General Conditions REWIND USE
Article 1. Preamble
1.1 Henri SELMER Paris, a simplified joint stock company with a share capital of 4,264,592 euros, whose registered office is located at 59 rue Marcadet, 75018 Paris and registered with the Paris Trade and Companies Registry under No. 572 018 281, provides, via the Platform (see definitions of words beginning with a capital letter in Article 2 below), Services whose purpose is to put Final Customers in contact with Users, professional sellers of Products in accordance with the operating rules below.
1.2 Henri SELMER Paris is in no way a seller or reseller of the Users' Products on the Platform, which are sold directly and exclusively by the Users to the Final Customers. Henri SELMER Paris acts as a simple intermediary allowing the Users to inform the Final Customers of the availability of their Products for sale.
1.3 Notwithstanding the foregoing, Henri SELMER Paris reserves the right to sell its own Products directly to the Final Customers, which it would present to them via the Platform, according to its General Conditions of Sale available here.
Article 2. Definitions
Final Customer means any natural person of full age with the capacity to perform legal acts or any legal entity under private law not acting for professional purposes, visiting the Platform and potentially wishing to purchase a Product presented by a User directly from the latter.
Ad designates all the elements and data (visual, textual, photographs), submitted by an User under his editorial responsibility, with a view to offering a Product via the Platform.
Users means any Authorized Retailer of Henri SELMER Paris, registered on the Platform, holder of a reseller account or any professional seller of Products who would have been previously and discreetly authorized by Henri SELMER Paris to create a reseller account in order to use the Platform to propose Ads.
GTU means the present General Terms of Use which govern the relations between the Users and Henri SELMER Paris.
Authorized Retailer means any professional reseller having been authorized by Henri SELMER Paris for the sale of Selmer Instruments in its approved Point(s) of sale Authorized Retailer(s), in accordance with the Authorized Retailer Agreement in force between them.
Product Sheet means the description of a Product, which includes at least the price including all taxes expressed in euros (or in the currency where the Point of sale is located), a description of the essential characteristics of the Product including in particular the model and condition of the Product in accordance with Articles 8 and 11.
User Form means the description of an User, which includes at least its trade name (and, if different, its corporate name), the address of its establishment (and, if different, the address of its registered office), its registration number in the Trade and Companies Register, its telephone number and its e-mail address.
Platform shall designate the Internet site accessible at the following address: www.selmer.fr/rewind, which notably enables to put Users and Final Customers in contact with each other in order to inform the latter of the availability of Products for sale.
Products designate Henri SELMER Paris instruments of the family of used wind instruments of all types.
Services means the services offered by Henri SELMER Paris on the Platform, mainly the service of putting Users in contact with Final Customers in order to inform the latter of the availability of Products for sale.
User refers indiscriminately to any User or Final Customer.
Article 3. Scope, acceptance and amendments of the GTU
3.1 The purpose of the GTU is to set the rules of access to the Platform and use of the Services for Users. They are not intended to govern the commercial and contractual relations between Final Customers and Users. It is hereby specified that there are no general terms and conditions of sale on the Platform specific to any transactions that may be concluded between Final Customers and Users.
3.2 By accessing and using the Platform and/or the Services, all Users declare that they have read these General Terms of Use and expressly accept them without reservation and/or modification of any kind. The present GTU are therefore fully enforceable against Users. The User who has accepted the GTU undertakes to comply with its clauses throughout the duration of use of the Platform.
3.3 The GTU are subject to change. The new GTU apply to any User who has accepted them as of their effective date. The refusal of the new GTU by an User will result in the closure of his reseller account, which will prevent him from using the Platform.
Article 4. Reseller account creation
4.1 In order to benefit from the Services, all Users must create a reseller account on the Platform.
4.2 The creation of a reseller account is only allowed to Users. It requires the communication of an email address and the creation of a password. Users must provide the surname, first name, email address, telephone number of the natural person representing them on the Platform as well as their reseller identifiers (the User Form).
