Last updated on : 12/07/2021
Article 1 – LEGAL NOTICE
The website, which can be accessed through URL www.tampco.fr (the « Website »), is edited by :
TAMPCO Pedals and Amplifiers company with a shared capital of 1000 euros, registered at the R.C.S. of Evry under the number 900 521 428 R.C.S EVRY, with its head office domiciliated at 11 rue Charles PEGUY, 91120 PALAISEAU, represented by Rodolphe PUCCIO its president.
(then called the "Operator").
The unique VAT number of the exploitant is : FR30900521428.
The Website is hosted by the company OVH SAS, filiale de la société OVH Group SAS domiciliated at 2 rue kellermann, 59100 Roubaix, (phone number : 0899 701 761 (1.349 € incl. tax by call, and 0.337 € incl. tax/mn) ).
The Website’s Publication Director is Rodolphe PUCCIO.
The Operator can be contacted by phone at the number +33 6 64 69 74 48 or by e-mail at the address email@example.com.
Article 2 – GENERAL INFORMATION RELATED TO THE TERMS OF SALES
The Terms of Sales ("TOS") are only applying to online sales of the products proposed by the Operator on its Website.
The TOS can be consulted on the Website and can be sent to the customers if they are asking for it.
The TOS are opposable to the customer who recognizes, by checking the appropriate box or clicking the corresponding button, that he or she aknowledges them before ordering. Confirming an order implies that the customer agrees with the TOS in effect on the day of the order, which are kept and reproduced by the Operator.
Article 3 – PRODUCT DESCRIPTION
The Website is an online shop dedicated to electronic accessories for musicians (the "Product(s)") and opened to any moral or physical person using the Website (the "Customer").
Products available on the website all have their own description detailing their characteristics, provided by the supplier or accessible on its website by a link available on the Website. Pictures illustrating said products are not contractual. The user manual of each product, if necessary, is available on the Website or delivered with the product. Products are compliant with the French laws on the time.
The Customer is responsible of how he accesses the Website and of the consequences of such an access, especially through internet. The Customer may have to pay technical subcontractors, like their internet provider. Moreover, the Customer should provide and be responsible of all the devices he or she uses to connect to the Website.
The Customer agrees to having verified that its digital configuration is secured and working.
Article 4 – CREATING AN ACCOUNT
In order to place an order on the Website, the Customer will need to create an Account. Once created, the Customer can access it by using his or her credentials and password, which is secret, personal and confidential. The Customer is responsible for not communicating his or her password and credentials as per the PERSONAL DATA article of the TOS. Each Customer agrees with being the only responsible to the access of the Website by its credentials, except of a verified fraud. Each Customer will inform the Operator as soon as possible in the case of a missing password, a fraud or a modification of his or her credentials or password.
After creating the Account, the Customer will receive an e-mail confirming the creation.
When creating the Account, the Customer commit to :
• Only use true, exact and updated data, and especially not using false names or addresses without being allowed to by the Operator.
• Update data whenever they might change to keep them true and exact.
Moreover, the Customer agrees not to give illegal or reprehensible data, like taking someone else's identity or slanderous information, as well as damageable data, like malwares. Otherwise, the Operator will take measures to suspend or prevent the Customer's access to the Website by its own fault.
Article 5 – ORDERS
The Operator tries to keep its Products available. Products are onlyu available while stocks last.
If a Product is unavailable after the Customer's order, the Operator will let the Customer know by e-mail as soon as possible and the Customer will be able to choose between :
• The delivery of a product with a similar price and quality as the one previously ordered, or
• The refund of the ordered Product within 30 days of the totality of the initiam payment.
When that last option is not choosen by the Customer, the Operator does not have to refund the Customer, except when the non-performance of the agreement is its own fault.
With the exception of the legal right of retract described by the Laws and the exception of any opposite notice in the present TOS, the orders placed by the Customer are definitive.
When ordering, the Customer must select the Products he wants, add them to his or her cart by indicating the Products choosen and the corresponding quantities. The Customer can verify its order et total price, and come back to the previous steps to modify his or her cart, before placing the order.
