Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE OF THE OFFICIAL FANAVENUE.COM SHOP
1- PURPOSE
These General Terms and Conditions of Sale (hereinafter the "GTC" or "General Terms and Conditions of Sale") apply to any sale of products and articles concluded on the viviennemusic.shop website (hereinafter the "Website"), exclusive property of FanAvenue S.A.
FANAVENUE, customer service – 11 rue de la cotterie – Z.A Casablanca – 40230 Saint Vincent de Tyrosse – France – Tel. : + 33 (0) 5.58.58.52.00
Fan Avenue is a limited liability company (Société à Responsabilité Limitée) with a capital of €10,000, registered with the Dax Commercial Register under SIRET number 449 393 370 (hereinafter "FanAvenue")
The purpose of the GTC is, on the one hand, to define the rights and obligations of the parties in connection with the sale of products (hereinafter the "Products") by FanAvenue to the consumer (hereinafter the "Customer") presented on the Website and, on the other hand, to inform any potential Customer of the terms and conditions under which FanAvenue operates the sale and delivery of Products ordered by the Customer. The GTC apply without restriction or reservation to all Products offered for sale by FanAvenue on the Website.
FanAvenue reserves the right to modify these GTC at any time and without prior notice. Nevertheless, the applicable General Terms and Conditions of Sale are those in force at the time of the Order placed by the Customer.
The Customer declares and acknowledges that they are legally capable of entering into contracts for products offered for sale by FanAvenue on its Website and that, prior to any Order validation, they have read and accepted the rights and obligations resulting from these GTC.
Any Order placed by the Customer on the Website implies the Customer's full and complete acceptance of these GTC, which they acknowledge having read prior to any Order.
The sale of Products on the Website is exclusively reserved for retail sales and to individual consumers.
Under no circumstances may the Website be used by professional seller Customers, alone or in groups, regardless of the marketing method for their products. The Customer therefore acknowledges and accepts that the Products may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of products ordered in a single order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. FanAvenue reserves the right to refuse an order clearly validated by a professional seller Customer.
2- DESCRIPTION AND CHARACTERISTICS OF THE PRODUCTS
The Customer may select one or more products from those offered for sale on the Website.
Prior to any Order and in accordance with article L.111-1 of the Consumer Code, the Customer may consult, on the website, the description and essential characteristics of the Products sold by FanAvenue. The photos, videos and animations associated with the Product sheets are given for information purposes only.
3- PRICE
General provisions
The prices of the Products available for sale on the Website are indicated in euros, all taxes included, including the value added tax (VAT) applicable on the day of the Order. Prices do not include the eco-contribution amount and the amount of participation in preparation and shipping costs, the latter being invoiced in addition to the price of the ordered products. Shipping costs will, however, be indicated before any Order validation by the Customer. FanAvenue reserves the right to modify the prices of the Products at any time. Nevertheless, the Customer will be informed thereof, and the Products will be invoiced on the basis of the rates in force at the time of Order confirmation. Prices are applicable in the context of distance selling.
In the event of an Order to a country other than mainland France, the Customer is considered an importer and customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of FanAvenue. They will be borne by the customer and are their sole responsibility, both in terms of declaration and payment to the competent authorities and/or bodies of the Customer's country. The provisions of the General Tax Code relating to VAT in particular will be applicable.
Sales – Promotions – Promotional codes
All promotions are valid for the duration defined in the offer and the sales offered by FanAvenue are valid for the legal duration in force. Promotions and sales apply only to the items indicated.
Promotional codes and vouchers are applicable to the ex-tax amount of the Order or, where applicable, of one of the products in the Order, excluding shipping costs. Promotional codes and vouchers are not cumulative unless otherwise stipulated. They cannot be exchanged for their monetary value. They are personal and non-transferable and can only be used once by the Customer when validating their Order. The validity date of each voucher as well as the terms of use are specified on the document given to the Customer (voucher sent by email to the address provided by the Customer or paper voucher given to the Customer).
In order to benefit from the reduction associated with a promotional code or a voucher, the Customer must imperatively enter the reference in the box provided for this purpose when placing the Order. In case of oversight, FanAvenue will not be able to cancel the Order or renew it to take into account the said promotion.
Any fraudulent use, or use contrary to the spirit of the promotion, of a promotional code will render the said code null and void.
