C.G.V.
These general conditions of sale are concluded between:
Firstly,
the Company "L'instrumenterie", registered in the LYON Trade and Companies Register under SIRET number: 84926491600024, represented by Mr. Baptiste Zermati, hereinafter named "L'instrumenterie".
And on the other hand,
Any natural or legal person wishing to make a purchase on the website: https://linstrumenterie.com
Hereinafter referred to as “the Buyer”.
The company can be reached by e-mail by clicking on the contact form accessible via the home page of the site: https://linstrumenterie.com/pages/contactez-nous
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by L'instrumenterie.
The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale.
Article 2: General provisions
Placing an order on this site implies full and complete acceptance, without restriction or reservation by the Buyer, of these general conditions of sale and, where applicable, of the Special Conditions of Sale linked to a product or service. .
Placing an order directly online or by e-mail implies prior consultation of these general conditions of sale and does not require a handwritten signature, the “click” confirming the sending of the order constitutes the electronic signature of the Buyer. .
The Buyer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Buyer declares to be able to contract legally under French laws or to validly represent the natural or legal person for whom he is contracting.
Unless proven otherwise, the information recorded by L'instrumenterie constitutes proof of all transactions.
L'instrumenterie reserves the right to modify these terms at any time by publishing a new version on its website. The applicable General Terms and Conditions are then those in force on the date of the order.
The photos and descriptions appearing on the site are only intended to provide visual and/or commented information to the Buyer and do not in any way constitute a contractual commitment on each product. Any technical or appearance modifications that the manufacturers may make cannot in any way engage the seller's liability in this area.
Article 3: Price
The prices of the products sold are displayed in Euros and precisely determined on the product description pages. Delivery costs are not included in these prices.
Prices are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific delivery costs.
Any change in the VAT rate may be reflected in the price of the products.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the scope of the instrumentation.
They are the responsibility of the Buyer and fall under his responsibility (declarations, payment to the competent authorities, etc.) since at the time of delivery, he is the holder of the product sent. The instrument company therefore invites the Buyer to obtain information on these aspects from the corresponding local authorities.
L'instrumenterie reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
The telecommunications costs necessary for access to the L'instrumenterie website are the responsibility of the Buyer.
Article 4: Conclusion of an order
In accordance with the provisions of article 1127-1 of the Civil Code, the Buyer must follow a series of steps to conclude the contract electronically in order to be able to complete his order:
- Fill your shopping cart online with the products you want to buy
- Create a customer account on the L’instrumenterie website.
- Complete a form with the personal information indicated, as well as the details necessary for the smooth running of the delivery (building code, apartment number, etc.)
- If he wishes to collect his product in Lyon, he must contact L'instrumenterie to arrange an appointment
- Check your order
- Confirm your order
- Make payment under the conditions provided
Before proceeding with its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors or cancel his order.
Confirmation of the order and receipt of payment immediately concludes the sale.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and the waiver of taking advantage of one's own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction.
Confirmation will be worth signing and acceptance of transactions.
The instrument shop will communicate by email confirmation of the registered order.
L'instrumenterie cannot be blamed or held responsible for the consequences of any events beyond its control, particularly cases of force majeure, which would tend to delay or prevent the placing of the online order.
As part of its anti-fraud policy, L'instrumenterie may ask the Buyer for additional information and documents in order to finalize the Order. In this case, the Buyer is notified by email or telephone of the supporting documents to be sent in order to obtain final validation of their order.
L'instrumenterie reserves the right to cancel the order in the event of non-receipt of supporting documents or receipt of documents deemed non-compliant.
The Buyer's order may be canceled by L'instrumenterie, for any reason whatsoever, in particular in the event of lack of information necessary for delivery.
The Buyer will be kept informed by L’instrumenterie.
The Buyer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the placing of their order.
The language proposed for the conclusion of the contract is French.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code.
This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Buyer.
For the purposes of successful completion of the order, the Buyer undertakes to provide his/her true identification information (surname, first name, email address, delivery address).
Any order not including all this information will not be taken into account. L'instrumenterie reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the products and their respective prices are made available to the buyer on the L'instrumenterie website. In accordance with article L112-1 of the Consumer Code, the Buyer is informed, by marking, labeling, display or any other appropriate process, of the prices and special conditions of sale before any purchase. .
In all cases, the total amount owed by the Buyer is indicated on the order confirmation page.
Article 6: Availability
Product offers and prices are valid as long as they are visible on the L'instrumenterie website while stocks last.
Orders are processed upon receipt of payment and depending on product availability. In the event of product unavailability after placing the order, L'instrumenterie will inform the Buyer by email and/or telephone, and the order will be canceled.
