General conditions of sale | The Guitar Division

Article 1. Preamble

1.1 These general conditions of sale govern the contractual relationship between a Buyer and a Seller, resulting from the purchase of a Product on the Platform.

1.2 The company S.S.C TGD, a simplified joint-stock company whose head office is located at 10 Bis Route d'Ax, 31120 Portet sur Garonne and registered with the Toulouse Trade and Companies Register under number 900 652 355, provides of the Buyer, a Platform under the name « https://theguitardivision.com/fr/ » whose purpose is to put him in touch with Sellers and to offer him various services detailed in the general conditions of use accessible here, which govern the relationship between the Buyer and S.S.C TGD

Article 2. Definitions

Whenever, in this contract, the following words are written, in the singular or in the plural, with a capital letter, they will have the following meaning:

Platform means the website accessible at the address www.TheGuitarDivision.com, in particular to connect Buyers and Sellers for the purchase of Products. Buyer (s) means any natural person (s) of full age having the capacity to perform legal acts as well as any legal person (s) of private law who do not act for purposes professional, customer account holder (s).

Products mean products of any type.

Buyer(s) means any natural person(s) of legal age with the capacity to perform legal acts, otherwise known as an Individual, as well as any legal person(s) under private law acting for professional purposes, holder(s) of a customer account, namely the Stores.

Seller (s) means any professional seller of Products registered on the Platform. It’s important to precise that S.S.C TGD can also be a Seller.
In this quality, S.S.C TGD will be subject at the same rules than Sellers.

T & Cs designates these general terms conditions which govern the relationship between Buyers and Sellers Product Sheet designates the description of a Product, which includes at least the sale price expressed in euros, a description of the essential characteristics of the Product including in particular, the make and model of the Product.

Product Sheet means the description of a Product, which includes at least the price including tax expressed in euros, a description of the essential characteristics of the Product including in particular the brand and model of the Product.

Vendor sheet designates the description of a Vendor, which includes at least his trade name (and, if it is different, his company name), the address of his establishment (and, if different, the address of his head office. ), its registration number in the Trade and Companies Register.

Services mean the services offered by S.S.C TGD. on the Platform, such as, for example, the service for connecting Buyers with Sellers, the provision of a customer account through which the Buyer can purchase Products from Sellers, access Sellers' invoices, contact a Seller (especially if they have a complaint to make regarding a Product), track their orders, create alerts.

Article 3. Scope, acceptance and modifications of the GTC

3.1 The purpose of the GTC is to regulate the contractual relationship between the Buyer and the Seller resulting from the sale of a Product on the Platform. They do not govern the relationship between the Buyer and S.S.C TGD which are subject to the general conditions of use, available on the Platform.

3.2 The GTC must be accepted, without reservation, by each Purchaser before any Product purchase. The Buyer takes care to read the T & Cs, accept them and save them on a durable medium so that they can be referred to when necessary. The refusal of the T & Cs during an order prevents the Buyer from being able to finalize his order. In addition, once the T & Cs have been accepted, the order has been finalized and the Seller has confirmed the availability of the Product ordered, the T & Cs are sent by email to the Buyer so that he can keep a copy and refer to it when needed.

3.3 The GTC are subject to change. The Buyer is therefore invited to be vigilant when reading and accepting the T & Cs with each order, the T & Cs may have changed between two successive orders. In addition, all versions of the GTC are permanently accessible on the Site.

Article 4. Creation of the customer account

4.1 To be able to order a Product on the Platform, a customer account must be created on the Platform in accordance with the terms described in the general conditions of use of the Platform. The creation of a customer account can take place before any purchase or during a purchase. The same customer account allows access to the Platform regardless of the extension of the site (TheGuitarDivision.com, TheGuitarDivision.fr, TheGuitarDivision.de, TheGuitarDivision.es, TheGuitarDivision.it ....).

