Terms of Sales
1. GENERAL
1.1 These general conditions of sale (hereinafter “CGV”) apply to all physical and material products made available to the public on the website of the company SNA GZ (hereinafter “the Company”) identified under the domain name (hereinafter “the Site”), namely phonograms (in CD, vinyl, etc. formats), videograms (DVD, Blu-Ray, etc.) and so-called “merchandising” products. » (clothing, bags, posters, accessories, stationery products, etc.) and any other so-called “derived” product (hereinafter together “the Products”).
1.2 Offers for the sale of Products on the Site are reserved for adults or minors with legal capacity (holders of authorization from their parents or guardians) in the context of so-called “retail” orders. The Products purchased on the Site are intended for the personal use of Customers, to the exclusion of professional exploitation of said Products, in particular through resale.
1.3 Each person who has made or is in the process of making a purchase on the Site is hereinafter and hereinafter referred to as “the Customer” for the purposes of understanding this document.
2 – APPLICATION OF THE CGV
2.1 These General Terms and Conditions come into force as soon as the Customer places an order under the conditions of article 4 below. The Customer thus undertakes to consult these General Terms and Conditions and to accept them explicitly, without restriction or reservation, by imperatively checking the box provided for this purpose in accordance with article 4.2 before registering the order concerned. below.
2.2 The Company reserves the right to modify, at any time, all or part of the General Terms and Conditions, which take precedence, except for specific conditions issued by the Company, over all other documents or conditions, which the Customer expressly declares to recognize and accept.
2.3 The General Terms and Conditions applicable to a purchase in question will be those published on the Site at the time of registration of the corresponding order.
3 – CREATION OF CUSTOMER ACCOUNT
3.1 For the purposes of placing an order on the Site, the Customer must create a personal account from the Site, by accurately completing the account creation form intended for this purpose and providing a certain amount of information and data concerning him with the aim of identifying him in the context of this order. This personal account will be created, for each Customer, upon the first purchase made on the Site.
As part of their registration, the Customer transmits the following information to the Company:
Last name / First name / Company name
Civility
Email Address / Username
Delivery adress billing adress
Login Password
All this information is mandatory for creating the account. Reference is made to article 10.3 concerning personal data relating to the Client collected by the Company.
3.2 Any duly completed account creation request is sent to the Company which acknowledges receipt by e-mail and allows the activation of a customer account (hereinafter “the Customer Account”). .
3.3 The Customer is solely responsible for the confidentiality of his password and identifier as well as any order placed through his Customer Account. The Customer will therefore also be solely responsible for the consequences linked to the possible communication of this data to a third party. In addition, the Customer undertakes to ensure that the information transmitted as part of this account creation is accurate, complete and regularly updated from his Customer Account. No fault of any nature whatsoever may be attributed to the Company in the event of use of incorrect information present in the Customer Account.
4 – ORDERS
4.1 Orders can be placed worldwide. Any Order placed by a Customer residing outside French territory will be processed in accordance with these General Terms and Conditions, subject to the legislative provisions otherwise applicable in the country where the Customer placing the Order is domiciled.
4.2 The Customer wishing to place an order undertakes to respect the following procedure consisting of:
- identify yourself on the Service by connecting to your Customer Account;
-select the desired Product(s) (by entering the desired size(s) and quantity) by clicking on the “Add to cart” icon;
- click on the “Show my basket” icon to view your order summary displaying the details of the selected Products, the price of each Product as well as the total price (all taxes included) of your Order);
- Click on the “Proceed to payment” icon;
- Provide your delivery address if the latter has not already been recorded as part of the creation of the Customer Account as provided for in article 3 above;
- select your delivery method;
- proceed to pay for your order by clicking on the “Proceed to payment” link or any other link indicating that placing an order requires payment.
In the meantime of the actual payment of his order and the confirmation of the latter, the Customer will have the possibility to delete or modify, at any time, his order, in particular concerning the choice of the selected Products, which the Customer can add or delete and/or the information communicated by the latter for identification purposes (including billing and/or delivery address).
Any confirmation of payment requires acceptance of these General Terms and Conditions which the Customer undertakes to validate, after having read them in full, by checking the box provided for this purpose.
4.3 Payment for the order is made online by bank card (Visa, American Express, Master Card or any other credit card), or by any other secure online payment method which will be chosen subsequently by the Company and indicated to the Customer when paying for your order. In this regard, the Customer must provide the following information relating to their bank details:
- the bank card number;
- the expiration date of said bank card;
- the visual cryptogram of said bank card.
All this information is mandatory for order registration. Reference is made to article 10.3 concerning personal data relating to the Client collected by the Company.
The amount of each order will be debited by the Company before shipping. This total amount to be paid is that appearing on the order summary page as well as on the order form sent to the Customer. The Products subject to the order remain the entire property of the Company until receipt by the latter of full payment of the total amount of the corresponding order.
