General conditions of sale and use of the Des sons & Des sens website

Date posted: 05/30/2021 .

 

  This merchant site Des sons & Des sens is accessible online freely and free of charge by any Internet user at the address  www.dsonsdsens.com  (the “Site”).

 

The purpose of the Site is to offer music lessons, music therapy sessions, and subscription, without obligation, on a monthly basis, to boxes of educational musical items, musical items and craftsmen Made in France, as well as the sale of educational documents and articles around perinatality/parenthood (hereinafter referred to as the "Products" of the "E-shop Muzika Rakonto" section of Des sons & Des sens).  

 

The Site is published by the company Des sons & Des sens, a micro-enterprise started on 08/01/2018 by Lucile Jourdain-Cuzenard, under the number 834 519 977, and having its registered office located at 508 Grande rue, Ouroux 69860 DEUX GROSNES (hereinafter referred to as “Sounds & Senses”).

 

 

ARTICLE 1 – OBJECT – GENERAL STIPULATIONS

 

These general conditions of sale and use of the Site (hereinafter the "GTC") are applicable to the sale of Products on Subscription (the "Subscriptions" and the sale of Products without Subscription by Des sons & Des sens on the Site to buyers who are consumers (hereinafter the "Customers").

 

These GCS constitute with the online order the contractual documents opposable to the Parties during any order of Products with Subscription and/or purchase of a Product without Subscription, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the present, and to the exclusion of all other documents, such as in particular prospectuses, catalogs or photographs of the Products which have only an indicative value.

 

The T&Cs are applicable to Products with a subscribed Subscription and to Non-Subscription Products delivered to consumers established in France and/or in the territory of the European Union.

 

The GCS are written as well as all the contractual information mentioned on the Site in French.


The T&Cs are made available to Customers and any Internet user on the Site, where they can be consulted directly. They can also be communicated on request by telephone, e-mail and/or post.


By using the Site and placing an order for Products with Subscription and/or a Product without Subscription (hereinafter the "Order"), the Customer, by ticking a box provided for this purpose, acknowledges having read and accepted the these T&Cs. In addition, by placing an Order under these GCS, the Customer certifies that he is a consumer. The validation of the Order implies full and unreserved acceptance by the Customer of the GCS in force on the day of the Order.

 

The validation of the Order by its confirmation is worth full and whole adhesion by the Customer to the GCS in force on the day of the order whose conservation and reproduction are ensured by Des sons & Des sens in accordance with article 1127-2 of the civil code (former C. civ., art. 1369-6).

 

Des sons & Des sens reserves the right to modify its T&Cs at any time.

 

In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy dated to date of which can be given to the Customer at his request.


If part of the T&Cs should prove to be illegal, invalid or unenforceable, for any reason whatsoever, the stipulations in question would be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.

 

The fact that Des sons & Des sens does not avail itself at a given time of any of the stipulations of these GCS cannot be interpreted as a waiver of its right to invoke them later.

 

 

ARTICLE 2 - PRODUCTS

 

2.1     Terms of Subscription to the Box sending service

 

The Des sons & Des sens box shipment service ("Box") consists of the shipment on a monthly basis of a box set of educational musical items as well as the sale of educational documents and Made in France craftsmen to intended for children aged less than birth to eleven (11) years and articles around perinatality/parenthood (maternity boxes, single products).

 

Subscription to the Box sending service offered by Des sons & Des sens is made via the Site.

 

Payments for Subscriptions are made on a monthly basis according to the conditions of article 5.

 

Sets of musical cards and educational booklets are included in each box to inform and support parents/professionals in the use of the equipment in each Box.

 

The different Boxes corresponding to the different ages and prices of Subscriptions are indicated on the Site. Subscriptions are non-binding and may be terminated at any time under the conditions of article 6.3.

 

For the sake of proper administration of the subscription by a Customer to a Subscription to the Box sending service, the Customer must complete a form including his personal data according to the conditions of article 8 hereof.

