Sales Terms and Conditions
Effective on 01/08/2018
Terms & Conditions are a legal obligation when operating an e-commerce website. However, it is quite obvious that, because of the artisanal and personal nature of the OrganScore creation and production activity, every effort will be made to avoid or amicably settle any dispute.
Article 1 – Scope
These General Terms of Sale (so-called “Terms”) apply, without restriction or reservation to all sales concluded by the Seller from non-professional buyers (“Customers or Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on www.organscore.com. Products offered for sale on the website are the following:
- Printed musical scores
- Downloadable musical scores (when available)
The main Product features and in particular the specifications, illustrations, dimension and weight indications of the Products are presented on the website www.organscore.com, which the customer should have read before ordering.
The choice and the purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified at the time of placing the order; however, printing is done on demand, so the stock can be renewed very quickly.
These Terms and Conditions are accessible at any time on www.organscore.com and will prevail over any other document (in its French original version).
The Customer declares to have read and accepted these Terms by checking the box provided for this purpose just before the online order validation process on www.organscore.com.
Unless proved otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact information is as follows:
Renaud Vergnet – OrganScore
Address: 41, rue de Vouillé, Paris,
SIREN registration nb: 830179701,
EU VAT Id. Number : FR95830179701
Products presented on www.organscore.com are offered for sale Worldwide.
In case of order from a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Products are not subject to VAT. Prices therefore are deemed to be “all taxes included / VAT not applicable (CGI/Article 293 B)” for sales within the European Union. For sales outside the EU, prices are to be interpreted as “tax excluded”.
In certain countries, customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.
Article 2 – Prices
The Products are supplied at the prices applicable on the website www.organscore.com, at the time the Seller registered his or her order.
The prices are expressed in euros.
The rates take into account possible reductions that would be granted by the Seller on the www.organscore.com website.
These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to change prices at any time.
Prices do not include processing, shipping, transport and delivery charges, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and delivered to the Customer upon delivery of the Products ordered.
Article 3 – Orders
It belongs to the Customer to select on www.organscore.com the Products he or she wishes to order, according to the following process:
The customer chooses a Product and puts in his basket; he will be able to remove it before validating his order and to accept the Terms of Sale. He will then enter his personal data or connect to his space and choose, if applicable, the delivery method. After validation of the input information, the order will be considered as final and will require payment from the Customer according to the terms and conditions. Product offers are valid as long as they are visible on the site.
The sale will be considered valid only after full price payment. It is the Customer’s responsibility to check the exactness of the order and report any errors immediately.
Any order placed on the www.organscore.com website constitutes a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to refuse or cancel any order from a Customer with whom there is a dispute over the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
Article 4 – Customer Area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form proposed to him at the time of his order and undertakes to provide sincere and accurate information about his or her identity and contact information, including his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username (transmitted after registration) or email address and password. These information being strictly personal, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that could be made by others.
In case of non-compliance with the general conditions of sale and / or use, the www.organscore.com site will have the possibility to suspend or even close the account of a customer after formal notice sent by email and remained ineffective.
Any account deletion, for any reason, will result in the outright deletion of any personal information about the Customer.
Any event due to a case of force majeure that would result in a malfunction of the website or its hosting server, except any interruption or modification for maintenance, does not engage the responsibility of the Seller.
Article 5 – Payment
The price is paid by way of secure payment, using one of the following possibilities:
- Credit Card via Stripe
- Check (France and Monaco only)
- Bank Transfer to the Seller’s bank account (the details of which are transmitted to the Customer when placing the order)
The price is fully payable by the Customer, since the day the order is placed.
When using the Credit Card or PayPal, the payment data is transmitted in encrypted mode using the protocol defined by their authorised payment service. The www.organscore.com website does neither store the credit card numbers nor the paypal identification information.
In case of payment by check, it must be issued by a bank domiciled in France or Monaco. The cashing of the check is made upon receipt.
Payments made by the Customer will not be considered final until the Seller has actually collected the amount due.
