Article 1 – Scope of application
These general conditions of sale apply to all orders placed on the website www.aquamusique.com or by telephone at +33 6 12 55 07 37.
The website www.aquamusique.com is exclusively and entirely written in French, it is published by the company AQUAMUSIQUE, whose head office is located at: lieu dit Guillamat, 65120 Gavarnir-Gèdre, registered in the trade and companies register of ??????????????????
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.
Article 2 - Price
The prices of our products are indicated in Euros including tax (all taxes included) excluding delivery costs. All orders placed on our site are payable in Euros. Prices may be changed at any time. The products that will be invoiced will be based on the prices in effect at the time the order is placed, subject to availability at that time.
The cost of foreign products and services are subject to fluctuations. All advertised prices may vary due to currency or customs charges.
Article 3 - Order
After clicking on the “Order” button, to the right of your basket, the customer is redirected to the delivery choice, subsequently he can check this information and modify it using the link “modify this address” and choose the method payment, (steps may be slightly modified).
The customer must read and accept the general conditions of sale before choosing a payment method. By choosing the payment method and clicking on the “ORDER” button, you access the payment page (secure payment protocol). The contract will then be formed, in accordance with the terms of the Civil Code, at the time the order is validated and the customer returns to the order confirmation page.
The customer receives an email acknowledging receipt of their order. Only products listed in the confirmation email sent at time of shipment will be included in the contract.
The customer can place an order on the website aquamusique.com or by telephone on 06 12 55 04 37 from 9:00 a.m. to 12:00 p.m. and from 14:18 p.m. to XNUMX:XNUMX p.m. Monday to Friday. At the time of ordering, he will be informed of the availability of the products. In addition, it may happen that certain products are unavailable after ordering. If the products prove to be temporarily unavailable (out of stock, etc.), they will be informed by e-mail and they will be asked to modify or cancel their order if it only has one item out of stock. or cancel only the missing item. If all the products in their order are permanently unavailable, we will keep them informed by e-mail.
When placing their order, the customer must accept these general conditions of sale by clicking on the box provided for this purpose to be able to validate their order. The customer represents and guarantees that he is authorized to pay with the payment card provided for payment and that the price of the order is covered by the funds available.
By ordering, you confirm that all information you provide to us is accurate, you certify that you are authorized to use the credit or debit card used to place the order and that you have sufficient funds to cover the price of the goods ordered .
The order date is the date on which the SELLER acknowledges receipt of the order online with the note “In progress”. The deadlines indicated on the SITE only begin to run from this date.
It is specified that orders will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract by making a request for withdrawal. Your order will be refunded in full and no later than 14 days following the decision. Upon receipt of their order, the customer must check its conformity and notify us either by email at info@aquamusique.com or by telephone at +33 6 12 55 04 37 for a possible error or missing product, see: Article 10 – After-sales service / Return contact us.
Article 4 - Payment
The price of the order is due immediately on the date the order is placed. We accept payment by credit card, bank transfer, or PayPal.
Online credit card payment uses the SSL (Secure Socket Layer) security protocol. Visa and Mastercard credit cards are accepted. Certain orders paid by credit card may be subject to additional verifications after payment has been debited. The customer will then receive an e-mail asking for supporting documents (identity card and credit card, the information of which will have been partially hidden beforehand) in order to validate the sending of their order.
Payment by bank transfer is possible in Euros whose bank is domiciled in France. The order will be validated on the date the transfer is received.
4.1 DISPUTED/UNPAID TRANSACTION
In the event of a disputed transaction and non-payment by mistake or deliberate will by the CUSTOMER for any order, placed, validated and received on the aquamusique.com website, the customer must pay for his order in full. Indeed, proof of purchase, invoices, purchase orders and deliveries may be used for "complaint for fraud" and the court will be seized to "summon for payment" by bailiff.
ARTICLE 5 – DELIVERY
All our deliveries are made in a closed package revealing no mention of the aquamusique.com site. The products are delivered to the address indicated by the customer during the order. Delivery costs will be indicated to the customer before any payment. Packages are shipped Monday to Friday inclusive, excluding weekends and public holidays. The delivery time does not include the order preparation time, which is on average 24 hours. The delivery time does not constitute an exact deadline and we cannot be held responsible in the event of a stock shortage with a supplier or a delay in delivery. Particularly in the event of a delay by the carrier, for whatever reasons, we cannot be held liable. The customer has the duty to check the condition of the packaging and the conformity of the products he receives following his order.
