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The conditions of sale and use of the online store www.vente.ajmusique.com owned by AJ Musique sarl are concluded between :

On the one hand AJ Musique SARL, a company with capital of 7,650 euros, SIREN 444 709 810 RCS Paris 15 Rue Lamartine 75009 Paris

And on the other hand, the customer or buyer, which includes any individual or legal entity wishing to make a purchase from the AJ Musique SARL website at the following address: www.vente.ajmusique.com

Any order validated by the buyer on the vente.ajmusique.com website implies prior acceptance of these terms and conditions. These conditions of sale apply to the exclusion of all other conditions. They shall prevail over any other general or special conditions not expressly agreed by ajmusique.com. The consumer acknowledges that he/she has been informed that his/her agreement to the content of these general conditions of sale does not require a handwritten signature if he/she orders the products offered for sale by the AJ Musique online store, and declares that he/she has the legal capacity to enter into commitments under these general conditions of sale.

As these conditions of sale are subject to change, the conditions applicable at the time of purchase validation will be those in force on the site at the date of purchase. The buyer is responsible for saving or editing these conditions of sale.

These terms and conditions include the price list, this text and the appendices. Unless previously accepted in writing by AJ Musique sarl, no special conditions may prevail over the General Terms and Conditions of Sale.

Any condition proposed by the Buyer shall therefore, in the absence of express acceptance, be unenforceable against AJ Musique sarl, regardless of when it may have been brought to its attention.

The placing of an order by the Buyer obligatorily entails its renunciation to prevail itself of its possible General Conditions of Purchase or to invoke any provision contrary to the present Conditions.

Characteristics of products offered

The products available for sale are those listed on the vente.ajmusique.com online sales site.

These products are presented for sale within the limits of available stocks, which are updated weekly. As a result of this weekly update, it may happen that certain products ordered are immediately unavailable. In this case, you will be notified by email, and we will let you know when your product(s) will be available.

The products offered on the vente.ajmusique.com website comply with current French legislation. The photographs or illustrations presented are not contractual and may be modified at any time by our suppliers or ourselves without our liability being incurred. The buyer remains the sole judge at the time of ordering of the compatibility between the products ordered and those already in his possession. The buyer may not hold AJ Musique liable or claim compensation in the event of an error in the order or inability to use the equipment ordered.

SPECIFIC CLAUSE: The reeds offered for sale in all their forms (canes, gouged, cut, tapered, semi-finished or finished reeds) will not be returned, exchanged or reimbursed due to hygiene standards and the risk of disease transmission.

Second-hand sales

The products displayed in the second-hand section are for information only.

Most of these products (with certain exceptions indicated on the site) cannot be bought online on the vente.ajmusique.com website, but are directly displayed and sold in the store. They are presented in a non-contractual manner, and the buyer must contact us by e-mail or telephone to find out about availability, condition, and terms of payment, delivery and warranty.

As second-hand instruments are unique, the purchaser is solely responsible for their acquisition and cannot under any circumstances be the object of a right of retraction, reimbursement, exchange for new or equal value, or compensation of any kind by AJ Musique.

Prices

The prices of our products delivered in France and Europe are indicated in Euros, all taxes included, excluding packaging and shipping costs. VAT is charged at the rate in force at the time of invoicing.

AJ Musique reserves the right to modify its prices at any time, it being understood however that the price displayed on the day of the order will be the only one applicable to the buyer.

Availability

Availability times are generally 7 working days for accessories in stock, but may be extended to a maximum of one month in the event of unavailability in our stock and from our suppliers. For musical instruments not in stock, lead times may vary from one week to 36 months, depending on the model and manufacturer. AJ Musique cannot be held responsible in the event of supplier unavailability, a change in price due to a manufacturing lead time that is too long, or unavailability due to the definitive closure of the company manufacturing the product ordered.

Orders are processed on receipt of payment and subject to product availability. In the event of product unavailability after an order has been placed, AJ Musique will inform the buyer by e-mail, indicating the date of product availability. If the product is definitively unavailable, the order will be cancelled and the purchaser will be immediately reimbursed or may request another product at an equivalent price, but AJ Musique will not be held responsible and will not be entitled to claim compensation of any nature whatsoever.

Orders

Orders covered by these general terms and conditions of sale are those placed exclusively on the www.vente.ajmusique.com website

The buyer who wishes to order a product must first and obligatorily :

  • Create an account by filling in all the mandatory fields, and create a password which will be sent to the buyer's valid e-mail address in the event of loss or omission.
  • Fill in and validate the online order form after checking it
  • Make payment using the means provided.