4- ORDER
The Customer can place their Order:
By mail
The Customer can send their Order to the address of FanAvenue's registered office on plain paper, to the address of Fanavenue's registered office, 11 rue de la cotterie, ZA casablanca, 40230 saint Vincent de Tyrosse, specifying the desired delivery address.
On the Website's online shop
The Customer can place their Order themselves on FanAvenue's online shop, after opening an account and specifying the desired delivery address. By clicking on the "{I buy}" button (or the associated symbol), the Customer confirms the addition of the product to their Order, then by checking the "{I accept the general terms and conditions of sale}" option in the Order summary, which alone can activate the "{Finish my order}" button, the Customer declares having read and fully and unreservedly accepted all of these GTC. Finally, by clicking on the "Finish my Order" button in the Order summary, the Customer definitively confirms their Order.
By telephone
The Customer can place their Order from Monday to Friday, from 9 a.m. to 6 p.m., by calling 05 5858 52 00 at the cost of a local call (rate according to operator). FanAvenue will open an account for the Customer and register the customer's order, asking them to specify and confirm the delivery address.
Before any validation of their Order, the Customer has the possibility to check the details of the envisaged Order and to correct any errors.
The Customer declares having read and accepted these General Terms and Conditions of Sale before placing their Order. The Customer's validation, regardless of the means by which the Order was placed, therefore constitutes acceptance of the said General Terms and Conditions of Sale.
Subject to the Customer's right of withdrawal, the Order can no longer be cancelled by the Customer and the sale will then be final.
A summary of the Order information and the General Terms and Conditions of Sale will be communicated to the Customer by any appropriate means, including by sending an Order confirmation email to the address indicated by the Customer when validating their Order. An email will also be sent to them when their Order is shipped. This information is also available on their online Customer account.
FAN AVENUE reserves the right to suspend or cancel any execution of an Order and/or delivery in the event of default of payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website.
5- PRODUCT AVAILABILITY
Product offers are valid as long as they are visible on the Website and within the limits of available stock. Despite all the care taken by FanAvenue in stocking its inventory, an item may become unavailable between the time of order placement and delivery. In this case, the Customer will be informed by email and/or telephone as soon as possible of the total or partial unavailability of the ordered products and the total or partial cancellation of their Order. In the event of total unavailability, the Order will then be fully refunded. In the event of partial unavailability, the Customer's bank account will be debited for the full amount of the Order, they will receive the available products and will be refunded the price of the unavailable product(s) as soon as possible and, at the latest, within 30 days of full payment of the Order.
6- DEADLINES
The delivery times indicated by FanAvenue may vary according to the destination and the delivery method chosen by the Customer and do not include weekends or public holidays. These are average times calculated according to the availability of products and delivery times depending on the delivery method chosen by the Customer, which, in case of replenishment necessity, implies taking into account the date of receipt of the products communicated by FanAvenue's supplier. In case of exceeding the delivery time, the Customer may decide to cancel their order under the conditions provided herein.
7- DELIVERY
Products are shipped from Monday to Friday inclusive, excluding weekends and public holidays, to the delivery address indicated by the Customer. FanAvenue delivers everywhere in mainland France (including Monaco and Corsica), as well as to the French Overseas Departments and Territories, and worldwide. A delivery note summarizing the products actually present in the parcel(s) is systematically attached to the products in the parcel. It is also available in the "{My account}" section of FanAvenue's online shop. The Customer is informed of the shipment of their Order by email, which includes the name of the carrier, the parcel number, and a link to its online tracking system.
Delivery by La Poste
Parcel delivery to the mailbox at the address indicated by the Customer, generally within two (2) to five (5) working days for an address located in mainland France (including Monaco and Corsica) as well as in the French overseas departments and territories, and within 2 days to 3 weeks for the rest of the world, depending on the destination. The recording of the delivery information by La Poste's information system constitutes proof of delivery. In case of impossibility of delivery to the mailbox, La Poste reserves the right to make several delivery attempts to the address indicated by the Customer. It may take the initiative to deliver to any person present at this address, including the caretaker or concierge who agrees to take delivery. In case of impossibility of delivery, the parcel is held at the location indicated on the delivery notice. The Customer has approximately ten (10) days to collect their parcel. After this period, the parcel is automatically returned to FanAvenue, which in this case reserves the right to re-invoice the Customer for the transport costs for a new delivery.
