Our General Conditions of Sale

ARTICLE 1 - Scope of application



These General Terms and Conditions of Sale (the "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products available for sale ("the Products") by the Seller on the https://www.selmer.fr website. The Products available for sale on the website are mouthpieces for saxophones and clarinets.


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 https://www.selmer.fr website, which the Customer must read before submitting an order.


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


Product offers are subject to the availability of stocks, as specified when the order is submitted.


These GTCS are accessible at any time on the https://www.selmer.fr website and shall prevail over any other document.


The Customer declares having read these GTCS and having accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the https://www.selmer.fr website.


Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.


The Seller's contact details are as follows:

HENRI SELMER PARIS, SAS


Share capital of 4264592 euros


Registered with the RCS of Paris, under the number 572018281


59, rue Marcadet 75018 Paris


mail: info@selmer.fr


telephone: +33 1 49 23 87 40


The Products presented on the https://www.selmer.fr website are available for sale in the following territories: Belgium, Cyprus, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Slovenia, Slovakia.


In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.


Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne by and are the sole responsibility of the Customer.



ARTICLE 2 - Prices



The Products are supplied at the current prices as shown on the https://www.selmer.fr website, at the time the order is recorded by the Seller.


The prices are expressed in Euros including all taxes.


The prices take into account any reductions that may be granted by the Seller on the https://www.selmer.fr website.


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.


Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to submitting the order.


The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.


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



ARTICLE 3 – Orders



It is up to the Customer to select on the https://www.selmer.fr website the products it wishes to order, according to the following terms and conditions:


The Customer chooses a product that he puts in its cart, which he can delete or modify before validating its order and accepting the general terms and conditions of sale. The Customer will then enter its contact details (delivery address, billing address, email address, telephone) and then proceed with payment. A confirmation email will be sent to him automatically.


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


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


Any order submitted on the https://www.selmer.fr website constitutes the formation of a contract concluded online between the Customer and the Seller.


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


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



ARTICLE 4 - Conditions of payment



The price is paid by secure payment, by credit card.


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


Payment data are exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the https://www.selmer.fr website.


Payments made by the Customer shall only be considered final after the Seller has received the sums due.


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



ARTICLE 5 - Delivery



The Products ordered by the Customer will be delivered to the following countries: Belgium, Cyprus, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Monaco, Slovenia, Slovakia.


After the order has been processed in the workshops, deliveries are made within an average period of 7 (seven) days to the address indicated by the Customer when submitting an order on the website.


Delivery consists of the transfer to the Customer of physical possession or control of the Product. 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 (thirty) 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 L241-4 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 will have easy access.


The Customer is obliged to check the condition of the products delivered. He has a period of 5 (five) days from delivery to make complaints by e-mail to info@selmer.fr, accompanied by all the relevant documents (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.


The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTCS.


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 chosen the carrier. In this respect, the risks are transferred at the time the goods are handed over to the carrier.



ARTICLE 6 - Transfer of Property



The transfer of property of the Seller's Products to the Customer shall only take place 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 terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise its right to withdraw from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to give reasons for its decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period referred to in the first paragraph shall run from the date of:


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


2° 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 its right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple items or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last good or item or the last part.


In the case of contracts providing for the regular delivery of goods over a defined period, the period shall run from receipt of the first good. »


The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the website or any other statement, unambiguous, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTCS.


Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.


Damaged, soiled or incomplete Products will not be taken back.


The return costs remain at the expense of the Customer.


The exchange (subject to availability) or refund will be made within 14 (fourteen) 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 liabilities - 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 hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal warranties


Article L217-4 of the Consumer Code


« The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at the seller’s expense by the contract or was carried out under the seller’s responsibility. »


Article L217-5 of the Consumer Code


« The good is in conformity with the contract:


1° If it is fit for the use usually expected of a similar good and, where 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 may legitimately expect in the light of public statements made by the seller, by the producer or by its 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 latter. »


Article L217-12 of the Consumer Code


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


Article 1641 of the Civil Code


« The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much 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 paragraph 1 of the Civil Code


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


Article L217-16 of the du Code


« When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be 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. »


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


The Seller shall reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.


Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.


Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and no later than 30 (thirty) days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement may be made by bank transfer or cheque.


The Seller shall not be liable 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 check,
  • 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 photographs and graphics presented on the website are not contractual and shall not engage the Seller's liability.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.



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. These personal data are collected solely for the performance of the contract of sale.


The Customer is furthermore informed that the collection of its personal data is also necessary for the performance of the contract (in the event of a return or complaint, for example).


9.1 Collection of personal data


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


Product order:


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


Payment:


As part of the payment for the Products offered on the https://www.selmer.fr website, the latter 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 providers.


9.3 Data Controller and Data Protection Officer


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


The Data Protection Officer is:


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

9.4 Limitation of treatment


Henri SELMER Paris may send the Customer communications about its products or news. 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 (copy dpo@selmer.fr) specifying the email address concerned.


9.5 Duration of Data storage


The Seller will keep the data thus collected for a period of 5 (five) years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and Privacy


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


9.7 Implementation of Customer and User rights


In application of the regulations applicable to personal data, Customers and users of the https://www.selmer.fr website have the following rights:

En application de la règlementation applicable aux données à caractère personnel, les Clients et utilisateurs du site https://www.selmer.fr/ disposent des droits suivants :

  • 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 to access 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 that the information be updated 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 the data held by the Seller to another service provider.
  • Finally, they can oppose the processing of their data by the Seller.

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


The controller must provide a response within a maximum of one month.


In the event of refusal to comply with the Customer's request, reasons must be given.


The Customer is informed that in the event of refusal, he may 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. It will always have the possibility of withdrawing 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 https://www.selmer.fr/fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.


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



ARTICLE 11 - Applicable Law - Language



These GTCS and the operations arising from them are governed and subject to French law.


These GTCS are 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 - Litigation



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


The Customer is informed that he may in any event 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


Paris Mediation and Arbitration Centre (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 use 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 GTCS 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 in Paris under the conditions of common law.



ANNEXE 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 Terms and 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)