The Customer agrees to having read the TOS of the time of ordering before accepting them and confirm the shipping method, their cost and return policy before ordering. By confirming an order, the Customer agrees to the TOS and the sales agreement.
A copy of the TOS as agreed to by the Customer will be sent by e-mail when ordering so that he or she can refer to it.
Contractual informations related to the order, like the order number or reference, will be confirmed by e-mail when available and before delivering the products. The Operator heavily advises the Customer to print and/or archive the order confirmation as a proof of the order. A digital invoice will be available to the Customer through its Account. The Operator also advises the Customer to print and/or archive the invoice as a proof of the order.
Any e-mail sent to the Customer related to an order will be sent to the e-mail address used by the Customer to identify themself on their Account.
The Operator has the right to refuse an order for any legitimate reason, and especially when :
• The Customer does not respect the TOS when placing the order
• The order history of the Customer shows that payments are still due for previous orders
• A previous order is the reason of an on-going dispute.
• The Customer did not answer to an order confirmation from the Operator.
The Operator keeps all the sales agreement of the Products in compliance with the Law. The Customer can request a copy of the agreement to the Operator by sending an e-mail to the following address : firstname.lastname@example.org.
Any order modification by the Customer after being placed is subject to the agreement of the Operator.
The information communicated by the Customer when ordering, especially their name and shipping address, commit themself. Hence, the Operator is not responsible if a mistake is made on said information which might slow down or prevent the delivery of the order.
The Customer declares having all the legal capacity allowing him to agree with the TOS.
Registering an Account is available to adults and minors under the surveillance of a parent or a tutor having the parental right. Registering an Account is forbidden for another third-party, except if mandated by said third-party, like a company for example. The registration is strictly personal for each Customer.
The Operator has the right to terminate the the Customer's Account without notice if said Customer is not complying with one or multiple provision(s) of the TOS.
Article 6 – PAYMENT AND SECURING
The Customer recognizes that every order placed on the Website is an order with a payment obligation, which needs the payment of a price in exchange of the delivery of the Product ordered.
The Operator has the right to control the validity of the payment, before shipping the order and by any means.
The Operator uses the online payment system Stripe.
Orders can be paid using one of the following method :
• Credit Card. Payment is done directly through the bank servers of Stripe, the Customer's credit card information are not used directly within the Website. These information are protected by SSL encryption (Secure Socket Layer), so that they are not available to other third-parties.
The Customer's order is saved and confirmed as soon as the payment is accepted by the bank.
The Customer's account will be debited of the corresponding amount only when (i) the credit card information are verified and (ii) the debit is accepted by the credit card's bank.
If the case where it is impossible to debit the payment, the order will be canceled.
The credit card can be refused if it expired, if ir reaches the Customer's bank limit or if the information provided are incorrect.
• Electronic wallt (like Stripe). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account to pay for their order in total security and without communicating credit card information.
• Bank transfer. The Customer can pay for their order with a bank transfer. When ordering, the Operator will provide the receiving bank account's information, as well as the order reference to be written on the transfer. Orders are processed within 48h of receiving the transfer.
In that case, the order will only be considered as active after the secure banking establishment has allowed the transaction.
If a control is needed, the Operator may have to ask for all the supporting documents needed to validate the Customer's order. These documents won't be used in other contexts than said control.
Article 7 –PAYMENT OF THE PRICE
The price of the Products are indicated in euros including tax, without shipping. During a discount period, the Operator will apply the discount to every order placed during the period.
Price is payable in euros (€) exclusively. The full payment is mandatory after confirming the order. Prices displayed include any discount the Operator could give.
If shipping is needed, the corresponding cost will be clearly added to the total price of the Products before placing the order. The total price of order and the amount the Customer owes are indicated on the confirmation page of the order.
Article 8 – FORMING THE AGREEMENT
The agreement between the Operator and the Customer is formed when the Customer confirms their order.