In accordance with the provisions of article L.216-2 of the Consumer Code, in the event of unavailability of the product, the Buyer then has the option of being reimbursed for the product ordered within 14 days following his request.
Article 7: Regulations and payment terms
Orders can be paid either by credit card from the CB, VISA and MASTERCARD networks or by Paypal account or by check.
- For payment by credit card, all the information necessary for processing must be provided when ordering: first and last name of the bearer, card number, expiration date, key number (on the back of the card).
- For payment by check, the order will only be processed after receipt, verification and cashing of the check. Cashing the check will trigger the shipment of the goods.
The Buyer guarantees that he is fully authorized to use the bank card to pay for his order and that this means of payment gives access to sufficient funds to cover all costs linked to the order of products or services on the site. of Instruments.
Payments by credit card are made through a secure system such that the information transmitted is encrypted by software and no third party can become aware of it during transport on the network.
The Buyer's order will be considered accepted after confirmation of payment by the bank payment centers and its validation by L'instrumenterie.
The goods will remain the property of L'instrumenterie until full payment of the invoice (Law No. 80335 of May 12, 1980) and verification of receipt of payment in L'instrumenterie's bank account.
Article 8: Delivery
The Buyer undertakes to transmit, when ordering, all the information necessary for delivery in order to guarantee successful completion. The Buyer must in particular provide a telephone number at which the carrier can reach him during the day. An e-mail address allows you to be notified in advance of the delivery of the order.
The Buyer is responsible for his delivery address and contact details, no complaints will be accepted if the delivery address entered is incorrect.
The Buyer undertakes, for himself or for the recipient of the order, to take delivery of the goods at the address he indicated when ordering.
Delivery is always deemed to be made on the ground floor of the home.
Delivery is recognized as having been made either when the goods are handed over by the carrier to the Buyer (the dated and signed transport slip being taken as proof) or on the date of first presentation of the goods, if the Buyer is absent.
Upon delivery, the Buyer or recipient of the products must be able, if requested, to prove their identity.
The Buyer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.
The Buyer must take all necessary reservations from the carrier upon delivery, for verification of the goods, and their conformity to the order form, both in quality and quantity. Any damage or missing items must be reported very precisely within 48 hours by registered letter with acknowledgment of receipt.
In the event of damage, non-compliant delivery, breakdown upon unpacking, or defective products, refer to article 10 “Returns”.
Delivery does not include commissioning of the devices.
Delivery costs are calculated based on the delivery address, as well as the weight and volume of the items. They are displayed before final confirmation of the order by the Buyer.
For large or heavy products, the Buyer must contact L'instrumenterie in advance to study a service and a price adapted to them.
In the event of transport by postal service (small parcels), colissimo-tracking conditions are applied.
In the event of a lost product, the Post Office imposes an investigation period which can last up to 21 days at the end of which the product can be declared lost. In the event of a lost product, the Buyer must then make a declaration of loss to the Post Office and send a copy to L'instrumenterie. Only then can a new replacement product be shipped or a refund for the lost product can be made at the request of the Buyer.
The instrumentation does not deliver to post office boxes (PO boxes), post office boxes, as well as army postal sectors.
Article 9: Right of withdrawal
According to the consumer law of March 17, 2014, for distance sales concluded from June 14, 2014, the Buyer has a period of 14 days to exercise his right of withdrawal. The Buyer covers all return costs for the products concerned.
Reimbursement of these products only takes place if each and all conditions
below are gathered together:
1. The return must have taken place within the mentioned deadlines and must clearly state that this is the right of withdrawal.
2. All products must be returned in their original packaging intact.
3. The products must not have been used
After return and verification of the products and the conditions above, the reimbursement of the products to the Buyer is made within 14 days by L'instrumenterie.
Article 10: Returns
For returns, the Buyer must first contact L'instrumenterie by e-mail or mail to explain the details of the return.
In the event of a confirmed declaration of loss of the package by the carrier, depending on the nature of the product, available stocks and according to the Buyer's wishes, L'instrumenterie will offer either a refund or the reshipment of an equivalent product, if one exists.
In the event of damaged packages, fractured packages, missing or damaged products, the Buyer will make specific reservations on the receipt sheet, have the delivery person co-sign and keep a copy of the document. If the product is damaged,
The Buyer must absolutely refuse the package and note a reservation on the delivery slip “package refused because opened or damaged during delivery” and precisely characterize the damage.
These reservations must be very precise. The words “subject to unpacking” do not constitute a specific reservation and have NO LEGAL VALUE. It is then essential to precisely describe the condition of the packaging and/or the product, and to precisely characterize the damage (for example: noise of breakage, open package, damaged packaging, torn, pressed on the bottom right corner , scratched product, sunken, on the left side, package refused because opened or damaged during delivery...).