4.4 The Customer definitively validates his order when he pays for his order. The data recorded by the Company constitutes proof of the nature, content and date of the order. Each order is archived by the Company. The Customer can access this archiving by making a written request to the Company's Customer Service ( sc.dtoc@sna-gz.com ).
4.5 The Company will confirm to the Customer the registration of their order by sending a confirmation email to the email address provided by the latter. This acknowledgment of receipt will show the order number, the description of all the Products concerned, the unit purchase price all taxes included for each of the Products, the total amount excluding taxes and all taxes included of the order, the country of delivery and the amount excluding taxes and all taxes included of the shipping costs, the rate and the amount of the applicable VAT.
Sending a confirmation email by the Company definitively validates the Customer's Order. However, the Company reserves the right to refuse or cancel an order received from a Customer in the following cases:
- dispute(s) having previously arisen with the Customer relating in particular to the payment of a previous order;
- refusal of payment authorization for the order from banking organizations.
In addition, and in the event that the Company is not able to honor the order placed by the Customer, the latter will inform the Customer by e-mail as soon as possible and will proceed, provided that it has already done so. collected the amount, upon reimbursement.
4.6 The Order confirmation email that the Company sends in accordance with this article 4 to the Customer contains a link to connect to their account in order to download the corresponding invoice. This email also indicates an estimated delivery date.
5 – PRICE
5.1 The price of the Products appearing on the Site is indicated in euros, all taxes included, but excluding shipping costs (“shipping costs”). The applicable VAT will be that in force according to French legislation in force at the time of registration of the order concerned. The amount of VAT is specified on the order form, the invoice as well as as part of the validation of the basket, accompanied by the designation of the Product(s) selected by the Customer, their respective price, shipping costs and the total amount of the order.
5.2 The Company reserves the right to freely modify its prices at any time.
The Products ordered are invoiced on the basis of the price in force, as appearing on the Site's offer at the time the corresponding order is registered.
5.3 For all Products shipped outside French territory, customs duties, import duties or other taxes may be applied. Any administrative formalities required with foreign authorities for these imports, as well as the payment of any sums due in this respect, remain the exclusive responsibility and charge of the Customer. The price paid by the Customer does not include the aforementioned possible costs.
Full payment of the price transfers ownership of the Products to the Customer.
6 – DELIVERY
6.1 The Products are delivered to the address provided by the Customer as the latter recorded it from the Site when creating their customer account and registering their first order.
It is specified that for an order comprising different Products, all of these Products can only be delivered to a single address.
6.2 Available Products are shipped within 3 to 5 days following receipt of payment by the Company. Delivery times are then those referred to below.
6.3 The following different delivery methods are offered to the Customer:
* home delivery :
An average delay of 2 to 15 days should be considered depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow the package to be deposited in a mailbox, said package is made available in the post office to which the Customer is attached. The Customer has 15 consecutive days from the arrival of the package at the post office to collect it. After this period, it will be returned to the Company and cannot be reshipped.
* delivery to Relay Point:
An average delay of 2 to 15 working days should be considered depending on the delivery destination indicated. The choice of relay point is made after payment of the order, if however the relay point was not informed by the Customer at this stage, the Company reserves the right to select one from the relay points available nearby.
6.4 The carrier's risk is borne by the Customer who, in the event of delivery damage or missing Product(s), must specify their reservations within 3 (three) days of receipt of the delivery, by registered mail. with request for acknowledgment of receipt addressed to the carrier.
7 - COMPLIANCE OR DEFECT OF PRODUCTS - WARRANTIES
7.1 In the event that a Product delivered by the Company is defective or does not conform to the order, the Customer may notify the Company by e-mail (sc.dtoc@sna-gz.com) or by registered mail. with request for acknowledgment of receipt sent to the attention of the Company's Customer Service, specifying in detail the elements of non-compliance of the Product with the order or the defects noted on it and this, within a maximum period 30 (thirty) days following the date of delivery of said Product, accompanied by proof of purchase (purchase order or invoice).
The Company will make the Customer's choice:
- either a full refund of the price of the Product (plus shipping costs and the cost of returning the Product upon presentation of proof) in the event that the Customer returns the Product to the Company;
- or, if possible, to the exchange of said Product;
subject, however, to the application of the provisions of article L.217-9 of the Consumer Code. It is up to the Customer to specify this choice in the aforementioned letter. Failing this, the Company will proceed with reimbursement.
This guarantee will neither apply to defects caused by use by the Customer of the Product concerned, which does not conform to the normal destination of this Product, nor to the implementation of the above-mentioned guarantee of conformity after the expiration of the above-mentioned period. . In addition, it is up to the Customer to ensure that the conditions for sending the Product back to the Company will be carried out under conditions similar to those of the initial shipment, in particular in order to cover the risks of loss or deterioration of the Product, which weigh exclusively on the Customer.