Customers should take notice of the order procedure on the Website. When the Customer places an order, he or she will confirm it by using the "double-click" technique, meaning that after selecting all the Products and adding them to the cart, the Customer has to control and correct if necessary the content of the cart – id and quantities of the selected products, price, shipping – before validating the cart by clicking on the appropriate button. He or she will then proceed to accept the TOS before clicking on the "pay" button, and confirming the order by filling the form with the bank information. The "double-click" technique is an electronic signature from the Customer equivalent to its personal signature. In that way, it is an irreversible agreement of the Customers' order.
The operator should archive the communications, purchase orders and invoice using a reliable and long-term support. These documents can be produced as a proof of the agreement. All data saved by the operator on internet or through phone form a proof of the transactions made between the Operator and its Customers, except if decided otherwise.
The Customer can resolved the command with a registered letter with aknowledgment of receipt or any other long-term reliable document in case of :
• delivery of a non-conform Product compared to the displayed characteristics at the time of the agreement.
• Delivery after the limit date written on the purchase order, or if it is not written, thirty (30) days after signing the agreement, after that the Operator was asked to complete the delivery with a reasonable additionnal delay.
• Increase in price which is not justified by a technical modification of the product forced by the Law or its representative.
In all cases the Customer can ask for a refund of the advanced payment with interests at the legal rate starting from the date of collection of the payment.
The order can be resolved by the Operator in case of :
• The Customer refusing the delivery
• A non-payment of the price at the time of delivery.
Article 9 – PROPERTY
The Operator remains the sole owner of the Products ordered on the Website until the full collection of the price of the order, shipping included if applicable.
Article 10 – SHIPPING AND DELIVERY
The delivery process consists of physically transferring or giving control of the Products to the Customer.
The Operator proposes the following shipping and delivery services depending on the nature of the product : Home delivery Colissimo or express Chronopost.
Shipping costs are clearly stated when finalizing the order and are accepted when confirming the order.
The operator will commit to delivering the Products in a maximum delay of thirty (30) days after receiving the order on the Website.
Shipping delay is calculated in working days on the Website when ordering. This delay includes preparing, posting and shipping the parcel.
The Operator will ship the Products as per the announced delay on each Product page and on the cart, as long as the payment of the order is not refused.
However, if one or more Product(s) could not be delivered on time, the Operator will let the Customer know the new date of delivery by e-mail.
Products will be shipped to the address indicated by the Customer when placing the order. It is the Customer responsibility to verify that the address does not contain mistakes. The Operator responsibility cannot be involved in the case of an erroneous address given by the Customer and preventing or slowing down the delivery;
A signature may be asked to Customer on delivery.
There will be no delivery in a postalbox.
When delivering, it is the Customer reponsibility to verify that the Products are conform to the order and that the parcel is sealed et not damaged. Otherwise, the Customer has to indicate these information on the delivery receipt he signs. There will be no receivable complaint about the quantity or state of the Products if the information are not clearly stated on the delivery receipt.
Article 11 – RIGHT TO RETRACT
If the Customer is not happy with a delivered Product, he or she may return it to the Operator. The Customer has fourteen (14) days starting from the date of delivery to return the Product.
In compliance with article L.221-21 of the French Consumer Code and to help the Customer to use their right to retract in the conditions of articles L. 221-18 and successors, of the said Code, the Customer is welcomed to fill and send to the Operator the following form : download the withdrawal form.
The Operator will aknowledge the receipt of the Customer's right to retract by e-mail.
In that case, the Customer can exert their right of retract by giving the following information to the Operator :
• Full name, geographic address, phone number and e-mail address.
• Will to retract in a non-ambiguous manner, like a postal mail or an e-mail. The Customer can use the withdrawal form if he or she wants, even though it is not mandatory.
Return cost are the Customer's responsibility, exception made of when the goods cannot be normally sent through the Post or any other mean of sending a parcel or freight, in which case the Operator will get the goods back at its own costs.
Exceptions of article L.221-28 of the Consumer Code applies and prevent the right to retract, especially when the order consists of :
• Services fully executed before the end of the retractation period and started after the Customer agreement to deliver the Services and renoncement of using his or her right to retract.
