Terms of sale
GENERAL CONDITIONS OF SALE
Last update on 05/01/2021
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (known as the “General Terms and Conditions”) apply, without restriction or reserve, to all sales concluded by the Seller with professional and non-professional buyers (“Customers”), wishing to acquire the products offered for sale ("The Products") by the Seller on the site https://www.vinyl-pressing.store and https://www.vinyl-pressing.com. The Products offered for sale on the site are:
custom vinyl records
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://www.vinyl-pressing.store and https://www.vinyl-pressing.com what the customer is required to know before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
Product offers are within the limit of available stocks, as specified at the time of placing the order.
These Terms and Conditions are available at any time on the site https://www.vinyl-pressing.store and will prevail over any other document.
The Client declares that it has read these Terms and Conditions and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the site https://www.vinyl-pressing.store.
In the absence of evidence to the contrary, 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:
MR GROOVES
Route de Trets, Saint Zacharie, France
Registration Number: RCS Draguignan 487 525 065
Email: info@vinyl-pressing.com
Telephone: +33 (0)7 83 39 89 80
The Products presented on the website https://www.vinyl-pressing.store and https://www.vinyl-pressing.com are available for sale in the following territories :
Worldwide
In case of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are provided at the applicable rates listed on the website https://www.vinyl-pressing.store and https://www.vinyl-pressing.com, at the time the Seller registers the order.
Prices are expressed in Euros and including taxes.
The rates take into account any discounts that would be granted by the Seller on the site https://www.vinyl-pressing.store.
These rates are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and delivered to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select on the website https://www.vinyl-pressing.store the Products he wishes to order, according to the following terms:
The Buyer who wishes to purchase a product online must follow the procedure described below.
The Buyer must complete the identification form on which he will indicate all the requested details. The Buyer must fill out the online order form by giving all the references of the chosen products, the desired quantities as well as transmit the data allowing the manufacture of his order (audio files and image files).
The information and information communicated by the buyer at the time of the order binds the latter. In the event of a seizure error(s), Heavy Grooves Records cannot be held responsible for the consequences that would entail and the impossibility of ensuring delivery. This clause is applicable in case of delay or delivery error: in this case, all costs incurred by the company Heavy Grooves Records for the redirection of the order will be entirely at the expense of the Buyer.
The Buyer checks the details of his order and its total price. It has the possibility to correct any errors, before confirming, in a second time the command.
The validation of the order results in the acceptance of the General Conditions of Sale, the recognition of having had a perfect knowledge of them and, if necessary, the renunciation to avail of its own conditions of purchase or other conditions.
You can also order by phone on +33 (0)7 83 39 89 80 Monday to Friday from 10:00 to 17:00 (French time).
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site https://www.vinyl-pressing.store constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order of a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is asked to create an account (personal space).
To do so, he must register by filling in the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and his contact details, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by logging into his account.
To access its personal space and order histories, the Customer must identify himself using his username and password, which will be communicated to him after his registration and which are strictly personal. In this respect, the Customer shall refrain from any disclosure. Otherwise, it shall remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or sending an email to: info@vinyl-pressing.com. It will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and/or use, the site https://www.vinyl-pressing.store will have the possibility to suspend or close a customer’s account after being sent electronically and left without effect.
Any account deletion, regardless of the reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account results in the acceptance of these general conditions of sale.
ARTICLE 4 - Conditions of payment
The price is paid by secure payment, as follows :
- payment by credit card
- or payment by bank transfer to the Seller’s bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider acting for the banking transactions carried out on the site https://www.vinyl-pressing.store.
Payments made by the Customer will not be considered final until the Seller has actually collected the sums due.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full in the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following areas:
World wide.
Delivery is made:By the delivery by a carrier of the goods to the buyer.
The delivery time indicated during the registration of the order is only indicative and is not guaranteed. Even though we allow for a 3-10 weeks manufacturing lead time for standard orders. An exact delivery date cannot be guaranteed. Delivery of products may be affected by circumstances typically described as force majeure.
Any delays in delivery and/or transportation may in no case justify the cancellation or termination of the order or contract, or the payment of any compensation by Heavy Grooves Records.
