General Terms and Conditions of Sale
These general terms and conditions of sale are concluded between:
HONEY INSTRUMENTS
HONEYINSTRUMENTS, 9 Chem. des Presses, Le Mosaïque, 06800 Cagnes-sur-Mer (FR)
Social capital 1000€, SIRET 819 608 035 00021, RCS ANTIBES, APE 4741Z
Intra-Community VAT: FR23819608035
Hereinafter referred to as "The Seller"
ON THE ONE HAND,
and:
Any person wishing to make a purchase via the Seller's website, at the address www.honeyinstruments.com,
Hereinafter referred to as "The Client"
ON THE OTHER HAND.
1. Purpose and Scope
These general terms and conditions of sale (GTC) constitute the basis of the commercial negotiation and are systematically sent or handed to each buyer to allow them to place an order.
Any acceptance of the quote/order form, including the clause "I acknowledge having read and accept the attached general terms and conditions of sale" implies the unconditional acceptance of the buyer to these general terms and conditions of sale.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. However, it is agreed that the terms applicable to the Client will be those in effect on the date of their order on the Site.
2. Prices
The prices of the goods sold are those in effect on the day of the order. They are quoted in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate and transport fees on the day of the order.
Customs duties or other local taxes or import duties or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities.
The company HONEY INSTRUMENTS reserves the right to modify its prices at any time. However, it commits to invoicing the ordered goods at the prices indicated when the order is registered.
The indicated prices include the order processing fees.
The applicable transport and delivery fees are those indicated on the Site at the time of the order.
The order can be paid for by the following means:
In any case, if the payment for the order has not reached the Seller within 15 days from the order, it will be canceled. An invoice showing the VAT will be sent by the Seller to the Client upon simple request from the latter to the Seller.
3. Order Process
The Client wishing to place an order on the Seller's Site must:
The Client is responsible for ensuring the accuracy of the information provided, for which they are solely responsible.
The Seller will promptly communicate to the Client by email the confirmation of the registered order.
All provided data and the recorded confirmation serve as proof of the transaction.
The Seller will archive the orders and order confirmations on a reliable and durable medium, constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code.
The Client will have access to all their orders and invoices as follows: by consulting the "Orders" section in their "client area".
The Seller's computerized records will be considered by the Parties as proof of communications, orders, payments, and transactions between the Parties.
It is specified that the Seller has subscribed to a distance selling contract with its banking institution. The banking transaction is secure and, in no case, does the Seller retain any banking information about the Client.
It is specified that the Seller reserves the right to refuse an order that is considered abnormal, in terms of the quantities ordered, particularly in the context of promotional offers.
4. Delivery
4.1 Delivery Methods in Metropolitan France
Deliveries are made to the address indicated by the Client for this purpose when ordering, and once payment is made. Delivery is under FCA Freight Incoterms® 2020. The delivery will be carried out by Chronopost.
4.2 Delivery Times
The maximum delivery time for a product from the order is indicated prior to the validation of the order.
In the case of a grouped purchase of several products, the delivery time applicable to the entire order corresponds to the longest time indicated for any of these products.
If the delivery deadline exceeds seven days and is not due to a case of force majeure, the Client may cancel their order by registered letter with a request for acknowledgment of receipt, within a period of sixty working days from the date indicated for delivery.
The cancellation of the order will be effective upon receipt by the Seller of the email in which the Client informs them of their decision, if delivery has not occurred between the sending and the receipt of this email.
The Seller will proceed to refund, within a maximum of thirty days from the date on which the Client informed the Seller of the cancellation of the order, using the same payment method that the Client used for the initial transaction, unless the Client expressly consents to a different method proposed by the Seller.
4.3 Delivery Charges
Delivery charges for products are calculated based on the weight of the package. These are indicated prior to the validation of the order.
4.4 Deliveries within the European Union
For countries in the EU zone, the price indicated upon confirmation of the order is final, expressed in euros, including all taxes of the destination country.
