These Terms and Conditions of Sale shall apply to any kind of online business relationships between LA MALLE AUX ACCORDEONS, 5 RUE FREDERIC PEYSSON, 34000 MONTPELLIER, FRANCE (hereinafter referred to as “La Malle aux Accordéons” or "the Website") and the customer (hereinafter referred to as “the Customer”, “They” or “Their”), be them a business or a consumer.
1.1 - Products and product descriptions (e.g. images, features, content) displayed in the online store are subject to change/modification/removal without notice and cannot form the basis of legally binding offers; instead, they merely serve to provide a non-binding online catalog of the range of products offered for sale. The order summary, which displays all products and/or services included in the shopping cart, as well as any option selected, remains fully modifiable and non binding until the order is placed.
1.2 – The order is deemed to have been placed when the order is submitted via our online checkout process. By clicking ‘Buy’ or 'Purchase', and by confirming that They have read and agreed to these Terms of Conditions, the Customer makes a legally binding commitment to purchase any good or service displayed in the shopping cart. The Customer shall receive an order confirmation by email, which contains details of the order and a copy of these Terms and Conditions, shortly after the order has been placed, thereby signifying the entering into effect of the sales contract.
1.3 – La Malle aux Accordéons reserves the right to cancel an order if the goods or services are not available, even where a contractual transaction has been concluded. In such a case, the Customer shall be notified and any payment made reimbursed without delay. Further claims are excluded. La Malle aux Accordéons also reserves the right to cancel or refuse to accept an order, as well as to delete and/or disable a Customer account, where an order appears abnormal, fraudulent or submitted in bad faith, or where a payment incident or an earlier dispute remains unresolved.
1.4 – La Malle aux Accordéons shall retain full ownership of the items purchased by the user until the Customer has fulfilled all of Their obligations and paid Their bill in full.
2.1 – All prices displayed on the Website are quoted by default in Euros and include VAT at the current rate. Any applicable charges for packaging and shipping are calculated automatically at check out, based on the total price of the order.
2.2 – Any new product ordered to be shipped outside of the EU isn't subject to VAT, in which case the latter is automatically excluded from the final price upon entering the relevant shipping information at checkout.
2.3 – Any product ordered to be shipped outside of the EU requires that the Customer complies as an importer with the import requirements that are in effect in the country of delivery. As such, the Customer is solely responsible for the payment of customs duties, local taxes and/or customs clearance fees that may be due. For such matters, we recommend that You contact the relevant authorities from the country of delivery.
3.1 – Products can be shipped worldwide to the shipping address specified by the Customer at checkout. Delivery times are based on the shipping option / third party carrier selected at checkout and can be viewed by visiting the relevant carrier's website.
3.2 – Where an order containing several products involves multiple order lead times and/or transit times, delivery time shall be based on the product with the most remote delivery time. Should La Malle aux Accordéons decide to dispatch the order in multiple deliveries, processing and shipping fees shall not be affected and shall only be charged for one delivery.
3.3 – The Customer shall refuse to accept the delivery and not sign for it where there are any clearly identifiable transportation damage caused to the product. The risk of accidental loss or damage to the purchased products will be passed to the Customer once They (or any third party designated to this end) physically take possession of the products ordered.
3.4 – The Customer must comply with all the requirements imposed by local Customs authorities in relation to Their order (including identification, registration and payment). For such matters, we recommend that the Customer contacts the relevant authorities from the country of delivery.
4.1 – The Customer is entitled to cancel Their order by way of notification within 14 days after the day the product was delivered, without the need to provide any reason nor pay any penalty. Once the Customer has notified Their willingness to cancel Their order, They are granted another 14 days to ship the order back, and at Their own expense, to La Malle aux Accordéons.
4.2 – Where the right of withdrawal is exercised within the time limit referred to in 4.1, only the price of the product(s) purchased and original shipping costs will be refunded. The return shipping costs shall be borne by the Customer.
4.3 – Products must be returned entirely and in their original condition (eg. packaging, accessories, manual). In case of deterioration, the Customer shall be liable for any diminished value incurred as a result of the products being used in a way that is not deemed necessary in order to verify the condition, features and functioning of the products.
4.4 – In the event that the Customer complies with the return procedure referred to in 4.3, reimbursement shall take place within 14 days after the day the product was delivered to La Malle aux Accordéons.
4.5 – This right of withdrawal shall not apply in the case of special orders or made-to-order products specifically manufactured on the basis of Customer request or specifications, or products which have substantially been tailored to personal requirements, nor in the case of sealed audio/video recordings or computer software where the seal has been removed following delivery, nor in the case of products sold to businesses.
5.1 – Regardless of any commercial guarantee that may otherwise be granted to the Customer, La Malle aux Accordéons remains liable for lack of conformity pursuant to Art. L217-3 to L217-4 of the French Consumer Code. In the case of a product found faulty due to a material deficiency or a manufacturing error, the Customer may submit a warranty claim for a repair/replacement (Art. L217-9) within two years after the date of delivery (Art. L. 217-12. ).
5.2 – Where it is explicitly stated that the warranty is extended to more than 2 years, the customer may also submit a warranty claim during that extended time period, should the product be found faulty due to a material deficiency or a manufacturing error.
5.3 – Damage caused by negligent or improper use, improper installation or use of unsuitable accessories or changes made to the original components by the Customer - or a third party that is not affiliated with La Malle aux Accordéons - are not covered by this warranty. Signs of wear and tear from normal use are also excluded.
6.1 – These Terms and Conditions shall be governed and construed in accordance with French law. By agreeing to these Terms and Conditions when placing Their order, the Customer agrees to submit to the exclusive jurisdiction of the courts of France.
6.2 – La Malle aux Accordéons does not warrant that products for sale on the Website are appropriate or available for use outside of France. The Customer is solely responsible for compliance with local laws. Accessing the Website from territories where its contents are illegal or unlawful is prohibited and shall be done at the Customer's own risk.
7.1 – The Customer may not assign, sub-license or otherwise transfer any of Their rights set out in these terms and conditions. The contract formed pursuant to these Terms and Conditions is nontransferable, and only the original parties to them may seek enforcement thereof.
7.2 – If any provision of these Terms and Conditions is found to be invalid by any competent and relevant court, such invalidity shall not affect the validity of the remaining provisions. All other provisions shall continue to have full force and effect.
7.3 – Before placing Their order, the Customer declares that They have read and accepted these Terms and Conditions. Placing an order therefore constitutes acceptance of these Terms and Conditions.