4.3 It is imperative to provide accurate, complete and up-to-date information in order to ensure the proper functioning of the Services. In this respect, the User is solely responsible for the consequences that may result from the provision of false, invalid, erroneous or obsolete information.
Article 5. Reseller account closure
5.1 Reseller account closure: The User may freely close its reseller account at any time and without notice by going to its reseller account or by writing an email to the following address rewind@selmer.fr, indicating its reseller identifiers. The closure of the reseller account shall take effect no later than 30 days after the date of the notification by the User of its wish to close its reseller account.
5.2 Closure of the reseller account by HSP : Henri SELMER Paris may close the reseller account of an User, when the User has refused the new GTU and/or when the User has failed to meet its obligations, without having to justify it. Henri SELMER Paris undertakes to inform the User of its intention to close its reseller account by sending him an email at least 5 calendar days before the closure of his reseller account.
Article 6. Free services
The Services are free for all Users, they do not give rise to any payment from the User to use the intermediation Services of the Platform with the Final Customers and vice versa.
Payments for Products are made directly by the Final Customers to the Users. The Users do not remunerate Henri SELMER Paris for the Services, which does not receive any commission of any kind.
Article 7. Relationship between Henri SELMER Paris and Users
Users are Authorized Retailers of Henri SELMER Paris who have registered on the Platform or professional sellers of Products and discreetly authorized to create a customer account to use the Platform by Henri SELMER Paris.
Users are independent professionals, who wish to inform potential Final Customers of the availability of their Products, via the Platform.
Final Customers are any natural person of legal age with the capacity to perform legal acts or any legal entity under private law not acting for professional purposes, visiting the Platform and potentially wishing to purchase a Product presented by an User directly from the latter.
Henri SELMER Paris is a third party to the correspondence and contractual relations between the Users and the Final Customers, and therefore excludes any liability in this respect.
Furthermore, Henri SELMER Paris shall in no way be held responsible for the content of the A published by the Users as well as the messages and content exchanged via the Platform and gives no guarantee, express or implicit, in this respect.
Article 8 – Process for Users to Publish an Ad
Users log on to the Platform with their "reseller" identifiers under the following link: https://www.selmer.fr/fr/login.
In his reseller account, the User clicks on the heading "Ad" located at the following address: https://www.selmer.fr/fr/account/annonce-occasion/.
The User clicks on the "Create an Ad" button to access the Product Ad creation form.
The User must then complete the mandatory information requested, namely:
- INSTRUMENT
- TITLE
- DESCRIPTION
- TECHNICAL FEATURES
- The User clicks on "Add a feature", then describes its title (e.g. Year of manufacture) and then indicates the value (e.g. year 2012).
- The User adds several features, if desired, including:
- Year of manufacture
- Finish
- Serial number (replace the last 3 digits with XXX)
- Accessories (e.g. alto flight case included, ...)
- Others
- PRICE
- PHOTOS
- The User can add up to 5 photos (e.g. overview, details...), in .jpg or .png format, 150 dpi max, with a maximum recommended weight of 250kb/file (to allow a quick display to all Final Customers).
- Once the selection of photos ready for use, the User clicks on the thumbnail, scrolls through the folders on his computer and validates to go to the next visual.
- POINTS OF SALE
- CONTACT INFORMATION
The User then records all his changes to the Ad.
The Announcement is then submitted to Henri SELMER Paris for approval. In case of compliance with the GTU of the service, it may be validated and put online within an average period of 14 days under the following link: https://www.selmer.fr/fr/account/annonce-occasion/.
In the event of non-compliance with the GTU, Henri SELMER Paris will contact the User concerned within an indicative period of 21 days.
Article 9 – Removal of Ads contravening the GTU by Henri SELMER Paris
Henri SELMER Paris reserves the right to remove, without notice or compensation or right to reimbursement, any Ad that does not comply with the GTU and/or that may infringe the rights of a third party.
Article 10 – User commitments
10.1 The User guarantees that it holds all the rights and/or has obtained all the necessary authorizations for the publication of its Ad.