Aquamusique.com undertakes to respect as much as possible the shipping date given to you as an indication on the sheet of the product(s) you order. When ordering with several items, the delivery time to be taken into account is the longest. If I order an item shipped within 24 hours and another item shipped within 2 to 5 days then my entire order will be shipped within 2 to 5 days at least.
Orders are delivered by Colissimo. When the package is sent to the customer's home, in the event of the latter's absence, a delivery notice will be left by the postman or delivery person and the package will remain at the customer's disposal for the period indicated and at the address indicated on the notice of passage. After this period, the package will be returned to us.
The customer must ensure that the delivery address indicated is sufficient for delivery without incident by the service in charge of shipping.
5.1 DELIVERY PROBLEMS
Damaged packages: aquamusique.com ships packages in boxes in perfect condition or in suitable envelopes. Please note that the CUSTOMER must refuse any package that is open, suspected of having been opened, and/or severely torn, as it is the responsibility of the DELIVERY service chosen when placing the order. You may take photos if possible. Accepting the package in such a condition will be considered as acceptance by you.
Lost packages: In the event of a lost or stolen package, please inform us and open an investigation with the delivery service in your neighborhood or city. During the investigation, if your package is marked "Delivered" or "Delivered to mailbox" or any other indication specifying delivery by the postal service or carrier, this will be considered proof of delivery.
Returned parcels: In the event that an order is returned to us by the carrier due to absence, NPAI (Does Not Live at the Address Indicated), impossible delivery, failure to claim the parcel, or refusal of the parcel even though it has been opened (non-exhaustive list), the merchandise will be made available to the customer for 14 calendar days from the date of receipt at our premises and reshipped if the customer requests it: the return and reshipping costs will be charged.
Refused packages: Refused packages will not be accepted unless you submit a cancellation request. Return shipping costs, at the actual rate, will be deducted from the order total, along with the original shipping costs if they were free.
5.2 CUSTOMS TAXES
Customs or import taxes are due as soon as the package reaches its destination country. You must pay any additional customs clearance taxes. We have no control over these taxes and cannot predict them, as customs policies vary greatly from country to country. Please contact your local customs office for further information.
Article 6 – Availability of PRODUCTS
Depending on the PRODUCT concerned, aquamusique.com applies “just-in-time” inventory management. Therefore, depending on the case, the availability of the PRODUCTS depends on the stocks of the SELLER and the manufacturers. Some items are on order from our manufacturers.
aquamusique.com undertakes to honor orders received provided that the items are available.
The unavailability of an article is in principle indicated on the page of the article concerned. CUSTOMERS can also be informed of the restocking of the item by aquamusique.com in the event of a temporary or permanent out of stock.
In any case, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay and subject to the indications of suppliers and manufacturers if the PRODUCT is unavailable.
The SELLER may, with the CUSTOMER's agreement:
– Or offer to ship all PRODUCTS at the same time as soon as out of stock PRODUCTS are available again.
– Either proceed with a partial shipment of the PRODUCTS available initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
– Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within fourteen (14) days of payment.
Once your order has been placed, it cannot be modified or canceled before receipt of your package.
Article 7 – Description of PRODUCTS and photos
The SELLER implements description texts in its PRODUCT sheets. These texts can be summaries, the essential being present.
The SELLER may change or modify these PRODUCT sheets at any time either to provide more precision or to resolve any confusion that may be present.
For any specific request or any need for specific information on a PRODUCT and its PRODUCT sheet, please contact CUSTOMER SERVICE for more information because it is entirely possible that some PRODUCT sheets lack information.
Under no circumstances can this be presented by the CUSTOMER as a hidden defect if the CUSTOMER, having a specific request, has not made this known before placing the ORDER or during the finalization of his ORDER.
The photos are not contractual.
Article 8 – Customer service
For precise tracking of your order, our customer service is available at the following email address: info@aquamusique.com or by telephone at +33 6 12 55 04 37 (price of a local call).
Article 9 - Right of withdrawal
In accordance with current legislation, article L.221-18 of the Consumer Code, the customer has a period of 8 days (starting from the day after the date of receipt of the package by the customer or a third party) to return the package and request an exchange, a credit note or a refund of your order (postmark as proof). An explanatory page is accessible at the bottom of each page of the SITE via a “SHIPPING & RETURNS” hyperlink.
This right of withdrawal is valid only for an unused product, returned packaged in its original packaging intact with all its accessories, not handled or loaded, without added tape. The products must not have been used in any way and if the packaging has a seal, it must still be virgin.
