TERMS AND CONDITIONS OF THE ONLINE SHOP
APPLICABLE ON THE DATE OF 01/01/2019
ARTICLE 1 – GENERALE PROVISIONS
These General Condition of Sales determine the rights and obligations of the parties in connection with the online sale of products offered by the provider Benjamin Simao Luthier – Atelier Tri Nox Samoni, these products are available on the page “Shop” of the website www.trinoxsamoni-lutherie.com. and are :
- String instruments
- Wind instruments
- Accessories
- Multimedia content
The main features of the string instruments, wind instruments, accessories, multimedia content, services, etc. are described on the page “Shop” of the website www.trinoxsamoni-lutherie.com.
The customer is required to read it before placing an order. The choice and purchase of products is the sole responsability of the customer.
These General Condition of Sales are accessible at any time on the website www.trinoxsamoni-lutherie.com and will prevail any other document.
The customer declares being aware of these General Condition of Sales and accept them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the website www.trinoxsamoni-lutherie.com.
Data registered in the provider’s computer system constitutes proof of all transactions concluded with the client, unless proven otherwise.
The details of the provider are as follows :
Benjamin Simao Luthier – Atelier Tri Nox Samoni, commercial activity of Benjamin Simao registered under n° SIREN 430 263 616
Adress : Creisquer – 29710 GOURLIZON
Mail : atelier@trinoxsamoni-lutherie.com
Phone : 06 10 49 37 07
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expenses of the customer and are the sole responsibility of the customer.
ARTICLE 2 – PRICES
The prices are listed on the page “Shop” of the website and are expressed in Euros all taxes included (*VAT not applicable, article 293 B du CGI).
These prices are firm and non-revisable and the provider reserves the right to modify them at any time without notice.
The prices do not include processing fees, shipping, delivery, which are charged extra, under the conditions indicated on the website and calculated before placing the order.
The final payment requested from the customer is the total amount of the purchase, including these costs.
An invoice is made by the provider and given to the customer during the supply of the products ordered.
Some orders may the subject of a previous cost estimate. The cost estimate established by the provider are valid only for a period of 1 month after being established.
ARTICLE 3 – ACCOUNT
The customer is asked to create an account if he want to place an order.
To do this, he must register by completing the form that will be proposed to him at the time of his order and undertakes to provide accurate informations about his status and contact informations, including his email address.
The customer is responsible for updating the informations provided. He is told that he can modify them by logging into his account.
To access his personnel space and orders history, the customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the customer prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The customer may also request unsubscription by sending an email to : atelier@trinoxsamoni-lutherie.com. This will be effective within a reasonable time.
In case of non-compliance with the conditions of sale and/or use, the website www.trinoxsamoni-lutherie.com will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained without effect.
Any account delection, whatever the reason, causes the outright deletion of any personal informations of the customer.
Any event due to a case of force majeure resulting in a malfunction of the website or server and subject to any interruption or modification in case of maintenance, does not incur the liability of the provider. out événement dû à un cas de force majeure ayant pour conséquence un dysfonctionnement du site ou serveur et sous réserve de toute interruption ou modification en cas de maintenance, n’engage pas la responsabilité du Prestataire.
Creating an account entails the acceptance of these terms and conditions of sale.
ARTICLE 4 – ORDERS
Products availability
The availability of a product is stipulated on the product sheet, only the words “in stock” or “Available on backorder” appears.
In the case of a product with the words “Available on backorder”, the customer will be able to buy the product but the production time will vary between 2 to 10 months depending on the choice of the product and the schedule of the workshop (It may also differ depending on certain technical, personal constraints, etc.).
The customer will be notified by email of all useful informations regarding the manufacture of his instrument or accessory.
Order process
The customer must follow a series of steps specific to each product in order to place an order.
However, the steps described below are systematic :
- Informations on the features of the product
- Choice of the product and its options and indication of the essential data of the customer (identification, address…)
- Acceptance of the terms and conditions of sale
- Verification of the order and if necessary correction of errors
- Payment of the products
- Delivery of the order
Order validation
The sale will be considered valid only after full payment of the price, the products remain the property of the company until full payment of the price.
It is the customer’s responsability to check the accuracy of the order and report any errors immediately.
