Terms and Conditions of Sale
Design, manufacture and sale of percussion sticks and mallets
as of 17/05/2023
SARL RESTA - JAY Percussions
522 918 770 R.C.S. MACON
SIRET 52291877000028
NAF Code 3220Z
Intra-Community VAT No. FR57522918770
RESTA - JAY Percussions
428 route de Verchizeuil 71960 VERZÉ
FRANCE
Tel.: +33 (0)3 85 22 19 40
E-mail: accueil@resta-jay.com
1. GENERAL PROVISIONS
The purpose of these Terms and Conditions of Sale (T&Cs) is to establish the rules governing transactions between the company RESTA-JAY Percussions and its customers.
Any order implies the customer's acceptance of these Terms and Conditions of Sale.
2. PRICES
The prices of our products are shown in euros (€), inclusive of all taxes (VAT included), excluding the contribution to processing and shipping costs (see paragraph 6, Delivery).
Subject to the eligibility of the country/territory of destination (in particular outside the European Union), pre-tax prices (excluding VAT) are available and automatically applied to the quotations and orders of customers logged in to their customer account or when the customer enters their shipping address.
All orders, whatever their origin, are payable in Euros (€).
RESTA - JAY Percussions reserves the right to change its prices at any time, it being nevertheless understood that the price shown in the catalogue on the day of the order shall be the only one applicable to the customer.
3. ORDERING TERMS
3.1. SALES TO PRIVATE INDIVIDUALS
Orders are placed exclusively on our website www.resta-percussions.com.
For any questions concerning orders, please contact us by e-mail: accueil@resta-jay.com
For all products available online, the customer can draw up a quotation themselves:
Products must be added to the basket; the quotation is obtained by confirming the basket and ticking "create a quotation" in box 4 of the Order Summary.
To access box 4, the customer must enter their contact details as address(es) in boxes 1 and 2 and choose a delivery method in box 3.
The quotation is issued automatically after acceptance of these T&Cs (by ticking the box provided for this purpose) and then confirmation.
The creation of a quotation does not in any way constitute the placing of an order.
Where applicable, for products that do not appear in the web catalogue, the quotation may be completed or amended by us at the customer's request.
Quotation validity period: 3 months
3.1.2. PAYMENT OF ORDERS
Payment for purchases is made when the order is placed, at the customer's choice during the payment confirmation step, and according to the methods offered by the company, namely:
- by bank card: Carte Bleue, Visa or MasterCard via the secure transaction protocol of Banque Populaire.
An order confirmation is displayed and automatically sent to you by e-mail once the complete payment protocol has been successfully completed.
RESTA - JAY Percussions cannot be held liable for any malfunction due to a service delivery problem on the part of Banque Populaire.
- by bank transfer. This method of payment may cause a delay in starting manufacture and/or preparation of the order, which will only begin upon actual receipt of the transfer.
- In France only: by bank cheque made payable to "RESTA-JAY Percussions", to be sent to us together with the order reference, full contact details, and delivery address if different, to the postal address given in the header of these T&Cs.
Manufacture and/or preparation of the order will only begin upon receipt of the cheque.
RESTA - JAY Percussions reserves the right to cancel any order from a customer with whom there is a pre-existing dispute relating to payment for a previous order.
3.1.3. CUSTOMER ACCOUNT
The customer may, if they wish, create a customer account in order to easily access their current orders, invoices and quotations at any time, and correct their contact details if necessary.
3.2. GOVERNMENT / PUBLIC-SECTOR ORDERS
3.2.1. QUOTATIONS
For any government or public-sector order, a quotation must be drawn up:
- the customer, or their representative within the relevant department/authority, can draw up the quotation directly on our site using the "create a quotation" feature (see paragraph 3.1.1 ). The billing address must correspond to the paying department of the authority.
- for quotations concerning products not listed on our site, or to add such products to your quotation, please contact us, preferably by e-mail.
3.2.2. ORDER CONFIRMATION
Upon receipt of an official purchase order, including shipping costs, the order is checked and confirmed by us and then put into production/prepared as soon as possible.
3.2.3. INVOICING and PAYMENT
Payment is due upon receipt of the invoice.
The invoice is sent by RESTA-JAY Percussions to the relevant authority for payment, via the CHORUS PRO platform if available, or by e-mail after the order has been dispatched.
