Terms of Sales

SELLER’S IDENTITY

• Company name: SEVEN Audio (the “Seller”)
• Legal form: SARL (French limited company)
• Share capital: 11,700 euros
• Head office: 7 rue Joseph Bonnet 33100 BORDEAUX
• Contact information: +33(0)5 56 40 19 50, seven@neodio.fr
• Registered on the French Companies and Trade Register: RCS of Bordeaux under number 438 573 875
• VAT number: FR57438573875
• Internet site (the “Site”): www.neodio.fr
• Site hosted by:  OVH, 2 rue Kellermann – 59100 Roubaix – France
• Director of publication: Stéphane Even
• Contact form: www.neodio.fr/contact

FIELD OF APPLICATION

These general terms of sale (hereafter the “GTS”) are applicable to all sales transactions carried out between the Seller and customers on the Site. The customer declares that they have the authority and capacity to carry out a transaction and to acquire the products offered on the site. The customer accepts that information requested, with a view to entering into a contract and sent in the course of its execution, will be sent electronically. The GTS are accessible on the Seller’s Site; they may be modified by the Seller at any time, without prior notice, and any such changes will then apply to all subsequent orders. The applicable GTS are those in force on the date that the order is placed.

ORDERS

The basic characteristics of the products are presented on the Site. The Seller may update or improve product specifications, or withdraw products from sale at any time. Offers of products are valid if they are visible on the Site, subject to available stock. Any abnormal order, or order placed in bad faith, any fraud or attempted fraud, and any incident relating to payment of an order may result in the removal and/or deactivation of the account of the customer concerned and/or the cancellation of the order.

The various steps to follow in order to enter into a contract by electronic means are the following:

• Selection of products in the shopping cart
• Creation of a customer account
• Submission of the order
• Identification via the customer account
• Checking of the order and correction of errors if necessary
• Confirmation of the order
• Acceptance of the GTS
• Payment of the order

Contractual information is confirmed by the sending of an automatically generated email to the email address indicated during the creation of the customer account. This process enables the user, prior to the finalization of the contract, to check the information provided, and to correct any possible errors relating to the shopping cart, the billing and delivery addresses, and the order, prior to payment. The language for the contract and its execution is French. The professional and commercial regulations with which the author undertakes to comply can be consulted at https://www.neodio.fr/transport-et-retour/

PRICES

The products are sold at the prices that are displayed on the Site at the time of the reception of the order by the Seller.  Prices are indicated in euros, including taxes, excluding delivery costs. Delivery costs are calculated automatically for each order and shown on the order summary prior to payment. Any order delivered outside Metropolitan France may be subject to local taxes, customs duties, taxes applicable in French overseas territories, and fees for customs clearance at the time of delivery. These must be paid by the customer and are entirely their responsibility. The products remain the Seller’s property until full payment of the sale price and associated costs.

PAYMENT

The price is payable in cash, in full, on the day that the order is placed. The accepted means of payment are credit card (VISA, CB, Mastercard) and bank transfer. A payment made to the Seller may not under any circumstances be considered to be a deposit. With a view to preventing fraud, the Seller may ask the customer to provide supporting documents; if such documents are not received or found to be non-compliant, the order may be cancelled and the account frozen.

