General terms and conditions of sales

Applicable as of 15/04/2018

 

1) Seller identification
Association Eolico (1901 French law)
17 rue Ferdinand Duval - 75004 PARIS
SIRET number 389273780 00020
This email address is being protected from spambots. You need JavaScript enabled to view it.
Contact number: 00 33 (0)1 42 78 69 72

Hereinafter referred to as “Association Eolico” or “Eolico” or “Seller”.

 

2) Subject
The present general terms and conditions of sales shall apply to all sales of records entered into between the Association Eolico and the buyer (hereinafter referred to as the “Client”) through the website www.tamiavalmont.com.

The Client shall unconditionally agree upon the present general terms and conditions of sales.

These general terms and conditions of sales are available on the website www.tamiavalmont.com.

 

3) Price
The record "Les Chants de la Terre / Earth Songs" is offered at a price of 20€ included tax, shipping and handling charges, regardless of the receiving country.

 

4) Period of validity of the sales offers
The record is offered for sale until related stock lasts.

 

5) Order
Once the present general terms and conditions of sales are agreed upon by ticking the box provided for such purpose, the Client shall definitively confirm and place his/her order by clicking on the “Pay button” located on the Paypal payment page.

At that moment, the order is registered.

A confirmation shall be emailed to the Client.

Data communicated by Paypal to the Association Eolico following the placement of the order constitute evidence of nature, content and date of the order.

 

6) Payment
The following payment methods are offered:

→ Paypal payment with a Paypal account, by Paypal, or by credit/debit card

→ Paypal payment without any Paypayl account, by credit/debit card

The Client shall commit to comply, in addition to the present general terms and conditions of sales, with Paypal general conditions of use and sales.

The Client may consult the latter, as well as further information on Paypal secure system of payment, on www.paypal.fr.

 

7) Shipping
Shipping and handling charges are included in the price, regardless of the receiving country.

After reception by the Seller of the order’s amount, the order shall be shipped within eight (8) days.

The order shall be delivered by La Poste to the shipping address indicated on the order.

Shipping to Metropolitan France shall be made by tracking letter.
Shipping to any other destination shall be made without tracking.

 

8) Invoice
A detailed bill shall be sent over to the Client along with the package.

 

9) Warranties / Claims
In accordance with Articles L.217-1 et seq. of the French Consumer Code, it is recalled that the Seller shall be held liable for non-conformity defects that exist at the time of delivery.

When the Client is willing to bring an action on legal guarantee of conformity, the Client shall:

- benefit for a two (2) years period as from the delivery in order to bring this action;
- choose between repair and replacement of the good(s), subject to the conditions of cost provided for in Article L. 217-9 of the French Consumer Code;
- be exempted to prove the existence of the non-conformity defect during twenty four (24) months as from delivery.

It is recalled that the legal guarantee of conformity shall apply independently from the commercial guarantee potentially subscribed to.

The Seller shall also be held responsible for hidden defects of the good(s) sold, under the conditions provided for in Articles 1641 et seq. of the French Civil Code. In this case, the Client shall choose between cancellation of the sale and price reduction, in accordance with Article 1644 of the French Civil Code.

In case a complaint follows a potential fault attributable to Eolico, or a potential defect of a good, the Client shall send such a request by registered mail to the following address: Association Eolico, 17 rue Ferdinand Duval - 75004 PARIS.

Eolico shall seek to provide a response to the Client without undue delay.

 

10) Right of withdrawal

10.1 Right of withdrawal
When the Client is a consumer (a natural person who places an order for the purpose of his/her private and not professional needs), he/she be provided with a fourteen (14) days period from the receipt of the good(s) ordered to exercise his/her right of withdrawal and to request the Seller to cancel his/her order, without having to give reasons for doing so, nor having to pay for any penalty thereby.

When this delay expires on a Saturday, a Sunday, on public holiday, or on a non-working day, it shall be extended until the first working day thereafter.

10.2 Procedures for exercising the right of withdrawal
In accordance with French law, and in order to exercising his/her right of withdrawal, the Client shall inform the Seller, before this delay of fourteen (14) days from his/her decision to withdraw expires, by sending a clearly worded statement and specifying the order number, either by regular mail to the following address Association Eolico - 17 rue Ferdinand Duval - 75004 PARIS, or on www.tamiavalmont.com through the contact page.

The Client may use the withdrawal form attached as an Appendix to the present general terms and conditions of sales and to the confirmation order email, or may make known to the Seller his/her intent to exercise his/her right of withdrawal on a separate sheet, or by email through the contact form on the website.

As from the notification of his/her decision to exercise his/her right of withdrawal by sending the standard form or any other withdrawal statement, the Client shall have another fourteen (14) days to send back the good(s) to the Seller’s address - 17 rue Ferdinand Duval - 75004 PARIS.

When this delay expires on a Saturday, a Sunday, on public holiday or on a non-working day, it shall be extended until the first working day thereafter.

The Client shall be held responsible for all fees related to the shipment of returned good(s). The product shall be returned by the Client in its state, presentation and original packaging, in original factory and perfect condition.

Nevertheless, incomplete, used, damaged or made dirty good(s) shall not be resumed.