The User guarantees that the Ad does not contravene any regulations in force (in particular relating to advertising, competition, sales promotion, use of the French language, use of personal data, prohibition of the marketing of certain goods or services, any contractual agreement concluded with Henri SELMER Paris), nor any third party rights (intellectual property rights, personality rights) and that it does not contain any defamatory or damaging message with respect to third parties
Thus, the User undertakes in particular to ensure that the Ad does not contain:
- no false, misleading or deceptive information or information of a nature to mislead the Final Customers
- no hypertext link redirecting the Final Customers in particular towards Internet sites operated by any third party with the exception of the User concerned or Henri SELMER Paris
- any defamatory mention or of a nature to harm the interests and/or the image of Henri SELMER Paris or any third party
- no content infringing the intellectual property rights of third parties
- no content of a promotional or advertising nature in connection with any activity of the User that is not related to Henri SELMER Paris Products
10.2 The User undertakes to offer in the Ad only available Products that it has at its disposal.
The User undertakes, in the event of unavailability of the Product, following its sale to a Final Customer for example or to another customer, to proceed to the withdrawal of the Ad from the Henri SELMER Paris Service without delay, by sending an e-mail to communication@selmer.fr and by connecting to the "Ad" section of his reseller account, then by clicking on "Delete" the Ad that has become irrelevant.
The User undertakes to meticulously check and test each Product advertised by a professional in order to ensure that it is in working order. In this respect, the User declares that this control of the Products will be carried out by him prior to the publication of any Ad, by the User's staff in charge of the repair and maintenance of musical instruments under the status of Authorized Retailer.
It is hereby specified in this respect that the said User's staff shall at all times, and at the first request of Henri Selmer Paris:
justify at any time during the five year course of study during which the staff will have graduated from a school of repair/maintenance of wind/wooden instruments and acquired repair experience in or for a store selling wind/wooden instruments; or,
have five years of documented repair experience in or for a woodwind/woodwind instrument retail store; or,
have completed and attested to five years of apprenticeship training in one or more recognized woodwind/woodwind instrument manufacturing or retail store facilities.
10.4 In the event of the conclusion of a direct sale of a Product presented on the Platform between a Final Customer and an User, the User undertakes to offer the Final Customer, in addition to the mandatory legal guarantee, a commercial guarantee against any lack of conformity for at least six months including the benefit of an after-sales service (repair / maintenance relating solely to functionality, excluding any aesthetic defect in the case of used Products) in connection with its Point of sale. In the event of implementation of this warranty by the Final Customer, the User shall ensure, at its expense, the repair or replacement of the Product by an equivalent Product or the return of the Product, with the express exclusion of the payment of any damages.
This commercial guarantee may be expressly excluded in the event that it appears that the Products have not been handled and/or stored and/or used under normal conditions or in the event of negligence or fault on the part of the Final Customer or any third party. It is also excluded in the event of normal wear and tear of the Product (taking into account that the Products are used goods), accident or force majeure.
If it is Henri SELMER Paris that acts as User, with regard to its own Products offered via the Platform, it is Henri SELMER Paris that will offer to the Final Customer this commercial guarantee and the associated after-sales service, in addition to the only mandatory legal guarantee, as specified in its General Terms and Conditions of Sale available here.
10.5 The User declares and acknowledges that it is solely responsible for the content of the Ads that it publishes and makes available to Final Customers, as well as for any document or information that it transmits to Final Customers.
10.6 The User assumes full editorial responsibility for the content of the Ads it publishes.
Consequently, the User relieves Henri SELMER Paris of all responsibility, guarantees it against any recourse or action in relation to the Ad which could be brought against it by any third party, and will bear all damages as well as the costs and expenses to which it could be condemned or which would be envisaged against it by a transactional agreement signed by the latter with this third party, notwithstanding any damages that Henri SELMER Paris could claim on account of the harmful facts of the User.
By posting any Ad, each User acknowledges and accepts that Henri SELMER Paris may delete, or refuse, at any time, without indemnity, an Ad which would be contrary to French law, the GTU and/or likely to infringe the rights of third parties.
