|GENERAL TERMS AND CONDITIONS OF SALE|
|MULANN GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE
Table of contents
The retail website www.recordingthemasters.com (hereinafter referred to as the “Site”) is the e-commerce site of MULANN Industries SAS, whose registered office is at 53 rue de la Division Leclerc – 50300 AVRANCHES, registered with the COUTANCES Registry of Trade and Companies under No. 808 891 436.
MULANN, which publishes and operates the Site, exclusively holds all rights on the Site, including, without limitation, the rights of reproduction, modification and adaptation.
The Site enables MULANN, as Seller, to offer for sale products, accessories and services (hereinafter referred to as the “Products” and “Services”) intended for listening, recording and archiving of sound, to any person (natural persons, companies, associations, administrations, etc.) residing in France (mainland France / Overseas Departments and Territories) or in the rest of the world.
However, for orders over 3,000 Euros, MULANN invites you to directly contact your team of professional sellers, by writing to firstname.lastname@example.org, or by telephone on 33 (0) 2 33 68 68 00. Indeed, some of these general conditions of sale and services will have to be modified, adapted or supplemented to take into account the characteristics of these orders (quantities, volumes, deadlines etc.), by way of special conditions of sale.
For the application of these general conditions of sale and service – (hereinafter referred to as the “GCS”), it is agreed that MULANN and the persons ordering a Product(s) or Service(s), will be referred to collectively as the “Parties” and individually as a “Party” or, in particular for MULANN, “MULANN” or the “Seller”, and for those having placed an order on the Site, the “Buyer”.
Article 1. Purpose
MULANN hereby defines the GCS governing the Seller’s and the Buyer’s contractual rights and obligations resulting from the placing of an online order for Products or Services offered on the Buyer’s Site, which constitutes a sale and forms a sales contract between the Parties.
The GCS, including the preamble which together form an inseparable whole, apply to the exclusion of any other document, unless otherwise provided by the Parties by way of special conditions of sale. They also govern all commercial transactions proposed by the Seller on the Site, such as discount sales, flash sales or any other form of promotion, unless otherwise provided by provisions that will be attached to these commercial operations and specified by the Seller when these operations are carried out.
Any order for a Product or Service implies the Buyer’s acceptance of these GCS, without reservation, restriction or condition.
MULANN reserves the right to modify the GCS, at any time, in whole or in part, by publishing a new version on the Site, it being specified that the applicable GCS are those in force on the date of the order.
Article 2. Products – Services
Only Products and Services appearing on the Site on the day of its consultation by the Buyer are offered for sale by MULANN. Offers concerning Products and Services are valid, while stocks last, as long as they are visible or proposed on the Site.
The information relating to Products and Services may be modified by MULANN, at any time, and may be updated, in particular concerning their availability, between the moment the Buyer consults them and his order.
MULANN makes every effort to ensure the accuracy of the information presented on the Site regardless of its form and content. However, MULANN declines all responsibility for this information, which remains the sole responsibility of the suppliers and manufacturers of the Products and Services. The use of the Products or Services ordered by the Buyer on the Site remains the sole responsibility of the Buyer and MULANN disclaims any liability for the use of a Product or Service, particularly in case of damage, of any kind, direct, indirect, material, non-material, consequential, concurrent or concomitant.
Article 3. Prices
All prices are indicated in Euros. The valid prices are those indicated on the Site at the time of the order and within the limit of available stocks (especially for all types of promotional offers related to said available stocks). The Seller reserves the right to change these prices, at any time, in whole or in part.
For orders placed throughout the European Union, these prices are increased by the VAT rate applicable in France and in force on the date of the order.
For orders placed outside the territory of the European Union, they are not subject to VAT and prices are net of VAT.
For any order, in addition to the price of the Product or Service plus VAT, if applicable, the Buyer must pay the delivery charges that will be indicated by MULANN at the time of order. For orders and deliveries made outside the territory of the European Union, the Buyer must also pay all customs duties and charges, import or registration taxes and any other charges that may be due on this order.