DELIVERY

Any delivery restrictions will be indicated at the latest at the beginning of the order process. It is the customer’s responsibility to inform themselves via their local authorities of any possible restrictions relating to the importing or use of the products or services that they intend to order. The Seller will deliver the goods or provide the service on the date or within the period indicated to the customer, unless the parties agree otherwise. In the absence of indication or agreement regarding the date of delivery or provision of the service, the Seller undertakes to deliver the goods or provide the service within a reasonable period, and no later than thirty days after the agreement of the contract. Delivery means the transfer to the customer of the physical possession or control of the goods in question. In the event that the item is unavailable or that the Seller fails to carry out their delivery obligation, the customer will be able to obtain a refund of the price of the product in accordance with the terms stipulated in article L216-2 and following of the French Consumer Code. Note that the risk of any loss or damage to the goods is transferred to the customer from the time that the latter or a third party designated by them, other than the carrier proposed by the Seller, takes physical possession of the goods. The customer is advised to refuse delivery if the package or product is damaged, if items are missing, or if the package has been opened or repackaged; alternatively, the customer is recommended to make precise, detailed, written reservations on the carrier’s delivery form, in the presence of the latter or of its employees, and to send the carrier a registered letter repeating these reservations, in the 3 days following the delivery, in order to maintain the right to take action against the carrier. In all cases, it is the customer’s responsibility to immediately contact the Seller.

RIGHT TO WITHDRAW

The withdrawal period – in accordance with the provisions of Articles L221-18 and following of the French Consumer Code, the customer has the right to a withdrawal period of 14 days from the day on which the purchaser, or a third party other than the carrier, designated by them, takes physical possession of the property. For orders of several items delivered separately, the withdrawal period runs from the day on which the purchaser, or a third party other than the carrier and designated by them, takes physical possession of the last item.

Notification of withdrawal – to exercise the right of withdrawal, the customer must notify the Seller of their decision to withdraw via a totally unambiguous declaration; a standard form is available for this purpose in the appendix.

Return of products –  the customer has a period of 14 days from the date of notification of withdrawal to return the goods to the Seller at the customer’s expense, to the address indicated. The customer may be held liable in the event of any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and correct functioning of these goods. The returned items must be in perfect condition and in their original packaging, which must not be used, torn, damaged, or soiled in any way, and IN PERFECT CONDITION FOR RESALE. We can only accept returned products that are returned in their entirety (including accessories, labels, manuals, covers, etc.). Furthermore, the product will not be returned to stock and refunded unless the latter can be resold as “new” without additional charges being incurred. If this is not the case, then the product will either remain available for the “Buyer” to collect from our premises for a period of three months, or will be the subject of a partial refund (a deduction for depreciation being applied).

Refund – the Seller will refund all payments received, including delivery costs, with the exception of additional costs that may have arisen from the customer choosing a delivery method other than the less expensive delivery method proposed by the Seller at the time of ordering. The Seller will make the refund within 14 days of the notification of withdrawal by using the same means of payment as the one used for the original transaction, unless expressly agreed otherwise with the customer. The Seller may delay the refund until the goods have been received or until receipt of proof of shipment of the goods, the date of the first of these to occur being applicable.

Exclusions – the right to withdraw is excluded for the products and services listed in article L.221-28 of the French Consumer Code.

SELLER’S COMMERCIAL GUARANTEE

Any product supplied by the Seller that presents a proven manufacturing defect may be exchanged for an equivalent new product if the customer makes the request within 24 hours of receiving their Order.

LEGAL JURISDICTION

In the event of a dispute or disagreement over the interpretation of this contract, only the Commercial Court of BORDEAUX will be competent even in the case of multiple respondents or third-party claims or proceedings. The Seller reserves the right to initiate proceedings in the territorially competent court for the Buyer’s location. The present contract is governed by French law. It is expressly stipulated that the Vienna Agreement on the international allocation of goods does not apply here.

LEGAL GUARANTEES

The Seller’s commercial guarantee is not an obstacle to benefiting from the legal guarantee against hidden defects in products sold and the legal guarantee against defects in compliance of goods with the contract, in accordance with provisions of articles 1641 to 1648 and 2232 of the French Civil Code.

Legal Guarantee of Compliance

Article L211-4 of the French Consumer Code:  The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

The Seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if they were responsible for the latter, or had it carried out under their responsibility.

Article L211-5 of the French Consumer Code: To conform to the contract, the product must:

• Be suitable for the purpose usually associated with such a product and, if applicable: – correspond to the description given by the Seller and have the features that the Seller presented to the buyer in the form of a sample or model; – have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or their representative, including advertising and labelling;
• Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Seller and which the latter agreed to.