Orders paid for by cheque will only be processed once the cheque has been cashed, and the delivery time will be recalculated once the bank has confirmed that the amount corresponding to the order form named "Basket" has been cashed

Validation of the order implies acceptance of the present conditions of sale and renunciation of the right to invoke its own conditions of purchase or other conditions.

All data supplied and the recorded confirmation shall be deemed proof of the transaction.

Confirmation shall constitute signature and acceptance of the operations carried out.

AJ Musique will confirm the order by e-mail and inform the purchaser of the delivery date in the event of unavailability of products, but cannot be held responsible for any problems related to the operation of the site, the purchaser's Internet connection, or the website host that may cause a delay in placing the order. The buyer may at any time inform AJ Musique by e-mail or by telephone on 01 48 78 14 30 of the problem encountered in order to resolve it as quickly as possible and to be able to place the order by telephone without being able to engage the responsibility of the AJ Musique store.

AJ Musique sarl reserves the right to request any additional documents required for shipment, in particular additional addresses or legal documents required for export. The validation of the order will only be effective upon receipt of all the requested documents, and the order will be cancelled in the event of non-receipt of these documents.

1. Orders are firm and final and no cancellation or modification will be possible without the prior written acceptance of AJ Musique sarl. Unless it can be demonstrated that the cancellation is the Vendor's fault, any deposits paid will be retained by AJ Musique sarl as damages.

2. Only orders containing the following information will be processed: order date, product description, quantities, applicable price, total amount of the order, place and date (day and time) of delivery/pick-up, name and contact details of the carrier responsible for pick-up.

3. Orders can be fulfilled within a minimum of seven working days (Saturdays, Sundays and public holidays excluded) of receipt by the Vendor. This period is extended to 30 working days for products costing less than €1,000 inc. VAT and not in stock, and up to 36 months for made-to-order products costing more than €1,000 inc. VAT.

These delivery times are given for information only. Any delays shall not give rise to compensation, refusal of goods or cancellation of the order.

The Vendor undertakes to inform the Buyer of any unavailability of the product, whether temporary or permanent, such unavailability rendering any delivery period null and void.

Any failure by the Buyer to comply with the terms of delivery shall entitle the Vendor to invoice the Buyer for the carrier's waiting time.

4. AJ Musique sarl reserves the right to split any order in the event that the quantity ordered at one time, or in a series of successive orders transmitted within a period of one month, represents more than thirty percent of the quantities delivered during the previous calendar year.

5. To be admissible, any complaint concerning the condition of the goods must be recorded on the delivery note, signed by the recipient and countersigned by the delivery person.

6. The Vendor reserves the right to suspend deliveries in the event of any event likely to reveal a reduction in the Buyer's apparent solvency.

Financial and payment terms

Cheques are cashed on receipt and after validation of the order by the purchaser.

Paypal payments are subject to verification, which may take up to 48 hours

Bank transfers are dispatched on receipt of confirmation from the bank and after validation of the order form

  • By cheque payable in France and made out to AJ Musique and sent to the following address:

AJ Musique sarl- 15 rue Lamartine- 75009 Paris

- By PAYPAL, following the instructions and conditions of use linked to the Paypal online payment site

- By bank transfer, transfer charges are payable by the buyer.

Account holder :AJ Musique sarl

Address: Société Générale

1 bis rue du havre-75008 Paris

International Bank Account Number (IBAN): FR76 3000 3033 9000 0203 7936 462

BIC address SWIFT: SOGEFRPP.

The goods remain the property of AJ Musique sarl until full payment of the invoice (Law N° 80335 of May 12 1980).

Payment must be made in full at the time of ordering, unless otherwise specified on the site, and the purchaser guarantees AJ Musique sari that he/she has the necessary authorizations to use the means of payment he/she chooses when validating his/her order

Prices are for cash payment.

They may be modified at any time, subject to 3 weeks' notice, except in the case of changes to current tax legislation.

No discount is granted for early payment unless expressly agreed otherwise.

Prices include specific conditions according to the geographical zone of delivery.

A minimum order of €25 is required for a single delivery to a single location

All payment instruments (promissory bills, L.C.R., cheques, etc.) must be received by the Vendor before the due date indicated on the invoice.

Consequences of total or partial non-payment by the due date indicated on the invoice:

□ immediate settlement of all sums remaining due regardless of the planned method of payment and due date.

□ payment by way of penalty clause of compensation equal to 10% of sums due and unpaid including any judicial and extrajudicial costs, in particular penalties and bank charges where applicable. The present penalty clause will apply without The Seller having to justify the extent and nature of its loss.

□ set-off, in due proportion to the principal plus interest, costs and accessories, against all credit notes, credits, refunds, rebates, discounts or discounts and more generally any sums which the Seller may owe to the Buyer for any reason whatsoever.

