Terms and Conditions of Sale
BEST OF BOTH WORLDS
SARL with a capital of 5000 euros
Registered with the RCS of Melun under SIRET number 844112516
Whose registered office is located at 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Tel: 01.83.62.21.42
1. Seller designation
This site is accessible at store.sonymusic.fr. It is published by Shopify.
BEST OF BOTH WORLDS customer service can be reached at the contact details indicated above.
2. General provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTCS".
2.1 Purpose of the GTCS:
The GTCS are applicable exclusively to the online sale of products from SARL BEST OF BOTH WORLDS on its sole merchant site store.sonymusic.fr. They are written in French and in case of doubt about the interpretation of any translation, only the original French version will prevail.
They constitute, along with the order form validated by the consumer, the contractual documents enforceable against the parties.
2.2 Scope of application of the GTCS
The GTCS exclusively govern online sales contracts for products from SARL BEST OF BOTH WORLDS (hereinafter, "the seller") to buyers who qualify as consumers (hereinafter, "consumers"). They constitute, with the order confirmation email, the sole contractual document. Under no circumstances can they prevent the exercise of the right of withdrawal enjoyed by the consumer.
2.3 Availability and enforceability of the GTCS
The GTCS are made available to consumers on the store.sonymusic.fr website.
The consumer acknowledges having accepted all of the GTCS without reservation by validating the payment.
Validation of the order by its confirmation constitutes acceptance by the buyer of the GTCS in force on the day of the order. The retention and reproduction of the GTCS are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the GTCS
The seller reserves the right to modify the GTCS at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer.
In the event of modification of the GTCS, the applicable GTCS are those in force on the day of the order.
2.5 Severability clause of the GTCS
The possible nullity of one of the clauses of the GTCS does not entail the nullity of the GTCS as a whole; only the clause deemed unwritten loses its effect.
The temporary or definitive inapplicability of one or more provisions of the clauses of the GTCS by the seller cannot be considered as a waiver on his part of the other clauses of the GTCS, which continue to produce their effects, to his eventual advantage.
3. Products
3.1 Characteristics
Consumers who wish to can obtain additional information on a product by making a request to the seller's customer service.
Each product offered for sale on the site is subject to a description mentioning its essential characteristics, in accordance with article L.111-1 of the Consumer Code.
Consumers who place an order in the possible absence of information on a product are deemed to accept it in the actual condition in which it will be delivered.
Differences may exist, including but not limited to, the actual color of the product, its apparent material, and finishes (fastenings, buttons, seams, etc.). The consumer cannot claim a slight modification to request a refund or exchange of a product.
Product information is provided subject to typographical error.
3.2 Compliance
The products comply with the applicable French legal requirements regarding human safety and health, fair commercial transactions, and consumer protection at the time they are placed on the market.
4. Price
4.1 Selling price
Selling prices are indicated for each of the products offered for sale on the store.sonymusic.fr website, in euros, all taxes included, excluding delivery, transport, and/or preparation costs. These possible additional costs are mentioned before order validation and are invoiced separately.
The total amount due by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a product price modification after an order has been placed by the consumer, the selling price of the product is that in force on the day the order was placed by the consumer.
5. Offer
Online sales offers are available to all consumers located in metropolitan France and Corsica.
Online sales offers are valid while stocks last (unless otherwise specified for a particular duration).
The consumer accepts the offer according to the double-click procedure: the consumer clicks once to validate their cart, then is invited to click a second time to validate the order summary presented to them. This second click then allows them to access the secure payment page.
6. Order
6.1 Stages of concluding the online sales contract:
To place an order, the consumer must fill their virtual cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click on "add to cart".
The customer is then redirected to a summary page of their choices, which allows them to verify their order and, if necessary, correct or modify it.
Once their choice is confirmed, they must click on the "validate order" button. This second click constitutes full and unreserved acceptance of the GTCS and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must enable the seller and the carrier to fulfill their obligations under the best possible conditions.
This includes, but is not limited to, the consumer's contact email address, their complete delivery address, their first name, last name, and telephone number.
The seller is released from all liability in the event of an entry error or partial or incomplete entry by the consumer, without prejudice to the guarantees against hidden defects or the commercial guarantee legally enjoyed by the consumer.
6.2 Order modification
Any modification of an order by the consumer after its confirmation is subject to the seller's acceptance and the availability of the requested products.
The modification request can only be taken into account before the order is prepared. The preparation time is generally 24 (twenty-four) hours, but it may be shorter, and no guarantee can be given to the customer regarding this timeframe.
The seller is not obliged to take into account a late modification request (received after order preparation).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is an ongoing dispute (not yet definitively resolved).
In case of refusal, the consumer will be fully reimbursed within a reasonable period, and in any case within 30 (thirty) days.
6.4 Unavailability of ordered products
In the event of unavailability of one or more products in an order, the seller will inform the consumer within a reasonable time and offer them a product of equivalent quality and price. If the consumer wishes, they can be reimbursed or receive a credit note usable on the site.
7. Contract
7.1 Conclusion
The sales contract is formed upon the consumer's double-click to validate their order.
