General Terms and Conditions
Last updated: 30 January 2024
1 - SUBJECT
These general terms and conditions of sale govern sales on the Petit Son Amplifié website: www.petitsonamplifie.com
(hereinafter referred to as "THE SITE").
The purpose of the general terms and conditions of sale is to define the rights and obligations of the parties in the context of online sales, whether the buyer is a professional or a consumer (hereinafter referred to as "THE BUYER").
The applicable conditions are those in force on the date of the BUYER's order.
Any order placed for a product or service appearing on THE WEBSITE implies prior consultation and acceptance of these general terms and conditions of sale by THE BUYER.
Clicking to confirm the order implies full acceptance of these terms and conditions.
This click acts as a "digital signature".
2 -COMPANY IDENTIFICATION
Créations Fauré
Société par Actions Simplifiée (SAS)
Registered with the Narbonne Trade and Companies Register under no. 949 638 803
APE Code: 90.01Z
Intracommunity VAT: FR37949638803
Registered office: 1 rue du Mûrier, 11200 ESCALES.
(hereinafter referred to as "CRÉATIONS FAURÉ").
3 - CUSTOMER CARE
For any information, questions or advice, our customer service team is available:
- by post to our head office: 1 rue du Mûrier, 11200 ESCALES
- by email: petitsonamplifie@gmail.com
This service centralises the request.
4 - ORDER CONFIRMATION
Contractual information will be confirmed to the e-mail address indicated by THE BUYER when placing the order.
Any confirmation of an order implies full acceptance by the consumer of PETIT SON AMPLIFIÉ's General Terms and Conditions of Sale, without exception or reservation.
All the data supplied and the recorded confirmation constitute proof of the transaction.
5 - PROOF OF TRANSACTION
The computerised registers, kept in the computer systems of PETIT SON AMPLIFIÉ under reasonable conditions of security, are considered as proof of the communications, orders and payments that have taken place between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
6 - PLACING AN ORDER
PAYPAL / STRIPE
THE WEBSITE makes it possible to place and validate orders online by paying by credit card, via Stripe, a service offered by the company Wix, or by using the Paypal services, which offer the possibility of payment in 1 or 4 instalments. In the event of a malfunction relating to payment via these services, the BUYER is invited to contact us so that, in turn, we contact their services. In the event of a proven malfunction of one of the Stripe or Paypal services, PETIT SON AMPLIFIÉ cannot, under any circumstances, be held responsible.
BANK TRANSFER
The BUYER may also place an order by e-mail, using the form on the contact page, by telephone or in person. An e-mail will be sent to the BUYER within the hour, as far as the situation allows and if and only if we know the BUYER's e-mail address. It summarises the details of the order and attaches the IBAN of CRÉATIONS FAURÉ. The order is then dispatched as of reception of the bank transfer of THE PURCHASER, visible operation on the bank account of CRÉATIONS FAURÉ.
7 - PAYPAL / STRIPE PAYMENT METHODS
The information relating to the order paid with the 4 x Paypal remote solution is subject to automated data processing for which PAYPAL SAS is responsible. The purpose of this automated data processing is to determine a level of insurance for a transaction and to combat payment fraud, in particular credit card fraud.
Paypal and Stripe are the recipients of the data relating to the order. Failure to transmit order-related data will prevent the transaction from being processed and analysed.
The occurrence of an unpaid order due to fraudulent use of a bank card or other means of payment will result in the registration of the order data associated with the unpaid order in a payment incident file set up by Paypal and Stripe. An irregular declaration or anomaly may also be subject to specific processing.
8 - PRICE
The prices indicated in euros are inclusive of all taxes. The current VAT rate for PETIT SON AMPLIFIÉ products and services is 20%.
The prices of PETIT SON AMPLIFIÉ, a brand of CRÉATIONS FAURÉ, including VAT, excluding raw materials and manufacturing time, include the cost of preparation for dispatch and packaging. Transport costs are indicated below. Prices may be modified at any time without prior notice, bearing in mind that items are invoiced on the basis in force when the order is registered.
All orders are invoiced and payable in euros (€).
9 -DELIVERY
Products are delivered to the postal address indicated by THE BUYER on the dedicated form when placing an order on THE SITE, by telephone, e-mail, via THE SITE's contact form or when placing a physical order.
The delivery intervenes only once the order validated by THE BUYER, the payment carried out in its entirety by THE BUYER, as well as the complete and whole availability of the ordered articles.
