General conditions of sale (GuitarScaler)


Last updated: 12/19/2022


These terms of sale are concluded between:

On the one hand, the website GuitarScaler.com

Hereinafter referred to as "GuitarScaler.com" or "GuitarScaler".

And on the other hand, any natural or legal person wishing to make a purchase on the GuitarScaler.com website.

Hereinafter "the customer" or "the buyer".


Article 1 - Purpose

These terms of sale aim to define the contractual relations between GuitarScaler.com and the buyer, as well as the conditions applicable to any purchase made through the GuitarScaler.com merchant site, whether the buyer is a professional or a consumer.

The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these terms of sale. These terms of sale apply to the exclusion of all other conditions.

They will prevail over any other general or specific conditions not expressly agreed to by GuitarScaler.com.

GuitarScaler.com reserves the right to modify its conditions of sale at any time.

In this case, the applicable conditions will be those in effect on the date of the order by the buyer.


Article 2 – Characteristics of the goods offered

The products offered are those listed in the catalog published on the GuitarScaler.com website.

These products are offered within the limits of available stocks.


Article 3 – Prices

The prices of our products delivered in Metropolitan France and Europe are indicated in Euros, all taxes and processing and shipping costs included.

The prices of our products delivered to the French Overseas Territories and outside Europe are indicated in Euros, all taxes included, all taxes and processing and shipping costs included. Payment of the applicable VAT, as well as customs duties, is made by the customer to the local tax and customs authorities.

GuitarScaler.com reserves the right to change its prices at any time, it being understood that the price displayed on the day of the order will be the only one applicable to the buyer.

Any change in the VAT rate may be reflected in the price of the products or services.


Article 4 – Availability

Product offers and prices are valid as long as they are visible on the GuitarScaler.com website, within the limit of available stocks.

Orders are processed upon receipt of payment and subject to product availability. In the event of a product being unavailable after the order has been placed, GuitarScaler will inform the buyer by email, SMS or by post indicating the date of availability of the product. In the event of definitive unavailability of the product, the order will be cancelled and the buyer will be immediately reimbursed if his bank account has been debited.


Article 5 – Order

Online only: www.GuitarScaler.com

The buyer, who wishes to purchase a product must:

- Fill in the identification form on which he will indicate all the requested contact details, as well as all information necessary for delivery (including access codes to the doors of the buildings).

- Fill in the online order form by giving all the references of the products or services chosen;

- Validate the order after having checked it;

- Make the payment under the conditions provided.

The confirmation of the order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the waiver of relying on his own conditions of purchase or other conditions.

All the data provided and the recorded confirmation will constitute proof of the transaction.

The confirmation will constitute signature and acceptance of the operations carried out.

GuitarScaler.com will communicate by email confirmation of the recorded order.

GuitarScaler.com cannot be held responsible for the consequences of any events beyond its control, including cases of force majeure, which tend to delay or prevent the placing of the online order.

The customer's order may be cancelled by GuitarScaler.com, for any reason whatsoever, including in the event of a lack of information necessary for delivery. The customer will be informed of this by GuitarScaler.com.


Article 6 – Payment methods

Payment for purchases made on the GuitarScaler.com website is made when ordering, at the buyer's choice:


– Through Stripe. Stripe allows all sellers of goods and services to accept online, remote and mobile credit card payments.


– Through PayPal by following the instructions stipulated during the secure transaction.

PayPal is a company that offers a secure payment service on the Internet, allowing an Internet user to send their payments via the Internet with an email address, without having to provide their credit card details for each transaction.


– By credit card from the CB, VISA and MASTERCARD networks. In the absence of a Paypal account.


– By check:

Cashable in France, made out in Euros to ERIC FLORIN and addressed to GuitarScaler 87 rue Joliot Curie 69005 LYON.


– By bank transfer:

Account holder: Mr. ERIC FLORIN

Domiciliation: CREDIT MUTUEL LYON GAMBETTA

International Identification Number (IBAN): FR76 1027 8073 4600 0205 8810 129

International Bank Identification Number (BIC): CMCIFR2A

Any transfer fees are the responsibility of the buyer.


