General Terms And Conditions Of Sale

These general terms and conditions of sale constitute the principal source of binding information available to you, the "Customer" (hereinafter referred to as "The Customer" or "you"), concerning the conditions under which we, SASU SoundWorks (referred to as "The Company", "we", "SoundWorks"), proceed with the sale of our products.

Please read them carefully before making any purchase, and contact our customer service if you have any questions.

I. Information concerning the parties

Upon the purchase of any of the products described below, a contract of sale is established between You, our Customer, and us, SASU SoundWorks, a company registered with the Registre du Commerce et des Sociétés de Marseille under SIRET number 422 241 224 00035, whose registered office is located at 126 Boulevard Bara, Heliopolis II, Lot B4, 13013 Marseille and which bears the following intracommunity VAT number: FR05 422 241 224.
SoundWorks' corporate purpose is the retail sale of cultural and leisure goods and clothing, all of which are described in this document as our "products".

Our website (hereinafter referred to as "the site"), where you are, enables you to purchase ©Season of Mist products, of which we are the owner, but also products for which we are a reseller or from partners for which we are also the official distributor.
All these products are available on our website shop.season-of-mist.com, which we operate exclusively. These general terms and conditions of sale therefore apply to all products on the website, whether they belong to us, are on consignment or are distributed, unless otherwise expressly stated below.

By accessing or using the Site in any way, including, but not limited to, visiting or browsing the Site or contributing Content or other materials to the Site, you agree to be bound by these Terms and Conditions.

SASU SOUNDWORKS
126, boulevard Bara
Heliopolis II - Lot B4
13013 Marseille
France
RCS Marseille 422 241 224 00035
Share capital €200,000
Intracommunity VAT number FR05 422 241 224

Some of our products are intended for an informed or adult public, and you hereby acknowledge that you have been informed of this prior to any purchase. All our products are intended to be sold to responsible individuals who have their own means of payment.

The shop.season-of-mist.com website is intended exclusively for private customers. If you are a retailer yourself and would like to purchase the products we sell for resale to your own customers, we invite you to visit our wholesale site: wholesale.season-of-mist.com.

II. Products sold

A. Main characteristics

Each product sold on our website has its own dedicated page where you can find a description and as much information as possible. Since we mainly sell cultural goods such as music recordings and merchandising, you will find information such as:

The artist's name, the title of the recording, the name of the label (record company) and the musical genre ;
Format, color and short product description ;
Long product description ;
Product price (see below) ;
Product reference, barcode and release date ;
Availability (in stock or on pre-order - see below for details).

Some of our clothing items are available as "print on demand" (POD). You will find all the information you need on the dedicated pages. We would like to emphasize that these items are printed in our workshop especially for you following your order, and as such are subject to the special provisions applicable to personalized products, particularly with regard to the withdrawal period (see below).

Our staff pay particular attention to describing the products we sell as accurately as possible, providing you with at least a table of information and recommendations of similar items.
Should you unfortunately find an item without a description or information table on the site, or with an error, we would be grateful if you would inform customer service using the contact form. Similarly, although we do our utmost to avoid errors, we will take all necessary steps to write to you if your order inadvertently includes a product with an incorrect description.

B. Product prices

All prices of our products, both physical and digital, are mentioned on their description page in Euros (€), all taxes included (including, but not limited to, VAT). Orders can therefore only be paid for in Euros (€).
However, the prices displayed do not include any processing fees that may apply to your payment (e.g. bank charges) or to the completion of your order (e.g. shipping costs).

If your order is placed and shipped to a country outside the European Union that is not subject to certain taxes, your invoice will be automatically adjusted without these taxes.
If your order is shipped outside mainland France, you will be considered as the importer of the products in the country of receipt. If the delivery address is in a country outside the European Union, customs duties, local taxes, import duties or state taxes may be required on delivery. These are at your expense, dear customer, and are your sole responsibility (both in terms of payment and tax declarations) to the competent authorities and organizations in the country. We are not in a position to calculate or estimate them, and recommend that foreign customers check with their local authorities.

SoundWorks reserves the right to modify its prices at any time, but never in an abusive manner. However, products will be invoiced on the basis of the prices in force at the time the order is accepted.

We regularly organize special offers, sales and other promotional campaigns. In these cases, prices are temporarily lower than those usually applied to the same items on the Site. Whatever the date of dispatch of your order, the price invoiced will be the one in force at the time the order is saved.

III. Terms of sale: orders and deliveries

A. Orders, product availability and conclusion of sales contract

When you place your first order on the Site, you are automatically asked to create an online account containing personal information (first name, last name, address, e-mail address, company, telephone number, etc.).
We ask you to keep this personal information up to date, as it will enable us to contact you if necessary. You are requested to read the general terms and conditions of sale when you create your account, and then to accept them. You then agree to abide by them. In the event of disagreement with any of the elements specified in the present terms and conditions, we suggest you do not to place an order and contact customer service.

