General Terms & Conditions
Art.1 - General Terms and conditions of Business/Application/Opposability
In respect to business relations of all types between the firm Advanced AudioWaves (the Vendor) and its Customers, the following General Terms and Conditions of business hold true in their legally valid versions, respectively.
Divergent conditions or general business practices of the Customer have no legal validity unless a written agreement has been negotiated elsewhere.
The act of placing an order implies the buyer’s full and unconditional acceptance of the general business conditions, to the exclusion of all other documents, such as business brochures or catalogues issued by the Vendor, which have only an indicative value.
Should the Vendor at any given moment choose not to impose one or more of the general business conditions, this does not imply that he renounces his right to impose these same conditions at a later date.
Art. 2 - Ordering/Prices
The Vendor reserves the right to deny the promised service subsequent to determining that the goods are no longer available :
- after contractual settlement
- although a corresponding hedging transaction has been concluded.
In such a case, the Customer will be notified. All reciprocations and considerations of any kind provided by the Customer beforehand will be reimbursed without delay. The Vendor and the Customer can agree together on the delivery of a product of identical size and quality to the product initially ordered by the buyer.
All the prices of our products delivered to France and Europe are denoted in euros inclusive of VAT without forwarding charges.
All the prices of our products delivered to outside of Europe and overseas are denoted in euros exclusive of VAT without forwarding charges.
The contractual language is French, the Vendor only accepts the payment in Euros.
Art. 3 - Delivery
The information provided by the Customer when placing an order engages his or her responsibility: if the addressee’s details are entered incorrectly, the Vendor cannot be held responsible for the non-delivery of the product.
Delivery occurs at the Customer’s own risk. As soon as the goods have been entrusted to a transportation company by the Vendor, the risk automatically transfers to the Customer. This also holds true for partial deliveries.
The Vendor posts the shipping charges for France and International deliveries at shipping. In case the goods are shipped to a foreign country outside the European trading zone, the Customer also bears the tarifs and fees. The following cases of force majeure discharge the Vendor of his obligation to deliver: war, riots, fire, strikes, accidents and the impossibility of obtaining supplies. The Vendor will inform the buyer in reasonable time of the cases or events listed above.
The goods should be examined immediately after delivery by the Customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing. Claims for damages against the Vendor from non-fulfillment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
Art. 4 - Cancellation and Rights of Refund
According to Article L121–16 of the French Consumer Code Law, the Customer may withdraw from the contract in writing (e.g. letter, fax, email) within 7 (seven) days without giving any reason or - if the item has been delivered before expiry of said term - by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties.
The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:
31800 Latoue - France
Fax: +33 957 570 665
In case of an effective cancellation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the Customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the Customer shall compensate the Vendor for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them. Incidentally, the Customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. To the extent possible, the Customer shall return objects by parcel post. The Customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered when at the time of the cancellation the Customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the Customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the Customer’s premises. The obligation to return received payments shall be fulfilled within 30 days. For the Customer the grace period starts with the date the cancellation is sent or the object is returned. For the Vendor the grace period begins with the receipt of the cancellation or the returned goods.
In case the Vendor finances the transaction through a loan and the Customer cancels the transaction, the Customer is no longer legally bound by the terms of the loan agreement, provided the two agreements constitute an economic unit. This is the assumption when we act toward the Customer as the Vendor and the lender or in case we assist the Customer in securing the loan. If at the time of the cancellation or the return of the goods we have already become the beneficiary of a granted loan, then the lender shall step into our rights and obligations toward the Customer as far as they are the result of the financed agreement.
Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the Customer’s specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal. The Vendor regrets not to be able to carry the shipping costs for return shipments.
Art. 5 - Forwarding and delivery deadline
The time limit for forwarding the goods is to be understood as exclusive of the transport time and the day of the week. In the case of payment per bank transfer the order will first be handled upon receipt of payment. Therefore the given deadline goes into effect the moment the transfer has been received and subsequently can change depending on the day of the order.
In case of a foreseeable prolongation of the forwarding time, the Vendor will undertake to compensate for this by informing the Customer as soon as possible and via all channels so that he can decide whether to maintain the order or cancel it either partially or wholly.
