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revised 17/05/2023
SARL RESTA - JAY Percussions
522 918 770 R.C.S. MACON
SIRET 52291877000028
Code NAF 3220Z
NII FR57522918770
RESTA - JAY Percussions
428 route de Verchizeuil
71960 VERZÉ
FRANCE
Tél. : +33 (0)3 85 22 19 40
E-Mail : accueil@resta-percussions.fr
1. OVERVIEW
These general terms and conditions (T&C) are intended to rule the relations between RESTA-JAY Percussions SARL and their customers.
By ordering, the customer declares total acceptance of the herein General Terms and conditions applying to the order.
2. PRICING
Our product prices are set out in Euros (€), including tax and excluding handling and shipping costs (see Article 6. Delivery, Shipping delays and Costs).
All orders, regardless of origin, are to be paid in Euros (€).
Depending on country/territory eligibility (outside European Union), pricing excluding VAT (HT) is accessible and automatically applied on quotations and orders when the customer is logged into his/her account or fills the shipping and billing address form.
RESTA - JAY Percussions reserves the right to change its prices at any time, being understood that the price indicated in the catalogue on the day of the order is the only price applicable to the customer.
3. ORDERING
3.1. INDIVIDUAL CUSTOMERS
Orders are to be made exclusively through our website www.resta-percussions.com
Payments are due upon order.
Payment can be processed by credit card or bank transfer.
For any question related to orders, please contact us by e-mail.
> Contact us by e-mail
Quotations can be edited by the customer on the website, for all available products, by following these steps: products should be added to the cart, the quotation can be obtain by cart validation and ticking « create a quote », in area « 4.Payment » of the order checkout, accessible after filling the form on areas 1, 2 and 3.
The quotation is automatically emitted after acceptance of the herein General Terms and Conditions and validation by ticking the corresponding box.
Quotation is not, in any case, an order.
If necessary, for products that may not be available on the website, the quotation can be completed of modified by our services upon customer request.
Quotations are valid for: 3 months.
3.1.2. ORDER PAYMENT
Payment is due upon order.
Depending on countries, available payment modes are:
- card payment: Carte Bleue, Visa or MasterCard through the secured transaction processing of Banque Populaire. An order confirmation is automatically sent to the customer upon successful payment process.
RESTA - JAY Percussions should not be taken accountable for any dysfunction of the Banque Populaire services.
- Bank transfer: this payment mode may cause a delayed production or preparation of the order, which will be initiated upon effective receiving of the funds.
RESTA - JAY Percussions reserves the right to cancel any order from a customer, should a dispute exist in relation to payment of a prior order.
3.1.3. CUSTOMER ACCOUNT
The customer can create a customer account, for a convenient access to his/her orders, invoices, quotations, and manage his/her contact details.
3.2. PUBLIC ENTITIES
3.2.1. QUOTATION
Prior to any public entity request, a quotation should be emitted.
- the customer or his representative in the service/entity, can establish a quotation from our website, through the function « get a quote » (see paragraph 3.1.1 ). Invoicing address should be mentioned and should correspond to the service or the entity in charge of payment.
- If the desired products are subject to availability and cannot be added to the quotation, the customer or his representative should notice us by e-mail, so that the customer service create or modify the quotation.
3.2.2. ORDER VALIDATION
The quotation should be officially approved by the emission of an official order form mentioning the acceptance of the quotation, quotation number, total amount and shipping costs.
Upon receipt of the official order form, including shipping costs, the order is checked and validated then enters the fabrication process.
3.2.3. INVOICE AND PAYMENT
Payment by bank transfer is due upon invoice reception.
3.3. MUSIC AND ART SOCIETIES
Music and art societies can order directly on our website and proceed to payment by card or bank transfer.
Payment is due upon order.
Prior to ordering, music and art societies can create a quotation, following the steps described on paragraph 3.1.1
3.4. RESELLERS
Special Terms and Conditions are intended to professional resellers and music shops, upon presentation and verification of official and valid documents attesting their professional status. Please contact us by e-mail to receive our Professional Terms and Conditions.
