CONDITIONS GENERAL TERMS OF SALE
These general terms and conditions of sale for accessories (hereinafter the “General Terms and Conditions of Sale for Accessories”) are intended to define the conditions for the sale of accessories (hereinafter referred to as the “Accessory/Accessories”) by subsonic.com edited by Subsonic SAS (Simplified Joint-Stock Company with a capital of 37,000 Euros, RCS B 509 666 178 (Lyon) accessible at the address www.subsonic.com.
SELLER DESIGNATION
Subsonic.com with a share capital of €37,000, registered under RCS number B 509 666 178 (Lyon) – (Siret 50966617800033) – Registered office: SUBSONIC SAS, 314, Allée des Noisetiers, Building B, 69760 Limonest – France. Intracommunity VAT number: FR59 509 666 178 00025.
Application terms
These General Terms and Conditions of Sale for the Products apply to any order placed remotely by a natural person with legal capacity 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, collectively the “Site”)
Exclusions from application
The T&Cs do not apply to professionals. A professional is defined as any individual or legal entity, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when they act in the name of or on behalf of another professional. To open a professional account, please contact SUBSONIC’s professional sales department. click here.
Changes to the Terms and Conditions of Sale
These Terms and Conditions may be modified at any time by Subsonic. It is your responsibility to review them and formally accept them before placing any order. The applicable Terms and Conditions are those shown on the Site at the time of your order and attached to the confirmation email for your order. Any order placed on the Site implies full, unconditional, and unreserved acceptance of the Terms and Conditions in force at the time of said order.
ORDER ON THE SITE
Any order for one or more Products (hereinafter the “Product(s)”) requires that you have a valid bank card or a PayPal account and that delivery is made to your home in mainland France, Corsica, and any of the European Union countries mentioned.
Only orders for which your payments and files have been previously approved by SUBSONIC.COM.
- You must have a valid email address accessible from a computer,
- When you place your order, you choose the Product(s) you wish to order. An order summary is displayed online. You can modify it or accept it to confirm your order,
- When placing your order, you must review these “General Terms and Conditions of Sale of Products,” read them, and, if applicable, check the box to accept them,
- You will then receive an order confirmation at your email address.
The electronic data contained in the purchase order completed and validated by you has evidentiary value. SUBSONIC.COM reserves the right, prior to delivery of the Product(s), to carry out checks on this information.
PRODUCT PRICES
The price of the Products (excluding delivery charges) is the price indicated on the corresponding product page, accessible on the Site. Subsonic reserves the right to modify the price of its Products at any time, in compliance with applicable law.
The products you order will be billed to you based on the price in effect on the Site at the time your order is confirmed.
The applicable price is the one shown in your order summary (as indicated in the confirmation email).
The price of the Product(s) is payable when the order is placed and is stated in euros, all taxes included and excluding delivery charges.
For eligible products, the price shown on the product page includes the eco-contribution amount.
You can view the amount of the shipping fees applicable to your order as well as when you select your order’s delivery method.
Any such fees are shown to you as you place your order and are charged at the end of the order in addition to the price of the selected Product(s). For professionals, any late payment will automatically result in the application of late-payment penalties equal to 3 times the legal interest rate.
SUBSONIC.COM not reserving stock, adding a product or service to the cart does not guarantee the availability of said Product or its price.
AVAILABILITY
Products are available as long as they are visible on the Site and unless otherwise stated. If a Product is unavailable, you will be contacted by SUBSONIC.COM within seventy-two (72) business hours from the date of your order by email or by phone.
This contact will let you know what delivery timeframe(s) the Product(s) could be delivered in.
In the event of total unavailability of the ordered Product, you may request either a refund of the price of your entire order if it has been invoiced and paid, within a maximum period of fourteen (14) days from payment, or replacement with a Product of equivalent price.
DELIVERIES
Delivery terms
Orders are delivered in mainland France and in the countries listed on the website www.subsonic.com, to the home address you provided when placing the order. You may be asked to show a form of ID at the time of delivery so that the carrier can verify that your identity matches the one provided when you placed your order.
