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Home » Participation agreement for Buyers
  PARTICIPATION AGREEMENT FOR BUYERS

Definitions

  • "Musicalias", "we": Musicalias is a Dineji SARL service
  • "musicalias.com": Internet site published by Dineji SARL for Musicalias
  • "Editor": person or legal entity publishing Contents on musicalias.com
  • "Merchant": person or legal entity who sells & ships to the Buyers one or several products published on musicalias.com
  • "Producer": Merchant who organizes sponsorship offers
  • "Buyer", "you": person or legal entity having ordered one or several products from one or several Merchants on musicalias.com
  • "Sponsor": Buyer who participates to a sponsorship offer
  • "Editor / Merchant account": all pages & functions allowing an Editor and/or Merchant to create & manage his/her pages & personal information on musicalias.com
  • "Product": any product published by an Editor on musicalias.com
  • "Copy": material instance of a product
  • "Contents": writings & visual images the Editor publishes on musicalias.com via his Editor / Merchant account (label, artist, and product pages)
  • "Transaction cost": total cost of the copy paid by the Buyer including the retail price of each copy & if need be the shipping price

Preamble

Musicalias offers to Editors, Merchants & Buyers the musicalias.com web site allowing publication/consultation of contents & the setting up of sales contracts.

In this context, Musicalias is not a contracting party but acts as a service provider to the Editors as well as Merchants & Buyers.

The relationship between Musicalias & the Editors and Merchants is ruled according to the Participation Agreement for Editors & Merchants.

Any order of a product selected by musicalias.com supposes a reading & a prerequisite acceptation of the present Conditions.

Consequently, the Buyer acknowledges being perfectly informed about the fact that his/her agreement concerning the contents of these present Conditions does not require a signature on the document, since the Buyer wishes to order on line the proposed products on the web site.

The Buyer has the faculty to save or print the present Conditions, being stated that both saving & printing of this document come under his/her exclusive responsibility.

The Buyer, prior to his/her order, declares that the acquisition of products is not directly linked to his/her professional activity, their acquisition being reserved to a personal usage. As a Buyer, you can therefore benefit from specific rights which could be challenged if the products or services acquired on this site turned out to be professionally used. Professionals wishing to order are invited to directly contact us.

The online shop of the Musicalias.com site stipulates the following information:

  • a legal notice that allows precise identification of Musicalias
  • main characteristics of products proposed by Merchants
  • cost of goods indicated in € or UK Pounds
  • indication of the conditions of payment, delivery or execution
  • possibility of withdrawing an order
  • duration of validity of the offer or of the cost

The whole of this information is offered in French & English. The Buyer states having full legal capacity allowing him/her to commit himself/herself accordingly to the present Conditions.

Article 1- Entirety

The present Conditions state the entirety of both parties' obligations. Consequently, the Buyer is considered having thoroughly accepted the dispositions of the present Conditions. No specific condition included in the documents sent or delivered by the Buyer will be added to the present ones, since these documents would be incompatible with the present Conditions.

Article 2- Subject

The present Conditions are set in order to state the rights & obligations of both parties in the frame of services offered by Musicalias to the Buyer.

Article 3- Specific documents

The sale contract is made of the following documents, in decreasing hierarchical order: the present Conditions, the order form. In case of contradiction between the dispositions included in the documents, dispositions from the higher rank document will prevail.

Article 4- Coming into force, duration

The present Conditions come into force from the date of validation of the order form. The present Conditions are concluded for the necessary duration to provide the goods & services owed by both Musicalias & the Buyer.

Article 5- Electronic signature

The Buyer's "double click" on the order form equals to an electronic signature which has, for both parties, the same value as a hand-written signature.

Article 6- Order confirmation

Information specific to the order will be confirmed by an e-mail no later than on delivery or failing that will be sent to the Buyer's address, as indicated on the order form.

Article 7- Evidence of the transaction

Computerized records kept in Musicalias’ computer systems & in reasonable security conditions, will be considered as evidence of communications, orders & payments which have taken place between the two parties. Recording of order forms & invoices is carried out in a reliable & durable medium which can be used as evidence.

Article 8- Information about the products

Musicalias displays on his web site information enabling the Buyer to know before a final order the essential characteristics of the products he wishes to purchase from the Merchants, in accordance with Article L 111-1 of the French “Code de la Consommation” (eg. Consumption Code).

Offers from Musicalias are restricted to the availability of Merchant’s stocks.

Article 9 - Prices

Prices are given both in € & UK Pounds & are valid only on the date the Buyer sends his/her order form. They include packing & shipping costs, unless indicated to the contrary: in case participation is required from the Buyer, it will be previously indicated prior to the validation of the order.

Prices include VAT applicable on the day of order for all orders delivered in the EU. Any change of applicable VAT rate will be automatically included in the costs of the products.