 

2.2     Characteristics

 

The Products offered for sale and/or forming part of the Boxes subject to Subscriptions on the Site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.

 

The photographs illustrating the Products are only indicative and do not enter into the contractual field. If they were incorrect, Des sons & Des sens cannot be held liable. Every effort is made to reproduce the colors and other characteristics of the Products on the Site as faithfully as possible. Variations may nevertheless occur, in particular due to the technical limitations of the color rendering of computer equipment. Consequently, Des sons & Des sens cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.

 

2.3     Availablity

 

The Products offered for sale without a Subscription or as a Subscription by Des sons & Des sens are valid as long as they are presented on the Site, and within the limits of available stocks.

 

The indications on the availability of the Products are provided at the time of placing the Order. In the event that a Product is unavailable after the Order has been placed, the Customer will be informed by e-mail, telephone or by post as soon as possible.

 

In the event that the unavailability of a Product is noted after the validation of the Order, the Customer will have the possibility of canceling his Order by requesting either the reimbursement of the sums paid within thirty (30) days at the latest after their direct debit, or the exchange of the unavailable Product(s) where possible, by e-mail addressed to Des sons & Des sens.

 

Des sons & Des sens does not incur any liability in the event of out of stock or unavailability of the Products, unless the non-performance of the contract is personally attributable to it.

 

2.4     Compliance

 

The Products comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market, and in particular the requirements of French law in force at time of their placing on the market.

 

 

ARTICLE 3 – PRICE

 

3.1     Selling price

 

The prices of the Products and Subscriptions are indicated in Euros, all taxes included, excluding participation in the processing and shipping costs mentioned before validation of the Order and invoiced in addition. The amount owed by the Customer is indicated on the Order confirmation page.

 

The prices will therefore be increased by any other tax and/or transport, shipping and delivery costs applicable on the day of the date of acceptance of the Order. All taxes, duties, duties or other Products to be paid in application of French law or that of an importing or transit country are the responsibility of the Customer.

 

The prices may be modified in the event of a legislative and/or regulatory change likely to lead to price variations such as: introduction of new taxes, modification of an existing tax, etc.

  

The selling price of Products and Subscriptions is that in force at the time of validation of the Order.

 

All orders are payable in euros.

 

3.2     Amendment

 

Des sons & Des sens reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of the validation of the Order.

 

3.3     Costs

 

The additional costs, in particular processing of the Order, transport, delivery or postage, of which the Customer was able to become aware before the Order, are fixed on the order form.

 

 

ARTICLE 4 – OFFER

 

4.1     Domain

 

The online sales offers presented on the Site are reserved for Customers residing in France or in a member country of the European Union and for deliveries in these same geographical areas.

 

4.2     Duration

 

The online sales offers presented on the Site are valid, in the absence of indication of a particular duration, as long as the Products and Subscriptions offered appear in the electronic catalog and within the limits of available stocks.

 

4.3     Acceptance

 

The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the Order.

 

 

ARTICLE 5 – ORDER - SUBSCRIPTION

 

5.1     Conclusion of the sales or subscription contract

 

5.1.1   Monthly Subscription Terms

 

The subscription to the Monthly Subscription subscribes the Customer (“the Subscriber”) to the monthly sending service of a Box until a Party decides to terminate this contract. By accepting this offer, the Customer accepts a monthly direct debit of an amount defined during the initial Order. Thus, as long as the Subscription continues, the Customer will be deducted from the sum defined automatically  at the beginning of each month, and the Box will be shipped between the 15th and 25th day of the following month.

 

Note that for the initial Order, if the Customer places his Order between the 21st day and the 25th day of the month, the first Box will be shipped from the following month, between the 15th and the 25th day of the following month. If the Order is placed before the 20th day (inclusive) of the current month, the Box will be shipped during this month, before the 25th day of the said month.

 

The Subscriber may terminate his monthly Subscription at any time in accordance with the terms provided for in Article 6.3 below.