3.5. MUSIC SCHOOL ORDERS
> Contact us!
4. ORDER VALIDATION
By clicking on the "Validate" button, you acknowledge full acceptance of this order, as well as all of the present General Conditions of Sale, without exception.
The data recorded by RESTA - JAY Percussions constitute proof of all the transactions between the seller and its customers.
5. PRODUCTS AVAILABILITY
Our offers and prices remain valid as visible on the website, while stocks last, which information is confirmed when an article is added to the basket.
For our customer satisfaction, we are committed to reduce as much as possible the necessary time to produce our handmade products that are also assembled upon order. Orders are generally produced within 1 to 10 working days after order validation, out of exceptional and unpredictable circumstances (materials supply...).
Temporarily unavailable products, indicated as « out of stock », cannot be added to the cart, nor can be pre-ordered, unless otherwise stated.
Should a product become unavailable after your order has been placed, we will inform you thereof as soon as possible by e-mail. In case of delayed supply, you may choose to wait for availability or may request the cancellation or exchange of the product.
6. DELIVERY, SHIPPING DELAYS & COSTS
The products purchased on our Internet site are delivered anywhere in metropolitan France + Corsica, Monaco and DROM-COM (DOM TOM), in Europe and throughout the world.
The costs of custom tax are due by the customer, whose responsibility is to verify these costs prior ordering. Resta-Jay Percussions cannot be held responsible for custom costs.
RESTA-JAY Percussions provides necessary documents for custom formalities, as requested by the selected shipping service. Therefore, for each order subjected to custom costs, an automated legal invoice is released corresponding to the exact goods included in the parcel. As a consequence, it is not possible to group the shipping of consecutive orders towards destinations subjected to custom tax.
The products are delivered to the shipping address indicated by the customer upon placing the order.
In case of unusual fabrication delay, an e-mail or any other means of communication available to us will be used to inform you thereof as soon as possible.
Shipping services are proposed and subjected to availability depending on costs, shipping time, destinations and global unpredictable situations.
Depending on destinations, available shipping services may be DHL, LA POSTE Colissimo, Mondial Relay and Chronopost.
Shipping delays are considered « after product fabrication » and vary according to General Terms and Conditions of each shipping service.
Resta-Jay Percussions should not be taken accountable for any unpredictable shipping delay due to the shipping service or any other mistake or damage caused by the shipping service.
As thus, the customer cannot ask for any compensation from SARL RESTA-JAY Percussions in case of any delays.
Any anomaly in delivery (damage, missing product in relation to the delivery form, damaged package, broken products ...) must imperatively be notified accordingly to Terms and Conditions of the shipping service in the form of "handwritten reserves" and include the customer's signature.
Usual treatment and shipping delays are:
- Order treatment: from 1 to 10 working days.
- Shipping: depends on the service selected by the customer. Shipping delays depends on destinations and are indexed on the General Terms and Conditions of each shipping service.
The delivery cost provided to the customer upon ordering includes order processing, packaging of products and transport costs as determined by the selected shipping company.
In case of unpredictable shipping costs occurring at the shipping preparation step, shipping mode may be subject to change, after agreement of the customer upon notification by RESTA-JAY Percussions.
7. RETURN OF PRODUCTS - EXCLUSIONS
Prior to returning products, the customer should notify RESTA-JAY Percussions by e-mail with details of the order and wait for our agreement and information. The customer should indicate his/her contact information (purchaser), invoice number, the product references set out on the invoice and the reasons for your claim. The present right to return will only be accepted for complete products.
Any product returned without this agreement shall be kept available for the purchaser and shall not give rise to a credit.
Any return must be postage paid at the expense of the customer and must be sent in its original packaging in their original state (packaging, complete products, including accessories, instructions if applicable), along with a copy of the purchase invoice.
Exclusions:
- All custom-made products accordingly to technical or aesthetic requirements of the customer (non-standard multipercussion mallets, non-standard handles, personalized products, custom colors, modified heads …) cannot be returned nor exchanged.
