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General Conditions Sale

ARTICLE 1 - Scope



These general conditions of sale (the "GCS") apply, without restriction or reservation, to all sales concluded by Henri Selmer Paris, a simplified joint stock company identified in the Paris Trade and Companies Register under no. 572018281, whose registered office is located at 59 rue Marcadet in Paris (75018), (hereinafter "the Vendor") with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Vendor on the https://www.selmer.fr (hereinafter the "Site").


The Products offered for sale on the Site are:

  • mouthpieces for saxophones and clarinets (the "Mouthpieces"), and,
  • the used instruments presented by the Seller on the Platform www.selmer.fr/rewind (the "Used Instruments")

The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are presented on the Site, which the Customer is required to read before ordering.


The choice and purchase of a Product is the sole responsibility of the Customer.


Offers of Products are understood to be within the limits of available stocks, as specified at the time the order is placed.


These GCS are accessible at any time on the Site and will prevail over any other document.


The Customer declares that he has read and accepted these GCS by ticking the box provided for this purpose before implementing the Site's online ordering procedure in the case of Mouthpieces, on the one hand, or by accessing the Platform in order to then order Used Instruments, on the other hand.


In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.


The contact details of the Seller's customer service department are as follows:


HENRI SELMER PARIS, SAS


59, rue Marcadet 75018 Paris


E-mail : info@selmer.fr


Telephone : +33 1 49 23 87 40


The Mouthpieces presented on the Site are offered for sale only for the following territories: Belgium, Cyprus, Estonia, Finland, France (including Corsica and DROM-COM), Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Slovenia, Slovakia.


This restriction does not apply to Used Instruments, except for the USA.



ARTICLE 2 - Price



The Products are supplied at the prices in force on the Site on the day the order is placed by the Customer.


The price of Products for which delivery is made in metropolitan France and within the Euro Zone is expressed in Euros, all taxes included, excluding processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.


When the delivery is made in DROM-COM and outside the Euro Zone, the price of the Products is expressed in Euros excluding taxes, excluding processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.


The prices take into account any discounts that may be granted by the Seller on the Site.


These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.


The payment requested from the Customer corresponds to the total amount of the Products purchased, increased by the aforementioned delivery costs.


An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.



ARTICLE 3 – Orders and user account



It is up to the Customer to select on the Site the Product(s) he wishes to order, according to the following terms and conditions:


With regard to Mouthpieces:


The Customer chooses a Product that he puts in his basket, which he can delete or modify before validating his order and accepting the GCS. He will then enter his details (delivery address, billing address, e-mail address, telephone) and will proceed to payment. A confirmation e-mail will be sent to him automatically.


The offers of Products are valid as long as they are visible on the Site, within the limit of available stocks.


The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.


Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Vendor.


The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.


The Customer will be able to follow the progress of his order on the Site in his user account ("my orders" section).


REGISTRATION


Before placing an order, you can create an account by filling out the form below.


At the end of the registration procedure, the Seller will send you an email.


You agree to provide accurate, complete and up-to-date information. You are the only one authorized to use your login and password and you agree to take all necessary measures to maintain this confidentiality.


In particular, you agree to notify the Seller of any unauthorized use of your account, your password or any breach of security of your account by email to the following address: info@selmer.fr.


You are responsible for the use of the Site that is made under its password until you have changed it via your account.


You may close your account at any time by sending an email to the Seller at the following address: info@selmer.fr.


Closure of your account for any reason terminates your contractual relationship with the Seller.


In any event, your contractual relationship with the Seller will terminate in case of inactivity of your account for a period of two (2) months.


PLACING AN ORDER


To place an order for Products on the Site you must:


  • select the desired Product, which is listed in the "Shopping Cart" in the upper right-hand corner,
  • take note of your right of withdrawal in accordance with Article 7 of the GCS,
  • validate the Product(s) and click on the button "Validate and pay the order",
  • tick the box confirming the order and accept the "Terms and Conditions of Sale" without reservation and in their entirety by ticking the box "I have read the General Conditions of Sale and I accept them in their entirety",
  • fill in the delivery address, and, if different, the billing address,
  • validate the method of payment by credit card (Visa, Mastercard),
  • make payment by clicking on the tab "Order with obligation to pay",
  • confirm the order and payment.

Up to the "Payment" step, you can modify your order by clicking on the "Shopping Cart" icon in the top right corner.


Definitive acceptance is therefore made by confirming the entry of bank details (credit card number, expiry date and cryptogram).

Regarding Used Instruments:


The Customer identifies a Used Instrument on the Platform. He can then contact Henri SELMER Paris at the following coordinates to obtain more information and place an order if necessary::


By telephone at: 0033 (0) 1 49 23 87 40


By e-mail to the following address: rewind@selmer.fr


The Customer may also request an appointment at the Seller's Showroom located at 59 rue Marcadet, 75018, Paris, in order to be presented with the Used Instrument before any order, within the limit of its availability. The Seller will make its best efforts to schedule an appointment as soon as possible.