 

5.1.2   Sale of Products excluding Box Subscription and conditions

 

Concerning the sale of Products without Subscription, the Customer, to place an order, and after having filled his virtual basket by indicating the Products and the quantities desired, must click on the "Order" button and provide the information relating to the delivery and the method of payment.

 

All orders can be made between the 1st and 25th day of the month. They will be processed at the monthly closing of the online store (known as the "Muzika Rakonto e-shop" of Des sons & Des sens), then shipped at the beginning of the following month.

 

5.1.3 General provisions

 

To finalize his Order, the Customer must identify himself by entering his e-mail address and password.

 

The first Order requires the creation of an account under the terms of article 8 herein.

 

Before confirming his Order, the Customer will have the opportunity to check the details of his Order and its total price, as well as to return to the previous pages to correct any errors or possibly modify his Order.

 

The acceptance of the offer by the Customer is validated by the confirmation of the Order, entails acceptance of the GCS, and forms a contract between Des sons & Des sens and the Customer.

 

An e-mail acknowledging receipt of the Order and its payment is sent by Des sons & Des sens as soon as possible.

 

5.2     Modification of the Order

 

Any modification of the Order by the Customer after confirmation of his Order is subject to the express written acceptance of Des sons & Des sens.

 

5.3     Confirmation of the order

 

The Order is deemed validated once the payment has been accepted and received by Des sons & Des sens.

 

 

ARTICLE 6 – VALIDATION OF THE CGV

 

6.1     Conclusion

 

The contract is formed when the Customer sends the confirmation of his Order for Products with Subscription or Products without Subscription.

 

6.2     Archiving and proof

 

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code (former C. civ., art. 1348). These communications, purchase orders and invoices can be produced as proof of the contract.

 

Unless proven otherwise, the data recorded by Des sons & Des sens constitutes proof of all transactions between Des sons & Des sens and its Customers.

 

6.3     Cancellation of Subscription

 

Customers can unsubscribe at any time. The Customer may at any time put an end to his monthly Subscription on his "my account" space.

 

If the termination occurs after the direct debit made at the beginning of each month, the Order is deemed to have been concluded for the month concerned, the Customer may not demand the cancellation of this Order by citing his request for termination. The unsubscription is taken into account for the following month.

 

Unsubscribing may also result from the decision of Des sons & Des sens in accordance with the procedures set out in article 6.4.2 below.

 

6.4     Resolution

 

6.4.1   The Order may be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

 

-     delivery of a Product that does not conform to the declared characteristics of the Product; Where

-     delivery exceeding the deadline fixed in the order form or, in the absence of such a date, within thirty days following the conclusion of the contract, after Des sons & Des sens has been ordered, according to the same methods and without result , to make the delivery within a reasonable additional time;

 

6.4.2   The Product Sale Order may be resolved by Des sons & Des sens in the event of:

 

-     refusal by the Customer to take delivery;

-     non-payment of the price (or the balance of the price) at the time of delivery.

 

In the event of a payment incident for the Subscription for any given month, the Customer will have a period of thirty (30) days from the date of payment refused in order to regularize the terms of payment. The Customer's Subscription will in this case be suspended and if payment for the current quarter is not made within the said thirty (30) day period, Des sons & Des sens may immediately terminate the Customer's Subscription. without the Customer being able to claim any compensation for any reason whatsoever.

 

 

ARTICLE 7 - PAYMENT OF ORDERS

 

7.1     Payability

 

The amount due is due when the Order is placed. Orders will only be validated after receipt and validation of payment. Payment for purchases is made on the Site, by Bank Card (Carte Bleue, Visa, Eurocard/Mastercard).

 

7.2     Secure payment

 

The Site is subject to a PAYPAL secure payment system in order to guarantee the security and confidentiality of the personal and in particular banking information of the Customers.

 

Des sons & Des sens uses the services of the PAYPAL payment service provider. The general conditions of use of the payment service provider chosen by Des sons & Des sens are available by clicking on  

 

7.3     Retention of title

 

The Products remain the exclusive property of Des sons & Des sens until full payment of the price.

