Terms and conditions of use

ARTICLE 1 :   SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE "GTC"

ARTICLE 2 :   SALES TO PROFESSIONALS - SALES TO NON-PROFESSIONALS

ARTICLE 3 :   PRODUCTS

ARTICLE 4 :   ORDER

ARTICLE 5 :   PRICE PAYMENT

ARTICLE 6 :   RETENTION OF OWNERSHIP AND TRANSFER OF RISK

ARTICLE 7 :   DELIVERY

ARTICLE 8 :   ORDER RECEIPT

ARTICLE 9 :   RETURN

ARTICLE 10 : WITHDRAWAL

ARTICLE 11 : LEGAL GUARANTEES

ARTICLE 12 : CONTRACTUAL GUARANTEES

ARTICLE 13 : TAXES AND EXPORTS

ARTICLE 14 : LEGAL NOTICES AND LIABILITY

ARTICLE 15 : COMPANY CONTACT INFORMATION

ARTICLE 1: SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE (THE "GTC")

These General Terms and Conditions of Sale (GTC) apply to all orders placed on the concertiste.com website (the "Site") of the company ARP (the "Company") or at the Company's pick-up point in Savigny-sur-Orge (91600) at 80 Boulevard Aristide Briand.

The Company reserves the right to adapt or modify the GTC at any time. Only the GTC in force on the date of the order are applicable. The Company therefore advises you to save and/or print and retain the GTC when placing an order.

By validating your order, you declare that you have read and accepted all the present GTC and have full legal capacity to commit to these terms.

ARTICLE 2: SALES TO PROFESSIONALS – SALES TO NON-PROFESSIONALS

These GTC apply to sales concluded with both professionals and non-professionals, with the stipulations in this Article 2 reserved for professionals.

2.1. Application of the GTC to Professionals

Professionals are understood to be any natural or legal person holding an extract from the French company register (KBIS) dated less than three (3) months.

The stipulations of this Article that conflict with those in the other articles of these GTC will apply.

These GTC constitute the basis of commercial negotiation in the context of relationships between the Company and professionals.

Any order implies unconditional acceptance of these GTC, which prevail over all other conditions, except those expressly accepted by the Company.

As a professional, the provisions of the Consumer Code mentioned below do not apply to you.

2.2. Payment Terms

It is the Client's responsibility to verify the technical characteristics of the devices for professional use and the compatibility of performance with the intended uses.

In accordance with Article D.441-5 of the Commercial Code, in case of late payment, the Client will automatically owe the Company, in addition to the late payment penalties already provided by law, a fixed indemnity of 40 euros for collection costs.

2.3. Sales Conditions

The sales conditions described in Articles 6 (RESERVATION OF OWNERSHIP AND TRANSFER OF RISK), 7 (DELIVERY), and 9 (RETURN) of these GTC also apply to sales to professionals.

Unless expressly stated otherwise, the unit prices of the products sold are those listed in the price catalog on the day of the order. These prices are firm and final, excluding delivery charges.

ARTICLE 3: PRODUCTS

3.1. Product Availability

Product availability and delivery times are displayed on each product page on the Site.

If a product becomes totally or partially unavailable after your order, the Company will inform you by email and offer to modify your order or cancel and refund you, except for orders of specific parts outside the paper or online catalog, custom-made parts, or spare parts. For orders made with a voucher, the order cannot be refunded. The amount of the products will be credited to your concertiste.com client account.

3.2. Product Identification

The photographs, texts, graphics, and technical sheets are taken from documentation prepared by manufacturers or constructors, reproduced under their control and with their agreement. The images do not constitute a contractual element.

3.3. Product Prices

Product prices are displayed inclusive of tax on the site. To benefit from a price match*, simply send us a link or a quote specifying the observed price so that a consultant can apply the match. You can send these details to 0 950 950 936 or info@concertiste.com.