Article 4. Order
The Site is open for sales 7 days a week and 24 hours a day, including Sundays and public holidays, excluding maintenance and revision periods and in case of Force Majeure.
Orders will be processed as soon as possible by MULANN’s qualified staff as soon as the Buyer confirms payment of the order. However, orders placed on Sundays and public holidays will be processed on the next business day.
For orders of Products requiring the sizes and dimensions of the users, the Buyer must complete the specific form, indicating the requested information and attach it to his order. In case of dispute, only the information on this form will prevail.
Only orders made in accordance with the instructions specified on the Site may be processed by the Seller and give rise to delivery, subject to payment of the price and other costs of the Products or Services ordered as indicated below.
MULANN reserves the right to request additional information, postpone the processing or reject any order that does not comply with these instructions.
For the follow-up of orders, MULANN sends a confirmation of receipt of the order and the Products ordered. The Buyer can contact us either by email at: email@example.com, or by phone on +33 ( 0) 2 33 68 68 00.
Article 5. Payment – Ownership
The payment of the price and other costs or taxes is made in Euros and for the full amounts corresponding to the orders.
The Buyer can make his payment by:
For payments by bank card, they are made directly and automatically on the payment server of the Seller’s and Buyer’s banks. Since this server is secured by SSL (Secure Socket Layer) encryption so as to protect all data related to means of payment, at no time does the Buyer’s bank data transit through MULANN’s computer system.
No delivery will be made before receipt by MULANN of the full payment of the order, regardless of the payment method chosen by the Buyer.
Notwithstanding any clause or provision to the contrary, the Seller has a right of retention of title on any Product ordered until it receives full payment of its price and any related fees and taxes. The transfer of ownership of the Product to the Buyer will only occur after this payment is made.
Article 6. Delivery
6.1 MULANN will make its best efforts to deliver Products as soon as possible.
Products are delivered to the shipping address indicated by the Buyer at the time of the order and by default to his home address. Any modification concerning the shipping address or any other information communicated by the Buyer for the delivery, must be notified in writing or by email to the Seller, to be effective and taken into account by the Seller. Any additional costs or time resulting from this modification will be borne and remain under the sole responsibility of the Buyer.
The ordered Products are delivered accompanied by the corresponding invoice and, if applicable, the necessary documents for deliveries outside mainland France.
For all deliveries in mainland France, the Seller uses the La Poste distribution network by default with one of the shipping formulas proposed by La Poste depending on the characteristics of the Products to be shipped, unless the Buyer decides otherwise when placing the order and informs the Seller with all the necessary details.
For any delivery outside mainland France, the Seller will offer the Buyer a transport solution, the most suitable according to the nature and specificities of the order, which must be confirmed by the Buyer at the time of the order. No delivery will be possible before the final validation of the transport solution.
MULANN declines any responsibility for any delay or non-delivery, attributable to La Poste, the carrier or another distributor and their assigns and, in any event, in case of Force Majeure as defined in Article 11.1 below.
Upon receipt of the order, the Buyer must verify the conformity of the Products received; any anomaly such as: Missing, incomplete or damaged product and any significantly damaged package, must be notified immediately to the carrier according to its specific rules, and in any event to to MULANN:
The provisions of Article 7 below shall apply to the exclusion of any other obligation incumbent on MULANN.
For tracking deliveries, MULANN informs the Buyer by email of the partial or total shipment of his order and, where applicable, the tracking number of the parcel on the carrier’s website.
MULANN makes its team of professional sellers available to the Buyer, either at the email address: firstname.lastname@example.org, or by phone: 33 (0)2 33 68 68 00.
Article 7. Returns: Non-compliance – Withdrawal
The Buyer has a period of 15 days, from the date of receipt of the delivery, to return the Products ordered to MULANN, either because of their non-compliance with the order as stipulated in Article 6.2 or under his simple right of withdrawal and, in this case, without no obligation of motive or cause. This period is extended to 30 days for any Product whose delivery has taken place outside the territory of the European Union, with the exception of Switzerland and Norway.