7.2 The Products presented for sale comply with French legislation in force on the date of the order. It is the responsibility of each Customer located outside French territory to check, with the competent local authorities, the possibilities of importing and using each of the Products he plans to order, as well as their compliance with the legislation in force. force in the country of delivery concerned. Consequently, the Seller cannot be held liable under any circumstances due to non-compliance of one or more Product(s) ordered with the local regulations of said country.
7.3 The stipulations of this article 7 in no way affect:
- on the one hand, the right of withdrawal enjoyed by each Customer in accordance with article L.121-20-12 of the Consumer Code and described in article 8 below,
- on the other hand, the benefit of the legal guarantee against hidden defects provided for the benefit of each Customer in accordance with the provisions of article 1641 et seq. of the Civil Code.
8 - RIGHT OF WITHDRAWAL / REFUND - EXCHANGE
8.1 In compliance with the legislative provisions in force, the Customer has a period of 14 (fourteen) days from receipt of the Product(s) to exercise with the Company his right of withdrawal provided for in article L. 221-18 of the Consumer Code without having to justify your decision. In the event of an order for several Products, the withdrawal period will begin to run from receipt of the last Product covered by said order.
8.2 To exercise his right of withdrawal, the Customer must inform the Customer of this decision within the said period in writing to the Company:
- either by e-mail ( sc.dtoc@sna-gz.com );
- either by connecting to their Customer Account from the “Order details” section.
The Product(s) concerned must be returned by the Customer, at their exclusive expense and within 14 (fourteen) days following the exercise of the right of withdrawal to the postal address from the place of shipment of the Products or to any other address indicated to him from his Customer Account by the Company.
8.3 In the event of withdrawal, the Product(s) must therefore be returned to the Company in their/their packaging, in the case of CDs and/or DVDs and/or merchandising products, and in any case in their original condition (i.e. new condition allowing the Company to re-offer the Products for marketing). Consequently, any product opened or damaged will not be taken back or refunded by the Company.
8.4 In accordance with the aforementioned article L.221-28, the media of audio and video recordings when they have been unsealed cannot be the subject of the exercise of the right of withdrawal. In addition, the Product(s) returned incomplete, damaged or soiled cannot be refunded in full (a discount on the refund may be applied by the Company) nor be exchanged.
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REFUND - EXCHANGE
9.1 Reimbursement payable by the Company, in application of articles 7 and 8 above as applicable, will be made no later than 14 (fourteen) days following the date on which the Customer informed the Company of receipt of the defective and/or returned Product(s) by credit to the Customer's bank account used to pay for the corresponding order.
9.2 The refund will only cover the sale price of the Product(s) concerned, excluding initial and return shipping costs, which will in fact be borne by the Customer if the return of the Product(s) s) is the subject
- the right of withdrawal exercised by the Customer.
- a product exchange request previously confirmed by the Company
10 – INTELLECTUAL PROPERTY – PERSONAL DATA
10.1 All intellectual property rights attached to the Site as well as those attached to the texts (including descriptions of the Products), photographs of the Products as well as photographs, graphic works, logos reproduced on the Site or on the packaging of the Products (particularly covers), presented on the Site is the exclusive property of the rights holders, mainly the Company. Any reproduction and/or use of the above elements, even partial, is strictly prohibited.
10.2 The Products offered for sale on the Site incorporate, as the case may be, musical, audiovisual, literary, graphic, photographic, plastic works (without this list being exhaustive) protected by copyright, as well as phonograms and /or videograms protected by rights related to copyright. The Customer undertakes to respect all laws, regulations, European directives, and international conventions in force relating to intellectual property, in the context of its use of these Products and works, phonograms and videograms incorporated therein. The Company cannot under any circumstances be held responsible for illicit and/or infringing uses made by the Customer.
10.3 All information related to the collection and processing by the Company of personal data communicated by the Customer in the context of his order(s), and more generally to the protection thereof, appears within the Confidentiality Policy accessible on the Site via the “ Confidentiality Policy ” link and which the Customer declares to have read before any order placed on the Site.
11 - FORCE MAJEURE / ADMINISTRATIVE RESTRICTIONS
The Company's liability cannot be called into question if the non-execution or delay in the execution of one of its obligations described in these General Conditions results from:
- a case of force majeure, as defined and retained by the case law of French courts and tribunals;
- existing or future regulatory restrictions, administrative bans resulting from a pandemic and/or a health crisis.
12 - REQUEST FOR INFORMATION AND COMPLAINTS - APPLICABLE LAW
12.1 For any information, questions or complaints, the Customer can contact the Seller's Customer Relations Department:
- or by e-mail: sc.dtoc@ sna-gz.com
- or by postal mail to the following address:
SNA GZ
DtoC Customer Service
ZA of Saint Anne
61190 Tourouvre
12.2 Sales contracts concluded in application of these General Terms and Conditions are exclusively governed by French law, regardless of the delivery address and/or residence of the Customer. In the event of a dispute and in the absence of an amicable agreement, the competent courts located in Paris will be the only ones authorized to hear this dispute.