*Price matches are made for all available products with identical products, services, delivery times, and warranties. The price must be active and verifiable at the time of the match. concertiste.com reserves the right not to match the price of a product in case of a loss-making sale (articles L 420-5 and L 442-2 of the Commercial Code). Price matches are not combinable with promotional codes or specific tariffs during special operations.

ARTICLE 4: ORDER

4.1. Information at the Time of Order

Any order on the Site requires the creation of a customer account, accessible via the email address provided and the password chosen during account creation. You must verify the completeness and accuracy of the information you provide, especially regarding the delivery address. In case of error, the consequences (including re-shipping costs) will be your responsibility.

ARTICLE 5: PAYMENT OF THE PRICE

5.1. Payment Methods

To pay for your order, you have all the payment methods offered at the final validation of the order form. Your order payment is debited on the day of order validation.

5.2. Online Payment Security

By validating the order form, you guarantee that you have the necessary authorizations to use the chosen payment method. The Company certifies that credit card details are encrypted using SSL (Secure Socket Layer) protocol and never transit in clear text on the Company’s network. Payment is made directly to the Company's bank.

5.3. Principle of Cash Payment

Apart from special offers on the Site, payment is required in full at the time of order validation. An order is considered settled when all products have been shipped, and you have paid the full price of the products and your contribution to shipping costs.

The Company reserves the right to refuse an order in the event of an existing or past dispute related to the payment of a previous order.

5.4. Payment by Check

If you choose payment by check, please ensure that the billing address, delivery address, and address on the check are identical. If these three addresses do not match, we will not be able to validate your order, and your check will be returned. You will then be able to choose a new payment method by contacting our Customer Service at 0 950 950 936.

5.5. Special Offers

Promotional codes and personal offers are not cumulative. All promotional offers (temporary pricing, free shipping, etc.) visible on the concertiste.com site are reserved for individual customers, valid while stocks last, and not compatible with the purchase of a product in Stock B.

Special Offer: Free shipping from 89€ of purchase in mainland France and Monaco, with the ECO 72H option. This offer is valid for cash payments only (administrative mandates are not valid for this offer), excluding large volume products delivered by SCHENKER as well as pianos and harps.

Special Offer: Free shipping from 380€ of purchase in mainland France and Monaco for large volume products delivered by SCHENKER excluding pianos and harps. This offer is valid for cash payments only (administrative mandates are not eligible for this offer).

ARTICLE 6: RESERVATION OF OWNERSHIP AND TRANSFER OF RISKS

The Company retains full ownership of the ordered and delivered products until the complete and effective payment of all sums due for the order (including fees and taxes).

The reservation of ownership applies without hindering the transfer of risks to you upon delivery of the product.

ARTICLE 7: DELIVERY

7.1. Choice of Transport Mode

The products will be delivered to the address you provided on the order form. We currently deliver to over 220 countries (excluding countries at war); the list of shipping prices is available in our Frequently Asked Questions (FAQ). Depending on the weight and/or volume of the various products ordered, you may be delivered by Chronopost, DB Schenker, Colissimo, GLS, or courier. The Company reserves the right to charge a shipping fee contribution. Our deliveries are made "to the door," meaning at the entrance of your building or house (without stairs or difficulties).

7.2. Delivery Times

The applicable delivery times are those indicated when your order is validated, subject to availability and no stock errors by the Company or its supplier.

Any order paid by check will be processed upon receipt of payment by the Company, and the check will be cashed immediately. Any order paid by credit card (Visa, Carte Bleue, MasterCard, American Express) will be debited the day or the next business day after your order is validated by our anti-fraud and bank verification systems. Availability and estimated shipping times are calculated from the date of actual payment registration by the Company. Other payment methods (check, transfer, administrative mandate) will be processed upon receipt of payment by the Company.

Orders paid with credit insurance will be honored within the authorized credit limit.

7.3. Delivery Delay

In case of a delivery delay, we invite you to report this delay to our customer service. We will then open an investigation to locate the product. If the product is found, it will be delivered as soon as possible. If not, and after obtaining the loss report declared by the carrier, we will resend the product or, in the event of permanent unavailability, we will refund the amounts received.

7.4. Pickup at the Company's Collection Point (Click & Collect) in Savigny-sur-Orge (91)

This option is offered for orders placed on the concertiste.com website. As soon as your order is available for pickup, you will receive an email to come and collect your merchandise.

You will then have 30 (thirty) business days to collect the products reserved for you. After this period, the availability of the ordered products will no longer be guaranteed.

ARTICLE 8: ORDER RECEIPT

The following recommendations do not limit the scope of the legal conformity guarantee provisions provided in articles L.211-4 to L.211-14 of the Consumer Code.

It is recommended to check (or have the authorized representative check) the apparent condition of the products upon delivery. In case of an apparent anomaly (damage, missing product, damaged package, broken products, etc.), it is advised to precisely note this on the delivery receipt and have the driver sign it. Additionally, you should fill out an "anomaly report," which must be sent to the Company. Please note that the mention "subject to unpacking" has no legal value.

Whether you accept the delivery or not, for any opened and/or damaged package, you must make "handwritten reservations" on the delivery receipt, which you must notify us and the carrier of by mail within three (3) business days following the delivery.

If the product needs to be returned, you can send it back to the customer service department.

This return should be accompanied, if applicable, by a copy of the letter addressed to the carrier or the "anomaly report" obtained from the carrier. The return will be carried out in accordance with the terms of Article 9 below, provided that the reservations made on the carrier's receipt are motivated and sufficiently precise.

ARTICLE 9: RETURNS

9.1. Assignment of a Processing Number

To ensure efficient handling of returns, accurate diagnosis, and quick intervention by the manufacturers, a return request must be made either by phone or email, stating the reasons for the return. A return number will then be provided, along with a prepaid label if applicable, to cover the return shipping costs to the Company in case of a product error or non-conformity by the Company.

If needed, the Company will cover the shipping costs to the supplier as well as the return shipping costs to you for the repaired or exchanged product, within mainland France or bordering countries.

9.2. Complete Return of the Order

Only products returned in their entirety (accessories, warranty coupon, cables, manuals, case, etc.), with their original packaging, all intact and in good condition, will be accepted by the Company (excluding consumables, software, custom-made products, or items that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection - such as headphones, in-ear earphones, stylus and cartridges for vinyl turntables, etc.). The product must be shipped to the Company at your expense and must be accompanied by a copy of the invoice and an explanatory letter.

Refunds or exchanges require that you have not damaged the product. No stamps or writings should appear on the product or its packaging. In case of non-compliant returns, the item will be sent back to you in its current state without notice.

9.3. Precautions

We specifically draw your attention to the fact that for your return shipments, you must:

Declare the value of the product, as it appears on the purchase invoice; and,

Ensure full insurance coverage for return risks, corresponding to the purchase invoice value.

Unless the product is non-compliant or the return is covered by the Company, the costs and risks associated with returning the product are your responsibility.

ARTICLE 10: WITHDRAWAL

10.1. Withdrawal Period

10.1.1 Product Orders

You have a withdrawal period of 14 calendar days from receipt to return, at your expense, products that do not suit you (excluding custom orders, and products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection).

10.2. Exercise of the Right of Withdrawal

If you exercise your right of withdrawal, you can request either an exchange of an amount equivalent to the sums paid or, if applicable, with a supplement; or a refund of the amounts received, which will occur within a maximum of 14 days following the withdrawal, by re-crediting (secure transaction) in the case of payment by credit card, or by check in other cases.

Refunds may be deferred until the Company receives the goods or until you provide proof of shipment of these goods.

10.3. Exclusions to the Right of Withdrawal

In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

Items that have been specially ordered, made according to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly; and,

Audio or video recordings or software that have been unsealed by the Client after delivery, musical scores, music theory books, and other publications.

Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.

ARTICLE 11: LEGAL GUARANTEES

11.1. Conformity Guarantee

As a non-professional, you can invoke the legal guarantees of conformity provided by the Consumer Code, particularly the following articles:

Article L.211-4: "The seller is obligated to deliver a product that conforms to the contract and is responsible for conformity defects existing at the time of delivery.

They are also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were their responsibility under the contract or were carried out under their responsibility."

Article L.211-5: "To be in conformity with the contract, the product must:

Be suitable for the usual purpose of a similar product and, if applicable:

correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

present the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labeling;

Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the seller."

Article L.211-12: "The action resulting from a conformity defect is limited to two years from the delivery of the product."

11.2. Warranty Against Hidden Defects

Both non-professionals and professionals can request the application of the legal warranty against hidden defects under the conditions provided in Articles 1641 to 1649 of the Civil Code.

Article 1641: "The seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish its use that the buyer would not have acquired it, or would have given a lower price for it if they had known."

Article 1648, paragraph 1: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

ARTICLE 12: CONTRACTUAL WARRANTIES

12.1. Manufacturer's Warranty

Both non-professionals and professionals, products purchased on our Site benefit from the manufacturer's warranty indicated on the product sheet, granted by the supplier.

Manufacturer warranties are generally one year, parts and labor, with the understanding that brands do not guarantee wear parts, namely: lamps, faders, crossfaders, potentiometers, tweeters, speakers, guitar strings, drumheads, amplifier lamps, batteries, batteries, etc. Under these warranties, the supplier may charge for certain services (technician travel expenses, product transport, etc.).

In the event of a breakdown during the manufacturer's warranty period, repairs will be provided free of charge by the national network of centers, stations, or technical agencies approved by the manufacturers or directly by the importers.

We draw your attention to the fact that proof of a breakdown caused by negligence, damage, or improper use would render the manufacturer's warranty ineffective. This proof is provided by the manufacturer.

The Company cannot be held liable for the exercise of this warranty to which it is not a party.

The purchase invoice must be provided to benefit from the manufacturer's warranty on the products.

Manufacturers, suppliers, and importers announce a minimum processing time of 30 days for their after-sales service.

12.2. Commercial Warranty

12.2.1. Concertiste.com Warranty

The concertiste.com warranty supplements the manufacturer's warranty duration to extend protection according to the following specific durations, unless otherwise specified in the product sheet:

5 years: for instruments in the "Acoustic Pianos" category

3 years: for instruments in the "2nd hand Acoustic Pianos " category

2 years: for instruments in the "Harps", "Brass", and "Winds" categories

1 year: for instruments in the "Accordions", "Guitars", "Lutherie", "Percussion", "Electronic Keyboards", "Harps", "2nd hand Brass ", and "2nd hand Winds " categories

6 months: for instruments in the "2nd hand Guitars ", "2nd hand Lutherie ", "2nd hand Percussion ", "2nd hand Electronic Keyboards ", "2nd hand Harps " categories

Under this warranty, Concertiste commits to providing free workshop interventions, covering parts, labor, as well as adjustment and repair costs.

The warranty does not apply in the following cases:

Repair of damages caused by external factors to the device (accident, impact, lightning, storm, temperature fluctuation, humidity, or electrical current).

Use, installation, or connection not compliant with the manufacturer's specifications or instructions.

Intervention by a person not authorized by ARP.

Use detrimental to the proper preservation of the device.

Commercial or collective use.

Use of peripherals, accessories, or consumables not suitable for the device.

Standard maintenance (such as tuning, adjustment) and wear parts (such as strings, pads, buffers, felts, or cork) not covered by the warranty.

For electronic keyboards: damage resulting from program modification or data setting, or software defect.

File destruction and software loss resulting from breakdowns.

Damage caused by the use of software acquired through illegal means (copy).

Application of specific provisions of manufacturer and importer warranties on sold or repaired devices.

The concertiste.com warranty is applicable for products billed from January 1, 2017. For reconditioned products (Stock B / Stock 2), a 3-month commercial warranty is offered, which can be extended with additional coverage.

12.3. Exclusions from Manufacturer's Warranty or Commercial Warranty

The following are not covered by the warranty:

breakdowns, damages, failures, or defects attributable to abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the product;

breakdowns related to accessories and peripherals;

breakdowns resulting from the modification of the original construction and characteristics of the device;

breakdowns affecting parts that do not conform to those recommended by the manufacturer;

breakdowns resulting from non-compliance with the instructions provided by the supplier;

breakdowns occurring after a repair performed by a person other than the Company or the supplier;

breakdowns occurring due to corrosion, oxidation, incorrect connection, or power-related issues;

breakdowns occurring as a result of the sale of the product;

These warranty exclusions do not reduce or deprive the possibility of exercising legal warranty actions.

In the event of resale or purchase of your equipment to a third party, it is specified that the warranty is not transferable.

ARTICLE 13: TAXES AND EXPORTS

In principle, all orders will be invoiced inclusive of all taxes (VAT).

However, individuals outside the European Union may automatically benefit from tax exemption provided that the delivery address specified on the Site is located in a country outside the European Union. The invoice will then be issued excluding VAT.

Additionally, professional individuals from the European Union may provide their intra-community VAT number (contact our "Sales Administration" department for verification). The invoice will then be issued excluding VAT, and the VAT will be self-assessed in the country of delivery.

ARTICLE 14: LEGAL NOTICES AND LIABILITIES

14.1. Liability

The Company shall not be held liable for indirect damages or costs, nor for loss of data or information, and all damages or expenses arising from the use or inability to use the product.

14.2. Force Majeure

The Company cannot be held responsible for the non-performance of the contract due to the occurrence of a force majeure event.

All irresistible, unforeseeable, and independent events or circumstances are considered as fortuitous or force majeure events exempting liability.

14.3. Data Protection Law

The information you provide to the Company for your orders is used for order processing and tracking, marketing, and customer relationship management.

Unless proven otherwise, the Company's computer records, kept under reasonable security conditions, shall serve as evidence of communications, orders, and payments made.

The Company will archive order forms and invoices on a reliable and durable medium, which can be legally produced as evidence.

Upon request, you may access all your orders.

In accordance with the "Data Protection" law No. 78-17 of January 6, 1978, you have the right to access, rectify, and oppose all your personal data at any time by writing, by mail and by providing proof of your identity, to the following address: "concertiste.com - 80 Boulevard Aristide Briand - 91600 Savigny sur Orge - France".

Depending on your choices made during the creation or consultation of your account, you may receive offers from our company. If you no longer wish to receive them, you can request to stop at any time by email to info@concertiste.com or by writing to the address above.

We inform you that this automated information processing, particularly the management of users' email addresses, has been declared to the CNIL (French Data Protection Authority).

14.4. International Sales

Any dispute arising from an order, concerning, for example, execution, interpretation, validity, or cancellation will be subject to French law.

14.5. Autonomy of Contractual Provisions

If one or more provisions of these general conditions are deemed invalid or declared as such in accordance with a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

ARTICLE 15: COMPANY CONTACT INFORMATION

Company Name: ARP

Legal Form: Limited Liability Company

Capital: € 7 622.45

Registered Office: 2, Avenue des Tilleuls - 91300 Massy

Registered with the Trade and Companies Register of Evry under the unique identification number: 342 942 976

Trade Name: concertiste.com

Customer Service:

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concertiste.com,

80 Boulevard Aristide Briand

91600 Savigny sur Orge

Phone: 0 950 950 936

from 9:30 am to 12:30 pm and from 2:30 pm to 6:30 pm from

Tuesday to Saturday, excluding holidays.

Email: info@concertiste.com