Beyond this period, MULANN is under no obligation towards the Buyer regarding the order and the Product(s) ordered, except in the framework of the warranty and after-sales service obligations incumbent on MULANN as stipulated in Article 8 below.
In all cases, the Buyer is obliged to return the Product(s) concerned to MULANN, in the same condition as that of their initial delivery, along with their accessories, all the elements that together form a Product (ex: top and bottom) and their complete packaging or packing, accompanied by documents completing the initial delivery (invoice, etc.), and for cases of return for non-compliance, proof of non-compliance of the order and of their notification to MULANN.
The return transport conditions will be the same as those for the initial delivery, in particular for the choice of the carrier or distributor, unless otherwise agreed between the Parties.
The Buyer undertakes to communicate to MULANN all relevant information relating to the return of the Product(s) and to provide any necessary assistance.
Subject to the stipulations above, MULANN proceeds, at its expense, either with a standard exchange, within the limits of available stocks, or the reimbursement of the order, at the choice of the Buyer.
In cases of return for non-compliance, MULANN bears the cost of shipping and returning the Product(s); in cases of return for withdrawal, these costs are borne by the Buyer.
In all cases of return giving rise to a standard exchange, the shipping and delivery costs are borne by the Buyer.
In all cases of return giving rise to a refund, MULANN makes the refund using the same method as the one used by the Buyer to pay the order, and as soon as possible.
However, in the event of a return following the exercise of the right of withdrawal, if it is established that the Product(s) concerned, their accessories and their packaging or packing have been altered or damaged by Buyer, MULANN reserves the right not to reimburse the Buyer.
In all cases of return, the obligations of MULANN stipulated by the above provisions are exclusive of any other obligation towards the Buyer and impose no other charge on MULANN, particularly in case of damage or injury, direct, material, indirect or non-material, consecutive or not, invoked by the Buyer.
Article 8. Warranty – After-sales service
All Products offered and sold by MULANN on the Site benefit from legal warranties, including those relating to hidden defects, for a maximum period of (2) two years from the date of the order, and within the limits of manufacturers’ warranties, except as otherwise expressly stated on the Site for certain Products.
The warranty covers spare parts, assembly and disassembly, labour and the costs of shipping and return from the Buyer’s delivery address.
For any repair longer than 15 days, the warranty period covering the Product concerned is extended accordingly.
The Buyer is obliged to justify his order to MULANN to benefit from the warranty for the Product(s) concerned.
However, MULANN is under no warranty obligation in all cases where damage, defects or other disorders affecting the Product(s) its attributable to the Buyer, his assigns or a third party, abnormal or abusive use or use contrary to the instructions for use or user guide issued by the manufacturers or suppliers or a case of Force Majeure.
MULANN makes available to any Buyer an after-sales service authorised to carry out repair operations on the Products at the end of their warranty period. In this case, the repair operations are carried out after acceptance of estimates drawn up by MULANN indicating the costs (parts and labour) and estimated time, and to the extent of the availability or supply capacity of spare parts.
In case of loss, theft or destruction of any Product entrusted by a Buyer to MULANN within the framework of warranty or after-sales service operations, MULANN’s liability is strictly limited to the lowest value of purchase or use of the Product.
MULANN’s warranty and after-sales service obligations stipulated by the above provisions are exclusive of any other obligation towards the Buyer and impose no other charge on MULANN, particularly in case of damage or injury, direct, material, indirect or non-material, consecutive or not, invoked by the Buyer.
Article 9. Personal data
All personal data communicated by the Buyer to MULANN is considered and treated by MULANN as confidential information. However, MULANN reserves the right to use it for the purposes of managing the relationship with its customers and prospecting, and subject to the agreement of the Buyer, to make it available to its partners, to allow the Buyer to benefit from their offers.
However in accordance with the Data Protection Act of January 6, 1978, updated by the Law of August 6, 2004, the Buyer has at any time a right of access, rectification and opposition on data concerning him with MULANN. To exercise this right, the Buyer must send a letter to the following address: MULANN Industries, 53 rue de la Division Leclerc, 50300 Avranches, or an email to email@example.com, and keep the proof of his request.