Article L211-7 of the French Consumer Code: In the absence of proof to the contrary, any lack of conformity appearing within twenty-four months of delivery of the product is presumed to have existed at the time of delivery. For goods sold secondhand, this period is reduced to six months. The seller may refute this presumption if it is incompatible with the nature of the product or the non-conformity invoked.

Article L211-9 of the French Consumer Code: In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The Seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option, given the value of the product or the seriousness of the defect. The Seller is then required to proceed with the option not chosen by the buyer, unless this proves impossible.

Article L211-10 of the French Consumer Code: If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. The same option is available:

• If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making their claim;
• Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and the intended use. However, the sale may not not be cancelled if the lack of conformity is minor.

Article L211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.

Article L211-16 of the French Consumer Code: When the buyer asks the Seller to carry out repairs covered by the commercial guarantee, that was granted at the time of the acquisition or repair of a moveable item, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. Said period shall run from the time when the buyer requests assistance, or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.

Legal guarantee against hidden defects in products sold

Article 1641 of the Civil Code: The Seller is bound to a guarantee against hidden defects in products sold that render them unfit for their intended use, or that so impair their use that the buyer would not have bought them, or would have paid a lower price for them if they had known of the defects.

Article 1644 of the Civil Code: Under Articles 1641 and 1643, the buyer has the choice either to return the product and receive a refund, or to keep the product and have a part of the price refunded.

Article 1648 first para of the Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

DATA PROTECTION

The Seller collects customers’ personal information. This main purpose of this information is for operations relating to customer management, the seeking of new customers, the preparation of sales figures, the management of applications for rights of access, rectification and opposition, the management of outstanding payments and litigation, the management of promotional operations, and the management of opinions. This data may be communicated to the Seller’s partners responsible for the execution, processing, management and payment of orders. This data may be used for the sending of information and promotional offers from the Seller, from which the customer may unsubscribe at any time. In accordance with the provisions of the French Data Protection Law of 6 January 1978 (as amended by the law of 6 August 2004 relating to the protection of natural persons with regard to the processing of personal data), the customer has the right to access, rectify and oppose any personal data that has been collected. These rights may be exercised by sending a letter to: SEVEN Audio, 7 rue Joseph Bonnet 33100 BORDEAUX.

WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)

The Seller will take back, or organize the taking back at their cost, of waste electrical and electronic equipment which the consumer wishes to dispose of, provided it was originally purchased from the Seller. For this purpose, contact the seller. The customer is informed of the obligation not to add WEEE to household waste (and that collection systems are available), and of the potential effects of the dangerous substances present in WEEE on the environment and human health. The customer is informed of the cost added to units to cover the removal of historical WEEE through eco-contributions.

DIGITAL RECORDS AND PROOF

The Seller’s digital records will be considered by the parties as proof of communications, orders, payments and transactions that have occurred between the parties, unless there is proof to the contrary. The Seller will keep records of purchase orders and invoices on its servers (a copy can be provided on request, subject to payment of the reproduction costs).

APPLICABLE LAW AND DISPUTES

French law is applicable without disregarding the application of consumers’ statutory rights, or more protective mandatory law, by a foreign judge to whom a customer in the corresponding country has referred.

In the event of a dispute, the customer is informed that they may resort to conventional mediation or any other alternative means of settling disputes. The consumer is also informed of the existence of the European Commission’s online platform whose purpose is to record complaints relating to online purchases made by European consumers and to send cases received to the appropriate national mediators: http://ec.europa.eu/consumers/odr/.

Form for withdrawal notification

(Please only complete and return this form if you wish to withdraw from the contract)

For the attention of: SEVEN Audio, 7 rue Joseph Bonnet 33100 BORDEAUX.

I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the item listed below.

Customer no.:

Order no.:

Ordered on*/Received on*:

Name/First name:

Address:

Signature

Date

*Delete as appropriate