Delivery to a relay point
Provision of the parcel at a relay point at the address indicated by the Customer, generally within two (2) to five (5) working days for an address located in mainland France (including Monaco and Corsica). The recording of the delivery information by La Poste's information system constitutes proof of delivery. The Customer must present their identity document to collect the parcel. The Customer has approximately ten (10) days to collect their parcel. After this period, the parcel is automatically returned to FanAvenue, which in this case reserves the right to re-invoice the Customer for the transport costs for a new delivery.
Delivery by carrier
Parcel delivery against signature within one (1) to three (3) working days. Parcels are handed over to any person present at the designated address without FanAvenue being able to check whether the identity of the person present matches the name of the recipient designated by the Customer in their Order. In the event of impossibility of delivery due to the absence at the delivery address indicated by the Customer of a person capable of signing the delivery receipt, parcels are automatically returned to FanAvenue under the conditions provided by the carrier. FanAvenue reserves the right in this case to re-invoice the customer for the amount of transport costs for a new delivery. Delivery is deemed to have taken place upon provision of the product to the Customer by the delivery person, as evidenced by the carrier's control system.
Shipping and handling fees
Participation in preparation and shipping costs includes all taxes and amounts to €6.50 including VAT for mainland France. An additional charge will be requested for shipments to Corsica, Monaco, the French Overseas Departments and Territories. Transport rates outside mainland France are displayed at the time of Order validation, depending on the selected delivery country.
Transfer of risks and ownership
The Customer, or the recipient of the Order, is invited to check the apparent condition of the package and products upon delivery.
The transfer of risks occurs upon delivery of the goods, however, the products remain the property of FanAvenue until full payment of the price and various costs associated with the processing of the Order. The receipt of transported items extinguishes any action against the carrier for damage or partial loss if, within three days, excluding public holidays, following receipt, the consignee has not notified the carrier by extrajudicial act or by registered letter of their reasoned protest. FanAvenue cannot under any circumstances be held responsible for damages occurring during transport if the Customer transports the goods by their own means.
Lost parcel
If five (5) working days after the parcel has been dispatched the Customer has no news of their Order, they must contact FanAvenue, who will open an investigation with the carrier. If the parcel is definitively declared lost (definitive answer generally within a maximum of three (3) weeks) FanAvenue will notify the Customer and immediately arrange for redelivery of the Order.
8- PAYMENT
The payment currency is the Euro, to the exclusion of all other currencies. The full payment is due at the time of the Order. Payment is made by credit card, cheque, bank transfer, Paypal, or any other condition and payment method explicitly accepted by FanAvenue on the Order confirmation.
Payment by credit card
In the case of card payment, the Customer's bank account will be debited after the Order confirmation sent by FanAvenue. Only Visa, Eurocard and MasterCard credit cards are accepted by FanAvenue. The Customer guarantees that they are fully authorized to use the credit card and that this credit card provides access to sufficient funds to cover all costs resulting from the Order. FanAvenue's online shop uses one of the most efficient security systems currently available. To secure online payments, FanAvenue has not only adopted the SSL (Secure Socket Layer) encryption process but also uses a digital certificate to strengthen all scrambling and encryption processes in order to protect all sensitive data related to payment methods as effectively as possible.
Fight against credit card fraud
FanAvenue reserves the right to verify the personal data provided by the Client and to take all measures deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the Order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or address and/or bank documents (RIB or cancelled check). The Client's failure to respond to such a request within five (5) days following FanAvenue's request will automatically result in the cancellation of the Order concerned. FanAvenue will also have full discretion to directly cancel an Order that presents one or more risk factors for fraudulent credit card use.
Payment by any other means
In the event of payment by check, bank transfer, PayPal, or any other means authorized by FanAvenue, delivery times only begin to run from the actual date of receipt of payment or, where applicable, the down payment, by FanAvenue.
9- INVOICING
Invoices are issued regularly by FanAvenue based on deliveries made. After the validation of their order, the invoice is sent to the Client at the email address they previously provided to FanAvenue. In the event of an invoice dispute, whether before or after the delivery of the corresponding Order, FanAvenue reserves the right to suspend the client account until the disputed situation is resolved and to suspend the preparation of any ongoing Orders, even if these have not been disputed by the Client.