Product offers are valid as long as they are visible on the Platform, within the limit of available stocks.


Any order placed according to the above terms and conditions constitutes the formation of a contract concluded at a distance between the Customer and the Seller, with the exception of sales concluded directly at the Showroom, for which the withdrawal period provided for herein shall not apply.


The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.


An e-mail shall be sent to the Customer by the Seller informing the Customer that the Order has been taken into account.

ARTICLE 4 - Conditions of payment



The price is paid by secure payment by credit card (Visa, Mastercard).


The price is payable cash by the Customer, in full on the day the order is placed.


Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider for banking transactions carried out on the Site.


Payments made by the Customer shall not be considered final until the Seller has effectively collected the sums due.


The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price in accordance with the above conditions.

Regarding Second-Hand Instruments:

The payment of the order (price and delivery costs) can be made, at the choice of the Customer:

  •  By bank transfer: contact details are as follows:
    • IBAN : FR76 3000 4008 1100 0101 4782 780
    • BIC : BNPAFRPPXXX
    • HENRI SELMER PARIS
  • By phone, by credit card: credit card, Visa, Mastercard
  • By internet, by credit card: credit card, Visa, Mastercard
  • Directly at Henri SELMER Paris Showroom, by prior appointment as indicated in article 3, and only by credit card. It is hereby specified that in the latter case the right of withdrawal of article 7 will not apply.


ARTICLE 5 - Delivery



The Mouthpieces ordered by the Customer may be delivered, at the Customer's choice, in one of the following countries: Belgium, Cyprus, Estonia, Finland, France (including Corsica and DROM-COM), Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Slovenia, Slovakia. This restriction does not apply to Used Instruments, except for the USA.


After processing of the order in the workshops, deliveries of the Mouthpieces are made within an average period of 7 days to the address indicated by the Customer when ordering on the Site.


After processing of the order in the workshops, deliveries of Used Instruments take place within an average period of 30 days at the address indicated by the Customer during the validation of his order by the Seller.


Delivery is the transfer of physical possession or control of the Product to the Customer. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.


The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.


If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.


Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.


The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer has itself chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.



ARTICLE 6 - Transfer of ownership



Ownership of the Seller's Products shall be transferred to the Customer only after full payment of the price by the Customer, regardless of the date of delivery of said Products.



ARTICLE 7 - Right of Withdrawal



According to the provisions of article L. 221-18 of the Consumer Code:


« Le consommateur dispose d'un délai de quatorze jours pour exercer son droit de rétractation d'un contrat conclu à distance, à la suite d'un démarchage téléphonique ou hors établissement, sans avoir à motiver sa décision ni à supporter d'autres coûts que ceux prévus aux articles L. 221-23 à L. 221-25.


The time limit referred to in the first paragraph shall run from the day of:


1° The conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;


2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order relating to several goods delivered separately or in the case of an order for goods consisting of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last part.


For contracts providing for the regular delivery of goods over a defined period of time, the period runs from the receipt of the first good. »


The right of withdrawal may be exercised online, using the withdrawal form in Annex 1 hereof, or through any other declaration, unambiguous, expressing the willingness to withdraw and in particular by mail addressed to the Seller at the postal or electronic coordinates indicated in Article 1 of the GCS.


Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to remarket them in new condition, accompanied by the purchase invoice.


Damaged, soiled or incomplete Products are not taken back.


The costs of return are at the expense of the Customer.


The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this Article.


ARTICLE 8 - Seller's Liability - Warranties



The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for Products that are defective, damaged or not corresponding to the order,
  • the legal guarantee against latent defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.

The Customer has a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity.


In this case, it may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.


The Customer is exempted from providing proof of the existence of the Product's lack of conformity during the twenty-four (24) months following the delivery of the Product in the case of Mouthpieces, this exemption period being limited to six (6) months in the case of Used Instruments.


He can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.


In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or mail), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.


Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.


Refunds, replacements or repairs of non-conforming or defective Products shall be made as soon as possible and no later than 30 days following the Seller's discovery of the lack of conformity or latent defect. This reimbursement may be made by bank transfer or cheque.


The responsibility of the Seller shall not be engaged in the following cases:


  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure,
  • The Seller is only bound by an obligation of means with regard to the operation and continuity of the Site. Consequently, its liability cannot be engaged for any damage resulting from the use of the Site or the Internet network such as loss of data, intrusion, viruses, access speeds to the Site from other Internet sites, opening and consultation speeds of the pages of the Site, external slowdowns, suspension or inaccessibility of the Site, the fraudulent use by third parties of any information made available on the Site, breakdowns and technical problems concerning hardware, programs, software that may, if necessary, lead to the suspension or termination of the Site or if the Site proves incompatible or malfunctions with certain Customer software, configurations, operating systems or equipment, or other problems beyond the Customer's control.
  • The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of the Seller.