 

7.4     Late payment

 

Any sum not paid on the due date is productive, after formal notice, of interest at the legal rate.

 

 

ARTICLE 8 – USE OF THE SITE

 

8.1     Access to the Site

 

Subject to compliance with the terms and conditions of these T&Cs, any Internet user may freely and free of charge access the Site.

 

8.2     Creation of a personal account

 

To confirm his Order, the Customer must connect to his personal account.

 

The first Order requires the creation of a personal account with a username and password.

 

The Customer must, for the creation of his account, provide all the mandatory information required in the form made available to him, the list of this information being defined in accordance with the personal data protection policy of Des sons  & Des sens, said list may be modified by Des sons & Des sens to ensure the best functioning of the Site. The fact that the Customer does not provide mandatory information will prevent the creation of his personal account.

 

The Customer must in particular indicate the information necessary for his identification and in particular his name, first name, postal address and the creation of a password.

 

The Customer undertakes to provide only accurate information and to update it regularly.

 

The Customer undertakes to define a strong password for access to his account and to guarantee its confidentiality. If the confidentiality of the Customer's password is compromised, the latter undertakes to inform the best Sounds & Senses so that a new password is issued. The Client remains responsible for the use of his personal account until he has informed Des sons & Des sens of the risk of compromising confidentiality.

 

Access to the Customer's personal account is strictly personal and non-transferable. As such, any use of the Customer's username and password on the Site constitutes a presumption of the Customer's connection to the Site. The Customer is thus solely responsible for the use of his username and password, information that may be transmitted by the Site as well as any use of the Site.

 

Des sons & Des sens reserves the right to suspend or close unilaterally, without notice or compensation, the personal account of a Customer if the latter provides erroneous, misleading or fraudulent information.

 

All Customers retain the option of deleting their account at any time in accordance with the terms defined by Des sons & Des sens.

 

 

ARTICLE 9 – DELIVERY

 

9.1     Definition

 

Delivery means the transfer to the Customer or the recipient of the Order of possession of the Product.

 

9.2     Delivery time

 

Concerning non-subscription Products, Des sons & Des sens undertakes either to make them downloadable in PDF directly on the Site without the need for material and physical delivery of the Products, or to ship them in physical form by beginning of the following month once all orders have been processed. The conditions will be notified in the order space.

 

Regarding Products with Subscription, Boxes are shipped between the 15th and 25th day of the month at the latest.

 

9.3     Late delivery

 

When the Product ordered or the Box is not delivered on the date or at the end of the period mentioned on the order form, the Customer may, after having unsuccessfully ordered Des sons & Des sens to perform its obligation delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.

 

9.4     Place of delivery of Products with Subscription or without subscription

 

The Products are delivered, at the Customer's choice when placing the Order, to the nearest relay point to the delivery address indicated by the Customer via MONDIAL RELAY or directly to the address indicated by the Customer on the order form by colissimo or by post.

Customers closest to the Espace musical Des sons & Des sens also have the option of picking up their parcels at Des sons & Des sens, once the notification of withdrawal by email has been received.

 

9.5     Terms of delivery of Products with Subscription or without subscription

 

The delivery is made by the direct delivery of the Product to the Customer or, failing that, by the sending by Des sons & Des sens of a notice of availability to the Customer.

 

Within fifteen (15) days from the notice of availability, the Customer must collect the Product ordered.

 

In the absence of withdrawal within the period indicated, Des sons & Des sens may, after a formal notice to the Customer, which has had no effect, proceed with the withdrawal, automatically cancel the Order and retain the deposit as compensation paid.

 

When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the Product delivered and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the Product and notify Des sons & Des sens.

 

9.6     Product Compliance

 

If the Product does not comply with the Order, the Customer must send a complaint to Des sons & Des sens in order to obtain the replacement of the Product or possibly the cancellation of the sale.

 

9.7     Unavailability of Products

 

In the event of unavailability of the Products on delivery, Des sons & Des sens may offer, under the conditions hereof, an equivalent Product in terms of quality and price.