If your order is not approved, you will be informed either that your order has been canceled or that additional supporting documents are required. In the latter case, once we receive these documents and they are approved, your order will resume processing.
Subject to the availability of receipt and validation of your files and of the payment methods offered by SUBSONIC.COM on the day of the order, your order will be delivered no later than the date mentioned on the delivery method selection page before the final confirmation of your order.
In the case of orders placed on non-working days (weekends, public holidays, or days off), the timeframes are counted from the first following working day.
You have forty-eight hours (48h00) after delivery of the Product(s) to report any missing item to Customer Service by email: sav@subsonic.com in order to allow SUBSONIC.COM to assert its rights against the selected carrier. You will be informed within five (5) days about the delivery times for the missing item after verification by SUBSONIC.COM.
Products delivered damaged
Upon receipt or pickup of your order, you must inspect the condition of the package(s) received and report any non-compliance on the delivery note or refuse the delivery.
In the event that, after accepting the package, you notice that the Product(s) ordered is/are damaged, you can let us know by writing to sav@subsonic.com and this, no later than two (2) calendar days after receipt of your order.
TRANSFER OF OWNERSHIP AND RISKS
Transfer of ownership of the ordered Product(s) is subject to the actual and full collection of the price, principal and incidental.
Non-payment for the ordered Product(s) may result in the Product(s) being claimed by SUBSONIC.COM.
The risks (including theft, loss, damage) are transferred to you upon delivery of the Product(s), and no refund may be requested from SUBSONIC.COM on this basis.
RIGHT OF WITHDRAWAL
In accordance with Article L 221-18 of the French Consumer Code, you have a right of withdrawal (except in the cases provided for in Article L 221-28 of said Code), which may be exercised within 14 (fourteen) clear days starting the day after the date of delivery of your order. In the case of an order for multiple Products, the 14-day withdrawal period begins the day after the date of receipt of the last Product (the postmark serving as proof of the mailing date). When the 14-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next business day.
Withdrawal terms
To withdraw, you can:
- Download the standard withdrawal form (reproduced below in Appendix 2), print it, complete it, and send it by email to sav@subsonic.com
- Write to Subsonic, 314 Hazelnut Alley, Building B, 69760 Limonest on plain paper to let you know of his intention to withdraw ;
- contact customer service (see article VIII above)
In all cases, the withdrawal form must include at a minimum the customer’s first and last name, the email provided when placing the order, as well as the order number and invoice.
PRODUCT RETURNS
You must return the product(s) subject to the withdrawal to the Seller without undue delay and, in any event, no later than fourteen (14) days after the date on which you communicate your decision to withdraw. This deadline is deemed met if you return the product(s) before the expiration of the fourteen (14)-day period.
You can request an exchange or refund for the Product(s) ordered by email at sav@subsonic.com.
Return shipping costs are the customer’s responsibility.
The return of products is at your responsibility and at your expense. Any damage suffered by the Product(s) on this occasion is likely to prevent you from exercising your right of withdrawal. We recommend that you take out insurance for the transport of the returned Product(s). Even though such insurance remains optional, it may prove useful to protect yourself against possible breakage, loss, or theft.
The Product(s) for which reimbursement is requested must be returned, for safety reasons, by registered mail.
The return of the Product(s) must be made in their original packaging, in good condition, with all possible accessories and documentation. The Product(s) must be in perfect resale condition. Thus, any Product that is incomplete or damaged as a result of handling other than what is necessary to establish its nature, characteristics, and/or proper functioning will not be refunded.
Any returned order that is incomplete at the indicated address and/or in the absence of the return number for the Product(s) and/or the return of the Product(s) to an address different from the one provided by SUBSONIC.COM will not be processed as a return and therefore will not be refunded.
Refund Conditions
If you exercise your right of withdrawal, you will be refunded within fourteen (14) business days following the date on which you exercised your right of withdrawal. However, SUBSONIC.COM may delay the refund until the products have been actually received.
It is specified that a Product that has benefited from a promotional advantage will be refunded at the price you actually paid or should have paid if it no longer meets the conditions to benefit from it. In other words, the refund will apply to the price of your order invoiced and collected by SUBSONIC.COM.