• Delivering goods or services which price depends on financial market variations on which the Operator has no control and that may happen during the retractation period.
• Goods that are made or customized following the Customer's specifications.
• Goods that may rapidly degrade or expire.
• Goods which were unsealed by the Customer after delivery and that could not be sent back for hygiene reasons or health protection.
• Goods which by their nature are mixed with other articles in an inseparable manner
• Audio or video recordings or files, or software.
• being done through a public bidding system
• any digital content that is not contained in a physical object and of which execution starts after the agreement of the Consumer and his or her renouncement of his or her right to retract.
The Product has to be return in its original packaging, in perfect state, ready for another sale, unused and with all its accessories.
In addition with the returned Product, the parcel should also contain a letter with the full name and address of the Customer as well as its order number or reference, and the original invoice corresponding to the order.
The Operator will refund the Customer of the price of the Product within a fourteen (14) days after receiving the Product and all the other elements needed to refund the Customer. The refund can be done on the same payment method as the Customer used when ordering initially. In that sense, a Customer who ordered with a credit note or gift cards or vouchers can be refund in the same manner by the Operator.
By accepting the TOS, the Customer agree to the conditions of his or her right to retract.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator :
• at phone number +33 6 64 69 74 48 from 9AM to 6PM, UTC+01:00, from Monday to Friday.
• By e-mail at email@example.com by indicating his or her full name, address, phone number, e-mail address, the subject of the demand and the order number or reference.
Article 13 – INTELLECTUAL PROPERTY AND WEBSITE USE LICENSE
The Operator is the only owner of all the elements available on its Website, especially and without limits, every texts, files, images which may or may not be animated, photographs and pictures, videos, logos, drawings, models, softwares, brands, visual identity, database, Website structure and every other component of intellectual property and other data or information (the "Elements") which are protected by the laws and rules of French and international codes of intellectual property.
Consequently, none of the Elements of the Website can be fully or partially modified, reproduced, copied, duplicated, sold, transmitted, published, communicated, distributed, streamed, represented, saved, used, rent or exploited in any manner, either paid or not, by a Customer or a third-party, whatever the means and/or supports involved, known or not to this day, and without the explicit written consent of the Operator for each case of use, and the Customer is the only responsible to any unauthorized use and/or exploitation.
Moreover, the Operator is not the owner of content published online by its Customers, for which they are the sole responsible, especially regarding legal responsibility.. Customers consent to the Operator a non-exclusive, transferable, licensable, free and mondial license to use the content intellectual property that they published on the Website, for all the time of protection of said content.
The Operator has the right to take all the lega measures against persons or third-parties who or which have not respected the prohibition written in this article.
ARTICLE 14 – GUARANTEE AND RESPONSIBILITY
The Operator is not responsible of the inexecution of the agreement because of the Customer, or because of an event qualified as a force majeure a qualified court, or because of an unpredictable and insurmontable event due to any third party.
The Operator is not responsible of imported, published or saved information by the Customers on the Website. The Customer is the only responsible for the use of his or her information and the resulting damage to any third-party, whether directly or indirectly.
The Customer understands and agrees that the characteristics and constraints of Internet do not provide enough security, disponibility and integrity of data transmission on the Internet. Hence, the Operator cannot guarantee that the Website and its services will function without interrupt or functionnal issues. In particular, the Website and its services may be closed for maintenance, update or technical improvements, or to modify its content and/or its display.
The Operator is not reponsible of the use of the Website and its services by Customers in violation with the present TOS, and/or direct or indirect damages that such an use could cause to a Customer or any third-party. In particular, the Operator is not responsible of false statements made by a Customer and his behaviour to third-parties. In the case where the Operator responsability would be involved due to the behaviour of one of its Customer, said Customer commits to guarantee the operator against all the possible fees, especially lawyer fees engaged for the Operator's legal defense.
The Customer is the sole responsible of the content integrity he or she may post to the Website, and declares having the legal rights to post them, guaranteeing to the Operator that he does not put online any content that violates third-parties rights, especially intellectual property, or invasion of other person's rights or privacy – especially slander, insults, and so on – or a violation of moral – especially apology of crimes against humanity, encouragement of racial hatred, child pornography, and so on. If violating the applicable laws, moral or the present TOS, the Operator can ban the Customers that are guilty of such a violation and delete illegal information and content. The Operator is qualified as hosting the content put on the Website by third-parties. As a reminder, the Operator has no general surveillance obligation about the content transmitted or stored through the Website. In the case where the Operator may be responsible for the content stored on the Website by the Customer, said Customer commits to guarantee the operator against all the possible fees, especially lawyer fees engaged for the Operator's legal defense.
Independantly of all additionnal commercial guarantee that might be proposed to the Customer, the products have a legal guarantee of conformity as per articles L. 217-4 and following of the French Consumer Code (notably articles L. 217-4 to L. 217-14 of said Code), and a guarantee against hidden defects as per articles 1641 to 1649 of the Civil Code.
When acting by the legal guarantee of conformity :
• You have a two (2) years delay starting from the date of delivery of the order :
• You can choose between the repair or replacement of the goods, under the cost conditions of article L. 217-9 of the Consumer Code ;
• You do not have to prove the existence of the defect during the twenty-four (24) months after the date of delivery, except for second-hand or B-stock goods.
You can choose to apply the guarantee against hidden defects as per article 1641 of the Civil Code. In that case, you can choose between resolving the sales or reduce the price of sales as per article 1644 of the Civil Code.
Following is a transaltion of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and first paragraph of article 1648 of the French Civil Code, as per the date of the present TOS. This translation is provided as a reference and may not be perfect due to the translation. For more information about these articles, please refer to the French Consumer and Civil Codes.
Art. L.217-4 of the Consumer Code :
« The seller delivers a good which is conform to the agreement and is responsible of the conformity defects existing at the time of delivery. The seller is also responsible of the conformity defects due to the packing, assembly instructions and setup if they are left to him by the agreement or realised under his responsibility. »
Art. L.217-5 of the Consumer Code:
« The good is conform to the agreement :
1° If it can be used as could by a similar good and in this case:
- if it matches the description given by the seller and has the same quality as what was presented to the buyer as a sample or model ;
- if it presents the quality a buyer could expect considering the public declaration made by the seller, the producer or its representant, especially in adverstising or labelling ;
2° Or if it presents the characteristics defined on a common ground by the parties or can be used for any special purpose sought by the buyer, specified to the seller and that he agreed with. »
Art. L.217-7 of the Consumer Code:
« Conformity defects that appear under twenty-four months starting from the date of delivery of the food are supposed as existing prior to the delivery, except proved otherwise.
For second-hand goods, this delay is reduced to six months.
The seller can contest this presumption if it is not compatible with the nature of the goof or the conformity defect invoked. »
Art. L.217-9 of the Consumer Code:
« In case of a conformity defect, the buyer can choose between having the good repaired or replaced. The seller can decide not to proceed as per the buyer's choice if that choice implies an obviously incommensurate cost compared to the other option, considering the value of the goods or the significance of the defect. The buyer should then act, except if it is impossible, following the option not choosen by the buyer».
Art. L.217-12 of the Consumer Code:
« The action resulting from the conformity defect applies for two years starting from the delivery of the good. »
Art. 1641 of the Civil Code:
« The seller is responsible of the guarantee against hidden defects of the good which makes it improper to use as expected, or that would diminish its use so much that the buyer wouldn't have acquired it, or only at a fraction of the price, if he knew the defects.»
Art. 1644 of the Civil Code:
« In the case of articles 1641 and 1643, the buyer can choose between return the good and get a refund or keep it and get a partial refund »
Art. 1648 paragraph 1 of the Civil Code:
« The action due to crippling vices must be intented by the buyer in a delay of two years starting from the first discovery of said vices »
As a reminder, searching for amicable solutions and common ground before any legal action does not interrupt the delay of action of the legal conformity or the duration of any commercial guarantee.
ARTICLE 15 – COMMERCIAL GUARANTEE
The commercial guarantee, which is the Operator commitment to guarantee in addition to the legal guarantee of conformity, is subject to a written agreement in compliance with articles L. 217-15 and following of the Consumer Code and sent with the Customer.
ARTICLE 16 – CUSTOMER SERVICE
Customer service of the Operator not related to the commercial guarantee are subject to an agreement sent to the Customer.
Any complaint fitting the commercial guarantee must be sent to the following customer service :
• adresse électronique : firstname.lastname@example.org
• adresse postale : TAMPCO PEDALS AND AMPLIFIERS
11 rue Charles PEGUY, 91120 Palaiseau, FRANCE
• numéro de téléphone : +33 6 64 69 74 48
Products covered by the guarantee must be returned as new, with all their accessories, in a good state and with their original packaging after confirmation of the complaint by the customer service.
The shipping costs will be refund to the Customer at most thirty (30) days after the Operator receiving the returned Products.
ARTICLE 17 – PERSONAL DATA
Article 18 – HYPERTEXT LINKS
Consequently, the Operator will not be responsible of anything that follows the redirection of the Customer due to the use of hypertext links.
The Website may also contain promotionnal hypertext links and/or advertising banners redirecting to third-party websites not edited by the Operator.
The Operator welcomes the Customer to report any fraudulent or inappropriate hypertext link that may redirect to a third-party website against the laws.
The Customer may not use and/or insert hypertext links aiming at the Website without the written advice of the Operator for each case.
ARTICLE 19 – REFERENCES
The Customer allows the Operator to cite his or her name and/or logo as a reference in his communication media – brochure, website, commercial proposition, press communicate, press kit, internal communication and so on.
ARTICLE 20 – GENERAL INFORMATION
ENTIRE AGREEMENT BETWEEN THE PARTIES
The present TOS form an agreement dealing with the relationship between the Customer and the Operator. They form all the rights and obligations of the Company and the Operator related to their objects. If one or more of the proposition of the present TOS was to be nullified due to a law, a rule or any legal decision, the other propositions will keep all their force and scope. Moreover, the decision of one of the Parties not to take advantage of a breach commited by the other party against one of the proposition of the TOS will not be interpreted as a decision of ot taking advantage of the same breach in the future.
CHANGE OF CONDITIONS
The Operator has the right to modify at any time and without notice the content of the Website or its available Services, and/or cease temporarily of definitively to exploit all or parts of the Website.
Moreover, the Operator has the right to modify at any time and without notice the location of its Website on the Internet, as well as the present TOS. Hence, the Customer should take all the care to read the TOS before using the Website.
The Customer understands and agrees that the Operator cannot be taken responsible in any manner against him, her, or any third-parties because of these modifications or deletions.
The Operator advises the Customer to keep and/or print the present TOS for a long-term and reliable conservation, so that they can serve as reference at any moment during the agreement's life if needed.
COMPLAINT - MEDIATION
In case of a complaint, you first have to refer to the customer service of the company using the following phone or e-mail address : email@example.com or +33 6 64 69 74 48
In case of a failure of the complaint to the customer service, or without answer from the service within ten (10) days, the Customer can submit the issue related to the purchase order or the present TOS to the following mediator : CM2C, 14 rue Saint Jean, 75017 PARIS, FRANCE.
The mediator will try, being independant and impartial, to help the parties finding common ground and an amicable solution. The Parties are free to accept or refuse mediation, and if they accept, they are free to accept or refuse the solution proposed by the mediator.
These TOS are governed, interprated and applicable in compliance with the French Laws.
ACCEPTANCE OF THE TERMS OF SALES BY THE CUSTOMER
The Customer agrees to having carefully read the present TOS.
By registering on the Website, the Customer agrees to the present TOS and accepts them, establishing the agreement described by the TOS.
The TOS applicable to the Customers are those applicable at the time of the order, and of which a copy has been sent to the Customer following his demand, hence no change or deletion done by the Operator can apply on a past order, except with the agreement of the Customer of said order.