As of today Musicalias enables transactions only between Buyers and Merchants based in the European Union.

The payment of the whole cost must occur at the time of order. By no means, payments will be considered as a deposit.

Article 10- Means of payment

To pay his/her order, the Buyer can, according to his/her choice, use any means of payment indicated on the order form.

The Buyer guarantees Musicalias that he/she has got all necessary authorizations to use the means of payment of his/her choice, at the validation of the order.

Musicalias reserves the right to suspend any order & delivery in case of a refusal of payment by credit card from officially accredited organizations or in case of non-payment. Musicalias notably reserves the right not to deliver an order from a Buyer who would not have totally or partially paid a previous order or with whom a payment would be an object of contention.

Musicalias punctually re-checks orders in order to make sure that nobody uses somebody else’s bank files out of the owner's knowledge. During this verification process, the Buyer might be asked to send a copy of an identification document as well as a housing justification. In such a case, the order will not be validated before reception & checking by our staff of the sent documents.

Article 11- Availability of products

The order will be delivered no later than 15 days from the day the Buyer ordered.

In case of an impossibility to deliver an ordered product within this schedule, the Buyer will be informed as soon as possible & will be entitled to cancel the order of the product (only the product that can't be delivered). The Buyer will then have the choice to ask for either the cancellation of his payment (in this case, payback will occur no later than 30 days after the payment) or a free exchange of the product.

Article 12- Transport & delivery

Merchants naturally strive to respect shipping delays stated on the web site. However, these time frames are only given as an indication & will never be a source of claim unless the maximum delay as indicated in article 11 would not be respected.

Products are delivered according to the means of shipping and the address chosen by the Buyer on his/her order form. It is possible to receive the invoice at a different address of the delivery place by choosing the appropriate address on the sum-up of your order, before its final validation.

As soon as a Merchant sends an order, you immediately receive an e-mail to keep you informed of the dispatch.

Please note that if the products included in your order are sent by several Merchants, you will receive separate deliveries (called "partial"). Any partial delivery will be asked for payment as soon as sent.

Article 13- Complaints

13-1– Non delivered products
The Buyer has a ten-day period from the maximum date as indicated in article 11 to inform Musicalias of the non-delivery of his/her order or of any missing product. If he/she would not do so within this limit, his/her agreement on the transaction will be considered definitely acquired.

If the Merchant's inquiry to the carrier shows the product was not delivered on reasons excluding the Buyer's responsibility (wrong address, nobody to collect the product or parcel not collected within the carrier's limit), we will propose to the Buyer either a second delivery by the Merchant or the payback of the missing product(s).

13-2– Nonconformity of products
The Buyer will have to inform Musicalias no later than seven working days after the delivery, of any complaints about a wrong delivery &/or nonconformity of products in terms of nature or quality regarding the indications supplied on the order form. Any complaint sent after this limit will be rejected.

13-3– Damaged products
The hazards of transportation are at the charge of the Merchants. The Buyer must nevertheless check the state of the packing of the products when delivered & indicate the damage due to the carrier on the delivery form, & inform Musicalias within seven working days.

13-4– Common dispositions
Complaints will have to be made according to the indications given on the contact page of the web site, then sent to Musicalias (unless indications to the contrary) which administers complaints on behalf of the Merchants.
On this occasion, the Buyer must give his/her precise whereabouts, his order number & the designation of the missing/non conform/damaged product(s). Any complaint which does not respect these rules as defined above & within the fixed limits will not be taken into account & will so liberate the Merchant of any responsibility vis-à-vis the Buyer.
Once the complaint accepted, the Buyer will receive by the most convenient means according to Musicalias an agreement & return instructions with an exchange number for the concerned product(s).
The Buyer can, after having received the return agreement, within seven working days, send back the exchangeable product(s). In case of litigation, the Buyer will have to prove the sending of the product(s). He is so advised to keep all justifications concerning the dispatch.

The cost of the return is paid back on the basis of a pre-stamped Colissimo parcel as established by the French Post. Beyond that, the costs of return will be at the Buyer's charge.
When it is returned, the Buyer will write the mention "SAV" & the return number which will have been given him/her by Musicalias directly on the parcel & he will also join a copy of the invoice. In any other case, the returned parcel will be refused.
If no agreement can be reached, any returned goods will be kept at the Buyer's disposal at his/her charge, own risk, as well, any transport cost, stocking, handling being charged to the Buyer.

Article 14- Guarantee of the products

According to article 4 of decree n° 78-464 of March 24th 1978 (French Law), dispositions of the present Conditions cannot deprive the Buyer of the legal guarantee which requires the professional Merchant to guarantee him/her against any consequence from latent defect of the sold product. The Buyer is expressively informed that Musicalias is not the producer of the displayed products on its web site, in the sense of the law n° 98-389 of May 19th 1998 (French Law) linked to the responsibility regarding defected products. Consequently, in case of damage caused to a person or an asset due to a defect of the product, only the producer can be responsible for it by the Buyer, on the basis of the information written on the package of the mentioned product.