10.7 Any Ad is published, from the day of its deposit on the Platform and for a maximum duration of 90 calendar days. After this initial 90-day period, the User is solely responsible for the deletion of his Ad. Failing this, Henri SELMER Paris may delete the said Ad without notice and will note a breach by the User of its obligations under these GCU.
10.8 The User also undertakes to ensure that his User Form does not contain:
- no false and/or misleading mandatory information
- no information infringing the rights of a third party
- no photograph for which it does not hold the intellectual property rights, (ii) in which persons other than itself are visible unless these persons have given their consent for the publication of these photographs, (iii) in which personal data are visible or (iv) which are or are likely to be considered contrary to morality or public order
In this context, the User declares and acknowledges that he is solely responsible for the information provided during the creation of his reseller account and/or his User Form.
By creating a reseller account, each User acknowledges and agrees that Henri SELMER Paris may delete, at any time, without compensation, an account that would be contrary to French law and/or the present GTU.
Article 11. Claims - User service
11.1 The complaints concerning the Platform and/or the Services are addressed to the User service of Henri SELMER Paris, reachable from Monday to Friday (except non-working days) between 10 a.m. and 5 p.m. by e-mail at the following address: rewind@selmer.fr
11.2 With regard to what is indicated in articles 7 and 12, the complaints concerning the Products are addressed directly to the User by the Final Customer.
11.2.1 The Final Customer declares in this respect that he/she is informed that the User is solely responsible for processing his/her claim, for the after-sales service of the Products presented on the Platform, and more generally for any legal and/or commercial guarantee attached to the Products sold to the Final Customers.
11.2.2 However, Henri SELMER Paris may intervene, in the event that the Final Customer encounters a difficulty with an User with respect to any question or claim concerning the Products, the implementation of the guarantees offered by the Sellers, the right of withdrawal, delivery etc., in the event that the Final Customer is not satisfied with the Products. In such a case, the user service of Henri SELMER Paris, reachable from Monday to Friday (excluding non-working days) between 10 am and 5 pm by e-mail at the following address: rewind@selmer.fr, will make its best efforts to relay the question(s) or complaint(s) of the Final Customer(s) to the User(s) concerned and to liaise between them. However, the Final Customers acknowledge and accept that the customer service of the Users is provided by the Users themselves with respect to their Products and not by Henri SELMER Paris, which only has a role of transmission of information.
Article 12 – Limitation of liability of Henri SELMER Paris
12.1 Hosting provider In its capacity as a hosting provider, Henri SELMER Paris is subject to a regime of mitigated liability provided for in Articles 6.I.2. and following of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. Henri SELMER Paris can therefore in no way be held responsible for the content of the Ads published by the Users as well as the messages and content exchanged between them and gives no guarantee, express or implicit, in this respect.
12.2 Platform and Services: While Henri SELMER Paris undertakes to implement all necessary means to ensure the best possible provision of the Service to users, Henri SELMER Paris declines all responsibility in case of:
- interruptions, breakdowns, modifications and malfunction of the Platform and/or Services, whatever the medium of communication used and whatever the origin and the source
- the loss of data or information stored by Henri SELMER Paris. It is incumbent on Users to take all necessary precautions to keep the Ads they publish via the Platform,
- temporary impossibility of access to the Platform due to technical problems, whatever the origin and provenance,
- direct or indirect damage caused to any User, whatever its nature, resulting from the content of the Ads and/or access, management, use, operation, malfunction and/or interruption of the Platform and/or Services,
- abnormal use or illicit exploitation of the Platform and/or Services by any User,
- computer attack or hacking, deprivation, suppression or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet network.
In addition, Henri SELMER Paris reserves the right to occasionally suspend or limit access to the Services and to the Platform in order to carry out repairs, maintenance operations, and/or to add and/or upgrade a feature.
Henri SELMER Paris can only be held liable for direct damages suffered by the User resulting from a breach of its contractual obligations as defined herein.
Any User therefore waives the right to claim compensation from Henri SELMER Paris for any reason whatsoever, for indirect damages such as loss of profit, loss of opportunity, commercial or financial loss, increase in overheads or losses originating from or resulting from the execution of the present GTU.
