These general conditions of sale (hereinafter “CGV”) apply to Orders which are made from the online sales service for “merchandising” products which is offered by the Company from e-boutiques created in particular by artists and can be consulted from their personal pages and/or dedicated websites (hereinafter the “Service”).


1 – DEFINITIONS

“Customer”: legal or natural person, aged at least 18, registered on the Service and making an online purchase of Product(s).

“Order”: any purchase of Product(s) made from the Service by a Customer.

“Customer Account”: account created by a Customer from the Service and allowing them to access their identification data, track their Orders and view their payment history.

“Company”: single-member SARL ENCHANTE Head office: 26 rue Arthur Rimbaud, 37000 TOURS

Tours B 793 411 059, Intra-community VAT number: FR47793411059, SIRET number: 79341105900033

“Products”: physical “merchandising” products (such as clothing, goodies, etc.) reproducing personalized content linked to a group or an artist as well as any physical recording media such as CD or DVD and/or any other type of product that the Company would be required to market on the Service.

“Customer Service”: service made available to the Customer by the Company from Monday to Friday from 9 a.m. to 6 p.m. and allowing processing, via the “Order details” section of their Customer Account, or by mail to the following address Single-member SARL ENCHANTE Head office: 26 rue Arthur Rimbaud, 37000 TOURS

Towers B 793 411 059, Intracommunity VAT number: FR47793411059, SIRET number: 79341105900033

2 – APPLICATION OF THE CGV

These General Terms and Conditions come into force as soon as the Customer places an Order under the conditions of article 4 below. The Customer therefore undertakes to consult these General Terms and Conditions and to validate them, before each Order by checking, in accordance with article 4.2, the box provided for this purpose.

These General Terms and Conditions, which the Company reserves the right to modify at any time, prevail, except under specific conditions issued by the Company, over all other documents or conditions, which the Customer expressly declares to know and accept.

Only the version of the General Terms and Conditions which is online at the time the Customer places the Order, in accordance with article 4.2, applies between the Company and the Customer.


3 – CREATION OF CUSTOMER ACCOUNT

3.1 Access to the Service requires the Customer's prior registration using the form made available to them during their first connection, made with a view to placing an Order, from the Service.

As part of their registration, the Customer transmits to the Company the following identification elements:

Last name / First name / Company name
E-mail
Delivery adress billing adress
Password
Identifier
3.2 Any duly completed registration request is sent to the Company which acknowledges receipt by e-mail and allows the activation of a Customer Account.

3.3 The Customer is solely responsible for the confidentiality of his password and identifier as well as any Order placed through his Customer Account. The Customer also undertakes to ensure that the information transmitted as part of their registration is accurate, complete and regularly updated from their Customer Account.


4 – ORDERS

4.1 Orders can be placed anywhere in the world. Any Order placed by a Customer residing outside French territory will be processed in accordance with these General Terms and Conditions, subject to the legislative provisions otherwise applicable in the country where the Customer placing the Order is domiciled.

4.2 To place an order, the Customer undertakes to respect the following procedure consisting of:

select your Products (by entering the desired size and quantities);
identify yourself on the Service by connecting to your Customer Account;
view your Order summary (displaying the detailed prices of each Product as well as the total price of your Order);
select your delivery method;
validate your Order by clicking on the “Order validation” link;
proceed to payment by clicking on the “payment confirmation” link or any other link indicating that placing an order requires payment.
The Customer has, provided that he has not yet confirmed his payment, the possibility of reconsidering the choice of his Products at any time, of rectifying any errors made when entering his Order and/or to modify all or part of their identification data (including billing and/or delivery address).

Any confirmation of payment requires acceptance of these General Terms and Conditions which the Customer undertakes to validate, after having read them in full, by checking the box provided for this purpose.

4.3 Payment for the Order is made by credit card (Visa, American Express, Master Card, other credit cards) or by any other secure online payment method indicated to the Customer.

Any Order by the Company is debited before shipment.

4.4 A confirmation e-mail is sent to the Customer upon receipt of payment and after verification by the Company of the stock availability of the Products.