4.2 The Purchaser is informed that his name, first name, date of birth, e-mail address, mobile phone number and physical address and, for the Purchaser as a legal person, his corporate name, address of the registered office, intra-community VAT number and the surname, first name, position, e-mail address, telephone number of the natural person representing him / her on the Platform, are communicated to the Seller in order to enable him to fulfill the order.

4.3 The Buyer who is a consumer within the meaning of the French Consumer Code and who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a list of opposition to canvassing by telephone. He can freely register electronically on the website www.bloctel.gouv.fr or by post at Service Bloctel, 6 rue Nicolas Siret, 10 000 Troyes.

Article 5. Order of Products and payment obligation

5.1 To be able to buy a Product, it is necessary to have an active customer account, that is to say not closed or to create a customer account. Products are ordered on the Platform from Sellers who fill in the Sellers' Sheets, the Product Sheets as well as the delivery methods and costs. As such, the Sellers are solely responsible

• (i) the veracity and completeness (a) of the information contained in the Seller Sheet and (a) the Product description in the Product Sheet
  as well as
• (ii) the perfect conformity of the Product with its description in the Product Sheet.

5.2 The user selects the Product (s) he wishes to purchase. Then, he clicks on "Add to basket", chooses his delivery method and the commercial guarantee from which he wishes to benefit and enters the delivery address. He is then informed of the total amount of his order. If they are not already logged in to their customer account, the user is invited to log in or create their customer account. Then the Buyer takes knowledge of the T & Cs and, if this is their first purchase, also of the terms and conditions of use of the Platform accessible on the Platform. Once he has read the T & Cs and, where applicable, the general conditions of use of the Platform, the Buyer must accept them and save them on a durable medium. Finally only, the Buyer can click on the "Checkout and Pay" icon. The Buyer then chooses his method of payment and provides the information necessary to finalize his payment. Finally, he is invited to click on "Confirm payment" which entails an obligation for the Buyer to pay.

5.3 Orders made by a Buyer are independent of each other and if an order concerns the purchase of several Products, each purchase is independent of one another. Thus, if one or more orders have or have not been the subject of a confirmation by the Seller (s) concerned, the other order (s) of the Buyer is not canceled and Buyer is obligated to pay for the order (s) that have not been canceled. Likewise, when a single Product of the same order relating to at least 2 Products is not available, the order is not canceled and the sale is concluded for the other (s) available Product (s). ). Consequently, the fact that one or more Products ordered from one or several Sellers on the Platform are not available does not entail the cancellation of the entire order or other orders, the Buyer being bound by the part of the order / the other or the other order (s) concerning the other available Product (s).

5.4 The means of payment available on the Platform are in particular the following:

(i) Payment by credit card in one go through the secure 3D secure payment system set up by S.S.C TGD and its payment partner.

5.5 S.S.C TGD. collects, through its payment service provider, the price of orders paid by the Buyer on behalf of the Seller and transfers this price to him after deduction of his intermediation commission. The Buyer's payment information is never communicated to the Sellers who are only provided with the Buyer's contact details necessary for communication with the Seller and the processing of his order, namely his name, first name, e-mail address, physical address and mobile phone number as well as the delivery address.

5.6 When the amount of the order is equal to or greater than 120 €, the Seller keeps the writing which records the sale for a period of 10 years from the date of delivery and guarantees access to it at all times Buyer who requests it.

Article 6. Delivery and shipping costs

6.1 The Products presented for sale on the Platform accessible from the TheGuitarDivision.com site are delivered mainly in Europe.

6.2 The Products are delivered to the delivery address indicated by the Buyer when ordering. The deadlines are informed by the Seller who is solely responsible for their perfect compliance. The Products ordered are shipped and delivered at the risk of the Seller but the Buyer can, through his customer account, monitor the progress of his order and, if he has chosen a tracked delivery method, the progress of the order delivery.

6.3 The date of delivery depends in particular on the delivery method chosen by the Buyer. When the Buyer chooses a delivery method, he is given a delivery time. Otherwise, the delivery of the ordered Product may not be subject to an unjustified delay or, in any event, exceed 30 days bear.