The customer will receive confirmation by email of the payment, as well as an acknowledgment of receipt of the order.
For shipped products, this delivery will be made to the address indicated by the customer.
Any order placed on the website www.trinoxsamoni-lutherie.com constitutes a contract concluded between the customer and the provider.
ARTICLE 5 – ORDERS OUT OF ONLINE SHOP
Validation of the order and payment
In the case of a special order subject to a preliminary cost estimate, the order will be registered only after the signature and acceptance of a cost estimate and the payment of a non-refundable deposit of 30% of the value of the instrument or accessory.
When the order is confirmed, any option and/or modification entails an additional cost.
During the manufacturing time of some instruments that request time for example (but not limited too), intermediate payments are requested corresponding to some stages of construction.
The remaining balance is due no later than the delivery of the instrument.
Manufacturing time
When the order is confirmed, a more accurate delivery date is set.
The production time can vary from 2 to 10 months (sometimes more), depending on the choice of the instrument and the schedule of the workshop.
This may differ depending on certain constraints (technical personal, etc.).
For an additional cost, it is possible to deliver the instrument sooner.
Delivery
The customer is invited to come and collect the instrument at the workshop.
The instrument or accessory can be worldwide shipped via post or any other (inter)national express transport.
Fees charged to the customer and are specified when ordering.
ARTICLE 6 – PAYMENT TERMS
Payement is due immediately upon ordering, including for products with the words “Available on backorder”.
In accordance with Article L. 132-2 du Code monétaire et financier, the commitment to pay given by card is irrevocable.
By providing his bank informations during order, the customer authorizes the provider to debit his card with the amount relating the price indicated.
The customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it.
In case of error, or inability to debit the card, the sale is cancelled as of right, immediately.
Payments are made by secure payment methods only as follows :
- Payment by credit card via the secure platform STRIPE.
- Payment by bank transfer (transfer of funds from bank to bank)
- Payment upon delivery (valid only when the customer picks up his instrument directly at the workshop) by cash or credit card.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions carried out on the website www.trinoxsamoni-lutherie.com.
The payments made by the customer will be considered as final only after actual receipt of the sums due, by the provider.
The provider shall not be obliged to proceed with the delivery of the products ordered by the customer if the customer does not pay the price in full under the conditions indicated above.
ARTICLE 7 – DELIVERY OF PRODUCTS & SERVICES
Products ordered by the customer will be delivered as follows :
Contact with the customer within 6 business hours following the placing of his order.
These products will be delivered within a maximum period of 1 month from the final validation of the customer’s order, under the conditions set out in these Terms and Conditions of Sale to the address indicated by the customer when ordering on the website www.trinoxsamoni-lutherie.com.
The provider undertakes to make its best efforts to provide the products ordered by the customer, within the framework of an obligation of means and within the deadlines specified above.
However, these deadlines are given as an indication.
In case of special request from the customer concerning the delivery terms of the products & services, duly accepted in writing by the provider, the related costs will be the subject of a subsequent additional specific invoicing.
Different means of delivery and their delivery costs are available in the “Total Basket” section.
Instruments and accessories can be delivered via the Colissimo solution. A tracking shipment that is delivered directly to your home, whether for national or international delivery. It’s a simple and effective way to get yourself delivered at home.
Delivery at a pick-up point is also possible, but for some countries only.
I usually ship orders (accessories and / or instruments in stock) between 2 and 4 working days. However, in exceptional circumstances, such as when traveling, I may not be able to meet these deadlines. In this case I will inform you as soon as possible.
ARTICLE 8 – PRODUCT RETURNS & LITIGATION
The provider reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order.
It is the customer’s responsibility to ensure at the time of delivery, in the presence of the carrier, that the packages do not bear any trace of suffering, debris or break-ins and that the number of packages corresponds to that mentioned on the transport documents.
The customer must mention the reservations on the transport documents, or failing this, notify them, in accordance with Article L. 133-3 du Code de la consommation, to the carrier by registered letter with acknowledgment of receipt at the latest in the three days after delivery, with copy to Benjamin Simao Luthier – Atelier Tri Nox Samoni.
Otherwise, no claim can be accepted by Benjamin Simao Luthier – Atelier Tri Nox Samoni.
In accordance with Article L. 121-20 du Code de la consommation, the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return fees.
