Terms of sale
1.1 The following general terms and conditions (hereinafter “GTC”) of Tapenade Records (hereinafter “Seller”) apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter “Customer”) with the Seller in its online shop completes. The inclusion of the customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These GTC shall also apply to digital content supply contracts, unless specifically
1.3 These GTC shall also apply to contracts concerning the delivery of tickets, unless specifically otherwise indicated. They here refer to tickets being sold for specific events being specified in the product description, not to the implementation of the event or a performance as such. For the implementation of the event, only the legal provisions apply between the organizer and the customer, as well as the GTC of the organizer, if applicable. In the event that the Seller is not the organizer, the Seller shall not be liable for the proper implementation of the event, but the particular organizer exclusively.
1.4 Consumer in the context of these GTC is every natural person who concludes a transaction for a purpose that is neither commercial nor can it be attributed to the person’s self-employed professional occupation. Entrepeneur is a natural person or legal entity or a joint partnership with legal capacity acting that enters a legal transaction as part of their employed or self-employed occupational activity
1.5 Digital Content in the context of these GTC are all data that are not stored on a physical data carrier, that are produced in digital form and distributed by the Seller who grants the right of certain use as laid down in these terms.
2 Conclusion of contrat
2.1 The product describtions as seen in the online-shop are non-binding offers as such by the Seller. They only serve as basis for the Buyer to make a binding offer himself.
2.2 The Buyer can propose his offer via the online order form. Clicking the final button after putting the goods into the virtual shopping cart and proceeding with the electronical order process marks the legally binding contract offer by the Buyer regarding the goods in the virtual shopping basket. The Buyer can also propose his offer to the Seller via e-mail.
2.3 The Seller can accept the Buyer’s offer within five days by
- sending an order confirmation in written form or e-mail; relevant is the date of the receipt of the order confirmation, or
- delivering the ordered goods to the customer; relevant is the receipt of the goods at the customer, or
- asking the customer to pay after the customer made his binding offer.
In the event that several of the aforementioned alternatives are given, the contract takes effect on the date of the occurance of the first given alternative. The time limit to take the offer starts on the day after the Buyer’s offer was sent and it ends at the end of the fifth day following the sending of the offer. In the event that the Seller does not accept the Buyer’s offer within the abovementioned time limit, the offer is deemed rejected. In this case, the Buyer is not bound to his or her offer any longer.
2.4 When selecting “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal – Terms and Conditions of Use, which can be found at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – in accordance with the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/fr/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he/she also issues a payment order to PayPal by clicking on the button that concludes the ordering process. In this case, the seller already declares that it accepts the customer’s offer when the customer initiates the payment process by clicking on the button that concludes the order process.
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the customer as a text (e.g., a copy of the contract is sent to the customer by the Seller). In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the customer via his or her password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the Seller’s online shop prior to placing the order.
2.6 Before the order is firmly placed via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the recognition of input errors can be the browser’s enlargement function, which enlarges the screen display. The customer can correct his or her entries in the electronic ordering process by using the usual keyboard and mouse functions until he or she clicks on the button that concludes the ordering process.
2.7 English and French are available for the conclusion of the contract.
2.8 The ordering process and the communication normally take place via e-mail and via an automized ordering process. The Buyer has to ensure that he uses the correct e-mail adress in his order, so he can receive e-mails from the Seller. In the case of the use of spam filters in particular, the Buyer has to ensure that all the e-mails coming from the Seller or third parties instructed by the Seller can be delivered.
3 Right of Revocation
Consumers are entitled to a right of withdrawal in accordance with the following provisions, according to which a consumer is any natural person who enters into a legal transaction for purposes that are primarily neither commercial nor independent :
3.1 Droit de rétractation
You have the right to withdraw from this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, the withdrawal period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
In the case of contracts for the delivery of data which are not on a physical data carrier and which are produced and made available in digital form (digital content), the withdrawal period shall be fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must contact us (Tapenade Records 55 rue de Belleville 75019 Paris, E-Mail: email@example.com) by means of a clear statement (e.g. letter sent by post, e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient to send your notification that you are exercising your right of withdrawal before the withdrawal period expires.
3.2 Consequences of withdrawal
If you withdraw from this Agreement, we will have returned all payments received by us from you, including delivery charges (except for any additional charges resulting from your choice of a different type of delivery from the cheapest standard delivery offered by us), to be refunded immediately and no later than fourteen days from the day on which we receive notification of your withdrawal from this Agreement. We will use the same payment method for this refund as you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this refund.