□ suspension of all deliveries until full payment.

□ termination of any contract or order in progress after formal notice to pay has been served by registered letter with no effect.

□ loss of any discounts, rebates, discounts, possibly granted by AJ Musique sarl but not yet settled,

□ cash payment for deliveries of the two orders following the date on which failure to pay on the due date is ascertained.

Any unilateral deduction on the part of the Buyer from one of his payments shall be considered as a default in payment and may entail all the above consequences.

The invoice is drawn up at the Tariff applicable to the geographical zone of delivery, in force on the date of delivery. The invoice is drawn up in accordance with the current tax regulations and will be modified automatically in the event of any change to these regulations.

Any return accepted by AJ Musique sarl or unavailability of the product ordered communicated by AJ Musique sarl will result in the establishment of a credit to the benefit of the Purchaser, this credit being in no case an acceptance by AJ Musique sarl of any penalty or damages whatsoever.

Delivery

Delivery will be made to the address specified by the purchaser at the time of ordering. The buyer is responsible for ensuring the accuracy of the information provided concerning the delivery address. The choice of carrier remains at the discretion of the AJ Musique store according to the weight, quantity, volume, price, insured value and type of products ordered by the buyer.

Any damage visible on the packaging at the time of delivery by the carrier must be the subject of detailed written reserves at the time of delivery with the deliveryman and the carrier, including the signature of the buyer and the deliveryman. Any parcel accepted by the purchaser without reservation to the carrier will be considered as delivered in conformity without possibility of recourse or reimbursement for accident during transport.

In the event of damage reported by the purchaser during transport, the insured goods will be returned directly to the AJ Musique store, and the purchaser may either be credited with a credit note for the same amount, valid for one year for all purchases on the www.vente.ajmusique.com website, or be reimbursed by cheque within twenty working days, or request to receive the same product, in which case the delivery date will be communicated to the purchaser by e-mail as soon as possible.

Delivery costs are calculated at the time of ordering and are displayed for information only. They are then confirmed by e-mail at the time of dispatch in the case of bulky parcels or parcels with a high insurance value. Delivery charges are fixed up to €200 and recalculated thereafter.

Logistics

If the Purchaser comes to load the goods on the premises of AJ Musique sarl, transport is carried out at the Purchaser's risk, without exception and despite the terms of the article on the Reservation of Ownership Clause. In the event that the goods are accompanied by customs or tax documents, if these documents are not returned by the due date, the Buyer will reimburse AJ Musique sarl for all sums that AJ Musique sarl may have to bear, including duties and taxes.

To prepare orders subject to collection, the Seller must have received confirmation of the appointment two working days before the collection date. Carriers must comply with the security protocol in force at the collection site.

Consequences of failure by the Buyer to comply with collection conditions :

- invoicing of a penalty of €20 per load for a delay of more than 10 days,

- refusal of loads for collections without an appointment or not corresponding to the date specified in the order.

Returns

Product returns, except for non-conforming or defective products, are at the buyer's expense and are only possible after written agreement by both parties. Products must be returned in their original packaging, in perfect condition (a check will be carried out on each return) and accompanied by all the accessories and documents supplied on delivery. Products that are damaged, scratched, soiled or with missing accessories will not be accepted for return or exchange, or will be repaired outside the warranty period at the buyer's expense.

The cost of returns to the after-sales service for verification before the end of the warranty period, or for a product that no longer functions following incorrect use, will be charged to the customer. AJ Musique will only bear the cost of returning items with a manufacturing defect or abnormal wear and tear due to proper use.

For reasons of hygiene, reeds and products derived from reeds will not be returned or exchanged, except in the case of a shipping error on our part and after checking that they are in new condition.

Withdrawal period

The withdrawal period is fourteen days from the date of delivery of the order for an exchange or refund without penalty. Transport and insurance costs are entirely at the buyer's expense, and the product must be returned in new condition suitable for resale. Any intervention necessary for the resale of the product will be invoiced to the purchaser at the current hourly rate of the store's repair workshop.

AJ Musique advises purchasers wishing to exercise their right of withdrawal to insure the return of the product with the carrier up to the value of the returned product. Any product returned damaged by the carrier or lost during transport will not be reimbursed by AJ Musique.

After receiving and checking the conformity and new condition of the returned product, AJ Musique undertakes to reimburse the purchaser within one month from the date of receipt of the product.

Retention of title clause

All goods remain the property of AJ Musique sarl until full payment has been received.

It is specified that by full payment of the price AJ Musique sarl means the actual collection of the payment title and not the delivery of a title creating an obligation to pay.

