Terms and conditions of sale
Y.Blues Corporation, a non-profit association under the French law of 1 July 1901, registered in the French national register of associations (RNA) under number W381015452. Registered office: 430 rue Haussipied, 38660 Saint-Vincent-de-Mercuze, France. Contact: contact@yblues.com
This English version is provided for information; the French version prevails. ARTICLE 1 – SCOPE These terms and conditions of sale govern the sales made on the online shop of www.yblues.com between the association Y.Blues Corporation, identified above (the "seller"), and any natural person acting as a consumer (the "buyer"). Placing an order means accepting the terms in force on the day of the order, which the buyer accepts by ticking the box shown before the payment. ARTICLE 2 – PRODUCTS The shop offers the band's items: compact discs (CDs), music downloads, clothing (T-shirts) and other items. Their essential features are described on their page; the pictures are as faithful as possible but not contractual. Offers are valid while stocks last, as shown on the item's page. ARTICLE 3 – PRICES Prices are in euros, all taxes included. VAT not applicable, article 293 B of the French General Tax Code. The shipping costs of a shipped item are shown in the cart before the order is confirmed. The applicable price is the one shown when ordering. ARTICLE 4 – ORDER The buyer adds items to the cart, checks the summary (items, quantities, prices, shipping costs, total), gives an e-mail address and, for a shipped item, first and last name and a postal address in France, accepts these terms, then goes to the payment page. The order is binding once the payment is confirmed; a confirmation e-mail summarises it and gives the tracking link. The seller may refuse an abnormal order or one placed in bad faith. ARTICLE 5 – PAYMENT Payment is made online, when ordering, through HelloAsso, the associations' secure payment platform. The seller never has access to the buyer's bank details. HelloAsso may offer the buyer a voluntary contribution to its own operation: it is optional, can be changed before paying, and does not go to the seller. A failed payment cancels the order. ARTICLE 6 – DELIVERY Shipped items: delivery is made in France, to the address given by the buyer, by La Poste or the carrier shown when ordering. Unless another time is shown when ordering, the item is delivered at the latest thirty days after the order (article L216-1 of the French Consumer Code). The risk of loss or damage passes to the buyer when the buyer takes physical possession of the item (article L216-4). In case of delay, the buyer may, after a formal notice left without effect, terminate the contract under articles L216-6 and following. Downloads: the digital files are made available once the payment is confirmed, through a link sent by e-mail and on the order's tracking page, for the time and the number of downloads given in the e-mail. ARTICLE 7 – RIGHT OF WITHDRAWAL The buyer has fourteen days to withdraw, without giving any reason, from the receipt of the item (article L221-18 of the French Consumer Code). The buyer informs the seller of the decision by an unambiguous statement, by e-mail to contact@yblues.com, or with the model form below. The item is sent back, complete and in its original condition, at the latest fourteen days after the decision was communicated, to: Y.Blues Corporation, 6 rue Nungesser, 38400 Saint-Martin-d'Hères, France. Return costs are borne by the buyer. The seller refunds all sums paid, standard delivery costs included, at the latest fourteen days after being informed of the decision, with the same means of payment as the order; the refund may wait until the item is received back or proof of its dispatch is given (article L221-24). Exceptions (article L221-28 of the French Consumer Code): the right of withdrawal does not apply to audio or video recordings (CDs) unsealed by the buyer after delivery (9°), nor to digital content supplied without a physical medium (downloads) whose supply has begun with the buyer's prior express consent and express waiver of the right of withdrawal (13°): this consent and waiver are given by ticking the box shown before the payment, and confirmed in the confirmation e-mail. Model withdrawal form (fill in and return only if you wish to withdraw): "To Y.Blues Corporation, 6 rue Nungesser, 38400 Saint-Martin-d'Hères, France, contact@yblues.com: I hereby give notice that I withdraw from my contract of sale of the following goods: [item], ordered on [date] / received on [date], order number [number], name of the buyer, address of the buyer, signature (only if this form is notified on paper), date." ARTICLE 8 – LEGAL GUARANTEES The seller is bound by the legal guarantee of conformity (articles L217-3 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the French Civil Code). The consumer has two years from the delivery of the item to have the legal guarantee of conformity applied when a lack of conformity appears, and only has to establish the lack of conformity, not when it appeared. It entitles the consumer to the repair or replacement of the item within thirty days of the request, free of charge and without major inconvenience; failing that, or when the lack of conformity is serious, to a price reduction or to the termination of the contract with a full refund against the return of the item. A repair extends the guarantee by six months; a replacement imposed by the seller renews it for two years. These rights result from articles L217-1 to L217-32 of the French Consumer Code; a seller obstructing them in bad faith incurs a civil fine of up to 300,000 euros (article L241-5). The consumer also has the legal guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code) for two years from the discovery of the defect: a price reduction if the item is kept, or a full refund against its return. To use a guarantee, the buyer writes to contact@yblues.com with the order and the defect found. ARTICLE 9 – DIGITAL CONTENT AND INTELLECTUAL PROPERTY The songs, visuals and texts sold remain their authors' property. Buying them grants a private and personal right of use; any copy, public performance or resale is forbidden without permission. ARTICLE 10 – CUSTOMER SERVICE AND COMPLAINTS For any question or complaint: contact@yblues.com. ARTICLE 11 – MEDIATION AND DISPUTES In case of a dispute, the buyer first sends a written complaint to the seller. Failing an amicable solution, the buyer may use a consumer mediator free of charge, under articles L611-1 and following of the French Consumer Code. The buyer may also bring the matter before the competent court, notably that of the buyer's home. ARTICLE 12 – PERSONAL DATA The buyer's data is processed to perform the order and keep the accounts, as described in the website's "Privacy" page. ARTICLE 13 – GOVERNING LAW These terms are governed by French law. The French version prevails.
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