 

9.8     Failure to deliver

 

The total failure to deliver entails the automatic resolution of the sales contract.

 

9.9     Delivery and transfer of risk

 

The risk of loss or damage to the Products is transferred to the Customer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature.

 

The Product, which is delivered to the Customer by a carrier chosen by Des sons & Des sens, travels at the risk and peril of Des sons & Des sens.

 

The Product, which is delivered to the Customer by a carrier chosen by him, travels at the Customer's risk and peril from the time the goods are handed over to the carrier.

 

9.10   Transfer of ownership

 

From the delivery date indicated in the order form, and subject to the terms of article 7.3 hereof, ownership of the Product is transferred to the Customer.

 

 

ARTICLE 10 - LEGAL GUARANTEES

 

It is understood that all Products sold by Des sons & Des sens benefit from the legal guarantee of conformity (as defined in articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (as as defined in articles 1641 to 1649 of the Civil Code), allowing the Customer to return free of charge the Products delivered which are defective or non-compliant.

 

10.1   Legal guarantee of conformity

 

The French Consumer Code provides the following in terms of the legal guarantee of conformity:

 

Article L.217-4 of the Consumer Code:

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

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

Article L217-5 of the Consumer Code:

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »

 

Article L217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

 

If the Customer wishes to implement the legal guarantee of non-conformity, the Customer must contact Little Montessori directly:

-     Within two (2) years from the delivery of the property to act;

-     can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

-     is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

 

 

10.2   Warranty against hidden defects

 

The French Civil Code provides for the guarantee of defects against latent defects in the following terms:

 

Article 1641 of the Civil Code:

"The seller is bound by the guarantee on account of the 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 I would have paid a lesser price for them, if he had known them. »

 

Article 1648 paragraph 1 of the Civil Code:

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

 

The Customer may 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, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

 

10.3   Disclaimer of Warranties

 

In particular, the Products modified, repaired, integrated and/or added by the Customer are excluded from the warranty. The warranty does not cover Products damaged due to misuse.

 

10.4   Consequence of the implementation of legal guarantees

 

Within the framework of the legal guarantee of conformity and the legal guarantee against hidden defects, and in the event of a return of the non-compliant/defective Product, Des sons & Des sens undertakes in agreement with the Customer, after evaluation of the defect, to:  

 

-     Replace the Product with an identical Product depending on available stocks; and, in case of unavailability of stock,

-     Reimburse the full price, by crediting the Customer's bank account, no later than fourteen (14) days following receipt of the returned Product if replacement proves impossible;

-     Reimburse part of the price of the Product in the event that the Customer decides to keep the Product.

 

 

ARTICLE 11 - RESPONSIBILITY

 

11.1   Capacity

 

The Customer, prior to his Order, declares to have full legal capacity, allowing him to engage under these GCS. Des sons & Des sens cannot under any circumstances be required to verify the legal capacity of its visitors and Customers.

 

11.2   Product Compliance

 

The Products offered comply with the French legislation in force. Des sons & Des sens cannot be held liable in the event of non-compliance with the legislation of the Customer's country, which is responsible for verifying that the Product is not prohibited for sale in his country.

 

11.3   Information and description of the Products

 

Des sons & Des sens is committed to a duty of fair information and brings the greatest care and the greatest accuracy to the posting of information, to the descriptions of the articles and to the data available on the Site as well as to their regular update.

 

11.4   Limitation of Liability

 

Des sons & Des sens cannot be held responsible for:

 

-     interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;

-     the impossibility of the Customer to temporarily access the Site, due to facts beyond his control, such as: cases of computer failure, interruptions of the telephone network, the Internet network, failure of the reception equipment of the said network internet, etc

 

Des sons & Des sens does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.

 

The Customer remains the sole judge of the appropriate nature and adapted to his needs and consumption of the items he orders.

 

Des sons & Des sens cannot be held liable for the use of Products with Subscription or without subscription that do not comply with their intended purpose and that are contrary to the rules of use specified in the user guide and the safety instructions.

