Terms of sale
Terms of Sale (EN)
Applicable from 07/01/2021
ARTICLE 1. PARTIES
These general terms apply between Drumkit-shop, hereinafter "the Publisher", and any natural or legal person, under private or public law, registered on the Website to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any natural or legal person, under private or public law, registered on the Website.
"Website Content": any items published on the Website, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Drumkit-shop, EURL, in its capacity as publisher of the Website.
"User": any natural or legal person, under private or public law, who connects to the Website.
"Product": any goods of any kind sold on the Website by the Publisher to Customers.
"Website": the website available at drumkit-shop.com, as well as its sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE
Access to the Website is free of charge for all Users. Browsing the Website implies acceptance of these general terms by every User. Merely connecting to the Website, by any means whatsoever, in particular through a robot or a browser, constitutes full and complete acceptance of these general terms. When registering on the Website, this acceptance is confirmed by ticking the corresponding box.
The User thereby acknowledges having fully read these terms and accepts them without restriction.
Ticking the above-mentioned box is deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they provide proof to the contrary, waives any right to challenge them in the event of a dispute.
These general terms apply to the relationship between the parties to the exclusion of any other terms, in particular those of the User.
Acceptance of these general terms requires Users to have the necessary legal capacity or, failing that, to have the authorisation of a guardian or curator if they lack capacity, of their legal representative if they are minors, or to hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Website is the sale of Products to Customers.
ARTICLE 5. ORDERING STEPS
5.1. Order
To place an order, Users may select one or more Products and add them to their cart. Product availability is shown on the Website, in the description page of each item. Once their order is complete, they can access their cart by clicking the button provided for this purpose.
5.2. Order validation by the User
When viewing their cart, Users can check the number and nature of the Products they have chosen, as well as their unit price and total price. They can remove one or more Products from their cart.
If they are satisfied with their order, Users can validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Website by completing the registration form with their personal information.
5.3. Payment by the Customer
Once logged in, or after fully completing the registration form, Customers will be asked to check or modify their delivery and billing details, then to make their payment by being redirected to the secure payment interface bearing the words "order with obligation to pay" or any similar wording.
5.4. Order confirmation by the Publisher
Once payment has actually been received by the Publisher, the Publisher undertakes to acknowledge receipt to the Customer electronically within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarising the order and confirming its processing, including all related information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Website on the day of the order. These prices may be changed at any time by the Publisher. Displayed prices are only valid on the day of the order and have no effect for the future.
Prices shown on the Website are in euros, all taxes included.
6.2. Payment methods
The Customer may pay by PayPal, Stripe or Google Pay. Card payments are made through secure transactions.
For card payments, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the banking institution.
6.3. Invoicing
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.
ARTICLE 7. LIABILITY OF THE PUBLISHER
7.1. Nature of the Publisher's obligations
The Publisher undertakes to exercise the necessary care and diligence to supply Products of a quality that complies with the specifications of these General Terms. The Publisher is bound only by an obligation of means with regard to the services covered by these terms.
7.2. Force majeure - Customer fault
The Publisher shall not be liable in the event of force majeure or Customer fault, as defined in this article:
7.2.1. Force majeure
For the purposes of these general terms, force majeure enforceable against the Customer shall mean any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet access provider, failure of transmission networks, collapse of facilities, unlawful or fraudulent use of passwords, codes or references provided to the Customer, hacking, a security breach attributable to the Website's host or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control. In such circumstances, the Publisher shall be released from performing its obligations to the extent of such impediment, limitation or disruption.
7.2.2. Customer fault
For the purposes of these General Terms, Customer fault enforceable against the Customer shall mean any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or their employees, failure to follow the advice given by the Publisher on its Website, any disclosure or unlawful use of the Customer's password, codes and references, as well as providing incorrect information or failing to update such information in their personal account. The use of any technical process, such as robots or automated requests, that would breach the letter or spirit of these general terms of sale shall also be considered Customer fault.
7.3. Technical problems - Hyperlinks
If the Website cannot be accessed due to technical problems of any kind, the Customer may not claim any damage or compensation. The unavailability, even prolonged and without any time limit, of one or more online services shall not constitute a loss for Customers and shall in no way give rise to damages payable by the Publisher.
Hyperlinks on the Website may lead to other websites. The Publisher shall not be liable if the content of those websites breaches applicable legislation. Likewise, the Publisher shall not be liable if a User's visit to one of those websites causes them harm.
Given the current state of technology, the rendering of the Products offered for sale on this Website, particularly in terms of colours or shapes, may vary noticeably from one computer to another or differ from reality depending on the quality of the graphics hardware and screen or the display resolution. Such variations and differences can in no event be attributed to the Publisher, which shall not be held liable on this account.
7.4. Damages payable by the Publisher
Unless otherwise provided by law or regulation, the Publisher's liability is limited to direct, personal and certain loss suffered by the Customer and linked to the failure in question. The Publisher shall in no event be liable for indirect damage such as, in particular, loss of data, commercial loss, loss of orders, damage to brand image, business disruption and loss of profits or customers. Likewise, and within the same limits, the amount of damages payable by the Publisher shall in no event exceed the price of the Product ordered.
7.5. Hyperlinks and Website Content
Website Content is published for information purposes only, without any guarantee of accuracy. The Publisher shall in no event be liable for any omission, inaccuracy or error in this information that causes direct or indirect damage to the User.
ARTICLE 8. FINAL PROVISIONS
8.1. Governing law
These general terms are governed by French law.
8.2. Amendments to these general terms
These general terms may be amended at any time by the Publisher. The general terms applicable to the Customer are those in force on the day of their order or connection to the Website; any new connection to the personal account implies acceptance of any new general terms.
8.3. Entire agreement
The invalidity of any clause of this contract shall not affect the validity of the other clauses or of the contract as a whole, which shall retain their full force and effect. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid one corresponding to the spirit and purpose of these terms.
8.4. No waiver
The Publisher's failure to exercise any of its rights under these terms shall in no way be interpreted as a waiver of those rights.
8.5. Language of these general terms
These general terms are available in French. In case of discrepancy between the French and English versions, the French version prevails.
8.6. Unfair terms
These general terms apply subject to the mandatory provisions of the French Consumer Code concerning unfair terms in contracts between a business and a consumer.