General conditions of use | The Guitar Division

Article 1. Preamble

The company S.S.C TGD, a simplified joint-stock company with its registered office at 10 Bis Route d'Ax, 31120 Portet sur Garonne and registered with the Toulouse Trade and Companies Register under number 900 652 355 and whose number VAT is FR 58900652355, makes available, via the Platform (see the definitions of words with a capital letter in article 2 below), the purpose of which is to put buyers in touch with professional sellers of Products in accordance with the operating rules below

1.2 S.S.C TGD. may be a reseller of certain Products (accessories) on the Platform but almost all of the Products are sold directly and exclusively by the Sellers. S.S.C TGD. acts as an intermediary allowing Sellers to offer their Products for sale and Buyers to buy them.

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 refers to the website accessible at the address www.theguitardivision.com, in particular to connect Buyers and Sellers for the purchase of Products.

Products mean the goods of any type.

Buyer (s) means any natural person (s) of full age having the capacity to perform legal acts as well as any private(s) law person(s) who do not act for purposes professional, customer account holder(s), which means Stores.

Seller (s) means any professional seller of Products registered on the Platform.

T & Cs designates these general conditions of use which govern the relations between the Buyers and S.S.C TGD.

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 Register of Trade and Companies, its telephone number and its email address.

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 T & Cs

3.1 The purpose of the T & Cs is to set the rules for accessing the Platform and use of the Services. They do not govern the relations between Buyers and Sellers who are subject to the general conditions of sale available on the Platform.

3.2 The T & Cs must be accepted, without reservation, by each user when creating their account, whether this occurs outside of any Product order or during the first Product order. The user takes care to read the T & Cs, accept them and save them on a durable medium so that they can refer to them when necessary. Refusal of the T & Cs when creating a customer account prevents the user from being able to create his customer account and therefore be able to benefit from the Services and the Platform. The user who has accepted the T & Cs undertakes to comply with their clauses throughout the duration of use of the Platform.

3.3 The T & Cs are subject to change. The new T & Cs apply to any Buyer who has accepted them from their date of entry into force. The refusal of the new T & Cs by a Buyer will result in the closure of his customer account, which will prevent him from using the Platform to place new orders (see article 5 "Closure of the customer account").

Article 4. Creation of the customer account

4.1 To be able to benefit from the Services, it is necessary to create a customer account on 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 creation of a customer account is only authorized for natural persons of legal age with the capacity to perform legal acts and for legal persons governed by private law who do not act for professional purposes. It requires providing an email address and creating a password. Natural persons enter their last name, first name, e-mail address, mobile phone number and physical address and legal persons enter the last name, first name, e-mail address, telephone number of the natural person representing them on the Platform, and when making a purchase, their corporate name, head office address and intra-community VAT number. This information is collected and processed as explained in the document “Protection of personal data”, accessible on the Platform.

4.3 It is imperative to provide accurate, complete and up-to-date information in order to ensure the smooth running of the Services. In this regard, the Buyer also undertakes to update his customer account and to make any changes to his information before any purchase without delay. The Buyer is solely responsible for the consequences that may result from the provision of false, invalid information, incorrect or obsolete.

4.4 The email address and password are the customer account login credentials. Login credentials are strictly personal and the Buyer agrees to maintain the confidentiality of his password. In this regard, the Buyer is the only one authorized to use the Platform through his customer account and he undertakes not to allow any other person to access his customer account. The Purchaser is required to take all necessary measures to ensure the confidentiality of his password, restrictions on access to his computer and other equipment. In the event that the Buyer becomes aware of access to his customer account by a third party, the Buyer undertakes to inform S.S.C TGD without delay by e-mail to the address contact@theguitardivision.com.

4.5 The Buyer undertakes to create and use only one customer account regardless of the extension of the site (TheGuitarDivision.com, TheGuitarDivision.fr, TheGuitarDivision.de, TheGuitarDivision.es, TheGuitarDivision.it. ...) from which he accesses the Platform. Any deviation from this rule, in particular for a client account of a Buyer who is a legal person, must be the subject of an explicit request from the Buyer and an express and specific authorization from S.S.C TGD The fact of creating or using one or more other customer account (s), at the same time or after a first customer account has been closed, under his own identity or that of third party, without having requested and obtained the authorization of S.S.C TGD, may result in the closure of the customer account (s), which will prevent the Buyer from using the Platform to place new orders (see article 5 "Closing of the customer account ").