The sales contract is considered concluded when the order is saved and payment is received by our services. The accuracy of the data relating to the order is then verified and you become the owner of the products purchased.

The data recorded by our site when confirming the order constitute proof of all transactions between SoundWorks through the site and its customers. The data recorded by the payment system constitute proof of financial transactions.

Our product offers are valid as long as they are visible on the site, while stocks last. This excludes promotional offers mentioned as such on the site. Links to out-of-stock products will be indicated by the word "Out of stock".
Unfortunately, it may happen that a product is unavailable after your order has been confirmed. In the event of such a problem, our services will inform you by e-mail and offer you either a replacement product, a refund, or a credit note for the amount of the sum collected, to be used on the Site without time limit.

B. Pre-orders

Some of our products are available for pre-order. Please note that these items cannot be delivered before their official release date (mentioned on the item page).
Therefore, if your order contains both in-stock items and a pre-order item, the entire order will be shipped when the pre-order item is officially released.
This is because orders cannot be split into several shipments, which means that the same treatment is applied in the event of a delay in the availability of an item.
Therefore, if you wish to receive delivery of certain items before the release date of a pre-order you wish to purchase, we invite you to place two separate orders.
If you have inadvertently overlooked this specificity of pre-orders, please contact our customer service department.

C. Order payment

Payment for purchases can be made:

By PayPal via the PayZen payment platform to which you will be redirected ;
By credit card via the PayZen payment platform to which you will be redirected ;
By bank transfer to the details below:
Account holder: SoundWorks
IBAN: FR76 1131 5000 0108 0141 1908 102
BIC (SWIFT transfer, Bank Identifier Code): CEPAFRPP131
By cheque (issued exclusively by a bank located in France or Monaco) payable to SoundWorks and sent to our head office address (see chapter I.). The cheque will be cashed on receipt.

D. Delivery and delivery times

Products are sent to the delivery address you chose during the order process, and you have a wide choice of different delivery services, all of which are delivered against signature, depending on your preferences and the destination of the parcel:

By La Poste: Colissimo pick-up point or to the address of your choice ;
By GLS: delivery to the address of your choice in mainland France, excluding Corsica ;
By UPS: Standard, Saver (1 to 5 working days) or Express (1 to 3 working days) delivery, regardless of destination.

We aim to dispatch orders on the next working day (D+1) following receipt of payment (subject to product availability), but unfortunately we cannot be held responsible for delays caused by the above transport companies.
However, if we hear that your order is delayed, we will send you an e-mail to inform you of this and to give you information on the possible consequences on the delivery date envisaged during the ordering process.

IV. Terms and conditions of sale: Withdrawal and returns

A. Right of withdrawal

1. General principles

In accordance with the legal provisions in force, and in particular the French Consumer Code, as a customer you have a period of 14 days from receipt of the products to exercise your right of withdrawal, without having to justify your decision or pay any penalties.
If you wish to exercise your right of withdrawal within the above-mentioned period, please complete the withdrawal form (downloadable here) and send it to us: by e-mail to support@season-of-mist.com or by registered mail with acknowledgement of receipt addressed to the company's head office.
We will then reimburse you for the products which are the subject of your withdrawal in accordance with the applicable standards, i.e. within 14 days of receipt by our services of the retraction form duly completed and downloadable here.

Please note that returning items without first contacting us or refusing delivery does not constitute an exercise of the right of withdrawal.
We also ask you to enclose a copy of the order delivery note for optimal management.

The cost of returning the product to our warehouse remains at your expense, unless the delivery address of the order is located in France. If you exercise your right of withdrawal on the entire order you received, we will reimburse the initial shipping costs.

2. Non-application of the right of withdrawal to certain items

In accordance with Article L221-28, 3° of the French Consumer Code, the right of withdrawal does not apply to contracts for the "supply of goods made to the consumer's specifications or clearly personalized". We therefore draw your attention to the fact that we are not obliged to accept the exercise of your right of withdrawal for an item purchased via our "Print on demand" (POD) service. The same applies to any other customizable item purchased from our website.
In the same way, and in accordance with article L221-28 9° of the French Consumer Code, we are not obliged to accept the exercise of the right of withdrawal concerning a contract "9° For the supply of audio or video recordings (...) when they have been unsealed by the consumer after delivery".
Please note that we will not accept the return of any product whose packaging, shrink-wrap or protection has been removed.
Returns must therefore be made in their original, complete condition (packaging, accessories, booklet, sleeve, etc.), enabling the product to be resold as new, and must be sent to our head office:

SASU SOUNDWORKS
Shop Returns
126 Boulevard Bara
Héliopolis 2 - Lot B4
13013 Marseille
France

B. Warranties of conformity and latent defects

1. Warranties concerning physical products

Our products are individually inspected before shipment. If, unfortunately, you receive a damaged parcel, you must inform the carrier immediately.
In accordance with the legal provisions relating to the seller's guarantee of the conformity of its products, and in particular the provisions of article L211-4 et seq. of the French Consumer Code, we will exchange or, if this is not possible, refund products which appear to be defective or which do not correspond to your order (these provisions do not apply to items damaged during delivery). We ask our customers wishing to apply these provisions to contact our customer service via this contact form.