Sending a confirmation email by the Company definitively validates the Customer's Order. However, and if for whatever reason, the Company is not able to follow through on an Order, it will inform the Customer by e-mail as soon as possible and proceed provided that it has already received payment. the amount upon reimbursement.

4.5 The Order confirmation email that the Company sends in accordance with this article 4 to the Customer contains a link to connect to their account in order to download their invoice in format, as well as the version of the General Terms and Conditions which are in force at the time of date of validation, in accordance with article 4.2, of the Customer's Order. This email also indicates an estimated delivery date.


5 – PRICE

The price is indicated in euros, all taxes included (including processing and shipping costs).

The Company reserves the right to modify its prices at any time.

Any order is invoiced on the basis of the prices in effect at the time of validation, in accordance with article 4.2 of the Customer's Order.

Full payment of the price transfers ownership of the Products to the Customer.


6 – DELIVERY

6.1 The Products are delivered to the address provided by the Customer and within the delivery time indicated in the confirmation email that the Company sends, in accordance with article 4.4, upon receipt of payment to the Customer.

6.2 The following different delivery methods are offered to the Customer:

standard delivery:
Delivery by postal mail with an average delay of 2 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow delivery to the mailbox, the package is made available in the post office to which the Customer is attached. The Customer has 15 consecutive days from the arrival of the package at the post office to collect it. After this period, it will be returned to the Company.

Colissimo delivery:
For mainland France (including Corsica and Monaco) and Belgium:



For destinations other than mainland France (including Corsica and Monaco) and Belgium:

Delivery with an average time of 5 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow delivery in the mailbox, a delivery notice is left to him and the package is made available in the post office to which the Customer is attached. The Customer has 15 consecutive days from the arrival of the package at the post office to collect it. After this period, it will be returned to the Company.

6.3 In the event of a shipping delay, the Customer receives an e-mail indicating a new delivery date.

7 – Right of withdrawal

7.1 In compliance with the legislative provisions in force, the Customer has, subject to article 7.3, a period of 14 (fourteen) days from receipt of the Product to exercise his right of withdrawal provided for in article L. 221-18 of the Consumer Code without having to justify your decision.

7.2 The withdrawal request is sent to the Company by the Customer:

• either by returning the duly completed and signed withdrawal form to the shipping address of the Product;
• either by connecting to their Customer Account from the “Order details” section.

The Products are returned by the Customer by mail, at his expense, to the address of the place of shipment of the Products or to any other address indicated to him from his Customer Account by the Company no later than 14 (fourteen) days following the date the Customer sent their withdrawal form to the Company.

7.3 In the event of withdrawal in accordance with this article 7, the Company is required to reimburse, excluding the costs of returning the Products which are the responsibility of the Customer, the totality of the sums paid (including delivery costs) by the Customer and this no later than 14 (fourteen) days following the date on which the Company receives the Customer's withdrawal form.

8- Products excluded from the right of withdrawal

8.1 Purchase of unsealed physical audio or video recordings

In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised on the purchase of audio or video recordings in physical form (CD or DVD type), when they have been unsealed or more generally when they have been damaged by the Customer.

In the event of withdrawal, the Product(s) must therefore be returned to the Company in their packaging, in the case of CDs and/or DVDs, and in any case in their original condition (at namely new condition allowing the Company to re-offer the Products for marketing). Consequently, any product opened or damaged will not be taken back or refunded by the Company.

8.2 Purchase of audio or video recording in digital form

In accordance with the aforementioned article, the right of withdrawal cannot be exercised for the purchase of audio or video recordings in digital form (i.e. without material support), downloadable directly after the purchase.

The Customer therefore expressly waives his right of withdrawal given the digital form of the recording and acknowledges that the purchase of the Product is final, including when said recording is part of a commercial offer including the supply of other products and/or services.

8.3 Purchase of show tickets

In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the context of leisure activities that must be provided on a specific date or period.

In the event of purchasing a show ticket, the right of withdrawal cannot therefore be exercised by the Customer, including when said ticket is part of a commercial offer including the supply of other products and/or services.