As with any shipment, it is possible for the product to be delayed or lost. In such a case, PETIT SON AMPLIFIÉ contacts the services of La Poste / Mondial Relay (and, possibly, other services) to launch an investigation. All our best efforts are then made, for as long as necessary, to find the parcel. If necessary, PETIT SON AMPLIFIÉ will be reimbursed by Mondial Relay / La Poste (and possibly other services) and will deliver a new identical parcel at its own expense.
PETIT SON AMPLIFIÉ declines all responsibility for longer delivery times due to Mondial Relay / La Poste (and, possibly, other services), particularly in the event of loss of products, bad weather or strikes.
The order is sent in 2 stages:
Preparing the order
Orders are prepared within 48 to 72 hours of validation (excluding weekends and public holidays).
The delivery
The delivery time corresponds to the time taken for delivery by Mondial Relay / La Poste (Colissimo) and, where applicable, other services. The delivery times shown are therefore only indicative and are not binding.
More info about prices / delivery times 2023 Colissimo :
https://www.laposte.fr/tarif-colissimo
More info about prices / delivery times 2023 Mondial Relay :
https://www.mondialrelay.fr/envoi-de-colis/tarifs-expeditions
10 - DELIVERY PROBLEMS CAUSED BY THE CARRIER
All PETIT SON AMPLIFIÉ products leave our premises in perfect condition. In the event of reception of damaged parcels, broken, missing or deteriorated products, the BUYER will carry reserves characterized (handwritten reserves) on the sheet of emargement, will also make sign the deliveryman / factor and will preserve a specimen of the document. If the product is damaged, the BUYER must absolutely refuse the parcel and note a reserve on the delivery note parcel refused because opened or damaged during the delivery, by explaining precisely the damage. These reservations must be very precise.
It is essential to give a precise description of the condition of the packaging and/or the product, and to characterise the damage precisely (for example: breakage noises, package opened, packaging damaged, torn, dented on the bottom right-hand corner, product scratched, dented, on the left-hand side, package refused because it was opened or damaged on delivery, etc.).
The BUYER must also confirm these reservations to the carrier by registered mail within 48 working hours of receiving the item(s), and send a copy of this letter, along with an explanation of the situation, to: petitsonamplifie@gmail.com.
All information sent to PETIT SON AMPLIFIÉ must be visible, legible and understandable. This is especially true if THE BUYER sends a photograph.
Without this statement, PETIT SON AMPLIFIÉ will not be able to proceed with any exchange.
PETIT SON AMPLIFIÉ will not accept the exchange of any product that is subsequently declared to have been damaged during transport, without any reservation having been made on receipt of the parcel.
By signing the delivery receipt and accepting the products, the BUYER acknowledges having received the goods in a satisfactory condition.
After receipt and acceptance of the parcel by PETIT SON AMPLIFIÉ, depending on the nature of the product, available stocks and the BUYER'S wishes, we will offer to reship the product initially ordered.
11 - RETURNS
Any return of goods must be notified in advance by e-mail to PETIT SON AMPLIFIÉ: petitsonamplifie@gmail.com in order to obtain the terms of return, including the return number.
With the exception of the situations described above in article 10 of these GCS, the products must be returned in their original condition and packaging, which implies that there are no traces of use. Any modification of the products cancels any possible return by PETIT SON AMPLIFIÉ. No return will be accepted without the prior agreement of PETIT SON AMPLIFIÉ and the obtaining of a return number which will be supplied as soon as possible after contact has been made. If the BUYER does not have a return number, the item will be refused and returned. The BUYER is responsible for the return shipping costs, except if a special agreement has been made with PETIT SON AMPLIFIÉ.
PETIT SON AMPLIFIÉ does not accept returns of products, except in the case of defective material or prior agreement.
Products that are unique or out of stock, or that are made to order for THE BUYER cannot be returned.
12 - REFUNDS
PETIT SON AMPLIFIÉ guarantees a refund within 30 days or less from the date of receipt of the returned parcel.
13 - RIGHT OF WITHDRAWAL
For THE BUYER Consumer
From the date of delivery of the order, THE BUYER has a period of 14 clear days to exercise his right of withdrawal. In this case, THE BUYER returns the order within this period in order to be fully reimbursed. The cost of returning the goods will be borne by the BUYER.
PLEASE NOTE: incomplete, worn, damaged, altered or soiled products cannot be taken back (see previous articles in these GTC).
For THE PROFESSIONAL BUYER
From the date of delivery of the order, THE BUYER has a period of 14 clear days to exercise his right of withdrawal. In this case, THE BUYER returns the order within this period in order to receive a full refund. The cost of returning the goods will be borne by the BUYER.
However, the following 3 conditions must be met:
- the contract must be concluded off-premises. The contract concluded via THE WEBSITE does not fall within the scope of off-premises contracts.