Article 5. Closure of the customer account

5.1 Closing of the customer's account by the Buyer: the Buyer can freely close his customer account at any time and without notice by going to the customer account or by writing online at legal@TheGuitarDivision.com or by mail to The Guitar Division, Legal Department / Personal Data Manager, 10 Bis Route d'Ax, 31120 Portet sur Garonne, by indicating his name, first name, e-mail address and if possible his customer reference. Closure of the customer account takes effect no later than 30 days after the date of notification by the Purchaser of his wish to close his customer account when no order is in progress. Otherwise, the closure of the customer account by the Purchaser takes effect at the end of the withdrawal period.

5.2 Closure of the customer account by S.S.C TGD.: S.S.C TGD may close the customer account of a Purchaser, when the Purchaser has refused the new T & Cs (see article 3.3) and / or when the same Purchaser has created more than one customer account (see article 4.5) and / or when the Purchaser has breach of the obligations resulting from the T & Cs.
In case of multiple accounts creation, only the first account created will be kept.

5.2.1 Information to the Purchaser: S.S.C TGD. undertakes to inform the Purchaser of its intention to close its customer account by sending an email detailing the reasons leading it to consider such closure.

5.2.2 Services accessible during the period preceding the effective closure of the customer account: access to the order history, contacts with the Sellers, access to invoices that the Purchaser must download in order to keep a local copy and sustainable, access to the resale history of products, modification of the profile and access to alerts. The Buyer obviously retains the possibility of making a complaint and of invoking the legal guarantees during the periods provided for in the general conditions of sale accessible here.

5.3 Consequences of closing: The Buyer can no longer order Products on the Platform or benefit from the Services. Despite the closure of his account, regardless of the author and the cause, the Buyer may, during the two (2) years following the delivery of the last Product ordered on the Platform, invoke the legal guarantees.

Article 6. Price of the Services

The Services are chargeable for the Purchaser, the exact amount of the services which is paid by the Purchaser to S.S.C TGD is indicated before the order confirmation by the Purchaser.

Article 7. Relations between S.S.C TGD. and the Sellers

The Sellers are professionals who, wishing to sell their Products on the Platform, have registered on the Platform and have concluded a contract with S.S.C TGD. There is no capital link between S.S.C TGD and the Sellers who are all independent of S.S.C TGD but who pay him, in particular in return for the intermediation service, a commission on the price of orders placed by Buyers. Payment of this commission does not influence the ranking of Sellers' offers, which depends on other parameters available on the Platform.

Article 8. Ordering Products

8.1 To be able to purchase 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 costs. As such, the Sellers are solely responsible:

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

S.S.C TGD. cannot be held liable in the event of an incomplete or inaccurate Vendor Sheet or Product Sheet, or in the event of a discrepancy between the description of the Product as it results from the Product Sheet and the actual condition of the Product. The price of the Product is freely set by the Seller.

8.2 The Products presented for sale on the Platform accessible from the theguitardivision.com website are principally delivered in Europe.

8.3 The user selects the Product (s) he wishes to purchase. Then, he clicks on "Add to basket", chooses the delivery method from which he wishes to benefit. 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 enters the desired delivery address and takes note of the T & Cs and the general conditions of use of the Platform. Once he has read the T & Cs, the Buyer must accept them and save them on a durable medium. Finally, the Buyer can click on the "Continue" 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 “Validate and Pay” which entails an obligation for the Buyer to pay.

8.4 Therefore, the Buyer is informed that the sale is concluded. The Seller has 24 working hours to confirm the order.

8.5 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 two (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).

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

• (i) payment by bank card in one go through the secure 3D secure payment system set up by S.S.C TGD and its payment partner,
• (ii) payments by bank card in 3 or 4 instalments through the secure payment system set up by S.S.C TGD and its payment partner,
• (iii) payments with codes (payment, reduction or promotional).

*see article 10 of T & Cs.

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

8.8 The delivery times 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.

8.9 UNDERAGE
We do not sell products to underage persons. If you are under 18 years of age, you may use a S.S.C TGD Service only under the supervision of a parent or guardian. Offers of products containing alcohol are intended for persons of legal age. You must be at least 18 years old to purchase alcohol or use any alcohol-related features of the Site.

Article 9. Communications The Guitar Division

9.1 The Buyer receives notifications from S.S.C TGD. on his customer account as well as e-mails to the e-mail address he provided when creating his customer account or subsequently. Once the creation of his customer account is finalized, the Buyer receives an email confirming that his account has been successfully created. Once his order is finalized, the Buyer 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 the general conditions of use,
• (ii) confirming that the Seller accepts the order and sending him the GTCS available on the Platform,
• (iii) notifying the Buyer of any event in the follow-up of his order.