 

Des sons & Des sens cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure. .

 

Without limiting the scope of the other stipulations of the GCS, the responsibility of Des sons & Des sens can only be retained in the event of proven fault attributable to it. In any case, it will be limited to direct damages only.

 

11.5   Operation of the Site  

 

Des sons & Des sens reserves the right to suspend operation of the Site.

 

11.6   Product safety defect – Disclaimer of Des sons & Des sens

 

In the event of damage caused by a Product safety defect, the Customer must seek the liability of the manufacturer or supplier identifiable from the information mentioned on the Product packaging.

 

It is understood that this is  Educational musical products, musical items, perinatal/parenting and for the former must be used only under the supervision of a trained adult. Subscription and Box Products may also contain plastic packaging which should be removed and kept away from children.

 

Des sons & Des sens cannot be held liable for any misuse or use that does not comply with the rules of safety and use of the Products sold and/or supplied as Box Subscriptions.

 

 

ARTICLE 12 – CANCELLATION CLAUSE

 

The resolution of the Order in the cases provided for in these GCS will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be automatically acquired without legal formality.

 

 

ARTICLE 13 – RIGHT AND PERIOD OF WITHDRAWAL

 

13.1   Conditions and deadline for exercising the legal right of withdrawal

 

In accordance with the provisions of Articles L.221-5 and L. 221-18, L.121-21 et seq. of the Consumer Code, the Customer has a right of withdrawal which he may exercise, within fourteen (14) days from receipt of the Products by the Customer or by any third party designated by him. It is understood concerning Subscriptions that the right of withdrawal is exercised from the receipt of the Products of the first Box ordered. However, it is recalled that the Customer may terminate his Subscription at any time under the conditions of article 6.3 hereof.

 

13.2   Products excluded from the legal right of withdrawal

 

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Orders relating in particular to the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned. for reasons of hygiene or health protection, and on the supply of Products made according to the Customer's specifications or clearly personalized.

 

13.3   Consequences of exercising the legal right of withdrawal

 

If the Products may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund of the returned Products as well as the delivery costs of the Order.

 

13.4   Costs

 

In accordance with article L221-23 of the Consumer Code, the costs of returning the Products will remain the responsibility of the Customer except in the event of lack of conformity of the Products delivered with respect to the Order (in which case these return costs will be responsible for Des sons & Des sens). In the event of a Box return, all of the Products with Subscription making up the Box must be returned.

 

13.5     Modalities for exercising the right of withdrawal

 

The Customer must inform Des sons & Des sens of his wish to withdraw within fourteen (14) days of receipt of the Product(s), by notifying Des sons & Des sens of his decision to withdraw by means of a declaration without ambiguity by indicating their name, address, telephone number and email address.

 

In this case, the Customer may in particular use the model withdrawal form in the appendix to these GCS and send it:

-     By mail to the following address: 508 Grande rue, Ouroux  69860 TWO GROSNES, France, or,

-     by email at the following address: dsonsdsens@gmail.com

 

The Customer must return the Products concerned by post within fourteen (14) days following his notification of withdrawal.

 

If the withdrawal occurs before receipt of the Order by the Customer and if however the Order is in transit, the Customer is informed that it may be technically difficult for Des sons & Des sens to block the shipment of the Products as soon as when the Order has been validated and paid for. The Order will then be sent to the Customer, who undertakes to refuse the package or to return the Products concerned according to the deadlines indicated above.

 

13.6   General provisions applicable to the return of Products

 

The Products must be returned to Des sons & Des sens in a condition suitable for resale (Sealed Products, unused, and in perfect condition, accompanied by their original packaging or, in packaging conferring equivalent protection for the said items during their return transport, accessories, instructions if applicable, etc.).