10- WARRANTY
In accordance with the provisions of the Consumer Code and the Civil Code, all products sold on the Website benefit from the legal guarantee of conformity (as defined in articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code). The application of these guarantees allows the Client to return defective or non-conforming delivered products free of charge.
Legal guarantee of conformity
The legal guarantee of conformity is defined as follows by the Consumer Code:
Article L.217-4: “The seller delivers goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery.
The seller is also liable for conformity defects resulting from the packaging, assembly instructions or installation when the latter was carried out under the seller's responsibility or provided for in the contract."
Article L.217-5: “The goods are in conformity with the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller, and accepted by the latter. "
Article L.217-12: “Any action based on lack of conformity must be brought within two years of the delivery of the goods."
Warranty against hidden defects
The warranty against hidden defects is defined as follows by the Civil Code:
Article 1641: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them."
Article 1648: “The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be relieved of apparent defects or non-conformities."
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It is recalled that under the legal guarantee of conformity, the Client, as a consumer:
The legal guarantee of conformity applies independently of any commercial guarantee that may cover your goods. It is recalled that the consumer may decide to invoke the warranty against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and that in this case, they can choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. |
Under the legal guarantee of conformity and according to the Client's choice, FanAvenue undertakes:
- to replace the product with an identical product subject to available stock, or alternatively
- to refund the price of the product if replacement of a product proves impossible.
Under the legal warranty for hidden defects and according to the Client's choice and after evaluation of the defect, FanAvenue undertakes:
- to refund the full price of the returned product, or alternatively
- to refund a portion of the product price if the Client decides to keep the product.
11- RIGHT OF WITHDRAWAL – RETURN – CANCELLATION – REFUND
Products sold on the Website benefit from the "satisfaction or money back" clause for fourteen (14) days from the date of receipt of the Products by the Client, without the Client having to justify their decision, in accordance with the provisions of articles L.221-18 et seq. of the Consumer Code.
Right of withdrawal
The Client may exercise their right of withdrawal in accordance with the provisions of the Consumer Code and using the form attached to these GTC; they are free to opt either for the exchange of the returned Product(s) or for their refund.
If the Client opts for a refund of their Order, their request will only be processed after the seller has received the returned Product(s). In all cases, only the price of the returned product(s) and the delivery costs will be refunded. The refund will be made by crediting the payment method chosen by the Client at the time of payment. The refund period by the seller shall not exceed 14 days from the receipt of the returned Product(s) at FanAvenue's premises. The costs of returning the Products are borne by the Client.
In the event that the Client has exercised their right of withdrawal within fourteen (14) clear days from the date of receipt of the Order and if the products have been used or damaged, FanAvenue reserves the right to claim damages in compensation for the prejudice suffered resulting from such use or degradation.
Refund or Exchange
The Client exercising the right of return is free to opt either for the exchange of the returned Product(s).
If the Client opts for an exchange of the item(s) from their Order, they must return the unwanted product(s) at their own expense. Their request will only be processed after the seller has received the returned product(s). The Client must explicitly specify the desired item(s) in exchange, as well as the size. If the amount of the new Order is higher, the Client will have to pay the additional costs. If the amount of the exchanged Order is lower, FanAvenue will issue a refund by crediting the payment method chosen by the Client at the time of payment, within a period of less than 15 days. The return period for the new item(s) by the seller shall not exceed 15 days from the day of receipt of the package. The seller bears the costs of the second shipment.
Products must be returned in perfect resalable condition, properly protected in their original packaging, accompanied by all possible accessories, user manuals and documentation. From the date of receipt of the products, FanAvenue has a period of thirty (30) days to check them, validate the procedure, exchange the product for an identical one, offer a product of the same value, or accept a refund.
It is up to the Client to contact their bank to verify, confirm, and validate the refund, as FanAvenue has no control over events that occur after the payment order has been placed with its own bank.
12- AUDIO OR VIDEO RECORDINGS OR SOFTWARE
In application of the provisions of article L.221-28 of the Consumer Code, certain products cannot be subject to the right of withdrawal, including "audio or video recordings or computer software."