10.3 Reimbursement
When the Client exercises his/her right of withdrawal, the Seller shall repay all amounts paid out by the Client, including shipping charges, fourteen (14) days from the date the Seller has been informed of the Client’s decision to withdraw, at the latest.

It shall be recalled that costs for returning good(s) shall remain at the expense of the Client. It is further stated that the repayment date might be deferred until the Seller recovers the good(s).

Repayment shall be made according to the payment methods used by the Client for the original transaction, unless the Client explicitly agrees that the Seller uses another payment method.

11) Transfer of risks
In accordance with French law, the risk of loss of, or damage to, the good(s) shall pass to the Client at the time when he/she, or a third party designated by him/her, takes physical possession of the good(s) ordered and delivered.

 

12) Confidentiality of data
This website is registered with the French National Commission for Data Protection and Liberties (French “CNIL”), ensuring utmost respect of personal data processed by a website in accordance with French law, under number 2117755v0, dated November 8, 2017.

Personal data provided by Paypal to Eolico after payment has been made for the order shall be the Client’s last name, first name, shipping address and billing address.

Information collected by Eolico through the contact form, specifically the email address of the contact person, are registered by Eolico in a computer file in order to communicate with users and provide them with upcoming news.

These data shall be stored for three (3) years and addressed to the website manager.

No personal information shall be disclosed to another organization.

In accordance with the French Information Technology and Liberties law dated January 6, 1978, the Client shall have a right of access to, and a right of rectification of, his/her personal data by reaching out to Eolico using the following address This email address is being protected from spambots. You need JavaScript enabled to view it..

 

13) Amendments
The present general conditions and terms of sales might be amended. Accordingly, the applicable general conditions and terms of sales shall be those in force on the website at the time when the order is placed.

 

14) Dispute resolution
When a dispute arises between the Client and Eolico, parties shall attempt to find an amicable solution. To that end, the Client shall address his/her complaint to the Seller by registered letter with an acknowledgment of receipt.

14.1 Competent jurisdiction

14.1.1 If the Client is a consumer
In accordance with the French Consumer Code, if the attempt to find an amicable solution fails, the Client may freely contact the mediator that Eolico is affiliated to, namely Médiation - vivons mieux ensemble, located 465 avenue de la Libération 54000 NANCY, FRANCE, https://www.mediation-vivons-mieux-ensemble.fr/contact/.

In accordance with EU regulation no524/2013, the Client, if he/she is a consumer, may also contact the European Commission’s online dispute resolution portal, available on: https://webgate.ec.europa.eu/odr/. Complaints filed on this platform are submitted to the French mediation bodies.

If the attempt to find an amicable solution/to mediate fails, the Client shall be able to file his/her claim before any competent jurisdiction.

14.1.2 If the Client is a professional client
If the attempt to find an amicable solution fails, any dispute arising out of or in connection with this sales contract shall be exclusively subject to the Paris Courts jurisdiction.

14.2 Applicable law
The present general terms and conditions of sales are written in French. They shall only be construed in their French version.

The present general terms and conditions of sales shall be governed by and interpreted in accordance with French law.

 

 

Appendix 1

 

Article L. 217-4 of the French Consumer Code:

 

The seller shall deliver the good(s) in conformity with the sales contract and respond to any conformity defects that exist at the time of delivery. The seller shall also respond to the conformity defects that result from the packaging, assembly or installation’ instructions when such installation has been made his/her responsibility under the contract, or has been realized under his/her responsibility.

 

Article L. 217-5 of the French Consumer Code:

The good complies with the contract:

1 If it is appropriate for the use normally expected for such a good and, as the case may be:
1 it complies with the description given by the seller and have the qualities shown to the buyer in the form of a sample or model;
2 have the features that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his representative, including in advertising and labelling;
1 Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

Article L217-12 of the French Consumer Code:

Any action resulting from lack of conformity shall lapse two years after delivery of the good.

 

Article L. 217-16 of the French Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee that has been granted to him/her during the acquisition or the repair of a movable asset, a restoration covered by the guarantee, any immobilization at least for a period of seven (7) days will be added to the guarantee’s still remaining term.
This period of time shall begin to run from the buyer’s request for intervention or provision of good for repair, if this provision is made after the request for intervention.

 

Article 1641 of the French Civil Code:

The seller shall guarantee the buyer against hidden defects in the good sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of these defects.

 

Article 1648 Section 1 of the French Civil Code:

Any action resulting from prohibitive defects shall be brought by the buyer within two (2) years from the discovery of the defects.

 

 

Appendix 2

 

Withdrawal form

 

Complete and return this form only if you wish to withdraw from the order you placed on www.tamiavalmont.com, except for the exclusions or limits to the exercise of the right of withdrawal specified in the general terms and conditions of sales.

 

For the attention of “Association Eolico - 17 rue Ferdinand Duval - 75004 PARIS”

 

I hereby give notice that I withdraw from the following contract of sales/provision of service (*):
………………………………………………………
Ordered on …………………………………….. / Received on ………………………………………………………………..
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of consumer(s): ………………………………………………………………..
Signature of consumer(s) (only if the present form is notified by hard paper):

Date: ………………………………………………………………..
(*) Please delete as appropriate.

I hereby give notice that I withdraw from the following contract of sales:

Ordered on : / Received on :

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Date: