TERMS OF SALES
These general conditions of sale (hereinafter “GTC”) apply to Orders which are made from the online sales service of “merchandising” products which is offered by the HLVS association from e-shops in particular created by artists and can be consulted from their personal pages and / or dedicated websites (hereinafter the “Service”).
1 – DEFINITIONS
“Customer”: legal or natural person, at least 18 years old, registered on the Service and purchasing Product (s) online.
“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 him to access his identification data, track his Orders and consult the history of his payments.
Anglais “Association”: ASSOCIATION HLVS 5 allée de la Maladière 21220 CHAMBOEUF
Siret in progress.
“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 medium such as CD or DVD and / or any other type of product that the HLVS association would be required to market on the Service.
“Customer Service”: service made available to the Customer by the HLVS association by mail to the following address 5 allée de la Maladiére 21220 CHAMBOEUF or via our Contact Us page
2 – APPLICATION OF THE CGV
These CGV come into force as soon as the Customer places an Order under the conditions of Article 4 below. The Customer thus undertakes to consult these CGV and to validate them, before each Order by checking, in accordance with Article 4.2, the box provided for this purpose.
These CGV, which the HLVS association reserves the right to modify at any time, prevail, except under special conditions issued by the HLVS association, over all other documents or conditions, which the Customer expressly declares to know and accept.
Only the version of the CGV that is online at the time the Customer places an Order, in accordance with Article 4.2, applies between the Company and the Customer.
3 – CREATION OF A CUSTOMER ACCOUNT
3.1 Access to the Service requires the Customer’s prior registration using the form that is made available to them when they log on for the first time, with a view to placing an Order, from the Service.
As part of his registration, the Client sends the Company the following identification elements:
•Last name First Name
•E-mail
•Delivery adress / billing adress
3.2 Any duly completed registration request is sent to the HLVS association 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 his username as well as any Order placed through his Customer Account. The Customer also agrees that the information transmitted as part of his registration is accurate, complete and regularly updated from his Customer Account.
4 – ORDERS
4.1 Orders can be placed in the territory of the whole world. Any Order made by a Customer residing outside French territory will be processed in accordance with these CGV, 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 agrees to comply with the following procedure consisting of:
• select your Products (by entering the desired size and quantities)
• identify themselves on the Service by connecting to their Customer Account
• view its Order summary (displaying the price details of each Product as well as the total price of its Order);
• select your delivery method;
• validate his Order by clicking on the “Order validation” link;
• proceed to its payment by clicking on the “payment confirmation” link or any other link indicating that the placing of an order requires payment.
The Customer has, provided that he has not yet confirmed his payment, the possibility of returning at any time to the choice of his Products, to rectify any errors made when entering his Order and / or to modify all or part of his identification data (including billing and / or delivery address).
Any payment confirmation requires acceptance of these CGV, which the Customer undertakes to validate, after having fully read them, by checking the box provided for this purpose.
4.3 Payment for the Order is made by credit card (Visa, Master Card, other credit cards) or by any other secure online payment method indicated to the Customer.
Any Order by the customer is debited before shipment.
4.4 A confirmation e-mail is sent to the Customer upon receipt of his payment and after verification by the Company of the availability of the Products in stock.
The sending by the Company of a confirmation e-mail definitively validates the Customer’s Order. However, and if for whatever reason, the HLVS association is not able to follow up an Order, it will inform the Customer by e-mail as soon as possible and proceed subject to it being has already cashed the amount upon reimbursement.
4.5 The Order confirmation email that the HLVS association sends to the Customer in accordance with this article 4 contains a link to connect to his account in order to download his invoice in format, as well as the version of the CGV which are in force. on the validation date, 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.
The HLVS association reserves the right to modify its prices at any time.
All orders are invoiced on the basis of the rates in effect at the time of validation, in accordance with Article 4.2 of the Customer’s Order.
The full payment of the price implies transfer to the benefit of the Customer of the ownership of the Products.
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 post 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 in the letterbox, the package is made available in the post office to which the Customer is attached. The Customer has a period of 15 consecutive days from the arrival of the package at the post office to come and collect it. After this period, it will be returned to the Company.
• delivery by the PACKLINK platform:
PACKLINK offers deliveries by, among others, UPS, Mondial Relay, Colissimo etc
See their delivery conditions on their website: packlink.fr
6.3 In the event of late shipment, the Customer receives an email indicating a new delivery date.
7 – RETRACTATION
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 its decision.
7.2 The request for withdrawal is sent to the HLVS association by the Customer:
• or by returning the RETRACTATION form (available on the website www.cala-artist.com) duly completed and signed to the Product shipping address.
• or by connecting to their Customer Account from the “Order details” section.
The Products are returned by the Customer by post, at his expense, to the address of the place of dispatch 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 of dispatch to the HLVS association of its withdrawal form by the Customer.