 

Returns of Products returned beyond the deadlines defined above may be refused. The Products must also be accompanied by the Order number, shown either on the return form communicated by Des sons & Des sens (the "Return Form"), sent with the Products delivered signed by the Customer, or on the form of withdrawal or on any other document expressing his unambiguous desire to withdraw. The use of the Return Form facilitates the processing of the return by Des sons & Des sens as soon as possible.

 

The Customer's liability may be incurred in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Products.

 

13.7   Return by parcel or mail

 

The Customer who wishes to exercise his legal right of withdrawal by returning a Product by post/parcel must follow the following instructions: 

-     Use the original packaging to return the affected Product(s).

-     Send the package or mail by Tracked or Registered Letter with Notice of Receipt to the following address:

 

     508 Grande rue, Ouroux 69860 DEUX GROSNES, France

 

Des sons & Des sens does not accept parcels or letters sent postage due.

 

If the Customer is unable to provide proof that he has actually ensured the deposit of the Product with a carrier, any risk related to the return of a Product is the responsibility of the Customer.

 

13.8   Model withdrawal form

 

The model withdrawal form is at the bottom of the document.

 

 

ARTICLE 14 – INTELLECTUAL PROPERTY

The trademark "Muzika Rakonto par Des sons & Des sens" and any other distinctive sign, corporate name, drawings, samples, brochures, documents and other similar materials provided by Des sons & Des sens are its property and may only be used with its prior written consent, and in any event, subject to applicable laws.

 

These General Terms and Conditions of Sale shall not have the effect of conferring any right on the Customer to the intellectual property rights of Des sons & Des sens.

The Customer undertakes not to reproduce, represent, adapt and/or modify, in any way whatsoever, the distinctive signs of Des sons & Des sens, in particular its trademark, trade name or logo (hereinafter referred to as "the Distinctive Signs”) except with the express, written and prior authorization of Des sons & Des sens.

When the latter authorizes the Customer to use the Distinctive Signs, Des sons & Des sens remains the owner of these intellectual property rights and the Customer undertakes to do so in compliance with moral rights and within the strict limits of the project for which this authorization has been granted and without creating the appearance of any affiliation with the Société Des sons & Des sens or any other company.

If an action is brought by a third party against the Customer for counterfeiting of the Distinctive Signs which are the subject of this authorization of use, the Customer must inform Des sons & Des sens without delay. 

The elements reproduced on this Site, and in particular photographs, visuals, texts, drawings and images, which are the exclusive property of Des sons & Des sens, are protected by intellectual property rights.

 

Any reproduction and any distribution of these Distinctive Signs, and other elements mentioned in this clause, without the prior written authorization of Des sons & Des sens, expose the offenders to legal proceedings.

 

ARTICLE 15 - PERSONAL DATA

 

Information relating to the Order, including certain personal data of the Customer are subject to automated data processing, according to the terms and conditions set out in the personal data protection policy of Des sons & Des sens , and in accordance with the laws and regulations in force relating to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “General Data Protection Regulation”) or “GDPR”).

 

It is expressly stipulated that this personal data protection policy is an integral part of these T&Cs.

 

 

ARTICLE 16 – MEDIATION

 

In the event of a dispute, the Customer must first contact Des sons & Des sens.

 

ARTICLE 17 - APPLICABLE LAW AND DISPUTES

 

17.1   Applicable right

 

These general conditions of sale and the contractual relationship between Des sons & Des sens and the Customer are subject to French law.

 

17.2   Disputes

 

In the event of a dispute relating to the existence, interpretation, conclusion, execution or termination of the contract, an amicable solution will be sought before any legal action. In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant, or, at the choice of the plaintiff, of the place of actual delivery of the Product(s).

 

| MODEL WITHDRAWAL FORM |

 

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

 

For the attention of Des sons & Des sens, 508 Grande rue, Ouroux 69860 DEUX GROSNES, France,

 

 

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

 

Ordered on (*)/received on (*):

 

Name of consumer(s): ____________

 

Address of consumer(s): ____________

 

Signature of the consumer(s) (only in case of notification of this form on paper): ____________

 

Date:____________

 

(*) Strike out the useless mention.