Preamble
Article 1 – Object
The General Terms and Conditions of Sale herein establish the rights and obligations of the parties in the context of the online sale of Products provided by THE SELLER.
Article 2 – General Provisions
The General Terms and Conditions of Sale (GTC) herein shall apply to all sales of Products made through the website of Guillaume Kessler – Lutherie d’Art and are an integral part of the contract between THE BUYER and THE SELLER. THE SELLER reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of the conclusion of the sale.
These GTC can be consulted on THE COMPANY’s website with the following link: https://www.guillaume-kessler.com/shop/general-terms-and-conditions-of-sale THE COMPANY also ensures that their contract is clear and unreserved by setting up a checkbox and an approval click. THE CUSTOMER declares to have read all of the General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale related to a product or a service, and to accept them without restriction or reservation.
THE CUSTOMER declares to be legally entitled to conclude a contract under French laws or to represent the legal entity or natural person for whom the contract is concluded. Unless proven otherwise, the information collected by THE COMPANY serve as evidence of all transactions.
Article 3 – Prices
Prices of the products on sale on the website are indicated in euros (EUR / €) including VAT and are precisely defined on the pages that describe the products, excluding specific shipping costs. Custom duties, other local taxes, import duties or state taxes may be due in certain cases. These duties and charges are not the responsibility of THE SELLER. They shall be borne and the responsability of the BUYER (statements, payment to the competent authorities, etc.). Accordingly, THE SELLER advises THE BUYER to seek information regarding these aspects from relevant local authorities. THE COMPANY reserves the right to change its prices at any time in the future. The communication costs required to access THE SELLER’s websites are to be paid by THE CUSTOMER.
If applicable, shipping fees as well.
Article 4 – Concluding a Contract Online
THE CUSTOMER shall complete a series of steps which are specific to each Product provided by THE SELLER in order to place an order. However, the steps described hereafter are mandatory:
- Information on the essential characteristics of the Product
- Choice of the Product, and if applicable of its options, and indication of THE CUSTOMER’s personal data (identification, address, etc.)
- Agreement on the General Terms and Conditions of Sale
- Verification of the order contents and, if necessary, correction of errors
- Order validation
- Following payment instructions and payment of products
- Order delivery
THE CUSTOMER will then receive confirmation by email of the payment and a receipt confirming the purchase. For delivered products, delivery shall be made to the address provided by THE CUSTOMER. To ensure the order is carried out successfully, and according to Article 1316-1 of the French Civil Code, THE CUSTOMER agrees to provide truthful identification details. THE SELLER reserves the right to refuse the order, for instance in case of an unreasonable request carried out in bad faith or for any legitimate reason.
Article 5 – Products and Services
The essential characteristics of the goods, services, and their respective prices are available to THE BUYER on THE COMPANY’s website. THE CUSTOMER acknowledges to have received detailed information about the delivery fees as well as the terms of payment, delivery, and execution of the contract. THE SELLER shall fulfil THE CUSTOMER’s order within the limits of available stocks of Products only. Should this not be the case, THE SELLER shall inform THE CUSTOMER accordingly.
The contractual information are stated in details and in French. In accordance with French laws, they are summarised and approved upon confirmation of the order. The parties agree that the illustrations and photos of the products available for sale have no contractual value. Are specified on THE COMPANY’s websites: the period of validity of the Products and their prices as well as the minimum duration of the provided agreements when they involve a continous or periodic supply of products or services. Unless special conditions apply, the rights granted herein are only given to the natural person signing the order (or to the owner of the provided email address).
Article 6 – Retention of Title Clause
Products remain the property of THE COMPANY until full payment of the price.
Article 7 – Delivery Terms
Products are delivered as soon as possible to the delivery address provided at the time of the order – usually within 1 to 5 working days depending on the nature of the order. Should the delivery be late, THE CUSTOMER has the right to cancel the contract in accordance with the terms and conditions set out in Article L216-2 of the French Consumer Code.
THE CUSTOMER may rescind the contract by registered letter with acknowledgment of receipt, or by writing on another durable medium if, after having instructed THE SELLER in the same way to deliver the products or to provide the service within a reasonable additional time period, THE SELLER has failed to do so within that time period. The contract shall be deemed rescinded upon receipt by THE SELLER of the letter or of the written document informing of the rescission, unless THE SELLER has carried out the contract in the meantime. THE CUSTOMER may rescind the contract immediately if THE SELLER refuses to deliver the goods or the provide the service or if THE SELLER does not fulfil the obligation to deliver the goods or to provide the service on the date or on the deadline established in the first paragraph of Article L. 216-1 and if the date or deadline is an essential condition of the agreement for THE CUSTOMER. This essential condition results from the circumstances surrounding the conclusion of the contract or from an explicit request by THE CUSTOMER before the conclusion of the contract.
Article 8 – Availability and Presentation
Orders shall be processed within the limits of our available stocks or according to the available stocks of our suppliers. Should an item be unavailable for more than 15 working days, you will be immediately informed of the expected delivery dates. The order may also be cancelled on request. In such a case, THE CUSTOMER may request a credit note worth the same value as the item or a refund.
