Terms and Conditions of Sale
BEST OF BOTH WORLDS
SARL with a capital of 5000 euros
Registered with the Melun Trade and Companies Register under SIRET number 844112516
Whose registered office is located at 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Tel: 01.83.62.21.42
1. Seller's identification
This site is accessible at www.eramusic.shop, It is published by Shopify
BEST OF BOTH WORLDS customer service can be reached at the contact details indicated above.
2. General provisions relating to the General Terms and Conditions of Sale, hereinafter referred to as "the GTC".
2.1 Purpose of the GTC:
The GTC are exclusively applicable to the online sale of products by SARL BEST OF BOTH WORLDS on its sole merchant site www.eramusic.shop. They are written in French and in case of doubt regarding the interpretation of any translation, only the original French version will be authoritative.
They constitute, along with the purchase order validated by the consumer, the contractual documents enforceable against the parties.
2.2 Scope of application of the GTC
The GTC exclusively govern online sales contracts for products of SARL BEST OF BOTH WORLDS (hereinafter, "the seller") to buyers who are consumers (hereinafter, "consumers"). They constitute, along with the order confirmation email, the sole contractual document. Under no circumstances can they prevent the exercise of the right of withdrawal available to the consumer.
2.3 Availability and enforceability of the GTC
The GTC are made available to consumers on the website www.eramusic.shop
The consumer acknowledges having accepted all of the GTC without any reservation by validating the payment.
The validation of the order by its confirmation constitutes the buyer's acceptance of the GTC in force on the day of the order. The storage and reproduction of the GTC are ensured by the seller in accordance with article 1127-1 of the Civil Code.
2.4 Modification of the GTC
The seller reserves the right to modify the GTC at any time, for all or part of the clauses, without warning and without having to pay any compensation to the consumer.
In the event of modification of the GTC, the applicable GTC are those in force on the day of the order.
2.5 Severability clause of the GTC
The eventual nullity of one of the clauses of the GTC does not entail the nullity of the GTC as a whole, only the clause deemed unwritten losing its effect.
The temporary or definitive inapplicability of one or more provisions of the clauses of the GTC by the seller cannot constitute a waiver on its part of the other clauses of the GTC, which continue to produce their effects, to its potential advantage.
3. Products
3.1 Characteristics
The consumer who wishes can obtain additional information on a product, by making a request to the seller's customer service.
The products offered for sale on the site are each subject to a description mentioning their essential characteristics, in accordance with article L.111-1 of the Consumer Code.
The consumer who places an order in the absence of information on a product is deemed to accept it in the actual state in which it will be delivered to him.
Differences may exist, including but not limited to, the actual color of the product, its apparent material, the finishes (closures, buttons, seams, etc.). The consumer cannot invoke a slight modification to request reimbursement or exchange of a product.
Information relating to products is provided subject to typographical error.
3.2 Compliance
The products comply with the prescriptions of current French law relating to the safety and health of persons, fair commercial transactions and consumer protection at the time of their placing on the market.
4. Price
4.1 Selling price
The selling prices are indicated for each of the products offered for sale on the site www.eramusic.shop in euros, all taxes included, excluding delivery, transport and/or preparation costs. These potential additional costs are mentioned before order validation, and are invoiced separately.
The total amount due by the consumer for their order is indicated on the order confirmation page.
4.2 Modification
The seller reserves the right to modify its prices at any time, without warning, upwards or downwards.
In the event of a change in the price of a product after an order has been placed by the consumer, the selling price of the product is that in force on the day the order was placed by the consumer.
5. Offer
Online sales offers are available to all consumers located in mainland France and Corsica.
Online sales offers are valid while stocks last (unless otherwise specified for a particular duration).
The acceptance of the offer by the consumer is carried out according to the double-click process: the consumer clicks once to validate their basket, then they are invited to click a second time to validate the order summary presented to them. This second click then allows them to access the secure payment page.
6. Order
6.1 Stages of concluding the online sales contract:
To place an order, the consumer must fill their virtual cart with the items they wish to order. To do this, they select the desired product, indicate its size and color if applicable, the desired quantity, and then click on "add to cart".
The customer is then redirected to a summary page of their choices which allows them to check their order, and possibly correct or modify it.
Once their choice is confirmed, they must click on the "confirm order" button. This second click constitutes full and unreserved acceptance of the GTC and forms the contract.
An order registration confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and precise information when placing an order.
This information must be such as to enable the seller and the carrier to fulfill their obligations in the best possible conditions.
This includes, but is not limited to, the consumer's contact email address, their full delivery address, their first name, last name, and telephone number.
The seller is released from any liability in case of input error or partial or incomplete input by the consumer, not including the guarantees for hidden defects or the commercial guarantee legally benefiting the consumer.
6.2 Order modification
Any order modification by the consumer after confirmation is subject to the seller's acceptance and the availability of the requested products.
The modification request can only be taken into account before the order preparation. The preparation time is generally 24 (twenty-four) hours, but it can be shorter and no guarantee can be given to the customer regarding this delay.
The seller is not obliged to take into account a late modification request (received after order preparation).
6.3 Order validation
The seller reserves the right to refuse any order for legitimate reasons.
The seller reserves the right to refuse any order from a consumer with whom there is a dispute (ongoing, not definitively resolved).
In case of refusal, the consumer will be fully reimbursed within a reasonable period, and in any case within 30 (thirty) days.
6.4 Unavailability of ordered products
In case of unavailability of one or more products in an order, the seller will inform the consumer within a reasonable time and offer them a product of equivalent quality and price. If the consumer wishes, they can be reimbursed or receive a credit note usable on the site.
7. Contract
7.1 Conclusion
The sales contract is formed when the consumer double-clicks to confirm their order.
