Terms and conditions
Between the Association Absence de Marquage, whose administrative office is located at 15 rue Elie Roux 04290 Volonne and the head office at 9 route du Jabron 04200 Peipin, SIRET 442 643 268 00018, represented by Mrs. Imbert Simone, as president, duly authorized for the purposes hereof.
The association can be reached by email by clicking on the contact form accessible via the home page of the site. Hereafter the “Seller” or the “Company”.
On the one hand,
And the individual or legal entity purchasing products or services from the association, hereinafter, “the Purchaser”, or “the Customer”.
On the other hand,
It was outlined and agreed as follows:
The Seller is a publisher of musical score products exclusively for consumers, marketed through its website (https://stickmusicscores.com). The list and the description of the goods proposed by the association can be consulted on the above-mentioned site.
Article 1: Purpose :
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale apply to all sales of Products, made through the association’s website, which 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 GTC then applicable are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GCS can be consulted on the association’s website at the following address (https://stickmusicscores.com).
The association also makes sure that their acceptance is clear and without reserve by setting up a check box and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and where appropriate, the Special Terms and Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself. Unless proven otherwise, the information recorded by the association constitutes proof of all transactions.
Article 2 : Prices :
The prices of the products sold through the website are indicated in Euros including all taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. The Association reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the association’s websites are at the expense of the Customer. If necessary, also the delivery costs.
Article 2.1: Price – example of unlawful clause
The association reserves the right to change the prices at any time of products purchased on subscriptions by the consumer.
Article 3: Conclusion of the online contract
The Customer will have to follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, its options if any, and indication of the Customer’s essential data (identification, address, etc.); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the instructions for the payment, and payment of the products. ➢ Delivery of the products. The Customer, after payment, will download the purchased product in PDF and MP3 formats, confirming the proper receipt of payment.
Article 4: Products and services
The essential characteristics of the goods and their respective prices are made available to the buyer on the association’s website. The customer certifies that he is aware of the terms and conditions of availability of the goods as well as the terms and conditions of payment and execution of the contract. This contractual information is presented in detail in French and English. In accordance with French law, they are the subject of a summary and a confirmation at the time of the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the association’s website, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding conformity and hidden defects, the Seller shall reimburse or exchange products that do not correspond to the order. The refund can be requested by email with proof of the non-conformity of the product.
Article 5: Retention of title clause
The products remain the property of the association until full payment of the price.
Article 6: Terms of delivery
As the products sold are dematerialized, no physical delivery will be made. For the purpose of good realization of the order, and in accordance with the article 1316-1 of the Civil code, the Customer makes a commitment to provide his true elements of identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 7: Availability and presentation
The product being dematerialized, the sale is immediate since it is downloaded after validation of the online payment.
Article 8: Payment
Payment is due immediately upon ordering. The Customer must pay by credit card.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its banking information at the time of the sale, the Customer authorizes the Seller to debit its card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale shall be immediately terminated by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-21-8 of the Consumer Code, the supply of digital content not provided on a hardware support is excluded from the 7-day right of withdrawal.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for refund can be made by email with proof of the non-conformity of the product.
Article 11: Claims
If necessary, the Purchaser may submit any complaint by contacting the association via the contact form on the website (https://stickmusicscores.com).
Article 12: Intellectual property rights
The trademarks, 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 GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, such cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By adhering to these terms and conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the association and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the association) by letter RAR. We carry out on our site a follow-up of the frequentation. For this, we use tools such as Google analytics.
Article 16 Limitation of liability
It is stipulated a limiting clause of responsibility of the Seller for the realization of the service at 4 euros per product sold.
Article 17: Applicable law
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
Our general conditions of sale have been elaborated from a free and free model