The right of withdrawal can be exercised by contacting the provider by e-mail or phone.
We inform the customers that in accordance with Article L. 121-20-2 du Code de la consommation, this right of withdrawal can not be exercised for intangibles and consumables.
Any cancellation of order by the customer will not be possible before the supply of the products (independently of the provisions relating to the application or not of the legal right of retraction).
Products must be returned in their original undamaged packaging (failing this, the return can not be accepted) as well as the delivery note or the corresponding invoice.
Returned products are subject to quality control before making any decision.
In case of return of goods due to the fact of the customer, handling charges are deducted up to 25 €. In the event of proven litigation, default interest is suspended.
No claim can be validly accepted in case of non-compliance with these formalities and deadlines by the customer.
In case of cancellation of the order by the customer after its acceptance by the provider less than 14 days at least before the scheduled date for the supply of the products ordered, for any reason except force majeure (and if applicable except the application of the legal right of withdrawal in the event that it could apply), an amount corresponding to 50% of the total amount of the purchase will automatically be acquired by the provider and billed to the customer, as damages and interest in compensation for the damage.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs will be borne by the customer.
The reimbursement of the amounts actually paid by the customer will be made within 14 days by bank transfer only from the receipt, by the provider, of the notification of the withdrawal of the customer.
All disputes to which the purchase and sale transactions concluded pursuant to these terms and which would not have been the subject of a friendly settlement between the seller and the customer, will be submitted to the competent courts under the conditions of law common.
ARTICLE 9 – GUARANTEES
Instruments and accessories are guaranteed against all manufacturing defects for a period of 3 years from the date of delivery.
A revision of the instrument or accessory is offered (valid the year after the purchase), the other revisions are the responsibility of the purchaser.
The costs of return to the workshop (return trip) are also the responsibility of the purchaser.
This warranty can only apply to the first owner and to the extent that the instrument has not undergone any repair or intervention by a third party.
The warranty does not cover damages not due to a manufacturing problem or those related to improper use, storage and maintenance of the instrument (shock, exposure to strong temperature and hygrometry variations, varnish scratches, etc.). )
The warranty does not apply in the case of damages occurring during the delivery of the instrument or accessory by the carrier.
Tips for the care and maintenance of instruments and accessories
String instruments
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Keep the instruments in an environment with a humidity between 45% and 70% maximum. Exposure to moisture levels of less than 45% or greater than 70% may result in significant and irreparable damage such as cracking, deformation of the parts constituting the instrument, etc.
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It is strongly recommended to store the instrument in its case and to ensure that it is properly closed. The storage conditions can be improved by the presence of a humidifier in the room where the instrument is stored and checked with a hygrometer. These accessories are highly recommended because they allow to follow the seasonal evolution of the hygrometry which tends to fall during cold periods and to increase during hot periods.
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It is not recommended to apply on the instrument any product such as beeswax, etc. but advised to contact the luthier directly for a maintenance in the rules of art. The storage of an instrument near a source of heat, under full sun, in a car trunk in hot weather, against a stone wall in winter, under the rain, etc., must be absolutely avoided under pain of significant damage.
Let it penetrate for a few hours, preferably in a vertical position to ensure a better distribution, then remove all the excess that the wood would not have absorbed in the bore and the holes. For this you can use absorbent wiping paper.
ARTICLE 10 – DATA AND LIBERTIES
Pursuant to Law 78-17 of 6th January 1978, the personal data requested from the customer are necessary for the processing of his order and the preparation of invoices.
This data may be communicated to the provider’s partners who are responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.trinoxsamoni-lutherie.com has been declared to the CNIL, number 2013689.
The customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
This right may be exercised in the manner described in the “Legal notices” section of the website www.trinoxsamoni-lutherie.com.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website www.trinoxsamoni-lutherie.com (brands, domain names, products, software, images, videos, texts or more generally any information object of intellectual property rights) are and remain the exclusive property of Benjamin Simao and is protected by French and international laws relating to intellectual property.
No assignment of intellectual property rights is carried out through these Terms and Conditions of Sale.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.
ARTICLE 12 – APPLICABLE LAW – LANGUAGE
These Terms and the resulting transactions are governed by and subject to French law.
These Terms are written in French.
In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.