6.4 Unless otherwise stated when ordering, delivery is chargeable. The delivery price depends on the Seller's location, the delivery address and the delivery method chosen by the Buyer. The delivery price is indicated in Euros including VAT and is communicated to the Buyer before any payment on his part.

6.5 The manufacturer is responsible for the delivery method (with or without tracking). If available, the Customer will be able to track the delivery of the Product ordered directly on the Platform via his customer account and / or on the carrier's site.

6.6 Upon delivery of the Product, the Buyer checks the condition of the Product delivered and, in the event of an anomaly (damaged package, torn or open packaging, missing or damaged Product), the Buyer is invited to immediately issue a reservation. upon receipt of the Product. The Buyer then has 3 working days from delivery of the Product to report this anomaly via the Platform.

6.7 CUSTOMS
When you order products from TheGuitarDivision.com for delivery outside the European Union, you may be subject to import duties and taxes, which are collected when the package arrives at its destination. Any additional customs clearance fees will be your responsibility; we have no control over these fees. Customs policies vary widely from country to country, so you should contact your local customs office for more information. Also, please note that when you place an order on TheGuitarDivision.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. Your privacy is important to us and we draw the attention of our international customers to the fact that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please visit the Customs Information page.

Article 7. Payment methods

7.1 Payment in one installment by bank card: When purchasing a Product on the Platform, the Buyer can pay in lump sum by providing the information necessary for payment by bank card. In this regard, the Buyer provides his bank card number, expiration date and cryptogram and pays via the Platform's secure payment interface. The Seller is not provided with this data.

7.2 Payment in 3 or 4 installments

When purchasing a Product on the Platform, the Buyer may pay in several monthly installments. PayPal and Cresh offer monthly payments in 4x (Paypal) and 3x or 4x (Cresh). These payment facilities are subject to conditions and acceptance by these same organizations, and are totally independent of TGD SAS.

7.3 Payment, discount and promotional codes

Payment codes, discounts and promotions are not currently accepted on the Platform

Article 8. Transfer of ownership and risks

The transfer of ownership and risk occurs when delivery is complete, that is to say when the ordered Product has been physically delivered to the Buyer or to a third party designated by the Buyer. When the Buyer entrusts the delivery of the Product to a carrier other than that offered by the Seller, the transfer of ownership and risk occurs when the Product is handed over to the carrier.

Article 9. Communications on the Platform

The Buyer and the Seller undertake to communicate with each other only through their respective accounts, with the S.S.C TGD’s internal mailbox. Exceptionally, for example when the Buyer's customer account has been closed, the Buyer and the Seller can exchange using their respective email addresses. In this regard, the Buyer is informed that he receives e-mails and / or notifications to him

• (i) indicating that his order has been taken into consideration and sent to the Seller and communicating to him the general conditions of use of the Platform which can be consulted on the Platform,
• (ii) confirming that the Seller accepts the order and sending him the T & Cs or, on the contrary, informing him that the Seller cannot honor the order,
• (iii) notifying the Buyer of any event in the follow-up of his order. Once the Product has been delivered, the Buyer is invited to give his opinion on the Product and the Seller.

Article 10. Right of withdrawal

10.1 This article of the GTC only applies to Buyers who may be qualified as consumers or non-professionals, subject to the exception provided for in Article L.221-3 of the Consumer Code. Buyers who cannot be qualified as consumers or non-professionals do not benefit from any right of withdrawal.

10.2 The consumer or non-professional Buyer may freely retract within 30 days of receipt of his order. In the case of an order for several Products delivered separately, the period starts from receipt of the last of these Products. The day of receipt of the Product is not counted within this 30-day period and, if the period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.

10.3 To withdraw, the consumer or non-professional Buyer goes to his account and clearly indicates that he is withdrawing by clicking on the "Get help" button at the level of the order concerned. He mentions his name, first name, address, date of the order, the date of delivery, and the description of the Product. The Buyer can also use the withdrawal form reproduced in the annex to the T & Cs or notify his decision to withdraw by means of a clear and unambiguous declaration, by post to the Seller's physical address or by electronic means in using the Seller's email address as it appears on its Seller File. In order for S.S.C TGD to be able to accompany the Buyer in his withdrawal request, the Buyer must send a copy of the duly completed form to the following email address: contact@theguitardivision.com. The Purchaser is warned that simply sending the form to S.S.C TGD is not sufficient to validate der the request for withdrawal. Whenever the right of withdrawal is exercised online, the Seller acknowledges receipt on a durable medium.

10.4 The consumer or non-professional Buyer then has a maximum period of 14 days following the communication to the Seller of his decision to withdraw in order to return the Product (s) to the Seller's postal address which appears on the Seller sheet, unless the Seller requests a return to another address that he communicates to the Buyer or that he offers to collect the Product (s) himself. The Buyer must pack the Product (s) that he returns to the Seller with care but he is free to choose the method of sending the Product (s) and to take out or not insurance in the event of loss, theft or destruction of his package. As the Product must be returned in its original condition, the Purchaser must also ensure the deletion of his personal data before any return of the Product and disconnect it from any account that is connected to the Product. Unless otherwise stated on the Vendor Sheet, the Vendor does not bear any of these costs or the cost of transport. Even if the consumer or non-professional Buyer is advised to opt for a tracked shipment of the package, he is informed that, unless otherwise stated in the Seller File, all the costs and risks associated with the return of the Product (s) ( s) to the Seller are the responsibility of the Buyer.

10.5 Only Products returned complete and in the condition in which they were sold (i.e. in the condition described on the Product Sheet, except for the consumer or non-professional Purchaser who indicated that the Product received was in a different condition. of that described on the Product Sheet) are accepted.

10.6 If all the conditions relating to the exercise of the right of withdrawal are met, the Seller reimburses the consumer or non-professional Buyer for the total amount of his order including delivery costs, unless the Buyer has chosen a method of more expensive delivery than the standard delivery method, in which case the Seller is not required to reimburse the additional costs over the cost of standard delivery. The repayment terms are as follows:

• (i) when the Buyer has paid at once by credit card, the card used will be credited with the amount of the order,
• <(ii) when the Buyer has paid in 3 or 4 installments by bank card with charges, under the conditions set out by the partner of S.S.C TGD. proposing payment in several installments.

10.7 The Buyer's responsibility is only engaged with regard to the depreciation of the Product resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this Product.

Article 11. Return policy within 30 days :

Without prejudice to your rights under the law, S.S.C TGD offers the following return policy:All products from S.S.C TGD sites can be returned within 30 days of receipt of the products if they are complete and in new and undamaged condition. In the case of plastic-wrapped or sealed data media (e.g. CDs, audio cassettes, DVDs, and software, store items), we will only take them back if they are still in their plastic packaging or have not been unsealed. This return policy does not apply to digital content or computer software that is not provided on a physical medium (e.g., on a CD or DVD).

If you return a product(s) in accordance with our return policy, we will refund the price you paid but not the shipping cost of your original purchase. Also, you will be responsible for the risk of shipping and the cost of return delivery. This returns policy does not affect your statutory rights, including your statutory right of withdrawal described above.

Article 12. General information on legal guarantees

It is recalled that within the framework of the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the goods to take action against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product, except for second-hand goods, such as Products, the period of which is extended to six months ( art. 217-7 of the Code of the consumption)

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.

The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

Article 13. Legal guarantee of conformity

13.1 Compliance: The Seller delivers a Product that complies with the contract and is liable for any lack of conformity existing at the time of delivery and resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or was carried out under its responsibility

13.1.1 In this regard, the Product is considered to comply with the contract

• (I) when it is suitable for the use usually expected of a similar product and, where applicable :
  (a)if it corresponds to the description given by the Seller and possesses the qualities that the latter has presented to the Buyer in the form of a sample or model or
  (b) if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling
  OR
• (II) when it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Purchaser, brought to the con birth of the Seller and that the latter has accepted.

13.1.2 Defects of conformity which appear within a period of six (6) months from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise. Indeed, the seller can challenge this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked.

12.1.3 If the Purchaser is entitled to demand that the Product conforms to the contract, he cannot however contest the conformity by invoking a defect that he knew or could not ignore when he contracted.

13.2 In the event of a lack of conformity: The Purchaser chooses between repair and replacement of the Product. However, the Seller may not proceed according to the Buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the Product or the importance of the defect. The Seller then proceeds, unless this is impossible, according to the method not chosen by the Buyer.

13.2.1 If repair and replacement of the Product is impossible, the Purchaser may return the Product and have the price returned or keep the Product and have part of the price returned. The same option is open to him (i) if the solution requested, proposed or agreed in application of article 13.2 above, cannot be implemented in the period of one month following the Buyer's complaint or (ii) if this solution cannot be without major inconvenience for the Buyer given the nature of the Product and the use he is looking for. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

13.2.2 The application of this article 12 above takes place at no cost to the Purchaser. In addition, the Buyer can always ask to be awarded damages.

13.3 Limitation of action: Action resulting from lack of conformity lapses two years after delivery of the goods. The Purchaser is however informed that the postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of the extinctive limitation period beyond twenty years from the date of birth of the right.

Article 14. The legal guarantee against hidden defects

14.1 Hidden defects: In addition to the legal guarantee of conformity, the Buyer benefits from the legal guarantee against hidden defects. Indeed, the seller is bound by the guarantee due to the hidden defects of the Product sold which make it unfit for the use for which it is intended or which reduce this use to such an extent that the Buyer would not have acquired it, or would have given a lower price, if he had known them.

14.2 In the event of hidden defects: The Purchaser can either return the Product and have the price returned or keep the Product and have part of the price returned. If the Seller was aware of the defects in the thing, he is liable, in addition to the return of the price he received, for all damages towards the Buyer. If the Seller was unaware of the defects of the Product, he will only be required to return the price, and to reimburse the Buyer for the costs incurred by the sale. If the Product which had defects perished as a result of its poor quality, the loss is for the Seller, who will be liable to the Buyer for the return of the price and other compensation explained above. But the loss occurring by fortuitous event will be for the account of the Purchaser.

14.3 Limitation of action: The action resulting from fatal defects must be brought by the Purchaser within two years of the discovery of the defect.

The Purchaser is however informed that the postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of the extinctive limitation period beyond twenty years from the date of birth of the right.

Article 15. Commercial guarantees and after-sales service offered by the Sellers

Each Seller offers the Buyer a commercial guarantee and an after-sales service, in addition to the legal guarantees provided for above, the chargeable insurance against breakage and theft provided for in article 15 below and the intervention of S.S.C TGD provided for in article 16.2 below. The Seller indicates this on his Seller File and the Buyer is provided with the written commercial guarantee contract offered by the Seller, by email, when the Seller confirms the order.

The commercial guarantee will be offered by the Seller free of charge, for a minimum period of 12 months and will be valid on French territory only. Under the terms of the commercial guarantee, the Seller undertakes to offer an after-sales service that complies with more extensive qualitative criteria than those provided for by the legal guarantees. To this title, the Purchaser will be exempted from providing proof of the existence of the lack of conformity of the Product during the entire duration of the 12-month commercial warranty. In addition, the Seller undertakes to take back the non-conforming product, as soon as the required information has been sent by the Buyer, within 24 hours, by providing a return slip and according to the terms indicated in article 10 of the T & Cs. An exchange, repair or refund solution is offered within a maximum of five working days from receipt of the Product by the Seller

Article 16. Complaints

16.1 Complaints concerning a Product or a Seller are sent directly to the Seller by the Buyer through the customer account, unless it is closed.