According to current law, the right of withdrawal excludes any goods that you have opened and cannot be returned for hygiene reasons.
9.1 The right of withdrawal cannot be exercised for contracts:
– Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
– Supply of goods likely to deteriorate or expire quickly
– Supply of goods made to the consumer’s specifications or clearly personalized.
Article 10 – After-sales service / After-sales service
10.1 For a refund or credit:
> If your order contains several items and you do not return the entire order.
The steps for a return request: The customer must make a request from their customer account: first with the "Withdrawal Form", which informs us of your wish to withdraw, this validated, you can return your item or items returned in a sufficiently protected package with the return slip inside available on your customer account at "Returns of goods".
Return costs are the responsibility of the customer and only the price of the returned product(s) will be refunded or generated as a credit following the CUSTOMER's request. If during the initial order the shipping costs were offered following an offer or the initial order amount allows for free shipping, after deduction of the returned items the amount of the order is recalculated and if this does not give no longer entitled to the previous discount, the shipping costs initially offered will therefore be deducted from the reimbursement.
10.2 For a full refund:
> If you wish to return your entire order.
In compliance with the return conditions listed in the General Terms and Conditions, you must send us by registered mail with acknowledgment of receipt to the address: AQUAMUSIQUE, lieu dit Guillamat, 65120 Gavarnie-Gèdre, France, with a letter of withdrawal or any other declaration , unambiguous, expressing your desire to withdraw as well as your invoice to benefit from a full refund. If one of the conditions is not respected, a full refund cannot be made.
The return of the product must preferably be made with a tracking number, we cannot be held responsible for the loss or damage of the package that you return to us.
The simple return of the goods without declaration or the refusal to take delivery is not sufficient to express your desire to withdraw. Return costs remain your responsibility.
10.3 For defective, missing or item error products:
Any claim for a missing product, item error or damaged in the package must be made by email within 48 hours of receipt of the package. No complaints made after this deadline will be accepted.
The customer must contact our Customer Service to collect a prepaid return label allowing us to cover the return costs.
Defective products or unintentional item errors on our part must be returned to us in the condition in which you received them with all the elements: accessories, packaging, instructions, etc. Photos for proof will be requested if the photo allows the error or defective condition to be identified. The provisions of this article do not prevent you from benefiting from the right of withdrawal. In the event of a return not meeting these conditions (withdrawal on a damaged or incomplete product, warranty return for a working product, etc.), the product will be returned as is to the customer, subject to payment of costs. actual returns, as well as the costs incurred for the return to our premises if they had been covered by aquamusique.com.
10.4 The contractual guarantees do not cover:
Replacement of consumables (batteries, bulbs, fuses, antennas, portable headsets, microphones, wear of playback or recording heads, etc.), abnormal or non-compliant use of products. In this regard, we invite you to carefully consult the instructions for use supplied with the products, breakdowns related to accessories (power cables, etc.), defects and their consequences due to the intervention of an unauthorized repairer. , defects and their consequences linked to use not in accordance with the use for which the product is intended (professional, collective use, etc.), defects and their consequences linked to any external cause.
10.5 In the case of a refund:
We guarantee that it is made by check or paypal within a maximum period of 14 days following the date of processing of its return.
Article 11 - Guarantees
11.1 Commercial warranty
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Information concerning any commercial guarantees relating to the products and services offered for sale (in particular the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor depending on the products, services and brands concerned) are brought to the attention of the customer where applicable on the sheet of each product and service in the online sales area.
11.2 Legal guarantee
All products offered by sexymoon69.fr are subject to the application of legal guarantees of conformity (articles L211-4 to L211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code). For the implementation of one of the guarantees, the customer must contact aquamusique.com by e-mail at the address contact@aquamusique.com or by registered mail with acknowledgment of receipt to the address: AQUAMUSIQUE, place called Guillamat, 65120 Gavarnie-Gèdre, France.
It is recalled that within the framework of the legal guarantee of conformity, the consumer: • benefits from a period of two years from delivery of the good to act vis-à-vis its seller; • can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L211-9 of the Consumer Code; • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
This period is extended to 24 months from March 18, 2016, except for used goods. The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your goods. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 12 - Liability
The products offered on the aquamusique.com site comply with current French legislation and the standards applicable in France. All our products comply with French and European standards. The customer will find instructions for use with most of the products delivered. We cannot under any circumstances be held responsible for the misuse of the products sold on the site, in particular the use for a use other than that intended by the manufacturer of the product, or the non-compliance with the storage and safety instructions of the product. product. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, we cannot be held liable in the event of an error or omission in any of these photographs, texts, graphics, information or product characteristics or in the event of modification of the product characteristics by the manufacturers. If you have any questions about the products or our offer, you can contact our Customer Service. We disclaim all responsibility for the content of sites to which hypertext links may refer from our own site. AQUAMUSIQUE cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, disruption, total or partial strike in particular of postal services, means of transport or communications, flooding, fire and any other force majeure.