In the case of contracts for the supply of goods, we may refuse to accept a refund until we have received the goods or you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date you notify us of the termination of this agreement. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You shall only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to verify the nature, properties and functionality of the goods.
3.3 Exclusion or premature expiry of the right of withdrawal
The right of withdrawal expires prematurely in the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
According to Art. L221-28 of the Consumer Code, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of withdrawal is also excluded for contracts involving the sale of tickets for leisure events limited in time.
The right of withdrawal shall expire prematurely in contracts for the delivery of digital content not provided on a tangible medium if we have started to perform the contract after you have expressly agreed that we will start to perform the contract before the expiry of the withdrawal period and you have confirmed that you know that if you give your consent to the start of the performance of the contract, you will lose your right of withdrawal.
3.4 General information on returning goods
3.4.1 Please avoid damage and contamination of the product. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against damage during transport.
3.4.2 Please do not send goods back postage due.
3.4.3 Please note that the above-mentioned numbers 1-2 are not a precondition for the effective exercise of the right of withdrawal.
4 Prices and Terms of Payment
4.1 Unless the product description on the website does not show otherwise, all the indicated prices are overall prices that include the legal sales tax. If applicable, any extra costs for delivery or shipping will be shown in the particular product description.
4.2 In the case of delivery into countries outside the EU, further costs can occur in individual cases, which the Seller has not to answer for and which the Buyer has to take care of. These are for example costs for the bank transfer of the money (e.g. funds transfer fees, exchange fees) or import taxes (e.g. customs duties). Such costs can also apply when the goods are delivered into a country inside the EU, but the payment is made from a country outside the EU.
4.3 All options for payment are stated on the Seller’s online shop.
4.4 In the case of payment via one of the payment methods offered by PayPal, the payment processing is made by the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under PayPal’s conditions of usage.
5 Delivery Conditions
5.1 La livraison desThe delivery of merchandise is effected regularly on the dispatch route and to the delivery address indicated by the customer, unless otherwise agreed.
5.2 In the event that the carrier sends back the ordered goods because of underliverability, the Buyer shall be liable for the costs of the unsuccessful delivery. This shall not apply if the undeliverability is due to circumstances beyond the control of the Buyer or if he was temporarily not able to accept the ordered goods, unless the Seller has notified the delivery to the Buyer in a reasonable time before. This shall also not apply regarding the costs of the return given the case the Buyer is effectively exercising his right of revocation. In this case the revocation instructions apply.
5.3 In the event the Buyer is collectiong his ordered goods, the Seller first informs the Buyer via e-mail that the goods are ready for delivery. After receiving this e-mail the Buyer can collect his goods at the Seller’ s principal place of business. In this case there will not be any delivery costs.
5.4 Digital contents will be handed to the Buyer in electronical form only as follows :
- Via download
5.5 Tickets can be handed to the Buyer as follows :
- Via download
- Via email
- Via mail
6 Grant of License in Digital Content
6.1 If the description on the website does not say otherwise, the Seller grants the non-exclusive right to the Buyer to use the contents made available for private and business purposes, unlimited in relation to place and time.
6.2 A transfer of the content to third parties or making copies of the content for third parties outside the application of these GTC is not permitted, unless the Seller has agreed to the transfer of the license to the third party.
6.3 The granting of the rights becomes effective with the full payment of which was contractually due. The Seller can give a temporary permission to use the contractual contents at an earlier point. This temporary permission does not rank as the granting of the rights.
7 Reservation of Ownership
If the Seller delivers in advance, he reserves the right to retain the ownership of the delivered goods until the complete payment oft he purchase price.
8.1 In the event that the ordered goods are defective, the rules of statuatory liability apply.
8.2 Different terms do apply to the limitation period for claims concerning used goods. The limitation period is one year starting from the delivery of the goods. However, this shortening of the limitation period shall not apply
- for goods that according to their regular form of use have been used for a building and which caused the building’s defect
- for claims for damages and reimbursement
- in the case the Seller fraudulently concealed the defect.
8.3 The Buyer as a consumer is requested to complain about delivered merchandise with apparent transport damage to the Seller. If the Buyer does not follow this procedure this has no impact on his statutory or contractual claims for compensation of defects.
9 Applicable Law
The law of the French Republic applies to all legal relations between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded by the mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10 Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr.This platform serves as a contact point for out-of-court-settlements concerning disputes arising from online purchase or service agreements involving a customer.
10.2 The Seller is not obliged to participate in an extrajudicial dispute resolution held by an arbitration board, nevertheless generally prepared to do so.