This price also includes the cost of products, handling, packaging, and transport costs.
4.5 Claims regarding delivery
In the event of a claim regarding the delivery of the product, the Client agrees to inform the Seller as soon as possible at the following address: contact@honeyinstruments.com
5. Unavailability of Products
5. Unavailability of Products
In the event of unavailability of the ordered product in stock, the Seller will inform the Client as soon as possible, and the Client may either wait for the replenishment of the product in question or cancel their order. The cancellation will result in the immediate refund of the Client, and in this case, the Seller will not be liable for any delays or failure to deliver.
6. Warranty
In the event of the purchase of a defective product or a non-conforming product, the Client must inform the Seller as soon as possible at the following address: contact@honeyinstruments.com
The Seller guarantees the quality of the products offered for sale in accordance with the applicable legal provisions. In the event of a product defect, the Client will have the right to return the product to the Seller within 14 days of the product's receipt, with a refund for the price of the product upon receipt of the product by the Seller.
7. Right of Withdrawal
The Client has a period of 14 days from the date of receipt of the products ordered to exercise their right of withdrawal without having to justify their decision. The Client must notify the Seller of their decision to withdraw by sending a letter or email to the Seller. The Client will then return the product to the Seller, at their expense, in its original condition and packaging.
In the case of exercising the right of withdrawal, the Seller will reimburse the Client the amount of the order within 14 days following the return of the product.
8. Personal Data Protection
The Seller collects personal data to process the orders placed. In accordance with the law of January 6, 1978, the Client has the right to access, modify, and delete their personal data. They can exercise this right by contacting the Seller at contact@honeyinstruments.com.
9. Force Majeure
The Seller cannot be held liable for any failure or delay in the performance of the obligations herein if such failure or delay is due to a case of force majeure.
10. Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the parties agree to seek an amicable resolution before taking any legal action. If no agreement is reached, the competent courts of Paris will have jurisdiction.
By confirming the order, the Client acknowledges having read and accepted these General Terms and Conditions of Sale.
10. Right of Withdrawal
Any Client, considered a consumer within the meaning of the Consumer Code, ordering on the Seller's Site for non-professional needs, benefits from a withdrawal period of 30 days from the delivery of the order to return the product to the Seller for exchange or refund, without penalties except for the return shipping costs.
The Client acknowledges and accepts that they bear all return shipping costs in the event of exercising their right of withdrawal.
The return must be made after prior contact with the Seller, to the following address: HONEYINSTRUMENTS, 9 Chem. des Presses, Le Mosaïque, 06800 Cagnes-sur-Mer (FR)
The product must be returned in its original packaging and condition, new, accompanied by any possible accessories and documentation. The product(s) must be in perfect resale condition.
Subject to the perfect condition of the returned product, the refund will be ensured by the Seller within a maximum of thirty days from the date on which the Client exercised their right of withdrawal. However, the Seller reserves the right to defer the refund until receipt of the items concerned by the return.
The Seller will proceed with the refund using the same payment method that the Client used for the initial transaction, unless the Client expressly consents to a different method proposed by the Seller.
11. Waiver and Tolerance
It is formally agreed between the contracting parties that any tolerance or waiver by either Party in the application of all or part of the obligations provided herein, regardless of its frequency and duration, shall not constitute a modification of these terms nor generate any rights.
More specifically, no delay or inaction, abstention, or omission by the Seller in exercising any of their rights under these terms shall affect those rights, nor shall it be considered as implying a waiver of those rights by the Seller.
12. Entirety
These general terms express the entirety of the parties' obligations. No indication or document can create obligations under these terms unless it is the subject of an amendment signed by both parties. No correspondence prior to the signing of these terms can create obligations under said contract.
13. Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute arising between the parties due to the execution or interpretation of these terms, the parties agree that any claim will first be subject to a prior formal notice sent by registered mail with acknowledgment of receipt. Any party may subsequently, after a period of ten days following the sending of the aforementioned letter, initiate any necessary proceedings.
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