16.1.1 For the Buyer whose customer account is active: the Buyer agrees to communicate with the Seller only through his customer account. The Buyer and the Seller will each be able to follow the complaint from their respective accounts.

16.1.2 For the Purchaser whose customer account is closed: the Purchaser sends his complaint concerning a Product to contact@theguitardivision.com making sure to indicate the number and date of his order and S.S.C TGD then takes care of transmitting the Buyer's complaint to the Seller and, conversely, to send the Seller's response to the Buyer by email.

16.1.3 In any event, the Seller undertakes to respond to the Buyer's complaint within 24 hours. When the complaint is made through the customer account, the Buyer and the Seller can each follow its progress from their respective account. The Buyer is informed that the Seller is solely responsible for processing his complaint as well as for after-sales service and the Products he sells on the Platform. However, S.S.C TGD may intervene, under the conditions of Article 16.2 below, in the event that the Buyer encounters a difficulty with a Seller

16.2 The intervention of S.S.C TGD.: TGD S.A.S offers Buyers who encounter a difficulty with a Seller, to intervene when the following cumulative conditions are met:

• (i) the Buyer has an active customer account, i.e. an account that has not been closed,
• (ii) the Buyer has made his complaint within the legal warranty periods and via his customer account,
• (iii) the Seller has not provided a response (or a satisfactory response) to the Buyer within 24 hours of his complaint,
• (iv) the Buyer's claim relates to a lack of conformity and / or a hidden defect in the Product.

If all of these conditions are met, the Purchaser may request the intervention of TGD S.A.S, which undertakes first to act as an arbitrator.

In this case, S.S.C TGD. asks the Seller, depending on the subject of the Buyer's claim to:

• (i) Refund the price of the order or the disputed Product to the Purchaser,
• (ii) return to the Purchaser a Product conforming to the Product ordered,
• (iii) offer a repair or replacement solution when the Product is non-compliant or
• (iv) provide the Buyer with a prepaid label to return the Product.

The solution offered by S.S.C TGD., if it suits the Buyer, is binding on the Seller. Failing to have implemented the solution offered by S.S.C TGD. within five working days of its notification to the Seller, S.S.C TGD. then undertakes to replace the Seller. In the event that the solution offered by TGD SAS cannot in practice be implemented by it (for example if the Seller has been asked to repair the Product that the Buyer has returned to him that the Seller does not return the Produced at TGD SAS ...), TGD SAS will implement a different but adapted solution after having obtained the Buyer's opinion.

Article 17. Liability of Sellers and limitations of liability

17.1 The Sellers undertake to respect the terms of the T & Cs and not to infringe any legal or regulatory rule of public order. In particular, the Sellers undertake to

• (i) provide true and exhaustive information (a) in their description on the Seller Sheet and (b) the description of the Product in the Product Sheet
• and to
• (ii) Ensure the perfect conformity of the Product with its description in the Product Sheet. In addition, Sellers are responsible for meeting the deadlines they have provided. In general, Sellers are solely responsible for processing Buyers' complaints as well as their after-sales service and the Products they sell on the Platform.

17.2 As an exception to the above, the Sellers are not responsible when the Product is oxidized, broken and / or when one or more of the components of the Product have been handled by the Buyer. In addition, the Sellers are not responsible for the failure by a Purchaser to comply with his national legislation or the legislation of the country in which he resides. The Ve Nor are they liable for any use of Products by a Purchaser that exceeds so-called normal use, that is to say use usually expected of a similar product by a consumer or a non-professional. Finally, the Sellers are not responsible in the event of misuse, negligence or lack of maintenance of a Product by the Purchaser nor in the event of normal wear and tear of the Product, accident occurring after delivery or force major. As the Product must be returned in its original condition, the Purchaser must also ensure the deletion of his personal data before any return of the Product and disconnect it from any account that is connected to the Product. The Seller will not be liable in the event of a personal data breach resulting from non-compliance with this article.