3.3. ORDERS FROM ASSOCIATIONS
Associations may order directly on our site and pay using the payment method of their choice. Payment is due when the order is placed.
Associations may draw up a quotation beforehand in accordance with the terms set out in paragraph 3.1.1
3.4. RESELLERS
Special terms are available for our professional reseller customers and music shops, subject to presentation of the administrative documents proving their professional status and after validation on our part. Please contact us by e-mail to receive our Professional T&Cs.
3.5. GROUP ORDERS
4. ORDER CONFIRMATION
Upon completion of the order process when you click the "Confirm" button, you declare that you accept this order together with all of these Terms and Conditions of Sale, fully and without reservation.
The data recorded by SARL RESTA – JAY Percussions constitutes proof of all transactions entered into by the seller and its customers.
5. AVAILABILITY
Our product and price offers are valid as displayed on our site, subject to available stock, this information being confirmed when an item is added to the basket.
Our sticks, hand-crafted and assembled to order, require a manufacturing time that we strive to keep to a minimum, on average 1 to 10 working days after order confirmation, barring exceptional situations (supply issues, etc.).
Products that are temporarily unavailable are indicated as such and can neither be added to the basket nor be pre-ordered, unless otherwise stated.
In the event that product(s) are unavailable after you have placed your order, we will contact you by e-mail or telephone as soon as possible, in order to inform you of any restocking time, or to cancel or exchange the product(s) concerned.
The products purchased on our website can be delivered to mainland France (+ Corsica, Monaco and the DROM-COM (DOM-TOM, French overseas territories), throughout Europe, and worldwide.
The costs of any customs formalities are borne by the customer, and it is their responsibility to find out about the costs in force at the time of their order.
SARL RESTA-JAY Percussions provides the shipping provider with the regulatory documents required for customs clearance operations. Accordingly, each order subject to customs clearance gives rise to a single invoice; under no circumstances will it be possible to combine the shipment of two separate orders to destinations subject to customs formalities.
The products are delivered to the delivery address specified by the customer during the order process.
In the event of an unusual delay on our part related to manufacture, an e-mail or any other means of communication available to us will be used to inform the customer as soon as possible.
Several delivery services are offered and are subject to change in terms of cost, delivery times specific to each service and destinations, depending on prevailing circumstances.
Depending on the destination, the delivery services currently offered may include DHL, Colissimo, Mondial Relay and Chronopost.
Delivery times are understood to be "after manufacture" and vary according to the carrier.
Resta-Jay Percussions cannot be held liable for failure to meet delivery times, or for any other error or damage related to transport/the carrier.
Under no circumstances may the customer claim any compensation whatsoever from SARL RESTA-JAY Percussions in the event of failure to meet deadlines.
In particular, any anomaly concerning the delivery (damage, product missing from the order, damaged parcel, broken products, etc.) must imperatively be the subject of reservations upon receipt of the parcel and in accordance with the delivery provider's procedure, accompanied by the customer's signature.
The processing and delivery times are as follows:
- Order processing: 1 to 10 working days on average.
- Order delivery: times are based on the contractual conditions applied by the carriers and depend on the destination.
The delivery cost indicated to the customer when placing their order includes: order processing, product packaging and transport costs (according to the provider chosen by the customer).
The delivery method may be changed by agreement between both parties.
7. COLLECTION OF ORDERS FROM THE WORKSHOP
Prior to the order, the customer may ask to collect their order themselves from the workshop, by contacting us preferably by e-mail.
Collection of the order will take place by appointment only, during the workshop's opening hours.
8. RETURNS
Any return must be made at the customer's expense and must imperatively be in the original packaging.
Any return of a product must be subject to prior formal agreement between the seller and the buyer by e-mail.
Products customised at the customer's request (non-standard handle, colour modification, products with non-standard options: multi-percussion sticks, etc.) can be neither taken back nor exchanged.
9. SECURITY
Our site is protected by a data-transit security system.
We have adopted an encryption process that guarantees complete confidentiality of your personal payment information.
RESTA - JAY Percussions cannot be held liable for any malfunction due to a service delivery problem on the part of Banque Populaire and/or any subcontractor of Banque Populaire.