7.3 In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised if the Products, in particular when it concerns audio or video recordings of the CD or DVD type, 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 HLVS association in their packaging, in the case of CDs and / or DVDs, and in any event in their original state. (ie new condition allowing the Company to re-offer the Products for sale). Consequently, any clothing worn or having suffered damage and / or any CD and / or DVD which has been unsealed will not be taken back or reimbursed by the HLVS association.
7.4 In the event of withdrawal in accordance with this article 7, the HLVS association is required to reimburse, to the exclusion of the costs of returning the Products which are the responsibility of the Customer, all sums paid (including delivery costs) by the Customer and no later than 14 (fourteen) days following the date on which the HLVS association receives the Customer’s withdrawal form.
8 – CANCELLATION
8.1 In accordance with articles L. 216-1 et seq. Of the Consumer Code, and in the event that the HLVS association has not respected the delivery time indicated in the confirmation email sent to the Customer according to the Article 4.4 above, the Customer has, subject to article 8.2, the possibility of canceling his Order by registered mail addressed to the HLVS association after a first formal notice, already sent by registered mail to the HLVS association and ordering it to execute the delivery as soon as possible, has remained ineffective.
The Order is, in this case, canceled upon receipt by the HLVS association of the registered letter notifying it of said cancellation, except that the Order has actually been delivered, on the date of receipt of said letter, by the HLVS association.
8.2 No cancellation is possible in the event of late delivery due to an address error attributable to the Customer.
8.3 In the event of cancellation, in accordance with this article 8, the HLVS association is required to reimburse all sums paid (including delivery costs) by the Customer and this no later than 14 (fourteen) days following the date on which the HLVS association receives the Customer’s letter notifying him of the cancellation.
8.4 Purchase or access to show tickets alone or as part of a commercial offer
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the context of leisure activities to be provided on a specific date or period.
Consequently, in the event of the purchase of a good or service allowing the purchase of a show ticket or access to a pre-sale of a show ticket, the right of withdrawal cannot be exercised by the Customer, including when access to the presale of the show or the show ticket is part of a commercial offer including the purchase of other goods and / or services.
9 – CUSTOMER COMMITMENT
9.1 The Customer declares to be of legal age or undertakes, failing this, to obtain, prior to his registration, the authorization of his parents or guardian exercising parental authority, the latter remaining in any event as guarantors of compliance with these CGV, which the Customer expressly declares to know and accept.
9.2 The Customer agrees 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 CGV as well as to keep, if necessary by printing them, all copies of the CGV which will be sent to him by the HLVS association in accordance with the Article 4.4 above.
10 – ASSOCIATION GUARANTEES
10.1 THE HLVS ASSOCIATION 5 allée de la Maladière 21220 CHAMBOEUF guarantees that the goods comply with the contract. The 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 HLVS association, under these guarantees, undertakes at the Customer’s choice 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 subject to the Customer informing it immediately upon receipt by contacting Customer Service by e-mail or letter at the following postal address: ASSOCIATION HLVS 5 allée de la Maladière 21220 CHAMBOEUF
10.3 In this regard, it is specified that the HLVS association 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 the article. 7.3 and in the event of damage, that this must be mentioned on the delivery slip. The cost of returning the Products will be reimbursed by the HLVS association to the Customer upon presentation of the relevant supporting document.
10.4 The HLVS association undertakes to archive any Order (including delivery slip, invoices and the current version of these CGV) for an amount greater than 120 euros excluding tax, in accordance with the legislative provisions in force, for a period of 10 years.
10.5 It is recalled that the HLVS association is liable for defects in the conformity of the goods with the contract under the conditions of article L.217-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for. in articles 1641 and following of the civil code. It should be remembered that:
– when acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the good to act and that he can choose between repair or replacement of the good, 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 good during the twenty-four months following delivery of the good. For second-hand goods sold, 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 of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
11 – PERSONAL DATA
11.1 The HLVS association undertakes to respect the confidentiality of personal data communicated, in accordance with these CGV, by the Customer and to process them in compliance with the Data Protection Act n ° 78-17 of January 6, 1978. The Customer also has the right to access and rectify his personal data which can be exercised at any time from his Customer Account.
11.2 The HLVS association 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 in the contract and may also be communicated, which the Customer expressly declares to be aware of and accept, by the HLVS association to phonographic producers, artists and / or manufacturers of Products sold from the Service in order to allow the processing of Orders in accordance with these CGV as well as to send e-mails containing any commercial offers and / or to keep Customers informed, in particular in the context of newsletters of the latest 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 them from being distorted, damaged or that unauthorized third parties have access to them, the HLVS association undertakes to make its best efforts to guarantee the security of personal information collected from the Service.
12 – FORCE MAJEURE
The responsibility of the HLVS association cannot be called into question if the non-performance or the delay in the performance of one of its obligations described in these CGV results from a case of force majeure, as defined. and retained by the jurisprudence of French courts and tribunals.
13 – MISCELLANEOUS
The consumer can seize, either one of the jurisdictions territorially competent under the code of the civil procedure, or the jurisdiction of the place where he lived 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 appealing free of charge to the consumer mediator of the HLVS association, for the amicable resolution of the dispute.