9.2 The S.S.C TGD. customer service can be contacted from Monday to Friday (excluding non-working days) between 9 a.m. and 12 p.m. and from 2 p.m. to 5 p.m. by email at contact@theguitardivision.fr. It is available to Buyers for any question or complaint relating to the Services or the Platform. For any question or complaint concerning the Products, the implementation of the guarantees offered by the Sellers, the right of withdrawal, delivery ... The Guitar Division customer service will make its best efforts to relay the Buyer (s) question (s) or complaint (s) to Seller (s) and bridge the gap between the two. However, the Buyers understand and accept that the Sellers' customer service is provided by the Sellers themselves and not by TGD S.A.S. which, in this case, only has a role of transmitting information.

9.3 We will do our best to ensure that the S.S.C TGD Services are available and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the S.S.C TGD Services may occasionally be suspended or limited to allow for repairs, maintenance, or to add new functionality or service. We will endeavor to limit the frequency and duration of such suspensions or limitations.
In its dealings with professionals, S.S.C TGD is not responsible for

• (I) for material losses that have not been caused by a fault on our part
  or
• (II) commercial losses (including loss of profit, earnings, contracts, expected savings, data, goodwill or unnecessary expenses)
  or
• (III)any indirect or consequential loss that was not foreseeable by you and us when you began using the S.S.C TGD Service.

We will not be liable for any delay or inability on your part to perform your obligations under these terms if the delay or inability results from any cause beyond our reasonable control. This condition does not affect your legal right to receive the goods sent and services provided within a reasonable time or to receive a refund if the goods or services ordered cannot be delivered within a reasonable time due to a cause beyond our reasonable control

Article 10. Payment in 3 or 4 installments with fees

LEGAL INFORMATION PAYMENT IN INSTALMENTS Payment in 3 or 4 instalments by credit card is a payment solution that allows you to pay for your order in 3 or 4 instalments debited from the account associated with your credit card, depending on the option selected.

CRESH puts the customer in free contact with the lender - FRANFINANCE (719 807 406 RCS Nanterre - insurance intermediary - N°Orias 07 008 346 www.orias.fr). - to benefit from a short credit. This Agreement specifically governs the use of the CRESH account, and supplements the CRESH Terms of Use.

CRESH is the exclusive and remunerated agent of FRANFINANCE for the provision of remote online (NXWEB) or in-store (NXTEL) instalment payment services. The credit offer is granted subject to acceptance by FRANFINANCE, in its capacity as Lender, which remains the sole decision-maker on the granting of credit according to the information transmitted.

The present instalment payment offers, by their nature and duration, are not subject to the provisions of article L.312-1 et seq. of the French Consumer Code. They are governed by the rules of the ordinary law of obligations.

The offers are available only to natural persons of legal age who hold a bank card valid for at least 3 months after the date of conclusion of the offer, and whose use is not subject to a request for prior authorization (in particular Visa Electron and Maestro cards).

You have a right of withdrawal of 14 days from the date of acceptance of the instalment payment contract.

See examples of offers with fees payable by you and conditions on the FRANFINANCE website: https://opencredit.franfinance.com/docs/NXWEB-MENTIONS-3X4X-AVECFRAIS.pdf

See examples of no-charge offers and conditions on the FRANFINANCE website: https://opencredit.franfinance.com/docs/NXWEB-MENTIONS-3X4X-SANSFRAIS.pdf

Article 11. Payment, discount and promotional codes

11.1 Codes: Option not available.

11.2 The nature of the codes: Option not available.

11.3 General code conditions: Option not available.

Article 12. Complaints

12.1 Complaints concerning the Services are addressed to S.S.C TGD. customer service under the conditions indicated in Article 10.2 of these T & Cs.

12.2 Complaints concerning the Products are sent directly to the Seller by the Buyer through his customer account, unless it is closed.

12.1.1 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 track the complaint from their respective accounts and will have an alert system in the "Get Help" tab.

12.2.2 For the Purchaser whose customer account is closed: the Purchaser addresses his complaint concerning a Product, making sure to indicate the number and date of his order and S.S.C TGD then takes care of transmitting the Purchaser's complaint to the Seller and, conversely, to send the Seller's response to the Buyer by e-mail.

12.2.3 In all cases, the Buyer is informed that the Seller is solely responsible for processing his complaint and for the after-sales service of the Products he sells on the Platform. However, S.S.C TGD may intervene, under the conditions of Article 12.3 below, in the event that the Buyer encounters a difficulty with a Seller.

12.3 The intervention of S.S.C TGD.: S.S.C TGD 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, that is i.e. an account that is not closed,
• (ii) the Buyer has made his complaint within terms of legal guarantees and via their 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 claim 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.