Specifically concerning computer software, it is and remains the exclusive property of the manufacturer and its licensor. Therefore, no transfer of ownership can be made on the software. Only a license for use is granted. The user may not, in any form whatsoever, assign, grant, communicate, or lend them, whether for consideration or free of charge, nor reproduce them. FanAvenue acting as an intermediary, its liability cannot be engaged regarding the content of CD ROMs, DVD ROMs, or software developed by different publishers. The Client must take all useful measures for the protection of their own data, software, and computers against virus contamination that may circulate on the internet or be contained in software sold by FanAvenue, which cannot be held liable for any damages that may be suffered by the Client due to computer viruses.
13- RETENTION OF TITLE
FanAvenue retains ownership of the products sold until full payment of the price, including principal, costs, taxes, and mandatory contributions.
14- PERSONAL DATA
As the data controller, FanAvenue collects personal data from the Client. This personal data is necessary for managing the Order. The purposes, recipients, and conditions under which FanAvenue collects and processes the Client's personal data are specified in the "Personal Data" and "Cookies" policies available on the Website.
15- PROOF
The Client acknowledges and accepts that the data recorded in FanAvenue's computer system and that of its partners, such as carriers to whom FanAvenue has entrusted the products for delivery to the Client, or data recorded by the banking services used by FanAvenue, constitute proof of all transactions between FanAvenue and its Client. FanAvenue systematically confirms orders placed by the Client based on this data.
16- CUSTOMER SERVICE – MEDIATION
The Client has the possibility to contact FanAvenue's Customer Service for any additional information, any question relating to the tracking of an Order or a return, or for any complaint relating to the Order. The Client can contact FanAvenue's Customer Service by phone at: 05.58.58.52.00 (cost of a local call from France depending on the operator), Monday to Friday, excluding public holidays, from 9:00 a.m. to 6:00 p.m., or by e-mail at fans@fanavenue.com.
In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, FanAvenue adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling), whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.
In the event of a complaint not resolved amicably by FanAvenue's Customer Service and after prior written approach to FanAvenue, the Client may refer the matter to the Mediator Service for any consumer dispute that has not been resolved. To learn about the procedures for contacting the Mediator: http://www.mediateurfevad.fr/index.php/espace-consommateur/.
The European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
17- LIMITATION OF LIABILITY
The photographs and texts reproduced and illustrating the products presented by FanAvenue in its catalogs and commercial proposals are not contractual. The Client is invited to refer to the description of the characteristics of the Products as mentioned on the Website. Consequently, FanAvenue cannot be held liable in the event of an error in any of these photographs or texts. FanAvenue's liability cannot be called into question for simple errors or omissions that may have remained despite all precautions taken in the presentation of the products.
18- SEVERABILITY OF CLAUSES
In the event that any of the terms herein are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force. Thus, the nullity, lapse, unenforceability, or non-applicability of any of the stipulations herein shall not entail the nullity, lapse, unenforceability, or non-applicability of the other stipulations, which shall retain their full effect. However, the parties may, by mutual agreement, agree to replace the invalidated stipulation(s). In any case, no derogation from these terms may be allowed without the express prior agreement of FanAvenue.
19- HEADINGS
The headings of the articles contained herein are for reference convenience only. They shall not be used to interpret, limit, or modify these terms.
20- GOVERNING LAW AND JURISDICTION
These GTC are governed by French law. This applies to both substantive and procedural rules.
EXCLUSIVE JURISDICTION IS GRANTED TO THE COMPETENT FRENCH COURTS FOR ANY DISPUTE RELATING TO THE GENERAL TERMS AND CONDITIONS OF SALE, PARTICULARLY THEIR VALIDITY, INTERPRETATION, EXECUTION, OR TERMINATION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, EVEN FOR URGENT OR CONSERVATORY PROCEEDINGS IN REFEREE OR ON PETITION.
21- PERSONAL DATA PROTECTION CHARTER
Charter available on this page.
APPENDIX: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To FanAvenue Customer Service – 11 rue de la cotterie – Z.A Casablanca – 40230 Saint Vincent de Tyrosse – France – or by email at fans@fanavenue.com.
I hereby notify you of my withdrawal from the contract for the sale of the following good:
Ordered on ___________(*)/received on ____________(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in the case of notification of this form on paper):
Date:
(*) Delete as appropriate.