Any User is then solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result. The User also renounces the right to exercise any recourse against Henri SELMER Paris in the case of legal action taken by a third party against him/her due to the illicit use and/or exploitation of the Platform and/or the Services, in the case of loss by a User of his/her password or in the case of usurpation of his/her identity.
12.3 Products :
As indicated above in Article 7, Henri SELMER Paris is a third party to the potential commercial and contractual relations between the Users and the Final Customers in connection with an Ad, and therefore excludes any liability in this respect.
Henri SELMER Paris does not provide any direct payment service on the Platform between Users and Final Customers.
Henri SELMER Paris cannot be held liable for the said sale to which Henri SELMER Paris is a stranger, even in the event of failure by Henri SELMER Paris to meet its obligations under Article 11.2.2. Insofar as it is the User who fills in the Product Sheet, User Form and the information concerning the mode and price of delivery, Henri SELMER Paris cannot in any case be held responsible for the description of the Product, the User or the modes and delivery times filled in, the possible commercial guarantee granted by the User or the Products themselves, their availability and their conformity.
12.4 Limitation of liability :
If Henri SELMER Paris undertakes to implement all necessary means to ensure the best possible provision of the Service to users, Henri SELMER Paris declines all responsibility in case of:
- interruptions, breakdowns, modifications and malfunctions of the Platform and/or Services, regardless of the communication medium used and regardless of the origin and source thereof,
- the loss of data or information stored by Henri SELMER Paris. It is incumbent on Users to take all necessary precautions to keep the Ads they publish via the Platform,
- temporary inability to access the Platform due to technical problems, regardless of its origin and provenance,
- direct or indirect damage caused to any User, regardless of its nature, resulting from the content of the Ads and/or access, management, use, operation, malfunction and/or interruption of the Platform and/or Services,
- abnormal use or illicit exploitation of the Platform and/or Services by any User,
- computer attack or hacking, deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet network.
Henri SELMER Paris can only be held liable for direct damages suffered by the User resulting from a breach of its contractual obligations as defined herein. /p>
Any User therefore waives the right to claim compensation from Henri SELMER Paris for any reason whatsoever, for indirect damages such as loss of profit, loss of opportunity, commercial or financial loss, increase in overheads or losses originating from or resulting from the execution of the present GTU.
Any User is then solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result. The User also renounces the right to exercise any recourse against Henri SELMER Paris in the case of legal action taken by a third party against him/her due to the illicit use and/or exploitation of the Platform and/or the Services, in the case of loss by a User of his/her password or in the case of usurpation of his/her identity.
Article 13 – Personal data and cookies
The personal data of the Final Customer are processed by Henri SELMER Paris and some are transferred to the Users. Moreover, Henri SELMER Paris uses cookies. The policies on personal data and cookies are detailed in the documents « Privacy Policy » et « Cookies »
Article 14 – Applicable law and dispute resolution
14.1 The present GTU are subject to French law.
14.2 In the event of a dispute relating to the formation, conclusion, execution, interpretation or validity of the GTU or to the relationship with Henri SELMER Paris, the User and Henri SELMER Paris will, as a matter of priority, take the necessary steps to reach an amicable resolution of their dispute.
End Customers : The Final Customer is informed that it may in any event have recourse to conventional mediation, to the existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute. In this case, the appointed mediator is :
Centre de Médiation et d'Arbitrage de Paris (CMAP)
39 avenue F.D Roosevelt
http://www.mediateur-conso.cmap.fr/
The Client is also informed that he may also resort to the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm
All the litigations which would not have been the subject of an amicable settlement between the Final Customer and Henri SELMER Paris or by mediation, will be subjected to the Courts of competent jurisdiction under the conditions of common law.
Users Any dispute that may arise between Henri SELMER Paris and an User concerning the existence, interpretation or execution of the GTU shall be subject to the exclusive jurisdiction of the Courts of Paris, notwithstanding plurality of defendants or warranty claims, including for summary proceedings or upon request.