Upon receipt, MULANN undertakes to take the necessary action and to justify it on request.
MULANN explicitly reserves the right, at any time, to modify, supplement or delete all or part of the Site or its constituent elements, to temporarily interrupt the publication or to definitively terminate it.
MULANN declines any responsibility for any damage suffered by the Buyer due to or during the use, visit, connection or disconnection to the Site, including due to redirections to other sites via hypertext links on the Site.
– Web Beacons:
Some pages of the Site may contain web beacons that count the number of visitors to the Site and/or provide MULANN with a certain number of indicators.
These Web Beacons can be used with some of MULANN’s partners, especially to measure and improve the effectiveness of the Site.
In any case, the information obtained via these Beacons is strictly anonymous and simply allows to gather statistics on the flow of visitors to certain pages of the Site, to better serve the Site’s Buyers.
Article 11. Miscellaneous provisions
11.1. Force Majeure
MULANN will not be liable for the total or partial non-performance of its obligations under the sales contract arising from the validated order, if this non-performance is caused by a Force Majeure event, as usually accepted according to the criteria defined by the case law of the French courts, and in particular in case of disruption or total or partial strike affecting the postal services and means of transport and/or communication, flood, fire or other natural disasters.
MULANN will notify the Buyer of any force majeure event within 10 working days of its occurrence.
The Parties agree to consult each other as soon as possible in order to determine how the order will be handled during the Force Majeure event.
Beyond a period of one (1) month of interruption for Force Majeure, the Parties will be released from their obligations toward one another. If applicable, MULANN will refund the Buyer as soon as possible.
MULANN strives to respect in all publications the intellectual property rights of images, graphics, sound documents, video sequences and texts used, to use images, graphics, sound documents, video sequences and texts created by it or to use images, graphics, sound documents, video sequences and texts free of licence rights.
All trademarks mentioned on the Site that may be protected by third parties are subject without any restriction to the provisions of the trademark law in force and the property rights of the owners concerned. A single mention does not allow to conclude that the trademarks are not protected by third-party rights. Reproduction or use of such images, graphics, sound documents, video sequences and texts in other electronic or printed publications is prohibited without the express permission of MULANN.
The GSC and the documents sent to the Buyer on delivery, form a contractual whole summarising the entire sales contract between the Parties, for the purpose of the order.
If one or more provisions of these GCS Conditions are held invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other provisions will remain in full force and effect.
The fact that one of the Parties does not invoke a breach by the other Party of one of its obligations under the GCS cannot be interpreted at any time as a waiver and does not prevent the Party concerned from invoking this obligation at any other time.
MULANN reserves the choice of media needed to archive invoices and other documents relating to any transaction to keep a reliable, faithful and sustainable traceability.
The GCS and the contractual relations between the Parties are subject to French law to the exclusion of any conflict of laws rule, including in the case of orders placed outside France or by a Buyer domiciled outside France.
In case of dispute, the French courts will have sole jurisdiction and in the case of disputes with a Buyer who has the status of trader, only the Courts of Brest will have jurisdiction.
However, MULANN undertakes to endeavour to seek an amicable solution before any legal action.
Mulann has chosen to charge you the actual delivery costs based on weight and destination. Transport has a cost and we negotiate the best shipping costs with various service providers for your benefit.
Mulann declines any responsibility for delivery delays attributable to the chosen service provider.
MULANN has chosen the secure payment solution of the bank BPO which accepts the national “carte bleue”, Visa and Mastercard (national and international).
The information you provide on your credit card (number and expiry date) is stored directly on BPO’s server, which uses a protocol to encrypt and guarantee the confidentiality of data transiting over the Internet.
MULANN does not store any information on credit card payments.
To increase transaction security, this payment solution uses the new 3D Secure security standard.
Make your transfer using the following bank details:
BIC SWIFT: CCBPFRPPREN
Account holder: Mulann Industries SAS
Name and address of the Bank: BPO
Please specify your order number when you make the transfer.
