Terms and conditions of sale
Preamble
The General Terms set out herein are applicable to legal operations in connection with products commercialized by to its clients on NOTHING BUT REAL’s virtual boutique.
Definitions
The following words and expressions shall have the meaning hereinafter:
Internet Boutique: shall designate NOTHING BUT REAL’s Internet site on which the Products are presented and sold to clients.
Sales Order: shall designate the sales contract concluded between and the client of ‘s Internet Boutique.
Product Index Card: shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
Products: shall designate all goods and services sold by on ‘s Internet Boutique.
Service: shall designate the selling of Products by to clients of ‘s Internet Boutique.
Transaction: shall designate all operations, secure processing, authorizations and agreements pertaining to payment of the price of Products ordered by credit card, check or bank transfer.
Article 1 – Purpose
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which NOTHING BUT REAL offers and sells its products to its customers. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing.
Article 2 – Acceptance of conditions
The client acknowledges having read and understood these General Terms and Conditions of Sale at the time the Sales Order was placed, and expressly declares having accepted them unreservedly. The present General Terms and Conditions of Sale govern the contractual relationship between NOTHING BUT REAL and its clients, and are accepted unreservedly by both parties.
Article 3 – Products
The photographs illustrating the Products are not contractually binding. NOTHING BUT REAL cannot be held responsible for any errors that may have been made. The majority of products offered by NOTHING BUT REAL are dispatched within 72 working hours, unless otherwise stated.
In the event of longer delivery times, NOTHING BUT REAL undertakes to inform the customer by telephone or email of the additional delay.
However, all products marketed by NOTHING BUT REAL may or may not be sold online.
Article 4 – Ordering
The automatic registration systems are considered as proof of the nature, content and date of the Sales Order.
NOTHING BUT REAL will confirm the acceptance of the Customer’s order by sending a confirmation message to the e-mail address provided by the Customer. The sale will only be concluded once this order confirmation has been sent.
NOTHING BUT REAL reserves the right to refuse or cancel any order from a customer, particularly in the event of the insolvency of the said customer or in the event of non-payment of the order concerned or of a previous delivery or of a dispute relating to the payment of a previous order.
The information provided by the customer when entering the order information is binding on the customer. NOTHING BUT REAL cannot be held responsible for any errors made by the customer in the details of the recipient of the order (delivery address, invoicing address in particular, email address, telephone number) and for any delays in delivery or the impossibility of delivering the products ordered that these errors may cause.
Article 5 – Delivery
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, will ship the Product(s), under responsibility, to the client or recipients address within workdays (subject to availability).
All Products set out in the Sales Order transmitted to NOTHING BUT REAL are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If applicable, the client is responsible for all taxes and fees associated with the shipment of the Product(s), in accordance with the laws of his or her country; NOTHING BUT REAL shall in no way be held responsible for said taxes and fees.
Shipping costs include preparation and packaging costs as well as postage costs. Preparation costs are fixed, whereas transport costs vary.
Deliveries will be made by traditional mail or Colissimo according to your choice, with or without a tracking number and delivered without a signature. Our delivery rates are available according to the size of the product before the order is settled. Any delays in delivery attributable to the carrier or NOTHING BUT REAL do not entitle the customer to claim damages.
The Products ordered are transported at the recipient’s risk. On receipt of the Products ordered, the recipient must check that the goods delivered are in good condition. In the event that one or more of the products ordered are missing or damaged, the recipient must make any necessary reservations with the carrier at the time of delivery.
The consumer will check the general appearance of the packaging of the product delivered; in the event of damage, he/she undertakes to report it on the delivery note, carefully detailing the damage noted. He will also inform NOTHING BUT REAL as soon as possible. In the event of non-conformity of the goods delivered, NOTHING BUT REAL undertakes to exchange the product or reimburse the consumer (except for special orders).
NOTHING BUT REAL cannot be held responsible for lost, stolen or undelivered parcels. Except in special cases, a return may be considered. Re-shipment or processing costs may be deducted, up to a maximum of 50% of the value of the order, except in the case of an error attributable to the seller.
If the parcel still does not arrive at its destination after the second shipment and the carrier is at fault, the order may be cancelled. No reimbursement will be made without compensation from the carrier.
War, riot, fire, weather, strikes, accidents, a large-scale zombie attack and the impossibility of being supplied are considered to be cases of force majeure releasing NOTHING BUT REAL from its obligation to deliver. For reasons of availability of the products ordered, an order may be the subject of several successive deliveries to the customer.
If the customer would like the products ordered to be delivered to two separate addresses, they must place two separate orders. We cannot group two orders placed separately and shipping charges will apply to each of them. We recommend that you combine all your items in a single order.
Article 6 – Withdrawal
The customer has a period of 14 days from receipt of the products ordered to return them to NOTHING BUT REAL for exchange or reimbursement in the form of a credit note. The right of withdrawal does not apply to personalised products or to items that have been worn or used. The customer must return the products new, unworn, in their original packaging, intact, accompanied by any accessories.
For any return of other products, delivery must be made within the above-mentioned period to the following address:
Soundload Production – 15 Place Henri Neveu 92700 Colombes
In the event of exercising the right of withdrawal, NOTHING BUT REAL undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the cost of returning the goods within 30 days by cheque, paypal or bank transfer.
Article 7 – Prices
The price is expressed in euros (€). The price indicated on the product sheets does not include transport costs.
The price indicated in the order confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the products, the costs of handling, packaging and preservation of the products, transport costs and delivery costs.
Article 8 – Applicable law
These general terms and conditions of sale are governed by French law.
Article 9 – Liability
NOTHING BUT REAL uses the STRIPE and PAYPAL services for online payment. NOTHING BUT REAL cannot be held responsible in the event of a bug, error relating to security or fraud inherent in these services.
NOTHING BUT REAL cannot be held responsible for damages of any kind, whether material, immaterial or physical, which may result from improper functioning or improper use of the Products marketed. The same applies to any modifications made to the Products by the manufacturers.
NOTHING BUT REAL’s liability shall in any event be limited to the Sales Order price, and shall not be held liable for any trivial errors or omissions despite the precautions made by NOTHING BUT REAL in handing over the Products. In the event of difficulties in the application of the present contract, the customer and NOTHING BUT REAL reserve the possibility, before any legal action, of seeking an amicable solution.
Should this first attempt fail, the parties undertake to seek a solution from a mediator before taking any legal action. The parties undertake to communicate their intentions by letter with acknowledgement of receipt and to allow a cooling-off period of eight days from receipt of the said letter. The parties agree that any dispute arising from this contract shall fall within the exclusive jurisdiction of the supplier’s courts.
Article 10 – Guarantee
In all cases, NOTHING BUT REAL cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt. The liability of NOTHING BUT REAL is systematically limited to the value of the product in question, determined at the date of sale, without any possibility of recourse against the brand or the company producing the product.
In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the French Civil Code. The customer may contact the NOTHING BUT REAL team by e-mail at contact@nothingbutreal-theband.com.
Response within 72 hours.
Article 11 – Legal information
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.
In accordance with the RGPD, customers have the right to access, rectify, delete or limit the processing of their data, which they may exercise by writing to the following address: contact@nothingbutreal-theband.com
NOTHING BUT REAL undertakes not to communicate, whether free of charge or in exchange for payment, the details of its customers to a third party.