9 – CUSTOMER COMMITMENT

9.1 The Customer declares to be of legal age or otherwise undertakes to obtain, prior to registration, the authorization of his parents or guardian exercising parental authority, the latter remaining in any event guarantor of compliance with these General Terms and Conditions, which the Customer expressly declares to know and accept.

9.2 The Customer undertakes to make strictly personal and exclusive use for any commercial purpose of the Products ordered from the Service.

9.3 The Customer undertakes more generally to comply with all the terms and conditions of these General Terms and Conditions as well as to retain, if necessary by printing them, all copies of the General Terms and Conditions which will be sent to him by the Company in accordance with article 4.4 above.



10 – COMPANY GUARANTEES

10.1 The single-member SARL company ENCHANTE Head office: 26 rue Arthur Rimbaud, 37000 TOURS

Towers B 793 411 059, Intracommunity VAT number: FR47793411059, SIRET number: 79341105900033 guarantees the conformity of the goods with the contract. Products sold from the Service benefit from the legal guarantee of conformity provided for in articles L-217-4 to L.217-12 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code .

10.2 The Company, under these guarantees, undertakes at the Customer's discretion to reimburse or exchange any defective Products which have suffered damage before receipt and/or which do not correspond to the Customer's Order and this under reserves the right to inform the Customer immediately upon receipt by contacting Customer Service by e-mail or post at the following postal address: 26 rue Arthur Rimbaud, 37000 TOURS

10.3 In this regard, it is specified that the Company will ensure the exchange and/or reimbursement of said Products and this subject, in the event of a non-compliant Order, that the Products concerned are returned to it under the conditions of article 7.3 and in the event of damage, this must be mentioned on the delivery note. The costs of returning the Products will be reimbursed by the Company to the Customer upon presentation of relevant proof.

10.4 The Company undertakes to archive any Order (including delivery note, invoices and current version of these General Terms and Conditions) whose amount exceeds 120 euros excluding tax, in accordance with the legislative provisions in force, for a duration of 10 years.

10.5 It is recalled that the Company is liable for defects in conformity of the good with the contract under the conditions of article L.217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the civil code. It should be remembered that:

- when acting under a legal guarantee of conformity, the consumer benefits from a period of two years from delivery of the goods to act and can choose between repair or replacement of the goods, subject to the conditions of cost provided for by article L.217-9 of the Consumer Code;

- The consumer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. For goods sold second-hand, this period is set at six months.

- the legal guarantee of conformity applies independently of any commercial guarantee granted.

- the consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and in this case, he can choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.



11 - PERSONAL DATA

11.1 The Company undertakes to respect the confidentiality of personal data communicated, in accordance with these General Terms and Conditions, by the Customer and to process them in compliance with the Data Protection Act No. 78-17 of January 6, 1978. Processing of information collected by the Company has been the subject of a declaration to the National Commission for Information Technology and Liberties (CNIL) (No. 1540356), the Customer also having a right of access and rectification of its personal data that can be exercised at any time from your Customer Account.

11.2 The Company informs the Customer that their data will be processed and used within the limits of what is necessary for the proper functioning of the Service and kept as proof of the contract and may also be communicated, which the Customer expressly declares to know and accept, by the Company to phonographic producers, artists and/or manufacturers of Products sold from the Service in order to enable the processing of Orders in accordance with these General Terms and Conditions as well as to send e-mails containing offers on where applicable, commercial and/or to keep Customers informed, in particular through newsletters, of news from artists and/or labels whose Products have been purchased from the Service. Any other use of the Customer's personal data will be subject to his prior authorization.

11.3 In order to prevent it from being distorted, damaged or accessed by unauthorized third parties, the Company undertakes to use its best efforts to guarantee the security of personal information collected from the Service.


12 - FORCE MAJEURE

The Company's liability cannot be called into question if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure, as defined and retained. by the jurisprudence of French courts and tribunals.


13 - MISCELLANEOUS

The consumer may refer the matter either to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event. The customer, in application of article L. 616-1 of the Consumer Code, has the possibility of having recourse free of charge to the Company's consumer mediator, with a view to amicably resolving the dispute, whose contact details are:

ENCHANTE single-member SARL

26 rue Arthur Rimbaud, 37000 TOURS