The processing of your order will begin upon receipt of the funds in our account.
With PayPal, you pay without providing your billing information. Open a PayPal account, then use your email address and PayPal password to make payments.
Fees may be charged for certain types of transactions, such as the conversion of foreign currency. For more details, please consult the PayPal website.
|Publication of the Site:
Address: 53 rue de la Division Leclerc 50300 Avranches
Company name: Mulann Industries
Legal form: SAS
Share capital: 100 000 Euros
SIRET No.: 80889143600012
Registry of Trade and Companies: Coutances 808 891 436
Intercommunity VAT No. FR 808891436
Mr. Jean-Luc Renou – ManagementDesign and creation of the site:
Kaeness registered office
25, rue de Général Foy
RCS Paris 510 420 532
on the OVH platform
RCS LILLE METROPOLE 424 761 419 00045
Registered office: 2, rue Kellermann
BP 80157 – 59053 ROUBAIX CEDEX 1 – France
The website uses the WOO-COMMERCE e-commerce/online sales solution
Respect for privacy and personal data:
Data is collected for the sole purpose of establishing a business and professional relationship with customers.
Personal data is stored by MULANN for a reasonable period of time. If the person does not provide all the information requested in the mandatory forms of the site (*Required fields), they cannot send the form and cannot contact MULANN. In accordance with the Data Protection Act No. 78-17 of January 6, 1978 relating to the protection of individuals with regard to the processing of personal data amended by Law No. 2004-801 of August 6, 2004, the collection, automated registration and storage of personal information is carried out on this website within the framework of a declaration of processing of personal data made to the French Data Protection Authority (Commission nationale de l’informatique et des libertés (CNIL)). www.recordingthemasters.com may use tracking codes provided by its partners to verify the effectiveness of its communication campaigns. The right of access and rectification provided for in Article 34 et seq. of the aforementioned law is exercised by sending a letter to the following address: MULANN Industries – 53 rue de la Division Leclerc – 50300 Avranches.
The photographs used in this site are the subject of reserved rights. They cannot be used or duplicated without the written permission of Mulann.
This entire site is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for iconographic and photographic representations. The reproduction of all or part of this site, regardless of the medium, is strictly prohibited except with the express authorisation of the director of publication.
In order to ensure its security and its access to all, this website uses software to control flows on the site, to identify unauthorised attempts to connect or change information, or any other initiative that may cause other damage. Unauthorised attempts to load information, tamper with information, to cause damage and in general any attack on the availability and integrity of this site are strictly prohibited and will be punishable by the Penal Code. Article 321.1 of the Penal Code sets forth that the fact of accessing or remaining, fraudulently, in all or part of an automated data processing system (such as a website) is punishable by two years’ imprisonment and a fine of 30,000 Euros. Article 323-3 of the same Code provides that the fraudulent introduction of data into an automated processing system or the fraudulent deletion or modification of the data contained therein is punishable by five years’ imprisonment and a fine of 75,000 Euros.
We sincerely hope that you will be completely satisfied with your purchases from Mulann.
However, if you wish, you have 30 days from the date of delivery, to return one or more items for exchange or refund. However, the shipping costs for the return of one or more items remain your responsibility. Products must be returned to us unused, in their original packaging and with the labels.
If, unfortunately, you receive a defective article, please send us a photo by email and we will open a procedure to process your claim. . This procedure will be done by exchange of emails.
If an article becomes defective after a certain period and certain use, please contact our after-sales service before returning the article.
In all cases, please do not hesitate to contact us by phone on 02.33.68.68.00 or by email at firstname.lastname@example.org
Please contact us by phone on 02.33.68.68.00 or by email at email@example.com before returning your product. If, after agreement of both parties, you return a product to us, please attach the invoice to the package and send it to the following address:
53 rue de la Division Leclerc
Please note that the goods returned remain your responsibility until they are delivered to Mulann. We recommend that you choose a delivery method with a tracking number and which, depending on the value of the product(s), can also be insured.