If all of these conditions are met, the Purchaser may request the intervention of S.S.C TGD, 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 Buyer,
• (ii) return to the Purchaser a Product conforming to the Product ordered, provided that the disputed Product is returned.
• (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. If the solution offered by S.S.C TGD. has not been implemented 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 S.S.C TGD 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 S.S.C TGD ...), S.S.C TGD will implement a different but adapted solution after having obtained the Buyer's opinion.

12.4 Exclusion of the intervention of S.S.C TGD : The Buyers will not be able to benefit from the intervention of S.S.C TGD as described in article 15.3 above when the Product is oxidized, broken and / or when one or more components of the Product have been handled by the Purchaser or by a third party appointed by the Purchaser.

12.5 5 PROCEDURE AND FORM FOR NOTIFICATION OF INFRINGEMENT
If you believe that your rights have been violated and you are eligible for the Trademark Registry, please register for the service and submit your complaint via the Trademark Registry. Otherwise, please use our Notification Form. This form can be used to submit any kind of intellectual property complaint to us including, but not limited to, copyright, trademark, design right and patent complaints. Upon receipt of a Notification Form, we may take certain actions, including removal of information or an item and termination of repeated infringements in appropriate circumstances. However, such actions will be taken without prejudice, without any admission of liability on our part and without prejudice to the exercise of our rights, actions and defenses. This also includes the transfer of this form to the parties involved in the alleged infringement. You agree to indemnify S.S.C TGD against any third party claims against S.S.C TGD arising out of or in connection with this notice.

Article 13. Liability of S.S.C TGD.

13.1 Regarding the Services: S.S.C TGD. undertakes to make its best efforts to ensure the availability of the Services and the Platform. However, due to the nature and characteristics of the Internet, this cannot be guaranteed. In addition, S.S.C TGD, reserves the right to suspend or occasionally limit access to the Services and to the Platform to carry out repairs, maintenance, and / or add and / or upgrade a feature and / or a Service.

S.S.C TGD is only liable for direct damage exclusively attributable to a contractual fault committed by S.S.C TGD On the other hand, in the absence of fault on its part (it being specified that the non-compliance with its obligations under the T & Cs constitutes a fault), S.S.C TGD cannot be held responsible for any damage suffered by a Purchaser due to the use of a Service or the Platform or the inability to use all or part of a Service or the Platform. S.S.C TGD cannot be held liable for any malfunction, breakdown, delay or interruption of access to the Internet network.

Regarding the Products: As indicated above, S.S.C TGD. is not the seller of the Products on the Platform which are sold by the Sellers. Since the sale of Products via the Platform only takes place between the Seller and the Buyer, S.S.C TGD cannot be held liable for the said sale to which S.S.C TGD is foreign, except in the event of a breach by S.S.C TGD. to its obligations under Article 12.3. Insofar as it is the Seller who fills in the Product Sheet, Seller Sheet and information concerning the delivery methods and prices, S.S.C TGD can in no way be responsible for the description of the Product, the Seller or the methods and deadlines of delivery provided by the Seller or the Products themselves, their availability and their conformity.

Article 14. Responsibility of Buyers

The Buyer agrees to use the Services and the Platform in accordance with the T & Cs and not to infringe any legal or regulatory rule of public order. In particular, the Purchaser undertakes to provide information that is sincere, accurate, in accordance with reality and does not infringe the rights of third parties, morals, good morals or any rule of public order during the creation and updating their customer account, when ordering and when using the Services and the Platform. In addition, when submitting an opinion or comment on a Product or a Seller, the Buyer undertakes to do so with respect for S.S.C TGD., the Sellers and third parties. Consequently, the Buyer refrains from keeping

• (i) remarks detrimental to S.S.C TGD., to the Sellers or to third parties as well as
• (ii) defamatory, abusive, derogatory or slanderous comments,
• (iii) statements that are discriminatory or incite racial, religious or ethnic violence or hatred
  Or
• (iv) more obscene or pedophile remarks.

Article 15. 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. Personal data policies and cookies are detailed in the documents "The Guitar Division Data Protection" and "Cookies Policy".

Article 16. Applicable law and dispute resolution

16.1 These T & Cs are governed by French law.

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

16.3 The Purchaser is informed that he can, if he wishes, have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and S.S.C TGD. In this regard, the Purchaser can either

• (i) use the online dispute resolution platform set up by the European Commission free of charge, available by clicking on this link, either
• (ii) establish contact with the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris. To know the modalities of referral to the Mediator of FEVAD, the Purchaser can click here.

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 S.S.C TGD, the Purchaser may refer the matter to the competent jurisdiction of the place where he lived at the time of the conclusion of the contract or of the occurrence of the harmful event, the place of the headquarters of S.S.C TGD or that of the place of the actual delivery of the Product.