Terms of sale

1. Scope

1.1 These Terms of Sale (“Terms”) of Tapenade Records (“the seller”) apply to all contracts concluded between a customer and the seller for the purchase of goods (vinyl, CD, cassette) and digital content (downloads) offered on the online shop tapenaderecords.com. The customer’s own terms do not apply unless expressly agreed otherwise.

1.2 A consumer under these Terms is any natural person purchasing for purposes outside their trade, business, or profession. A business customer is any natural or legal person acting for purposes related to their trade, business, or profession.

1.3 Digital content under these Terms means any data supplied by the seller in digital form (download), not fixed on a physical medium.

2. Formation of the contract

2.1 Product descriptions on the online shop do not constitute a binding offer by the seller, but an invitation for the customer to place an order.

2.2 The customer places a binding order by completing the online order form, or by placing an order directly by email with the seller.

2.3 The seller accepts the customer’s order within five days, by:

• sending an order confirmation by email, or
• shipping or making available for download the ordered goods, or
• requesting payment following the order.

The contract is concluded as soon as one of these conditions is met. If the seller does not respond within five days, the order is deemed refused.

2.4 If payment is made via PayPal, processing is handled by PayPal (Europe) S.à r.l. et Cie, SCA, 22–24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal’s terms of use available at paypal.com. By selecting this payment method, the customer also authorizes the corresponding payment instruction.

2.5 The text of the contract is stored by the seller and sent to the customer by email after ordering.

2.6 The customer may correct entries at any time before submitting the order, using standard keyboard and mouse functions.

2.7 English and French are available for concluding the contract.

2.8 Orders are processed primarily by email. The customer must ensure the email address provided is correct and that emails from the seller are not blocked by spam filters.

3. Right of withdrawal

Consumers residing in the European Union or the United Kingdom have a statutory right of withdrawal under the following conditions. Tapenade Records voluntarily extends this same right to all customers worldwide, regardless of country of residence, as a matter of goodwill.

3.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen days, without giving any reason.

• For physical goods (vinyl, CD, cassette): the period runs from the day you (or a third party you designate) take possession of the goods.
• For digital content (downloads): the period runs from the day the contract is concluded.

To exercise this right, contact us at info@tapenaderecords.com with a clear statement of your decision to withdraw. It is sufficient to send this notice before the fourteen-day period expires.

3.2 Effects of withdrawal

If you withdraw, we will reimburse all payments received from you (including standard delivery costs) within fourteen days of receiving your withdrawal notice, using the same payment method as the original transaction, unless otherwise agreed. No fees will be charged for this reimbursement.

For physical goods, we may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent them back, whichever is earlier.

You must return the goods within fourteen days of notifying us of your withdrawal. You bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature and function.

3.3 Exceptions to the right of withdrawal

The right of withdrawal ends prematurely:

• for audio or video recordings (vinyl, CD, cassette) delivered in sealed packaging, once the seal has been removed after delivery;
• for digital content not supplied on a physical medium, if performance of the contract began after your express agreement and your acknowledgment that you would lose your right of withdrawal by giving that consent.

3.4 Returning goods

• Please return goods in their original packaging with all accessories, avoiding damage or contamination.
• Returns sent freight collect will not be accepted.
• These recommendations do not condition the valid exercise of your right of withdrawal.

4. Prices and payment terms

4.1 Unless stated otherwise, prices shown include applicable sales tax. Any delivery charges are listed separately for each product.

4.2 For deliveries outside the European Union, additional charges (banking fees, customs duties) may apply and are the customer’s responsibility. In particular:

• United Kingdom: since Brexit, shipments from the EU may be subject to UK VAT and customs clearance fees collected by the carrier upon delivery, in addition to the price paid on the shop.
• United States: customs duties may apply depending on the order value and are generally collected by the carrier or US customs authorities upon receipt.

These fees are set by each country’s customs authorities and carriers, independently of Tapenade Records, which cannot precisely anticipate or cover them.

4.3 Available payment methods are listed in the online shop.

4.4 Payments made via PayPal are processed by PayPal (Europe) S.à r.l. et Cie, SCA, subject to the terms available at paypal.com.

5. Delivery

5.1 Delivery is made to the address provided by the customer at the time of order.

5.2 If the carrier returns the goods to the seller because delivery to the customer was not possible, the customer bears the cost of the failed shipment — unless the customer is not responsible for the circumstance, or the withdrawal right is exercised.

5.3 Digital content is made available exclusively by download.

6. Usage rights for digital content

6.1 Unless otherwise stated, the seller grants the customer a non-exclusive right, unlimited in time or territory, to use the content provided for private purposes.

6.2 Transferring the content to third parties or making copies for third parties is not permitted, unless expressly agreed by the seller.

6.3 Usage rights only become effective once the customer has paid the full agreed price.

7. Retention of title

If the seller makes advance payment arrangements, the seller retains ownership of delivered goods until the purchase price has been paid in full.

8. Statutory warranty

8.1 If the purchased item is defective, statutory warranty provisions apply.

8.2 The customer is asked to report any visible transport damage directly to the carrier and to inform the seller — without affecting the customer’s legal or contractual rights regarding defects.

9. Governing law

French law governs all contractual relationships between the parties, excluding international rules on the sale of movable goods. For consumers residing in another country, this choice of law does not deprive the consumer of protections guaranteed by mandatory provisions of the law of their country of habitual residence.

10. Dispute resolution

10.1 The European Commission provides an online dispute resolution platform, available only to consumers residing in the European Union: ec.europa.eu/consumers/odr

10.2 The seller is not obliged to participate in a consumer arbitration procedure, but is generally willing to do so.