Products must always be returned to us in the condition in which they were received (accessories, packaging, sleeve, etc.).

As a seller, we are also bound by the legal guarantee against hidden defects for all products sold on the site, in compliance with the legal provisions in force at the time of purchase, and in particular articles 1641 et seq. of the French Civil Code. We invite you to read the aforementioned legal provisions carefully, and we remain at your disposal through our customer service department should you have any questions on this subject.
Should such a situation arise, you will have the option of keeping the product in exchange for a partial refund, or returning it to us for full refund of the price and any costs incurred.

These provisions do not prevent you from exercising your right of withdrawal.

2. Warranties for digital products

We would like to draw your attention to the fact that digital products are non-refundable. We therefore invite you to contact our customer service department via this contact form in the event of a problem.

We remind you that when you buy a digital product, you are buying the product as described on the item page of our site at the time of purchase. We therefore invite you to pay particular attention to the format you are purchasing and, if available, to the track-list we provide in most cases.
We do not provide any updates for the digital products you purchase. You therefore purchase the agreed format and the version described on the item page, and we never guarantee to provide you with another version of the product (extended, remastered, deluxe etc.) after your purchase.

Legal warranties necessarily apply to the digital products we sell. Thus, we guarantee their correct operation and conformity to your order.
We ask you to take careful note of the conditions laid down in the aforementioned articles, particularly with regard to the conditions of proof, should a digital product be contested by you.
As these products are not returnable, we would also like to draw your attention to the fact that in most cases we will not be able to provide a full refund in the event of a malfunction.

However, we are committed to our customers' satisfaction and will always be at your disposal in the event of a problem. Please do not hesitate to contact our customer service department via this contact form. We'll get back to you as soon as possible.

You can also consult the Legifrance website for further information, and in particular the Appendix to Article D. 211-4 of the French Consumer Code concerning provisions applicable to digital content.

V. Intellectual property rights

We hold exclusive Intellectual Property rights to all texts, comments, articles, illustrations and images on the websites (season-of-mist.com and shop.season-of-mist.com) worldwide.
In this respect, you are authorized only the uses strictly defined as exceptions to Copyright/Intellectual Property in the legal, contractual and regulatory provisions applicable in this area throughout the world, and in particular in the Intellectual Property Code. Thus, only personal, and never commercial, use of the elements present on our site is permitted. Any other use constitutes counterfeiting and will be punished as such, unless you obtain prior written authorization from us.

SoundWorks grants a revocable, nonexclusive right to create a hypertext link to the above websites so long as the link and the content to which it is attached do not portray SoundWorks, Season of Mist, its affiliates, or items belonging to them in a misleading, false, derogatory, or offensive matter.

VI. Liability and applicable law

The products sold on our site are guaranteed to comply with French legislation. It is your responsibility, however, to check with the local authorities in your country or in the country of destination regarding the possibility of importing or using the products you intend to order.

The images and texts illustrating the products, as well as the audio recordings and their lyrics, are carefully checked before being put online. Variations between descriptions and products, as well as errors in texts or images, are unfortunately possible but do not systematically engage our responsibility. If you notice such an error, please inform customer service.

SoundWorks cannot be held responsible for the non-execution or the bad execution of the concluded contract in the case where these would be imputable to the customer, to an unforeseeable or insurmountable fact due to a third party or a case of force majeure. We cannot be held liable for any direct or indirect damage resulting from the aforementioned risks.

This contract is governed by French law. This is a translation of the original contract, which was written in French and can be found here. In the event of any dispute, the French courts shall have exclusive jurisdiction.

VII. Personal data

Personal data and information concerning you are necessary for the management of your order and our commercial exchanges. It may be transmitted to companies that contribute to these relations, such as those responsible for order execution, management, processing and payment. It is kept for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer and the information we send to customers.
We ask you to keep your personal data up to date so that we can contact you if necessary.

In accordance with the legal provisions in force, and in particular the French Data Protection Act of January 6, 1978, customers have the right to access, rectify and object to personal data concerning them. To exercise this right, please send your request by post to:

SOUNDWORKS / SEASON OF MIST
126, boulevard Bara
Heliopolis 2 - Lot B4
13013 Marseille
France

Please state your full name, e-mail address and the billing address of the account concerned on the site. In accordance with the legal provisions in force, this request must be signed, accompanied by a copy of an identity document bearing the signature of the person concerned and the return postal address. A reply will be sent within 2 months of receipt of your request.

Depending on the choices you made when creating or modifying your account on our site, you may receive offers from our company, as well as from the companies and brands of the Season of Mist group, mentioned when creating your account.

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