7.2 Resolution
The contract may be terminated by the seller in the following cases:
– Consumer's refusal to take delivery of ordered products,
– Resolution Return to sender of the package due to imprecise information provided,
– Non-payment of the price (without prejudice to possible legal action against the consumer).
In all the cases mentioned, other than the legal right of withdrawal, the amount of any deposits paid remains with the seller as compensation.
8. Withdrawal
From the receipt of the products, the consumer has a legal withdrawal period of 14 (fourteen) days without having to justify their decision or pay any penalty.
Any return shipping costs are borne by the consumer.
To exercise this right, the consumer must complete and send the withdrawal form located at the end of these GTC to customer service.
Following this request, the consumer is assigned a return number.
The consumer returns the products without undue delay, if they wish, accompanied by the return number to facilitate the processing of their request, to the seller:
BEST OF BOTH WORLDS / ERA
621 Avenue Blaise Pascal
77550 Moissy-Cramayel
The consumer is reimbursed within 14 (fourteen) days following the date of receipt of the products, provided that the products have arrived at the seller's premises in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and the return slip. A return that shows that one of these criteria is not met will not be accepted and the product will be returned to the consumer.
The risks associated with the return of a product are borne by the consumer. It is their responsibility to take all necessary measures to secure their return (packaging, protection). In case of a shipment delivered without signature not received by the seller, it is the consumer's responsibility to provide proof of receipt of the product.
Without this proof, no refund can be made. No refund will be processed if the returned product has not arrived at the seller's premises.
This is why we strongly recommend that all consumers who wish to make a return request registered delivery with a declaration of the product's value and insurance, and delivery against signature.
Proof of delivery is then constituted by the affixing of the BEST OF BOTH WORLDS company stamp on the recommendation slip or by the signature of the returns manager.
8.1 Mediation
In accordance with Article L. 612-1 of the Consumer Code, within one year from their written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, to
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr,
email: contact@sasmediationsolution-conso.fr
9. Payment
The price is due in full after order confirmation.
Payment is made on an independent secure platform.
The consumer's banking information is not accessible to the seller. It does not pass through any of its servers. Only trusted third parties responsible for encryption digitally process this information to ensure perfect transaction security and optimal protection of banking data.
The provisions of Article 1359 of the Civil Code are inapplicable to distance sales.
BEST OF BOTH WORLDS accepts cards from the CB, Visa, and Eurocard/Mastercard networks issued on bank accounts domiciled in the European Union. The consumer's bank card will be debited at the time of order confirmation. For this purpose, they guarantee that they are the holder of the bank card to be debited and that the name appearing thereon is indeed their own. The consumer must provide the sixteen-digit number and the expiration date appearing on the front of their bank card, as well as, if applicable, the visual cryptogram numbers appearing on the back.
10. Delivery
The seller undertakes to hand over the products to its carrier within 7 (seven) working days (excluding pre-orders) after receipt of full payment for the order. This period is extended to 10 (ten) working days for the following periods: winter and summer sales, "flash" sales and private sales operations, end-of-year holidays (from December 1st to January 10th).
Delivery delays cannot give rise to the payment or claim of compensation from the seller in cases where such delay is either attributable to the consumer, or to the unavoidable and unforeseeable act of a third party to the contract, or to a case of force majeure.
Products are delivered to the address indicated by the consumer on the order form.
The consumer who accepts a product without making reservations to the carrier accepts it as is. They are then deprived of any possibility of making a complaint regarding delivery.
In the event of deterioration or partial loss of the product, the consumer must imperatively make reservations upon receipt on the delivery note, a duplicate of which is sent to the professional seller and, within 3 (three) days following this receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt.
If the product does not conform to the order, the consumer must send a complaint to customer service to obtain a replacement of the product or possibly the termination of the sale.
11. Warranties
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-1 to L. 217-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the seller undertakes, at the consumer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
Any request made under these guarantees must be sent by registered letter with acknowledgment of receipt to the following address:
BEST OF BOTH WORLDS / ERA
621 avenue Blaise Pascal
77550 Moissy-Cramayel
Products covered by the warranties must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by ERA's customer service.
The consumer will be reimbursed for return postage costs no later than thirty days following the seller's receipt of the product.
12. Liability
12.1 Transfer of ownership and transfer of risks
The transfer of ownership of ERA products to the consumer will only occur after full payment of their price by the consumer.
The transfer of risks to the consumer, however, will only occur upon delivery, i.e., at the time the ERA products are handed over at the delivery address indicated by the consumer.
12.2 Exemption from liability
The seller's liability cannot be engaged in case of non-performance or improper performance of the contract due either to the act of the buyer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure.
Proof of this obligation is provided by the production of the deposit slip for parcels to the carrier.
12.3 Defective product
In the event of damage caused by a defective product, the consumer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.
13. Termination clause
The termination of the order in the cases provided for in these GTC will be pronounced by registered letter with acknowledgment of receipt and will be acquired automatically without judicial formality.
14. Intellectual property
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law, and patent law. All texts and images presented on the seller's online sales site are reserved, worldwide, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. This includes these general terms and conditions of sale.
Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal proceedings for counterfeiting.
15. Dispute resolution
All complaints must be addressed to the following address:
BEST OF BOTH WORLDS / ERA
621 avenue Blaise Pascal
77550 Moissy-Cramayel
In the event of a dispute between the seller and the consumer, the latter may initiate a conciliation procedure directly with the seller to resolve the dispute, without the intervention of a third natural or legal person.
16. Territorial jurisdiction
For any dispute relating to an order placed on the online sales site www.eramusic.shop for any dispute relating to these GTC, the competent court will be that of the seller's domicile.
17. Applicable Law
The parties agree to resort to mediation to try to find an amicable solution to their dispute and to resort to justice only in the event of failure of mediation.
These GTC are subject to French law.