7.2 Termination
The contract may be terminated by the seller in the following cases:
– Consumer's refusal to take delivery of the ordered products,
– Resolution Return to sender of the package due to inaccurate information provided,
– Non-payment of the price (without prejudice to possible legal action against the consumer).
In all the cited cases, other than the legal right of withdrawal, the amount of any deposits paid remains with the seller as compensation.
8. Right of withdrawal
From the receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify their decision or pay any penalty.
Any return shipping costs are borne by the consumer.
To exercise this right, the consumer must complete and send the withdrawal form at the end of these GTCS to customer service.
Following this request, the consumer is assigned a return number.
The consumer returns the products without undue delay, if they wish, accompanied by the return number to facilitate the processing of their request, to the seller at:
BEST OF BOTH WORLDS / ARTISE
621 Avenue Blaise Pascal
77550 Moissy-Cramayel
The consumer is reimbursed within 14 (fourteen) days following the date of receipt of the products, provided that the products have arrived at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and the return slip. A return that shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks associated with returning a product are borne by the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In the event of an unregistered shipment not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.
Without this proof, no refund can be made. No refund will be made if the returned product has not arrived at the seller's premises.
Therefore, we strongly recommend that all consumers who wish to make a return request recorded delivery with a declaration of the product's value and insurance, and a delivery against signature.
Proof of delivery is then constituted by the affixing of the BEST OF BOTH WORLDS company stamp on the recommendation slip or by the signature of the returns manager.
8.1 Mediation
In accordance with article L. 612-1 of the Consumer Code, within one year from their written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for an amicable resolution through mediation, to
SAS Mediation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr,
email: contact@sasmediationsolution-conso.fr
9. Payment
The full price is due after order confirmation.
Payment is made on an independent secure platform.
The consumer's banking information is not accessible to the seller. It does not pass through any of its servers. Only trusted third parties responsible for encryption digitally process this information to ensure perfect transaction security and optimal protection of banking data.
The provisions of Article 1359 of the Civil Code are inapplicable to distance sales.
BEST OF BOTH WORLDS accepts CB, Visa, and Eurocard/Mastercard network cards issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited at the time of order confirmation. To this end, they guarantee that they are the holder of the bank card to be debited and that the name appearing thereon is indeed their own. The consumer must provide the sixteen-digit number and the expiration date appearing on the front of their bank card, as well as, if applicable, the visual cryptogram numbers appearing on the back.
10. Delivery
The seller undertakes to hand over the products to its carrier within 7 (seven) working days (excluding pre-orders) after full payment of the order has been received. This period is extended to 10 (ten) working days for the following periods: winter and summer sales, "flash" and private sales operations, end-of-year holidays (from December 1st to January 10th).
Delivery delays cannot give rise to the payment or claim for compensation from the seller in the event that such a delay is attributable either to the consumer, or to an insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.
Products are delivered to the address indicated by the consumer on the order form.
A consumer who accepts a product without making reservations to the carrier accepts it as is. They then lose all possibility of making a claim regarding the delivery.
In case of deterioration or partial loss of the product, the consumer must imperatively make reservations upon receipt on the delivery note, a duplicate of which is sent to the professional seller and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgement of receipt.
If the product does not conform to the order, the consumer must send a complaint to customer service to obtain a replacement of the product or, if applicable, termination of the sale.
11. Warranties
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's choice, to refund or exchange defective products or products that do not match their order.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS / SONY MUSIC STORE
621 avenue Blaise Pascal
77550 Moissy-Cramayel
Products covered by warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by SONY MUSIC STORE customer service.
The consumer will be reimbursed for return postage costs within thirty days of the product's receipt by the seller at the latest.
12. Liability
12.1 Transfer of Ownership and Transfer of Risks
The transfer of ownership of SONY MUSIC STORE products to the consumer will only occur after full payment of their price by the consumer.
The transfer of risks to the consumer, however, will only occur upon delivery, i.e., at the time SONY MUSIC STORE products are handed over to the delivery address indicated by the consumer.
12.2 Exemption from Liability
The seller cannot be held liable in the event of non-performance or improper performance of the contract due either to the buyer's actions, to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
Proof of its obligation is provided by producing the consignment note for the packages to the carrier.
12.3 Defective Product
In the event of damage caused by a defective product, the consumer must seek the liability of the manufacturer, identifiable from the information mentioned on the product packaging.
13. Termination Clause
The termination of the order in the cases provided for in these GTC will be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without judicial formality.
14. Intellectual Property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law, and patent law. All texts and images presented on the seller's online sales site are reserved, worldwide, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general terms and conditions of sale.
Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings for infringement.
15. Dispute Resolution
All claims must be sent to the following address:
BEST OF BOTH WORLDS / SONY MUSIC STORE
621 avenue Blaise Pascal
77550 Moissy-Cramayel
Should a dispute arise between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller to resolve the dispute, without the intervention of a third natural or legal person.
16. Territorial Jurisdiction
For any dispute relating to an order placed on the store.sonymusic.fr online sales site, or for any dispute relating to these GTC, the competent court will be that of the seller's domicile.
17. Applicable Law
The parties agree to resort to mediation to try and find an amicable solution to their dispute and to only take legal action if mediation fails.
These GTC are subject to French law.
