General Terms and Conditions


UPDATE: 17.05.2021.

OVERVIEW

This website is operated by the company Soundwaves whose Manager and Publishing Director is Mr. Pascal Dhaussy. On this website, the terms "we", "us" and "our" refer to Soundwaves. Soundwaves offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms", "T&Cs", "T&Cs"), including any additional terms, conditions and policies referenced herein and/or accessed by hyperlink. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools that are added to this shop in the future will also be subject to these Terms and Conditions of Sale and Use. You can view the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.


Terms and Conditions of Use of our Online Store

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By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

Use of our products for any illegal or unauthorised purpose is prohibited, nor shall you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You shall not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions of Sale and Use will result in immediate termination of your Services.

GENERAL TERMS AND CONDITIONS OF SALE

  • Article 1 - GENERAL PROVISIONS

1.1 These Terms and Conditions of Sale ("the T&Cs") determine the rights and obligations of the parties in connection with the online sale of Products offered by the company Soundwaves ("the Company").

1.2 Any Order placed on the soundwaves.co.uk website implies the prior and unrestricted acceptance of these Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order. 

1.3 These GTC shall apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit himself/herself when placing the Order and undertakes to provide truthful information regarding his/her identity. 

1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC. 

Professionals who wish to place an Order with the Company are invited to contact us directly. 

1.5 The T&Cs applicable to each Order are those in force at the date of payment (or first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTCs can be consulted on the Company's website at the following address: www.soundwaves.fr and can be downloaded in PDF format.

  • Article 2 - CONCLUSION OF THE ONLINE CONTRACT

2.1. Ordering process

To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click).

At this stage, the Customer is redirected to a page containing:

A summary of the Products selected, the corresponding prices, the terms and conditions and the delivery charges. It is then up to him to check and possibly correct the contents of his basket.  

These GTC: It is up to him to read them carefully before validating the entire Order. 

This validation of the Order after checking the basket and reading the GTCs (2nd click) is worth concluding the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his/her part. 

The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order. 

After validating their Order and making their payment, the Client receives, on the email address they provided to create their account, a confirmation message from the Company. This message contains, in PDF format:

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> The summary of their order (Product selected, price, terms and delivery charges);

> The precise identification of the Company Soundwaves and its activity;

> The Order number;

> The terms, conditions and withdrawal form;

> These GTCs in PDF format

In the event of non-receipt of the Order confirmation, the Customer is recommended to contact the Company via the contact form present on the site.   

The Customer will then receive a purchase invoice transmitted in electronic form, which the Customer expressly accepts. 

The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also transmitted in electronic format as these documents may be produced as evidence of the Contract. 

2.2 Cases of refusal of validation of the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including for example:

> Order not in accordance with the GTC;

> Quantities ordered not corresponding to normal use by a consumer Customer;

> Non-payment of a previous Order or ongoing dispute regarding a previous Order;

> Suspicion of fraud on the Order (supported by a body of corroborating evidence). 

  • Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product. 

While the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are given by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications. 

The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products offerted for sale have no contractual value. The validity period of the offre of the Products as well as their prices is specified on the Company's websites. 

3.2 Availability of Products

The offers of Products are valid within the limits of the stocks available from our suppliers. This availability of Products is normally indicated on the specific Product page. 

However, insofar as the Company does not reserve stock (except in the specific case of Products indicated as pre-orders on the Product sheet), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product as well as its price. 

In the event that a Product becomes unavailable after the validation of the Client's Order, the Company will immediately inform the Client by email. The Order will be automatically cancelled and the Company will refund the price of the Product initially ordered, as well as any sums paid for the Order. 

However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded. 

  • Article 4 - PRODUCT PRICES

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified. 

4.2 Modification of prices indicated on the sites

The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation. 

The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order. 

4.3 Product prices

Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs. 

The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully charged to the Customer, who is liable for such taxes as the recipient of the Product. 

The prices of the Product(s) do not include the costs of packaging, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.

4.4 Payment of taxes

The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. To the extent that this tax is not within the Company's control, the Company shall not be liable for any refund of such tax. 

For all products shipped outside the European Union and/or French Overseas Departments and Territories, the price is calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.

They will be charged to the customer.

They shall be borne by the Client and are the Client's responsibility (declarations, payment to the relevant authorities, etc.). In this respect, the Company invites the Client to enquire about these aspects with the relevant local authorities. 

  • Article 5 - PAYMENT OF PRODUCT PRICE

5.1 Timing of payment

Payment of the full price of the Order must be made immediately after the Order has been confirmed.

The Company may, exceptionally, grant payment in several instalments, particularly in view of the amount to be paid and the knowledge it has of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request by contacting the Company's Customer Service at the following address info@soundwaves.fr

5.2 Methods of payment

To pay for his Order, the Customer may choose between different payment methods:

Payment by credit card

Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorisations to pay with the bank card used. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorisation to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.