- the subject of the contract must not fall within the main field of activity of THE PROFESSIONAL BUYER.
- the number of employees of THE PROFESSIONAL BUYER must be less than or equal to five.
REMINDER: PETIT SON AMPLIFIÉ will only take back products returned as a whole, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged will not be reimbursed, taken back or exchanged.
This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. In the event of exercising the right of withdrawal, the BUYER has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the forwarding will be done with its expenses.
In the event of exercising the right of withdrawal and requesting reimbursement, PETIT SON AMPLIFIÉ will make every effort to reimburse THE PURCHASER within thirty days.
To proceed with the return, THE BUYER must complete and return the form that he/she will receive by e-mail.
14 - AVAILABILITY OF ITEMS
In the event of stock shortage of a product, the BUYER will be informed by e-mail as soon as possible. He will have the possibility of waiting for the manufacture of the product or of cancelling his order.
15 - WARRANTY
The PETIT SON AMPLIFIÉ products, branded CRÉATIONS FAURÉ, are guaranteed for two years, from the date of purchase, against any defect or fault in construction and manufacture. This guarantee applies exclusively to the first PURCHASER and cannot be transferred under any circumstances.
Normal wear and tear, damage to surface coatings, repairs resulting from poor maintenance and deterioration caused by inappropriate use are excluded.
No warranty will be valid in the event of improper use of the products, modifications or repair and maintenance work carried out by persons other than PETIT SON AMPLIFIÉ or acting on behalf of PETIT SON AMPLIFIÉ.
This warranty includes the replacement or repair, free of charge, by PETIT SON AMPLIFIÉ - or acting on behalf of PETIT SON AMPLIFIÉ - of any part or assembly found to be defective.
The cost of postage and packing, if any, shall be borne by the BUYER, unless otherwise agreed with PETIT SON AMPLIFIÉ.
The guarantee does not apply in the event of alteration or misuse of the equipment.
In the event of repair by PETIT SON AMPLIFIÉ, spare parts under warranty and labour will be supplied free of charge.
PETIT SON AMPLIFIÉ declines all responsibility in the event of defects occurring during use or as a result of modifications or repairs carried out on our equipment during the guarantee period.
PETIT SON AMPLIFIÉ reserves the right to test the equipment and to determine whether the fault is due to a manufacturing defect or normal use.
16 - DATA PROTECTION
An article supplementing the information given on the Privacy Policy page.
In accordance with the French Data Protection Act of 6 January 1978, the BUYER has the right to access, rectify and delete all personal data recorded by Paypal at any time. For more information, click here. The same applies to the data recorded by Stripe. For more information, click here.
17 - APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to herein, are governed by French law.
18 - JURISDICTION
The competent courts in the event of a dispute will be those of NARBONNE (11100), the courts of the registered office of CRÉATIONS FAURÉ.
19 - RESPONSIBILITY
The choice and purchase of a PETIT SON AMPLIFIÉ product or service are the sole responsibility of THE BUYER. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of PETIT SON AMPLIFIÉ, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of retraction.
20 - FORCE MAJEURE
Neither party (THE BUYER / PETIT SON AMPLIFIÉ) will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous case of force majeure. A case of force majeure shall be deemed to be any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten working days of becoming aware of them.
The two parties will then meet, within a period of three months, unless this is impossible due to force majeure, to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to external telecommunications networks.
21 - OWNERSHIP CLAUSE
PETIT SON AMPLIFIÉ reserves the right of ownership of the goods delivered until they have been paid for in full.
22 - INTELLECTUAL PROPERTY
The term "intellectual property" refers to works of the mind: inventions, literary and artistic works, designs and models, and emblems, names and images used in commerce.
All elements of THE SITE are and remain the exclusive property of CRÉATIONS FAURÉ, a company represented by its president Nadine Fauré and its director Arthur Lanotte-Fauré.
Any use of the information obtained to create a database for commercial purposes is prohibited.
The extraction and re-use of all or part, qualitatively or substantially, of the content of the information contained on THE SITE on another medium, by any means and in any form whatsoever, is prohibited.
Any reproduction, exploitation, redistribution or use of one or more elements of the site, whether textual or otherwise, is strictly forbidden,
visual or audio, is strictly forbidden under penalty of criminal prosecution.
23 - CHANGES TO THE GTC PETIT SON AMPLIFIÉ
PETIT SON AMPLIFIÉ reserves the right, at any time, to modify all or part of its GCS (General Terms and Conditions of Sale). The modifications come into force as soon as they are put on line.
Yours sincerely,
Arthur Lanotte-Fauré et Nadine Fauré