GENERAL TERMS AND CONDITIONS OF SALE
The purpose of the present general conditions of sale of accessories (hereinafter the "General Conditions of Sale of Accessories") is to define the conditions of sale of accessories (hereinafter referred to as "Accessory(ies)") by subsonic.com published by Subsonic SAS (Société par Actions Simplifiée with a capital of 37,000 Euros, RCS B 509 666 178 (Lyon)) accessible at the address www.subsonic.com.
Subsonic.com with a capital of 37 000€ registered under the number RCS B 509 666 178 (Lyon) - (Siret 50966617800033) - Head office SUBSONIC SAS, 314, Allée des Noisetiers, Immeuble B, 69760 Limonest - France, Telephone: +33 4 81 09 70 00. Intracommunity VAT number: FR59 509 666 178 00025.
Conditions of application
These general terms and conditions of sale of the Products apply to any order placed remotely by a natural person with legal capacity and acting in a personal capacity as a consumer directly on the Site accessible at the following address: www.subsonic.com - access to the Site via any desktop or mobile device for smartphones or tablets (hereinafter, together the "Site")
Exclusions from application
The GTC are not applicable to professionals. A professional is any natural or legal person, public or private, who acts for purposes within the framework of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional. To open a professional account, please contact the professional sales department of the SUBSONIC company at +33 4 81 09 70 00 or clik here.
Modifications of the CGV
The present GTC can be modified at any time by Subsonic. It is up to you to consult them and to accept them formally before any order. The applicable GTC are the ones that appear on the Site at the time of your order and are attached to the order confirmation email. Any order placed on the Site implies full, unconditional and unreserved acceptance of the GTC in force at the time of the said order.
ORDERING ON THE WEBSITE
Any order of one or more Products (hereinafter the "Product(s)") requires that you have a valid credit card or a Paypal account and that the delivery is made to your home in metropolitan France, Corsica and any country of the European Union mentioned.
Only orders for which your payments and files have been previously validated by SUBSONIC.COM will be taken into account.
- You must have a valid e-mail address accessible from a computer,
- During your order, you choose the Product(s) you want to order. A summary of your order is presented online. You can modify it or accept it to confirm your order,
- When you place your order, you must read these "General Terms and Conditions of Sale of Products", read them and, if necessary, tick the box to accept them,
- You will then receive a confirmation of your order at your e-mail address.
The electronic data contained in the order form completed and validated by you have evidential value. SUBSONIC.COM reserves the right, prior to the delivery of the Product(s), to proceed with verifications concerning this information.
PRICE OF THE PRODUCTS
The price of the Products (excluding delivery costs) is that indicated on the corresponding product sheet, accessible on the Site. Subsonic reserves the right to modify the price of its Products at any time, in compliance with the applicable legislation.
The products you order will be invoiced to you on the basis of the price in force on the Site at the time of validation of your order.
The applicable price is the one indicated on the summary of your order (indicated on the confirmation e-mail).
The price of the Product(s) is payable at the time of ordering and is indicated in euros, including all taxes and excluding delivery costs.
For eligible products, the price displayed on the product sheet includes the amount of the eco-participation.
You can consult the amount of the delivery charges applicable to your order as well as when you select the delivery method for your order.
These possible costs are indicated to you as you place your order and are invoiced at the end of the order in addition to the price of the Product(s) selected. For professionals, any delay in payment will automatically result in the application of a late payment penalty equal to 3 times the legal interest rate.
SUBSONIC.COM does not proceed to the reservation of stock, the setting in the basket of a product or a service does not make it possible to guarantee the availability of the aforementioned Product as well as its price.
The Products are available as long as they are visible on the Site and unless otherwise stated. In the event that a Product is missing, you will be contacted by SUBSONIC.COM within seventy-two (72) working hours from the date of your order by e-mail or telephone.
This contact will allow you to know in which time frame the Product(s) could be delivered.