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Payments by bank card are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.  

Payment via Paypal

Payment via Paypal is accepted up to a limit of €1,000. 

It is emphasized that in case of using this method of payment, Paypal's Terms and Conditions of Use, which are available on their website, are in addition to these GTC. 

Payment by vouchers and/or promotional codes

Shopping vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order. 

In general, in the event of refusal of payment authorisation by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order. 

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order. 

The Company reserves the right to implement an Order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send a copy of an identity document, proof of address and a copy of the credit card used for payment to the Company by email or post. Precise indications on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will only be validated after receipt and verification of the documents sent.

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  • Article 6 - DELIVERY - DEDICATION - RECEPTION

6.1 Delivery

Prior to the validation of the Order, the Company shall provide the Customer with information concerning the different delivery methods and their respective prices. Following the Client's choice of delivery method, the Company shall provide the Client with an estimated delivery time.  

The Company will make every effort to ensure that the Product(s) are delivered by the scheduled delivery date. In the event of any difficulty, the Company undertakes to contact the Client promptly to inform him/her of this and to seek an appropriate solution with him/her.

The Company will do everything in its power to ensure that the Product(s) are delivered by the due date.

Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Client ("Delivery Costs"). These Delivery Costs are included in the final price charged to the Customer at the time of the Order. However, any customs fees are not included in the price charged to the Client by the Company. 

Depending on the methods chosen by the Client, delivery will be made either to the address given by the Client or, where applicable, to a relay point chosen by the Client from the list of available points. It is therefore the Customer's responsibility to check the information provided for delivery, as he/she alone remains responsible in the event of a delivery failure due to incomplete or erroneous information. 

Delivery times may vary depending on the products and suppliers (USA & Europe) most of our packages are delivered within 7 to 18 working days.

6.2 Customs clearance

When purchasing, the Customer buys the product duty free and becomes an importer of the purchased product in his capacity as the recipient of the Product. 

He is therefore in particular responsible for the import and customs clearance processes of the Product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than €150).

The Customer is solely responsible for the import and customs clearance of the Product.

The Customer is solely responsible for the process of declaring customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Client by the Company, are not within the Company's control. The Company shall therefore not be liable for the refund of such duties.  

6.3.      Receipt

On receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged. 

If an anomaly is found, the Client must contact the Company's Customer Service within three days (excluding public holidays) of the date of receipt of the Product. Any claim filed after this time cannot be processed.  

  • Article 7 - WITHDRAWAL

7.1 Principle and timeframe

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. In the event of an Order for several Products, the period shall run from the date of receipt of the last Product. 

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the return shipping costs being borne by the Customer.

7.2 Exclusions

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Code of Consumption, this right of withdrawal may not be exercised for the following contracts:

> Of supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;

> Of supply of goods made to the consumer's specifications or clearly personalised;

> Of supply of goods likely to deteriorate or expire rapidly;

> Of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

> Of supply of goods which, after delivery and by their nature, are inseparably mixed with other items;

> Of the supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;

> Of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;

> Of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

> Of the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;

> Entered into at a public auction.

7.3 Methods of exercising the right of withdrawal

To exercise its right of withdrawal, the Client must inform the Company of its intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending an unambiguous statement expressing its intention to withdraw within the 14-day period mentioned above. 

Sample withdrawal form:

To the attention of the Soundwaves Company, Customer Service,

29 rue de la Mairie, 88600 Laveline-devant-Bruyères

I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:

Name of the Product:

Date of order and receipt:

Order number:

Tracking number of the withdrawal request:

Customer name:

Customer's address:

Customer's signature: (only in case of notification of this form on paper

Date:

This form should be sent to the Company at one of the following addresses:

> For hard copy, to Soundwaves, Customer Services,

29 rue de la Mairie, 88600 Laveline-devant-Bruyères

> For electronic delivery, to: info@wipideals.com

The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being at the exclusive charge of the Customer.  

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not proceed with any refund and may even, if it deems it necessary and appropriate, engage the Client's liability for depreciation of the Product. 

In the event that the Product is returned under the conditions provided for by the law and these GTC, the Company will proceed with the reimbursement of all sums paid by the Client, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the reimbursement after receipt and verification of the condition of the returned Product. 

This refund will be made using the same payment method used by the Client to pay for the Order, unless the Client expressly agrees to another payment method. In the event of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for the same amount as that paid in this form. 

  • Article 8 - WARRANTIES
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8.1 Legal warranties

The Company remains liable for defects in the conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the Code de la Consommation as well as for latent defects in the thing sold in accordance with articles 1641 et seq. of the Civil Code

When acting within the framework of the legal guarantee of conformity (as provided for by Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:

> Has a period of 2 years from delivery to act

> May choose between repairing or replacing the Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code

> Is exempted from proving the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand. 