We cannot be held responsible for any loss or damage caused by a denial of service attack, such as DDOS ("Distributed Denial Of Service attack"), viruses or other technologically harmful material, which may infect your computer equipment, your computer programs, data or other material, and which would be due to the use of this website or the downloading of any element accessible on this website or on a linked site.
ARTICLE 13 – INTELLECTUEL PROPERTY RIGHTS
The goods which will be delivered and invoiced to you will remain the property of the company AQUAMUSIQUE and therefore of the site aquamusique.com until full payment of their price. Failure to pay the amount in full may result in the goods being claimed by AQUAMUSIQUE, restitution being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage you may cause, remain your responsibility.
Article 14 – Mediation
According to article L612-1 of the Consumer Code, the customer has the right to resort free of charge (except for possible lawyer and expert fees) to a consumer mediator for the amicable resolution of a dispute. opponent of aquamusique.com.
Since February 15, 2016, the European Commission's online platform for amicable dispute resolution has been open to the public. Any consumer who encounters a dispute with a company located in the territory of the Union has the possibility of submitting a request for mediation through this European platform. You can also consult the European Commission website dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_fr
Article 15 - Personal data
All personal data concerning our customers that we have collected is treated with the strictest confidentiality. When making a purchase, only the information that is essential to ensure the smooth processing of the order will be requested. We do not sell, market or rent this information to third parties. However, we may exceptionally decide to communicate certain information for the direct and related needs of the execution of the sales contracts that we conclude with you. In accordance with Article 34 of the Data Protection Act of 6 January 1978, the customer has the right to object, rectify or delete data concerning them. They may then exercise this right by contacting us at the following address: info@aquamusique.com (providing their surname, first name, postal address and email). We use cookies to record certain information that is stored in the memory of their hard drive. In no case do cookies contain confidential information such as name or card number, but they allow the customer to remember the items he selected during his previous visits and the pages he browsed. The customer acknowledges having been informed of this practice and expressly authorizes quamusique.com to use it. The customer may deactivate this cookie via the settings in his browser software.
Article 16 – Law applicable to disputes
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law. Any dispute resolution may be made with our Customer Service and in the absence of an amicable settlement, only a French court or a territorial jurisdiction will be competent regardless of the reason for the dispute. Article R 631-3 of the Consumer Code: "The consumer may refer the matter to either one of the courts with territorial jurisdiction under the Code of Civil Procedure or to the court of the place where he or she resided at the time of the conclusion of the contract or the occurrence of the harmful event."
Article 17 – Customer acceptance
These general conditions of sale as well as the prices are expressly accepted by the author of the order, who declares and acknowledges having perfect knowledge of them, confirmation of the order entailing acceptance of these general conditions of sale. These conditions are subject to change at any time without notice. The invalidity of one or more of the clauses of these general conditions of use will not result in their nullity.
Article 18 – Protection of minors
We are aware that the content of aquamusique.com may be shocking, so we have made certain commitments regarding your minor children:
– No offensive content in our product sheets
– No photos of full nude models
– Writing descriptions without vulgarity
– No pornographic content
Your responsibility as parents is to monitor the sites visited by your children. However, so that your children can access the Internet with complete peace of mind, you can install parental control and filtering software to limit your children's access to certain sites or content.
For more information you can visit www.protection-mineurs.com.
Any person consulting the aquamusique.com site declares to be an informed public and of legal age over 18 years of age or with the legal authorization of their parents or legal guardian.
Article 1305 of the Civil Code gives parents the possibility of canceling an order placed by a minor by contacting our customer service.
The site aquamusique.com cannot be held responsible in the event that the minor individual has confirmed his information (date of birth) and has in any case filled in false information to purchase products intended for adults by changing his value of birth.
The law concerning article 227-24 of the penal code cannot be applicable because the sole photograph of a nude cannot, subject to the sovereign assessment of the magistrates, constitute in itself the offense provided for in article 227- 24 of the penal code.