Article 15- Right of withdrawal

As stipulated in article L121-20 of the French “Code de la Consommation” (Consumption Code), the Buyer has a seven-day delay to return articles which would not satisfy him/her. Be nevertheless cautious:

  • accordingly to article L121-20-2, CDs, tapes, DVDs & softwares are not reimbursable once opened
  • furthermore, purchases of digital files or access rights to online contents will not be refunded neither exchanged in any case.

The delay runs from the day of delivery of the Buyer's order. It this delay ends on a Saturday, a Sunday or a public holiday, it is extended to the 1st following working day.

Returned products travel at the Buyer's risks. Only the products received by Musicalias or the Merchant at the return address given, in their entirety, in their original complete & intact package & in a perfect condition of sale will be accepted. Any product which will have been damaged or whose original pack-up will have been deteriorated will not be paid back or exchanged.

Before any return, the Buyer must contact Musicalias. Any returning of products without a return authorization linked to the package will be refused, without any exception. This right of withdrawal is used without any penalty, except for return costs (packing-up & transportation) which stay at the Buyer's charge.

Musicalias will pay back to the Buyer the invoiced amounts corresponding to the returned product(s), usually within a fortnight after reception of the returned product(s) & within a maximum delay of 30 days. The Buyer will be paid back by the means of payment he/she will have used or by cheque.

Article 16- Reserve of property

According to the Law of May 12th 1980 (French Law), the transfer of property of the goods delivered by the Merchant to the Buyer will be applicable only after the total payment of the cost in principle and accessory or after cashing of accepted drafts or any other means accepted as a payment.

Article 17- Sponsorship offers

The execution of sponsorship offers is defined on an individual basis and explained on each offer’s webpage. Beyond the specifics, all sponsorship offers are ruled by the following conditions.

If the Producer cancels the sponsorship offer, Sponsors who have placed their order within 45 days before cancellation will be refunded by Musicalias within fifteen days; previous orders will be refunded by the Producer within thirty days maximum.

Before placing their order Sponsors acknowledge that products and/or services proposed with a sponsorship offer do not exist yet: they are described as precisely as possible on the offer's webpage.

The Sponsor may ask the Producer for a complete or partial refund in the following cases:

  • complete: if the offer is still not executed more than sixty days after the date shown on the offer's webpage
  • partial: up to 50% of the amount paid if the product(s)/service(s) provided consistently differ from what was announced on the offer's webpage (e.g. main and objective characteristics such as: length, packaging...)
The Sponsor will then be refunded by the Producer within thirty days.

The Sponsor's subjective appreciation on the content of the product(s)/service(s) provided will not be taken into account for any refund.

Special conditions for sponsorship offers do not conflict with the Buyer's right of withdrawal which remains intact.

If a dispute arises between a Sponsor and a Producer, Musicalias will try to find an amicable solution with both parties. However Musicalias' responsibility will not be engaged beyond its obligations of technical intermediary between Sponsors and Producers.

Article 18- Causes beyond control (Acts of God)

Neither of the two parties will have failed its obligations if their execution will be delayed, hindered by an unpredictable event or causes beyond their control. It will be considered as an unpredictable event or absolute necessity any irresistible fact or circumstance, undue to any of the parties, unavoidable, independent of the parties’ will & which could not be possibly avoided by the latter, despite all reasonable attempts on their part. The party concerned with such circumstances will inform the other within ten working days from the date it faces the problem. Both parties will then get in touch, within a month, unless the Act of God makes it impossible, to examine the incidence of the event & to agree upon the conditions under which the execution of the contract will be executed. If the Act of God exceeds a three-month duration, the present Conditions will be canceled by the weakened party. An Act of God or unpredictable event, apart from those usually validated by the jurisprudence of French courts & tribunals includes: blockade of means of transport or supply, earthquakes, fires, storms, floods, thunder, shortage of communication networks or difficulties of the telecommunication networks external to the Buyer.

Article 19- Partial non validation

If one or several rules of the present Conditions are seen as non valid or declared as such under application of a law, a rule or after a final decision from a competent jurisdiction, the other rules will keep all of their validity & scope.

Article 20- Applicable law

The present Conditions are regulated under the French Law. In case of litigation or complaint, the Buyer must first get in touch with Musicalias to reach an amicable arrangement. Any problem linked to the formation, the execution & the cessation of obligations between the two parties which could not reach an agreement, will be settled under the jurisdiction of the Paris Commerce Tribunal where Musicalias head office is situated, whatever the conditions of sale & the accepted means of payment, even in case of appeal in guarantee or plurality of defenders, Musicalias reserves the right to submit to the Tribunal territorially competent in the Buyer's residence.

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