- Articles that are returned incomplete, damaged or dirtied by the Customer will not be accepted.
8. SECURITY
Our website is equipped with secured data transmission system. The selected encryption process provides full confidentiality to your personal and payment details.
RESTA - JAY Percussions shall not be held liable for any dysfunction caused by a service issue related to Banque Populaire encryption service or their subcontrators.
9. RETRACTION RIGHT
Accordingly to terms and conditions of the article L221-18 from the french Consumer Rights Code - Code de la Consommation - and about online orders, the customer is entitled with a 14 days delay for retraction.
Prior to returning any item, the customer should notify RESTA-JAY Percussions by e-mail within 14 days after delivery, for information, agreement and consignation of the return process. If needed, a standard retraction form is available in Annex of the present Terms and Conditions.
The customer should return products in their original packaging. To be refunded, products should be received back in unused, pristine conditions, and within 14 days following the retraction notification.
Incomplete, damaged or spoilt items could not be returned under the retraction regime.
All custom-made products accordingly to technical or aesthetic requirements of the customer (non-standard multipercussion mallets, non-standard handles, personalized products, custom colors, modified heads …) cannot be returned nor exchanged.
Return shipping fees, costs and risks are at the expense of the customer.
Resta-Jay Percussions shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered.
> Contact us by mail
In case retraction rights apply, RESTA - JAY Percussions refunds the customer within a delay of 14 days after the return of items in pristine conditions.
10. CUSTOMER SERVICE
If you are seeking information or have a question, our Customer Service is available to assist you.
> Contact us by e-mail.
11. RETENTION OF TITLE CONDITION
SARL RESTA - JAY Percussions reserves ownership of the item delivered until full payment of the total price.
12. DISPUTES AND JURIDICTION
The present general conditions are governed by French law.
Claims and disputes will always be studied with care, and good faith will be presumed of anyone who makes the effort to explain a situation.
Within the European Union, the Online Dispute Resolution platform (ODR) is also available for amicable resolution of claims. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Should the disagreement persist, the resulting dispute will be decided by the competent courts of Mâcon, France.
13. WARRANTY – EXCLUSION
Each RESTA-JAY mallet set or pair, as a handcrafted product, is unique. As such, minor variations may occur between sets or pairs of a same reference. Although the RESTA-JAY company is committed to maintain a rigorous process that minimizes the slight differences that may occur, minor variations linked to handcrafting are excluded from warranty.
Defects and deterioration caused by normal use or an outside accident (poor assembly by the customer - defective maintenance - abnormal use ...) or by product modification not provided or specified by the seller, are excluded from warranty.
Similarly, the warranty shall not apply to apparent vices, which the purchaser must notify pursuant to the conditions set out in the "Delivery" paragraph.
The warranty is limited to the replacement of defective parts, with the exception of any other redress for damages, as mentioned in article L111-1 French Consumer Code.
14. PERSONAL DATA PROTECTION
RESTA - JAY Percussions do not disclose to third parties the information you provide, which remains confidential. It shall only be used by our internal departments to process your order and to improve and customize communication and cultural offers, in particular RESTA - JAY Percussions' newsletters to which the customer can subscribe, as well as in the context of customization of the site to suit customer interests.
Pursuant to the French law on "Information Technology and Freedoms", the customer is entitled to access, correct his/her personal data or ask for their suppression from our database.
Any request should be sent by e-mail or postal mail 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).
15. CORPORATE BANK INFORMATIONS
International Bank Account Number (IBAN): FR76 1080 7000 6502 2216 7206 217
16. NULLITY OF A CLAUSE
Should one of the terms and conditions of the present conditions be cancelled, the others shall not be affected and shall continue to fully apply.
ANNEX:
Standard retraction form:
To:
I hereby give notice that I withdraw from our contract of sale of the following goods:
/for the provision of the following service:
ordered on / /
received on / /
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper),
Date