In the event of total unavailability of the Product ordered, you may request either a refund of the price of your entire order if it has been invoiced and collected, within a maximum of fourteen (14) days from the date of payment, or a replacement with a Product of an equivalent price.
Orders are delivered, in metropolitan France and in the countries mentioned on the website www.subsonic.com, to the address of your home given at the time of the order. You may be asked to show proof of identity when the order is delivered so that the carrier can check that your identity corresponds to the one you provided when you placed your order.
If the order is not validated, you will be informed either of the cancellation of your order or of a request to provide additional supporting documents. In the latter case, upon receipt of these documents and their validation, your order will resume its preparation.
Subject to availability of the receipt and validation of your files and means of payment offered by SUBSONIC.COM on the day of the order, the delivery of your order occurs at the latest on the date mentioned on the page of choice of delivery method before the final validation of your order.
In case of orders made during non-working days (weekend, holiday, or non-working day), the deadlines are deducted from the first following working day.
You have a period of twenty-four hours (48h00) after delivery of the Product(s) to report any missing element to the after-sales service by email: email@example.com to allow SUBSONIC.COM to assert its rights with the carrier retained. You are informed within five (5) days on the delivery time of the missing element after verification by SUBSONIC.COM.
Case of the delivered damaged Products
At the time of the reception or the withdrawal of your order, you must check the state of the parcel(s) received and indicate any nonconformity on the delivery order or refuse the delivery.
In the event that, after acceptance of the package, you notice that the Product(s) ordered is/are damaged, you can notify us by writing to firstname.lastname@example.org within two (2) calendar days of receiving your order.
OWNERSHIP AND RISK TRANSFER
The transfer of ownership of the Product(s) ordered is subject to the effective and full payment of the price, principal and accessory.
Failure to pay for the Product(s) ordered may result in the reclamation of the Product(s) by SUBSONIC.COM.
The risks (in particular theft, loss, deterioration) are transferred to you as of the delivery of the Product(s) and no refunding could be required from SUBSONIC.COM for this reason.
You have in accordance with the article L 221-18 of the code of the consumption, of a right of retraction (with the exception of the cases envisaged in the article L 221-28 of the aforementioned code) being able to be exerted within 14 (fourteen) clear days as from the day after the delivery date of your order. In the case of an order of several Products, the fourteen-day withdrawal period runs from the day after the date of receipt of the last Product (the postmark being proof of the date of dispatch). If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
Methods of withdrawal
To withdraw from the contract you can :
- Download the standard withdrawal form (hereafter reproduced in Annex 2), print and complete it and send it by email to email@example.com
- Write to Subsonic, 314 allée des Noisetiers, Bâtiment B, 69760 Limonest, France on plain paper to inform them of your intention to withdraw;
- contact customer service (see article VIII above)
In all cases, the withdrawal document must include at least the customer's full name, the email address given at the time of the order as well as the order number and the invoice.
You must return the product(s) subject to withdrawal to the Seller, without undue delay and, in any event, no later than fourteen (14) days following the date of communication of your decision to withdraw. This period is deemed to have been respected if you return the product(s) before the expiry of the fourteen (14) day period.
You may request an exchange or refund of the Product(s) ordered by email to firstname.lastname@example.org.
The return costs are at the customer's expense.
The return of the products is done under your responsibility and at your expense. Any damage suffered by the Product(s) on this occasion is likely to defeat the exercise of your right of withdrawal. We recommend that you take out insurance for the transport of the returned Product(s). Although such insurance is optional, it may be useful to protect you against possible breakage, loss or theft.
The Product(s) for which a refund is requested must be returned, for security reasons, by registered post.
The Product(s) must be returned in its (their) original packaging, in good condition, with all possible accessories and documentation. The Product(s) must be in perfect condition for resale. Thus, any Product that is incomplete or damaged as a result of handling other than that necessary to establish its nature, characteristics and/or proper functioning will not be refunded.