The time of delivery can in no way result in damage causing a disadvantage to the Customer or renderer of service. Should this time limit be exceeded, the Customer will be informed per e-mail. In this case and as long as the product has not yet been dispatched, the Customer has the possibility to demand a refund in the form of a credit note (voucher), which will be credited to his account within the following 48 hours. This credit note is valid for one year from the date of issue. If the Customer decides to receive a refund, the amount will be refunded within the following 15 days per bank transfer.
Art. 6 - Shipping cost
The shipping cost, if any, is calculated according to the weight and volume of the parcel and quoted prior to the final confirmation of the order.
Art. 7 - Payment
General informations :
The payment of the ordered articles from the internet site of the Vendor goes into effect directly upon ordering and according to the Customer’s preference:
SSL-secured credit card payment :
The payment per credit card is processed through the security system of the bank, which employs the SSL protocol (Secure Socket Layer) so that the relayed information is codified by means of a software system and no third party has access to it. The Customer should note that the Vendor has no access to the credit card data to ensure the perfect safety of the transaction. No credit card data is stored on the Vendor website.
PayPal payment :
PayPal is a faster, safer way to pay and get paid online. The service allows members to send money without sharing financial information, with the flexibility to pay using their account balances, bank accounts or credit cards.
The Customer should refer to PayPal FAQ to learn more about it.
Art. 8 - Due Dates and Payment Conditions
Invoices sent by the Vendor — as long as no agreements of a divergent nature have been set in writing — are to be paid in full without delay.
The Vendor reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The Customer bears the banking fees.
Should the Customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of 10% + applicable standard French interest rate for the period of delinquency. In the event the Vendor is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
Art. 9 - Warranties and claim for damages
Warranty formalities are carried out in congruence with the usual legal regulations according to the French Consumer Code Law.
The Vendor is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the Vendor or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of French product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the Vendor is limited to foreseeable damages alone.
Art. 10 - Reservation of Ownership
Until all payment responsibilities have been fulfilled by the Customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the Vendor.
The Customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the Vendor. Already now, the Customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the Vendor and the Customer, including interest and any subsidiary demands to be brought against the Vendor. The Vendor accepts this relinquishment of rights.
Art. 11 - Data protection
In order to provide you suitable services, we may be led to ask you some personal data. The Vendor commits to respect your private life and protect the communicated information. In particular personal data is confidential and it is treated as such. The Vendor collects personal information related to the User only for the requirements of the services proposed on the Site. On that account the Vendor commits expressly not to proceed to any treatment incompatible with the Site purpose, not to publish, disclose or transmit information concerning the User without prior agreement from him. In France, personal data is particularly protected by Law n° 78–87 of 6 January 1978, Law n° 2004–801 of 6 August 2004, the Article L.26–13 of Penal Code and the European Directive of 24 October 1995. No personal information related to the User of the Site is either collected or published in secret, neither exchanged, transferred, given way or sold on any media to a third party. The only case when the above mentioned information would be transmitted is in the assumption the Vendor or one of its entities would be bought out together with its rights to a potential purchaser who would be at its turn bound with the same obligation concerning data safeguarding and modification against the User of Site. According to the provisions of Article 34 of Law n° 48–87 of 6 January 1978, the Customer disposes of access rights, rectification and modification of nominative data about himself collected while sending a postal standard mail to the next address :
31800 Latoue - France
The Customer will have to indicate his name or corporate name, his physical and/or electronic contact information and if necessary the reference he disposes of as member of the Site. The modification will take place in a reasonable timeframe as from the reception of the Customer’s mail.
For any information related to protection of personal data, you may consult the site of Commission Informatique et Liberté.
Art. 12 - Place of Execution and Place of Jurisdiction
The business contract existing between the Vendor and the Customer is subject to the law of France, subject to private international law provisions excluding the UN business Convention.
The place of execution for all services and products negotiated in business transactions with the Vendor is Toulouse, France, i.e. to the extent the Customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
The exclusive place of jurisdiction for any legal proceedings against the Vendor is Toulouse, France. The same holds true for legal action taken by the Vendor against its Customers, i.e. to the extent the Customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
Art. 13 - Final Provisions
In addition French law applies to these provisions. French law is also exclusively applicable when deliveries are made to Customers abroad.
If individual provisions of these General Terms & Conditions of Business become invalid, the remaining provisions stay in force.