The Buyer must also confirm these reservations by registered mail to the carrier no later than 48 working hours following receipt of the item(s), and transmit a copy of this item(s) no later than 48 working hours following receipt of the item(s). mail to the offices of L’instrumenterie:
Mr Baptiste Zermati 31 Rue d’Inkermann 69100 Villeurbanne
Concerning a delivery that does not conform to the order in quality or quantity, or a breakdown during unpacking or a defective product, the Buyer must contact L'instrumenterie to explain the details of the dispute, by email or post.
A confirmation of support will be sent to the Buyer in order to resolve the problem observed.
By signing the delivery receipt without specific reservations and/or accepting the products without making any reservations concerning them, the Buyer acknowledges having received the goods in a condition giving him complete satisfaction.
The return of products must be made in their original packaging, in perfect condition, accompanied by all possible accessories and instructions. Items returned incomplete, damaged, used or soiled cannot be exchanged and will be returned at the Buyer's expense .
Any unjustified return (unproven breakdown, adjustment, breakdown due to improper use) or without confirmation of support validated by L'instrumenterie will be invoiced to the Buyer: intervention costs (hourly rate), repair costs of the product and costs of returning the goods.
All products can be exchanged or refunded within legal deadlines.
Buyers, non-professional individuals, benefit from a withdrawal period of fourteen days from delivery of their order to return the product to the seller for exchange or refund without penalty.
The date of receipt of the product delivered to the Buyer is used to assess the fourteen-day period. In the case of an order for several products, the period begins to run from receipt of the last product delivered.
Return costs are the responsibility of the Buyer.
The Buyer requesting a return will be provided with a form to return by email to L'instrumenterie.
Refunds of products will be made within a period of less than or equal to 14 days after actual receipt of the package and receipt and verification by L'instrumenterie of the return form fully completed by the Buyer.
The reimbursement will be made at the choice of L'instrumenterie by bank transfer or by bank check addressed to the name and billing address of the Buyer.
Article 11: Legal guarantees
The legal guarantee of conformity is defined by articles L 211-4, L 211-5, L 211-7, L 211-8, L 211-11 and L 211-12 of the Consumer Code.
The guarantee against defects and hidden defects is defined by articles 1641 to 1649 of the Civil Code.
Actions based on the legal guarantee of conformity and on the guarantee against defects and hidden defects are prescribed two years from the delivery of the goods sold.
In the event of a lack of conformity or hidden defects, return costs are the responsibility of the seller.
Note that the contractual warranty period delivered by L'instrumenterie is 21 days. In the event that this warranty is longer, it will be specified at the time of purchase.
The instrumentation provides a contractual guarantee, the duration of which depends on each item but must be specified upon purchase.
This warranty does not cover:
- Replacement of consumables (batteries, lamps, fuses, cords, etc.)
- Accessories, speakers, tweeters, cases and covers, except in special cases
- Abnormal or non-compliant use of products. In this regard, we invite you to carefully consult the instructions for use provided with the products or to request details from L'instrumenterie.
- Damage due to the intervention of a repairer
- Damage resulting from a cause external to the device (for example, accident, shock, lightning, current fluctuation, temperature and/or hydrometry variations, etc.)
Article 12: Respect for private life
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, personal information relating to the Buyer may be subject to automated processing. The information transmitted by the Buyer is for the exclusive use of L'instrumenterie.
L'instrumenterie undertakes not to transmit to third parties the personal information that Internet users provide on its site. These are confidential.
Article 13: Archiving / Proof
The instrument shop will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized records of L'instrumenterie will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
As well as exchanges by email or telephone, respectively: contact@linstrumenterie.com and 0683665381
Article 14 - Liability
The instrument shop, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems. It cannot be held responsible for non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of a total or partial strike of postal services, carriers, and disasters caused by floods or fires. . With regard to products purchased to satisfy professional needs, L'instrumenterie will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise.
The choice and purchase of a 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 liability of L'instrumenterie, except in the case of a proven hidden defect. , non-conformity, defect or exercise of the right of withdrawal.
Article 15 - Protection of your personal data
The company L'instrumenterie respects the rules for protecting the privacy of its customers, prospects and visitors to its website. All processing of personal data implemented as part of the accessible services complies with the local regulations applicable to the protection of personal data and in particular the provisions of the “Informatique et Libertés” law of January 6, 1978 as amended and the General Regulations. on Data Protection (EU Regulation 2016/679) or “GDPR”.
Article 16: Applicable law
This site as well as these CGV / CGU / Legal notices are subject to French law.
Last updated: 05/17/2023