10. RIGHT OF WITHDRAWAL
Under the conditions provided for by Article L221-18 of the French Consumer Code and in the context of distance selling, the customer has a withdrawal period of 14 clear days from delivery of their goods, which will be refunded after return of the delivered products. The customer must return the goods in their original condition and packaging.
The return of the goods is carried out at the customer's expense and risk.
Any return must be subject to prior agreement from the Customer Service department of SARL RESTA - JAY Percussions by e-mail.
The customer may copy and complete the standard withdrawal form provided in the appendix to these Terms and Conditions.
> Contact us by e-mail
In the event that the right of withdrawal is exercised, SARL RESTA - JAY Percussions undertakes to make the refund within a period of 14 days or less after return of the product.
The customer may request a refund by bank transfer or the issuing of a credit note. The costs of the initial delivery can only be refunded up to the amount of the most economical delivery option offered by Resta-Jay Percussions at the time the order was placed.
For any complaint, please specify your contact details, your invoice number, the reference of the product concerned as shown on the invoice, and the reason for your complaint.
This right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions, etc.) with a copy of the purchase invoice.
Items returned incomplete, spoiled, damaged or soiled by the Customer will not be taken back.
The right of withdrawal does not apply to customised products as described in Article 8 of these terms and conditions.
11. CUSTOMER SERVICE
For any information or questions, our Customer Service department is at your disposal.
> Contact us by e-mail
12. RETENTION OF TITLE CLAUSE
RESTA - JAY Percussions retains ownership of the delivered item until full payment of the entire price.
13. DISPUTES AND PLACE OF JURISDICTION
These terms and conditions are governed by French law.
Complaints or disputes will always be received with attentive goodwill, good faith always being presumed on the part of anyone who takes the trouble to explain their situation.
The customer also has the option of using the Online Dispute Resolution (ODR) platform, for any transaction within the European Union, by following this link:
In the event of persistent disagreement, the resulting dispute will be brought before the competent courts of Mâcon (Saône-et-Loire, France).
14. WARRANTIES – EXCLUSIONS
Each set of RESTA-JAY sticks, hand-crafted, is unique. As such, minor variations may occur within the same product reference. SARL RESTA-JAY makes every effort to minimise the impact of this artisanal process by ensuring the consistency of its production.
Defects and deterioration caused by natural wear or by an external accident (incorrect assembly - faulty maintenance - abnormal use, etc.) or by a modification of the product not provided for or specified by the seller, are excluded from the warranty.
Likewise, the warranty will not apply to apparent defects, which the buyer must rely on under the conditions of the "Delivery" paragraph.
The warranty is limited to the replacement of defective parts, to the exclusion of compensation for any other loss, in accordance with the conditions of the legal warranty of Article L111-1 of the French Consumer Code.
15. PERSONAL DATA
SARL RESTA - JAY Percussions undertakes not to disclose to third parties the information you provide to us. This information is confidential. It will be used by its internal departments only to process your order and to strengthen and personalise communication and the cultural offering, where applicable through the RESTA - JAY Percussions newsletter, as well as to personalise the site according to your interests.
16. DATA PROTECTION (INFORMATIQUE ET LIBERTÉS)
In accordance with the French "Informatique et libertés" (Data Protection) Act no. 78-17 of 6 January 1978, you have the right to access and rectify data concerning you. You may exercise this right by sending us your request by e-mail or by post, indicating your surname, first name, address and, if possible, your customer reference.
> Contact us by e-mail
Postal address: SARL RESTA - JAY Percussions, 428 route de Verchizeuil 71960 Verzé FRANCE
17. COMPANY BANK DETAILS
INTERNATIONAL BANK ACCOUNT NUMBER (IBAN) : FR76 1080 7000 6502 2216 7206 217
18. INVALIDITY OF A CLAUSE
If one of the clauses and conditions herein should be declared void, the other provisions would not be affected thereby and would continue to have full effect.
APPENDIX
Please complete and send this form by e-mail or post, only if you wish to exercise your right of withdrawal:
WITHDRAWAL FORM
For the attention of:
I hereby notify you of my withdrawal from the contract for the sale of the product /for the provision of services (*) below:
Order reference:
Product concerned:
Ordered on:
received on:
Consumer's name:
Consumer's address:
Consumer's signature (only in the case of a paper submission):
Date:
(*) Delete as appropriate.