Article 7 – Delivery

7.1. General

The customer undertakes to transmit, when ordering, all the information necessary for delivery in order to guarantee its successful completion. The customer undertakes, for himself or for the recipient of the order, to take delivery of the goods at the address he indicated when ordering.

Upon delivery, the customer or the recipient of the products must be able, if requested, to prove his identity.

7.2. Shipping and delivery time

The shipping time does not include transport time and is in working days. In the event of payment by check or transfer, the order will only be processed upon receipt of payment. Consequently, the deadlines applicable in this case are those on the day of receipt of payment and may therefore be modified compared to those mentioned on the day the order was placed.

An additional delay is generally to be expected for shipments to Corsica. The delivery time may in no case result in the payment of damages to the customer or the customer's service providers.

In the event of a delay in shipping, an email will be sent to the customer.


Article 8 - Withdrawal and right of return

In application of article L 121-20 of the Consumer Code, buyers, non-professional individuals, benefit from a withdrawal period of 30 days from the delivery of their order to return the product to the seller for exchange or refund without penalty.

All items can be exchanged or refunded within the legal time limits.

The date of dispatch is the basis for assessing this period. Return costs are the responsibility of the customer. No cash on delivery will be accepted for any reason.

The customer must complete the contact form on the GuitarScaler.com website or by email to report their request.

The return of products must be made in perfect condition. Items returned incomplete, damaged, used or soiled cannot be taken back and will be returned at the customer's expense.

Items must be returned to the following address:

GuitarScaler

2 chemin de la Pinède

83470 OLLIERES

FRANCE

Product refunds will be made within 30 days or less after receipt of the products by us. The refund will be made at the choice of GuitarScaler.com by crediting the customer's bank account or by bank check addressed to the customer's name and billing address.


Article 9 - Legal guarantee of conformity and guarantee against defects and hidden defects

The legal guarantee of conformity is defined by articles L 211-4, L 211-5, L 211-7, L 211-8, L 211-11 and L 211-12 of the Consumer Code.

The guarantee against defects and hidden defects is defined by articles 1641 to 1649 of the Civil Code.

Actions based on the legal guarantee of conformity and on the guarantee against defects and hidden defects are prescribed by two years from the delivery of the goods sold.

In the event of a lack of conformity or hidden defects, the return costs are the responsibility of the seller.




Article 10 – Liability

The seller, in the online sales process, is only bound by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems. GuitarScaler.com cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of a force majeure event and in particular in the event of a total or partial strike of postal services, carriers, and disasters caused by floods or fires. With regard to products purchased to satisfy professional needs, GuitarScaler.com will not incur any liability for any indirect damage resulting from these terms, operating losses, loss of profit, damages or costs, which may arise.

The choice and purchase of a product are placed under the sole responsibility of the customer. The total or partial inability to use the products cannot give rise to any compensation, reimbursement or questioning of the liability of GuitarScaler.com, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal.


Article 11 – Intellectual property

All elements of the GuitarScaler.com site are and remain the intellectual and exclusive property of GuitarScaler.com.

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether visual or audio.

Any simple or hypertext link is strictly prohibited without the express written consent of GuitarScaler.com.


Article 12 – Respect for privacy

In accordance with the law relating to information technology, files and freedoms of January 6, 1978, information of a nominative nature relating to buyers may be subject to automated processing.

The information transmitted by the customer is for the exclusive use of GuitarScaler.com.

GuitarScaler.com undertakes not to transmit to third parties the personal information that Internet users provide on its site.

This information is confidential.

In addition, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.


Article 13 – Archiving – Proof

GuitarScaler.com will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.

The computerized records of GuitarScaler.com will be considered by the parties as proof of communications, orders, payments and transactions between the parties.


Article 14 – Dispute resolution

These online sales conditions are subject to French law.