The Seller will not be obliged to proceed with the Products delivery if the Customer does not pay the price in full under the conditions indicated above.
Article 6 – Delivery
The Products ordered by the Customer will be shipped worldwide.
Deliveries are made within four (4) days in metropolitan France, and five to ten (5 to 10) days internationally (depending on the country), to the address indicated by the Customer when ordering on the website.
Delivery consists of the transfer to the Customer of physical possession of the Product.
Except in special conditions or in case of unavailability of one or more Products, the Products ordered will be delivered in a single package.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. However, these deadlines are given as an indication.
If the Products ordered have not been delivered within twenty-one (21) days after the indicative date of delivery, for any cause other than force majeure or due the Customer, the Customer may request to cancel the sale (by email or regular mail), under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him or her no later than fourteen (14) days following the date of termination of the contract, without applying any compensation or deduction.
Deliveries are made by “Colissimo” (La Poste), at the address given by the Customer when setting his account parameters.
If the Customer has himself been responsible for calling upon a carrier, delivery shall be deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer acknowledges that it is the carrier who is responsible for the delivery and has no right to turn against the Seller in the event of failure to deliver the goods transported.
The Customer is required to check the condition of the delivered products. He or she has a period of fourteen (14) days from delivery to complain by email to email@example.com, together with all needed justifications (in particular photographs). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects, and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the French Consumer Code and those provided in the present T&C.
The loss and deterioration risk transfer relating thereto, will only be realised when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk except when the Customer has chosen the carrier himself, in which case, the risks are transferred at the time of delivery of the goods to the carrier.
Article 7 – Transfer of ownership
The transfer of ownership of the Seller’s Products to the Customer will only be realised after full payment of the price by the latter, regardless of the delivery date of said Products.
Article 8 – Right to retract
According to the terms of Article L221-18 of the Consumer Code, “The consumer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing by telephone or off-premises, without having to justify his decision nor to bear other costs than those provided for in articles L. 221-23 to L. 221 -25”.
The right of withdrawal can be exercised via a request without ambiguity, expressing the will to retract, by mail or by email addressed to the Seller (to the postal or email address indicated in article 1 of the T&C), indicating the name and the address of the customer, the number and the date of the order concerned, and the signature of the customer if sent by regular paper mail.
Returns are to be made in their original condition and complete allowing their remarketing in new condition, accompanied by the invoice.
Damaged, dirty or incomplete products are not taken back.
Return costs are to be paid by the Customer (Article L221-23 of the Consumer Code).
The refund will be made within fourteen (14) days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided in this article.
Article 9 – Seller’s liabilities – Warranties
Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective or damaged Products, or Products not corresponding to the order;
- the legal guarantee against hidden flaws resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
In order to exercise his rights, the Customer must inform the Seller about the Product non-compliance or the existence of hidden defects being discovered, either by email or regular mail.
The Seller will refund or replace Products deemed non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts.
Refunds, replacements or repairs of the Products found to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the finding by the Seller of the lack of conformity or the hidden defect.
The Seller’s liability can not be incurred in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- misuse, negligence or improper handling by the Customer, as well as in case of normal wear of the Product, accident or force majeure.
The photographs and graphics presented on the website, even if they aim at representing the Products as accurately as possible, are not contractual and can not engage the responsibility of the Seller.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
Article 11 – Applicable Laws – Language
The present Terms and the resulting transactions are governed by and subject to French law.
These Terms are originally written in French. Only the French text (see French Page) would be valid in case of dispute.
Article 12 – Disputes
For any complaint, please contact the Seller at its postal address (See Article 1) or by email at firstname.lastname@example.org.
The Customer is informed that he or she can in any case resort to a conventional mediation, with existing mediation bodies or any alternative dispute resolution organisation in case of dispute.
The Customer is also informed that he can also use the Online Dispute Resolution Platform (ODR): https://webgate.ec.europa.eu/odr/
All disputes relating to purchase and sale transactions concluded under these Terms & Conditions that will not have been settled amicably or by mediation between the Client and the Seller, shall be submitted to the Paris Court under the common law conditions.