The Customer shall be solely responsible for the use it makes of the Site and the Products and shall not hold the Seller liable for any claim and/or proceedings made against it. The Customer undertakes to take personal responsibility for any claim and/or proceedings brought against the Seller relating to its use of the Site and the Products.


One-year commercial warranty and after-sales service for Used Instruments:


With respect to Second-Hand Instruments, the Seller undertakes to offer the Customer, in addition to the mandatory legal warranty detailed above, a commercial warranty against any lack of conformity for a period of one year, including the benefit of an after-sales service (repair / maintenance relating solely to functionality, excluding any aesthetic defect in the case of Used Products).


If the Customer implements this warranty, the Seller shall, at its expense and at its option, repair or replace the Product with an equivalent Product (if possible, in the case of one-time used Products) or take back the Product, to the express exclusion of the payment of any damages..


This commercial guarantee will 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 Customer or any third party. It is also excluded in the event of normal wear and tear of the Product (in particular, in the case of Used Products: defects in varnish, scratches, dents, deteriorated coating, wood splits, etc.), accident or force majeure.



ARTICLE 9 - Personal data



The Customer is informed that the collection of its personal data is necessary for the sale of the Products by the Seller and their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the performance of the sales contract.


The Customer is also informed that the collection of his personal data is also necessary for the execution of the contract (in case of return or complaint for example).



9.1 Personal data collection


The personal data collected on the Site https://www.selmer.fr are as follows :


Product Order:


Surname, first names, postal address, telephone number and e-mail address.


Payment :


As part of the payment for the Products offered on the Site, the Site records financial data relating to the bank account or credit card of the Customer/user.


9.2 Recipients of personal data


Personal data are used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.


The category of co-contractor is "transport service provider".


9.3 Data Controller and Data Protection Officer


The data controller is the Seller, within the meaning of the French Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.


The Data Protection Officer is:


  • • Monsieur Hamid Louaked dpo@selmer.fr Henri Selmer Paris 572018281 59, rue Marcadet paris 75018

9.4 Processing limitation


Henri SELMER Paris will be able to address to the customer communications on its products or its current events. At any time, the customer can unsubscribe by clicking on the link provided for this purpose appearing on the message or by writing to info@selmer.fr(copie dpo@selmer.fr) by specifying the e-mail address concerned.


9.5 Data retention period


The Seller shall retain the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and Confidentiality


The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and Seller cannot guarantee the security of information transmission or storage over the Internet.


9.7 Implementation of Customer and user rights


In application of the regulations applicable to personal data, Customers and Users of the Site have the following rights:

  • They can update or delete the data concerning them by sending an e-mail to info@selmer.fr with a copy to dpo@selmer.fr .
  • They may delete their account by writing to the e-mail address indicated in Article 9.3 "Data controller"
  • They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller"
  • If the personal data held by the Seller is inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 "Data controller"
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"
  • They may also request the portability of data held by the Seller to another provider.
  • Finally, they may object to the processing of their data by the Seller.

These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.


The data controller must respond within a maximum of one month.


In the event of refusal to grant the Customer's request, reasons must be given for such refusal.


The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.


The Customer may be asked to tick a box under which it agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.



ARTICLE 10 - Intellectual Property



The content of the Site is the property of the Vendor and its partners and is protected by French and international intellectual property laws.


Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.



ARTICLE 11 - Applicable law - Language



The present GCS and the operations resulting from them are governed by and subject to French law.


The present GCS are initially written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.



ARTICLE 12 - Disputes



For any complaint, please contact customer service at the Seller's postal or e-mail address indicated in Article 1 of these GCS.


The Customer is informed that he may in any case have recourse to conventional mediation, to 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/


E-mail : consommation@cmap.fr


The Customer 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 disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the Seller and the Customer, or by mediation, will be submitted to the competent courts under the conditions of common law.



ANNEX I


Withdrawal form


Date ______________________


This form must be completed and returned only if the Customer wishes to withdraw from the order submitted on https://www.selmer.fr, unless the right of withdrawal is excluded or limited in accordance with the applicable General Conditions of Sale.


To the attention of SAS, HENRI SELMER PARIS


59, rue Marcadet 75018 Paris


I hereby give notice of withdrawal from the contract for the good below:


- Order of (indicate date)


- Order number : ...........................................................


- Customer’s name : ...........................................................................


- Customer’s address : .......................................................................


Customer’s signature (only if this form is notified on paper)



ANNEX 2


Applicable texts


- Article L. 217-4 Consumer Code


The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.


He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.


- Article L. 217-5 Consumer Code


The property is in conformity with the contract:


1° If it is fit for the use ordinarily expected of a similar property and, if applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.


- Article L. 217-12 Consumer Code


The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.


- Article L. 217-16 Consumer Code


When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.


- Article 1641 Civil Code


The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.


- Article 1648 alinéa 1er Civil Code


The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.