Article 18. Personal data and Cookies

The Buyer's personal data are processed by S.S.C TGD. and some are transferred to the Sellers. In addition, S.S.C TGD. uses cookies. The policies on personal data and cookies are detailed in the documents "Protection of personal data" and "Cookies" accessible on the Platform.

Article 19. General conditions of sale applicable

The general conditions of sale applicable to purchases made on the Platform from the various extensions of the sites (TheGuitarDivision.fr, TheGuitarDivision.es, TheGuitarDivision.it, TheGuitarDivision.de ....) may be slightly different from each other, in particular due to mandatory provisions of the national law of the country of the extension of each site. Thus, it is possible that the general conditions of sale of the site TheGuitarDivision.es differ slightly from those of the site theguitardivision.fr. In such a case, the Buyer is bound by the general conditions of sale of the site on which he placed his order.

Article 20. Applicable law, dispute resolution and competent jurisdiction

20.1 These T & Cs are governed by French law.

20.2 In the event of a dispute relating to the formation, conclusion, execution, interpretation or validity of the T & Cs or to the relationship with a Seller, the Buyer and the Seller are invited to implement the necessary due diligence in order to to reach an amicable resolution of their dispute.

20.3 The Buyer is informed that he can, if he wishes, use a consumer mediator free of charge for the amicable resolution of the dispute between him and the Seller. In this regard, the Purchaser can use the online dispute resolution platform set up by the European Commission free of charge by visiting the site available at the following address yttps: //ec.europa.eu/consumers/odr /main/index.cfm?event=main.home2.show&lng=FR.

20.4 If the Purchaser did not wish to benefit from mediation, if the mediation was not successful or in the event of failure of other diligence that the Purchaser could have taken to try to reach an amicable resolution of his Dispute with the Seller, the Buyer can seize the competent jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event, the place of the registered office of the Seller or that of the place of the actual delivery of the Product.

Appendix I - Retraction form

Download the withdrawal form

Appendix 2

1 - Legal guarantee of conformity :

Article L217-4 Consumer Code : « The good conforms to the contract if it meets, in particular, where applicable, the following criteria:

1. It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2. It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;

4° It is updated in accordance with the contract. »

Article L217-5 Consumer Code : « I.-In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria:

1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5. Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6. it corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.

II.-However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them ;

(2) that, at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements; or

(3) that the public statements could not have influenced the decision to purchase.

III - The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract. »

Article L217-7 of the Consumer Code : « Defects of conformity which appear within twenty-four (24) months of delivery of the goods, including goods with digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed. »

Article L217-8 of the Consumer Code : « In case of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, in accordance with the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages. »

Article L217-9 of the Consumer Code : « The consumer has the right to demand that the goods conform to the criteria set out in subdivision 1 of this section. The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller. »

Article L217-11 of the Consumer Code : « There is no charge to the consumer for bringing the goods into conformity. The consumer is not required to pay for the normal use of the replaced goods during the period prior to their replacement. »

Article L217-12 of the Consumer Code Action resulting from lack of conformity lapses two years after delivery of the goods.

2 - The legal guarantee of hidden defects :

Article 1641 of the Civil Code « The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.

Article 1644 of the Civil Code : « In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.

Article 1645 of the Civil Code : « If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer. »

Article 1646 of the Civil Code : « If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses caused by the sale. »

Article 1647 of the Civil Code : « If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two preceding articles. But the loss that has occurred due to a fortuitous event will be for the account of the buyer. »

Article 1648 paragraph 1 of the Civil Code « The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »

Article 2232 of the Civil Code : « Deferral of the starting point, suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose.

The first paragraph does not apply in the cases mentioned in articles 2226, 2226-1, 2227, 2233 and 2236, the first paragraph of article 2241 and article 2244. Nor does it apply to actions relating to the status of persons. »