The entire transport risk is borne by the purchaser.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the purchase order upon receipt of said goods. In addition, these reservations must be confirmed in writing within five days of delivery by registered AR mail addressed to the company.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will be effected only after full payment of the price by the Customer, regardless of the delivery date of the said Products.
ARTICLE 7 - Right of withdrawal (cooling-off)
Due to the nature of the Products sold (customized products made on request), orders placed by the Customer do not benefit from the right of withdrawal. Article L221-28 of the French Consumer Code.
The contract is therefore concluded definitively as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these Terms and Conditions.
ARTICLE 7.1 – Return and refund
Certain types of items cannot be returned or refunded, like perishable goods (such as food, flowers, or plants), custom products (such as custom vinyl records, special orders or personalized items).
ARTICLE 7.2 – Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
ARTICLE 8 - Seller’s liability - Guarantees
The warranty of Heavy Grooves Records is expressly limited to the proper execution by Heavy Grooves Records of the manufacture of Products ordered by the Customer in accordance with the rules of the art and the stipulations of the order.For the manufacture of its Products, Heavy Grooves Records undertakes to produce them with all the efficiency of a professional, Heavy Grooves Records being subject only to an obligation of means.
During the warranty period of three (3) months after delivery of the Heavy Grooves Records Products undertakes to re-manufacture the Products found to be defective and subject to a claim by the Customer within 72 hours of the occurrence of the defect.
The consumer guarantee shall comply with the applicable legal guarantee in France.
The expiry of the warranty period terminates all contractual obligations of Heavy Grooves Records..
ARTICLE 8.1 – Exceptions
The Seller shall not be liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which the Customer must verify,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot be the responsibility of the Seller.
- When the defect results from materials supplied by the Customer
The Seller’s guarantee is, in any event, limited to the replacement of the Products that are non-compliant or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of its personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the website https://www.vinyl-pressing.store are as follows:
Account opening
When creating the Customer/user account:
Surname, given names, postal address, telephone number and e-mail address.
Payment
As part of the payment of the Products offered on the site https://www.vinyl-pressing.store, it records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
The personal data are used by the Seller and its co-contractors for the performance of the contract and to ensure the effectiveness of the sale and delivery of the Products.
The category(s) of co-contractor(s) is:
- Transportation providers
- Payment institution service providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of treatment
Unless the Customer expressly agrees, its personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organisational, technical, software and physical measures in terms of digital security to protect personal data from unauthorized alterations, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Client and User Rights
In accordance with the regulations applicable to personal data, the Customers and users of the site https://www.vinyl-pressing.store have the following rights:
- They can update or delete their data by emailing info@vinyl-pressing.com.
- They can delete their account by writing to the email address indicated in article 9.3 "Data controller"
- They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller"
- If the personal data held by the Seller are inaccurate, they may request the update of the information by writing to the address indicated in article 9.3 "Data controller"
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller"
- They may also request the portability of data held by the Seller to another service provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not interfere with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Client’s request, the Client must be justified.
The Customer is informed that, in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. They will always have the option to withdraw their agreement at any time by contacting the Seller (contact information above) or following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the site https://www.vinyl-pressing.store and https://www.vinyl-pressing.com is the property of Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offence.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions and the transactions resulting therefrom are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these Terms and Conditions.
The Client is informed that it may in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the present case, the appointed mediator is
FEVAD
60 rue la Boétie, 75008 Paris
https://www.fevad.com/mediation/#topContent
Email: relationconso@fevad.com
The Client is also informed that it may also use the online dispute settlement platform (RLL):https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded under these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of ordinary law.
ARTICLE 13 – Force Majeure
The company MR GROOVES cannot be held responsible for the non-performance of the order in case of force majeure. By express agreement, are also considered as cases of force majeure: unavailability of the product, disturbances, strikes (especially of carriers), theft or loss by the carrier, natural disasters, pandemic, war, riots, fire, stock shortage, any other natural disaster, even if the conditions of unpredictability, irresistibility and exteriority are not met.
With respect to products purchased to satisfy professional needs, MR GROOVES will not be liable for any consequential damages arising from this Agreement, loss of business, loss of profit, damage or expenses that may arise.