Only the return shipping costs are your responsibility, except in cases where you have chosen to benefit from a substitute Product in the event that the Product(s) are unavailable.
CONTACT
For any business inquiries, an email address is available to you contact@subsonic.com (emails processed when written in French or English).
PRODUCT WARRANTIES
All Products benefit from legal warranties and, where applicable, a manufacturer’s warranty. In that case, please refer to your Product’s user manual to learn about them and consult the questions/answers on our website (Support section) www.subsonic.com before contacting our technical support. The latter does not handle issues related to your order, only technical defects in your electronic Product.
LEGAL WARRANTIES
If you notice a malfunction in your Product, you can contact us using the website form www.subsonic.com or by email at sav@subsonic.com. If the failure appears to be a warranty-covered failure, we will proceed with replacing your Product after receiving the defective Product. To do so, you must follow the procedure indicated by our technical support team. Upon receipt of your Product, it will be diagnosed by our advisors. If it is confirmed that the failure is covered by the warranties mentioned above, we will send you a new Product to your home in mainland France.
We then commit to returning you an identical Product or refunding the product.
If it turns out, after diagnosis, that the malfunction is not covered by the aforementioned warranties, we will return your original Product to you, if you confirm this to us during an email exchange, with the reshipping costs remaining your responsibility.
In all cases, it is your responsibility to keep the proof of purchase in order to be able to benefit from the warranty. It will be required for any correspondence with our technical service.
It is hereby reminded that, under the legal warranty of conformity, the consumer:
- has a two-year period from the delivery of the item to take action against the seller ;
- may choose between repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months as of March 18, 2016, except for used goods.
The legal warranty of conformity applies independently of any commercial warranty that may also cover your item. Please note that the consumer may choose to invoke the warranty against hidden defects in the sold item within the meaning of Article 1641 of the Civil Code, and that in this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
MANUFACTURER WARRANTIES
Manufacturer warranties do not exclude the legal warranty of conformity or the warranty against hidden defects, reproduced at the end of this article.
Commercial and manufacturer warranties are valid for normal use of the Product(s) and do not cover, in particular:
- Damage caused by factors external to the Product: negligence, misuse, impact or dropping, incorrect connection, the effects of electrical surges, insufficient protection against moisture, heat or freezing, lightning, water damage, modifications, repairs, or attempted repairs carried out by a person not authorized by SUBSONIC, and more generally any damage of any kind whose origin occurs after delivery,
- The damages suffered by the user due to a malfunction of the Product(s), if any, and, in particular, any loss of business, commercial, financial or moral harm,
- Loss, theft, or breakage of the Product(s).
DATA PROTECTION AND FREEDOM
When using our online ordering services, we will be required to collect personal data about you.
Personal data are processed in accordance with the provisions of the Customer Personal Data Policy, available under “Privacy Policy” in the website footer subsonic.com.
In accordance with Article 34 of the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (GDPR) in force since May 25, 2018, you have, throughout the retention period, at any time, the right to access, the right to rectify, and the right to partially or fully erase the personal data concerning you. You may also object to the processing of your personal data, request that it be restricted, or request its portability where this is possible. Finally, you may send instructions to SUBSONIC regarding the use of your data after your death. You may exercise your rights by submitting a request to: contact@subsonic.com. You have the right to file a complaint with the CNIL or with any competent supervisory authority.
JURISDICTION CLAUSE
These General Terms and Conditions of Sale for Products are governed by French law. In the event of a dispute regarding the interpretation or performance of these terms, exclusive jurisdiction is granted to the Paris Commercial Court, except for disputes with non-merchants, for which the applicable legal rules on jurisdiction apply.
ECO-ORGANIZATION IDENTIFIERS
In accordance with the provisions of Article R.541-173 of the Environmental Code, here are our various Unique Identifiers (IDU):
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IDU FURNITURE_FR028820_10RFM7
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IDU D3E_FR007372_05MJLR
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IDU PACKAGING_FR028820_01ZISE
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BATTERY AND BATTERY_FR007372_06F216
Appendix 1: Articles relating to the legal warranty and the warranty against hidden defects
Appendix 2: Withdrawal form
Appendix 3 : Contest Rules