Article 9 – Payment
Payment is due immediately upon ordering, including for products on pre-order. THE CUSTOMER may pay by credit card or bank cheque. Cards issued by banks located out of France shall be international credit cards (Mastercard or Visa). The secured online payment by credit card is managed by our payment provider. Once the payment is initiated by THE CUSTOMER, the transaction is immediately debited after verifying the information. According to article L. 132-2 of the French Monetary and Financial Code, the agreement to pay by card is irrevocable. By providing the bank details at the time of the sale, THE CUSTOMER authorises THE SELLER to debit the credit card with the amount corresponding to the indicated price. THE CUSTOMER certifies hereby to be the legal cardholder to be debited, and to be legally entitled to use the card. In the event of an error or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law, and the order is cancelled.
Article 10 – Withdrawal period
According to Article L. 221-18 of the French Consumer Code, “the consumer has a period of fourteen days to exert their right of withdrawal with no requirement to give reasons for their decision or to bear any costs other than the direct costs of returning the goods“. “The period starts upon receipt of the goods or acceptance of the offer for the provision of services“. The right of withdrawal can be made by emailing or by calling THE COMPANY.
We inform the Customers that, according to Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in the event of the sale of goods made to the consumer’s specifications or clearly customised.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping fees will be refunded. The return costs remain at THE CUSTOMER’s expense. Products shall be returned in their complete and original condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new; if possible, a copy of the purchase receipt must be included.
Article 11 – Warranties
In accordance with the law, THE SELLER shall refund THE BUYER or exchange the defective products or products that do not correspond to the placed order.
In the event of a duly qualified hidden defect, THE CUSTOMER may request cancellation of the sale or a discount on the price. A hidden defect is a non-apparent defect of the item sold which makes it unfit for the purpose it was intended for, or which diminishes that purpose. It is reminded that THE SELLER is not liable for apparent defects. THE BUYER has a two-year period from the date of finding the defect to act. THE SELLER also ensures that the goods comply with the contract. This warranty covers defects of compliance existing at the time of delivery, but also defects of compliance resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility. Unless proven otherwise, defects of compliance which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery. For goods sold as second-hand, this period is set at six months.
Refund requests shall be made by email or by phone. THE SELLER reminds that the consumer: – has a period of 2 years from the date of delivery of the goods to contact THE SELLER – can choose between the replacement or the repair of the goods under the conditions provided for in the article apparently defective or not corresponding – is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer may also claim the warranty against hidden defects of the item sold in accordance with Article 1641 of the French Civil Code and, in this event, may choose between rescission of the sale or a discount on the sale price (provisions of articles 1644 of the French Civil Code).
In the event of a cancellation of the sale, discount or replacement, the refund request shall be made by email or by phone within the legal time limits.
Additional warranties: –
Article 12 – Complaints
If necessary, THE BUYER may raise any complaint by contacting THE COMPANY using the following contact details by email, post or phone:
- Guillaume Kessler – Lutherie d’Art
- Email: contact@guillaume-kessler.fr
- Phone: (+33) (0)9 52 99 58 29
Article 13 – Intellectual Property Rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of THE SELLER. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.
Article 14 – Force Majeure
THE SELLER’s obligations under the contract herein shall be suspended in the event of a fortuitous event or force majeure as defined by Art. 1218 of the French Civil Code, which would prevent the execution of the contract. THE SELLER shall inform THE CUSTOMER of the occurrence of such an event as soon as possible. If the inconvenience is temporary, the fulfilment of the contract shall be suspended unless the resulting delay does not justify the cancellation of the contract. If the inconvenience is definitive, the contract shall be rescinded by operation of law and the parties shall be released from their obligations.
Article 15 – Invalidity and Modification of the Contract
If one of the terms of this contract were to be cancelled, this would not lead to the invalidity of the other terms, which shall remain in force between the parties. Any amendment to the contract shall only be effective upon a written and signed agreement of the parties.
Article 16 – Personal Data Protection
According to the French Data Protection Act of January 6, 1978, you have the right to question, access, modify, oppose, and rectify your personal data. By agreeing to these terms and conditions, you consent to the collection and use of this data by us for the performance of this contract. By entering your email address on THE COMPANY’s website, you can choose to receive emails with information and promotional offers regarding products released by THE COMPANY. You can unsubscribe at any time. To do so, simply click on the link at the end of an email or contact the controller (THE COMPANY) by registered letter. We monitor traffic on all our websites. We use tools such as Google Analytics for this purpose.
Article 17 – Bloctel
If THE CUSTOMER does not wish to be commercially solicited by phone, they can register free of charge on the opposition list to telephone solicitation, provided for in Article L223-1 of the French Consumer Code, on the website www.bloctel.gouv.fr. Any person registered on this list may not be contacted by phone, except in the case of pre-existing contractual relations. If THE CUSTOMER is already registered on the Bloctel list, providing their phone number to THE COMPANY authorises THE COMPANY to use it to call THE CUSTOMER back in the context of this operation.
Article 18 – Applicable Law
All terms and conditions stated herein, as well as all purchase and sale transactions referred to herein, shall be subject to French law.
Article 19 – Claims
In the event of a complaint relating to the application of this contract, THE CUSTOMER may seek an amicable solution before taking legal action. THE CUSTOMER shall submit a claim by sending a registered letter. If THE CUSTOMER does not receive a response or is not satisfied with the response, they may appeal to the consumer ombudsman within one year. You are reminded that in order to seek the help of the mediator, you must first have tried to settle your disagreement directly with THE COMPANY by means of a written complaint.