Any order returned incomplete to the address indicated and/or in case of absence of the return number of the Product(s) and/or the return of the Product(s) to an address different from the one communicated by SUBSONIC.COM, will not be treated as a return and therefore will not be refunded.
In the event that you exercise the right of withdrawal, you will be reimbursed within fourteen (14) working days following the date on which you exercised your right of withdrawal. However, SUBSONIC.COM can defer the refund until the effective recovery of the products.
It is specified that a Product having benefited from a promotional advantage will be refunded at the price that you will have really paid or which should have been paid if it does not answer any more the conditions to benefit from it. In other words, the refund will be for the price of your order invoiced and collected by SUBSONIC.COM.
Only the expenses of return are with your load except for the case where you chose to profit from a Product of substitution in the event of unavailability of the Product (S).
For all commercial questions, an email address is available at email@example.com (emails are processed when written in French or English).
YOUR PRODUCT GUARANTEES
All Products benefit from legal guarantees and possibly a manufacturer's guarantee. In this case, please refer to the user manual of your Product to know the latter and consult the questions/answers on our website (Support section) www.subsonic.com before contacting our technical service. The latter does not deal with problems related to your order but only with technical defects of your electronic Product.
If you notice a malfunction of your Product, you can contact us using the form on the website www.subsonic.com or by email at firstname.lastname@example.org. If the fault appears to be a fault under warranty, we will exchange your Product after receiving the faulty Product. To do this, you must follow the procedure indicated by our technical department. Upon receipt of your Product, a diagnosis will be made by our advisors. If it is confirmed that the fault is covered by the above-mentioned guarantees, we will send you a new Product to your home in metropolitan France.
We then undertake to return an identical Product to you or to refund you the product.
If it turns out, after diagnosis, that the breakdown is not covered by the above-mentioned guarantees, we will return your original Product to you, if you confirm this to us during an exchange by email, with the return shipping costs remaining at your charge.
In all cases, it is your responsibility to keep the proof of purchase in order to benefit from the guarantee. You will be asked to provide it for any correspondence with our technical department.
It is reminded that within the framework of the legal guarantee of conformity, the consumer :
- has a period of two years from the date of delivery of the goods to take action against the seller;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is reminded that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The manufacturer's guarantees do not exclude the legal guarantee of conformity or that of hidden defects reproduced at the end of this article.
The commercial and manufacturer guarantees are valid for normal use of the Product(s) and do not cover, in particular
- Damage whose cause is external to the Product: negligence, misuse, a shock or a fall, a bad connection, the effects of electrical surges, insufficient protection against humidity, heat or frost, lightning, water damage, modifications, repairs or attempts to do so by a person not authorised by SUBSONIC and more generally damage of any kind whose origin is subsequent to the delivery
- Damage suffered by the user as a result of a malfunction of the possible Product(s) and, in particular, any operating loss, any commercial, financial or moral damage,
- Loss, theft or breakage of the Product(s).
DATA PROCESSING AND FREEDOM
When using our online ordering services, we may collect personal data about you.
In accordance with Article 34 of the law "Informatique et Libertés" of January 6, 1978 and the General Regulation on Data Protection (RGPD) which came into force on May 25, 2018, you have the right to access, rectify or delete all or part of your personal data at any time. You can also oppose the processing of your personal data, ask for the limitation, or the portability when it is possible. Finally, you can send SUBSONIC instructions concerning the use of your data after your death. You can exercise your rights by sending a request to: email@example.com. You have the right to lodge a complaint with the CNIL or with any competent supervisory authority.
ATTRIBUTION OF COMPETENCE
The present General Terms and Conditions of Sale of Products are subject to French law. In the event of a dispute concerning the interpretation or execution of these terms and conditions, exclusive jurisdiction is attributed to the Commercial Court of Paris, with the exception of disputes with non-traders for which the legal rules of jurisdiction apply.
Appendix 1: Articles relating to the legal guarantee and the guarantee against hidden defects
Annex 2: Withdrawal form