In the case of payment by instalments, full payment is only deemed to have been made once all instalments have been paid.

Any deferment of due date shall be subject to the same reservation of title.

The risks of loss or deterioration of the goods, as well as liability for any damage they may cause, are transferred to the Buyer upon delivery of the goods. The Buyer must insure the goods on behalf of AJ Musique sarl and at its own expense.

Goods shall be used or resold by the Buyer in chronological order of delivery by AJ Musique sarl. Consequently, goods in stock with the Buyer shall be deemed to relate to outstanding invoices from AJ Musique sarl. The return of goods belonging to AJ Musique sarl by virtue of this clause shall be at the expense, risk and peril of the Buyer. Where applicable, AJ Musique sarl reserves the right to reclaim the goods from any sub-purchaser.

In the event of resale, the claim may be exercised against the price of the goods or any corresponding receivable, even in the hands of any holder or assignee, and the Buyer undertakes to assist AJ Musique sarl in the collection of such receivables from sub-purchasers.

In all cases, AJ Musique sarl is subrogated to the rights of the Buyer in respect of any sums or indemnities which may be due to it, for any reason whatsoever, and in particular insurance, up to the amount of the price of goods delivered and not yet paid for.

Warranties

For accessories (excluding reeds), the warranty is for two years and does not include natural wear and tear or wear and tear due to inappropriate use of the accessory. It does not include replacement of batteries. Most manufacturers require the original packaging to be kept in order to be covered by the warranty. To invoke the warranty, the purchaser must contact AJ Musique, who will tell him how to exchange the product. The product must be returned complete in its original packaging.

For wooden musical instruments, the warranty is two years for mechanical defects and 6 months to one year for wood. The warranty is that applied by the manufacturer in its general conditions of sale. Repairs under warranty are carried out if possible at the AJ Musique store, and if the repair entails replacement of a part due to a manufacturing defect or latent defect, the instrument will be returned to the factory at no cost to the purchaser. AJ Musique cannot be held responsible for repair times imposed by manufacturers. Under no circumstances may delays in repairs or the immobilization of the instrument be the object of legal proceedings by the purchaser or of compensation in favour of the purchaser.

In accordance with Decree no. 97-298 of March 27, 1997 - art. 4 (V) JORF April 3, 1997

In contracts concluded between professionals on the one hand, and non-professionals or consumers on the other, the professional cannot contractually guarantee the item to be delivered or the service to be rendered without clearly mentioning that the legal guarantee applies in any case, which obliges the professional seller to guarantee the buyer against all consequences of defects or hidden faults in the item sold or the service rendered.

AJ Musique sarl's contractual obligations are automatically suspended, and AJ Musique sarl shall not be held liable in the event of events likely to halt or reduce the manufacture or transport of goods, or to prevent the normal execution of sales. Similarly, AJ Musique sarl shall not be held liable if the products sold are stored in abnormal conditions or conditions incompatible with their nature.

AJ Musique sarl's warranty is limited to the replacement or repair of goods found to be defective, to the exclusion of all damages for any reason whatsoever, in particular loss of materials, loss of earnings, etc., and in general for any alleged direct or indirect loss, the Buyer being responsible for checking the goods before use or resale.

In order to guarantee the quality of its products and to preserve its brands, AJ Musique sarl has the right to take back, in any place whatsoever, products whose quality is in doubt. The Buyer undertakes to provide assistance, in particular logistical assistance, and to establish a stock.

Right of access and rectification of personal data

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to access and rectify your personal data processed by AJ Musique by sending a letter to the following address:

AJ Musique - 15 rue Lamartine-75009 Paris

Dispute resolution

Any claim by the Buyer concerning sums that AJ Musique sarl may owe him/her for any reason whatsoever must be notified by registered letter no later than one month after the calendar year for which the sum is claimed. Failure to do so will invalidate the claim.

In the event of a dispute or claim, the consumer should first contact the AJ Musique store. In the event of a dispute concerning the interpretation and/or execution of the present contract, the Tribunal de Commerce de Paris (Paris Commercial Court) shall have jurisdiction, the applicable law being French law.

Industrial and commercial property

The sale of products does not confer any rights on the Buyer in respect of trademarks or distinctive signs affixed to these products.

The use by the Buyer of any advertising or promotional message including the trademarks or distinctive signs affixed to the products of AJ Musique sarl is subject to the prior written authorization of AJ Musique sarl.

AJ Musique sarl reserves the right to refuse the broadcasting of advertising messages that are disparaging or infringe its trademarks.

When AJ Musique sarl products are put online by the Buyer, the Buyer undertakes to use only photos and logos transmitted by AJ Musique sarl, whose prior written agreement is mandatory.