The Customer may also decide to act within the framework of the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code. 

These legal guarantees apply independently of any contractual guarantee.  

Reproduction of applicable texts

L.217-4 Code de la Consommation

"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or carried out under his responsibility. "

L.217-5 Code de la Consommation

"The goods conform to the contract:

1° If it is fit for the use usually expected of similar goods and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it is in conformity with the contract

- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in labelling;

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2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter. "

L.217-9 Code de la Consommation

"In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. "

L.217-12 Code de la Consommation

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "

1641 of the Civil Code

"The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them. "

1648 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...] "

8.2 Manufacturer's Warranty

Some Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly party. 

The existence of such warranties is mentioned, where applicable, on the specific page of the Product.  

If the Client wishes to make use of this guarantee, it is advisable that he/she notifies the Company by contacting Customer Service and that he/she himself/herself consults the terms and conditions for the application of the guarantee, which are usually inserted in the box concerning the Product. 

It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects. 

  • Article 9 - PROTECTION OF PERSONAL DATA

In the context of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of compulsory personal data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract. 

If the Client fails to provide this information, it will be impossible to process the Order. 

This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including in particular those that ensure the delivery of the Products or ensure the processing of payments. 

With respect to such personal data, the Client has several rights:

> Right of access to personal data concerning him;

> Right to rectification and deletion if personal data are inaccurate, incomplete, equivocal, outdated or if the collection, use, communication and retention of certain data is prohibited;

> Right to limit the processing of data, provided that such request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;

> Right to object to the processing of data (in particular in the case of processing for commercial prospecting)

> Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data

> Right to withdraw consent for certain processing to be carried out (processing carried out before withdrawal of consent remains lawful)

> Right to complain to the CNIL. 

To exercise its rights, the Client may send a request to the Company, by:

by a letter addressed to the Company Soundwaves,

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29 rue de la Mairie, 88600 Laveline-devant-bruyères

The request must mention the Customer's e-mail address, surname, first name, postal address and must be accompanied by a copy of his/her front and back identity document.

The Customer will receive a reply to his/her request.

A response will be sent to him/her within a period of one month from receipt of the request

  • Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not result in any transfer of intellectual property in the Products sold. 

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC. 

  • Article 11 - FORCE MAJEURE

The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which prevents its performance. The Company will notify the client of the occurrence of such an event as soon as possible.

  • Article 12 - EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary set forth herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including without limitation any modification or alteration of the Product(s) not authorized by the Company.

  • Article 13 - SUSPENSION - TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the T&Cs, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site, without the Company's prior authorisation.

  • Article 14 - ARCHIVING - PROOF

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. 

When each Order is placed, the Order summary is sent by email to the Client and archived on the Company's website. 

The archiving of communications between the Company and the Client is carried out on computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract. 

The archiving of communications, orders, order details, as well as invoices is effected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

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The Customer will have access to the archived elements upon request at info@soundwaves.fr

  • Article 15 - NULLITY AND MODIFICATION OF THE T&Cs

If any provision of these GTCs is invalid, it shall be deemed unwritten, but this shall not invalidate all the contractual provisions.

Any tolerance on the part of the Company, in the application of all or part of the undertakings made within the framework of these GTCs, regardless of the frequency and duration thereof, shall not be deemed to constitute a modification of the GTCs, nor to generate any right whatsoever for the Client. 

  • Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC are subject to French law. 

In the event of any difficulty whatsoever, Customer Service is at your disposal to find an amicable solution. 

If no solution is found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/. 


GENERAL CONDITIONS

We reserve the right to deny access to the Services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

  • ARTICLE 1 - ACCURACY, ACCURACY AND CURRENCY OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. Such past information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

  • ARTICLE 2 - CHANGES TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (and any portion or content of the Service) without notice at any time.

We will not be liable to you or any other third party for any price changes, suspension or discontinuance of the Service.

  • ARTICLE 3 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Returns & Refunds Policy.

We have done our best to display as clearly as possible the colours and images of our products that appear on our shop. We cannot guarantee that the display of colours by your computer screen will be accurate.

We reserve the right, but are not obliged, to restrict sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

  • ARTICLE 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed on our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may push to complete your transactions and contact you if necessary.

For more details, please see our Returns & Refunds Policy.

  • ARTICLE 5 - OPTIONAL TOOLS


We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of such optional third party tools.

If you use any optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).

We may also, in the future, offer new services and/or new features on our Site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.

  • ARTICLE 6 - THIRD PARTY LINKS

Some content, products and services available through our Service may include material from third parties.

Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service, or other item accessible on or from these third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

  • ARTICLE 7 - COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (e.g., to enter contests), or if without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, "Comments"), you grant us the right, at any time, without limitation, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation to anyone for any comments provided; or (3) respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments that you post or that any other third party posts.

  • ARTICLE 8 - PERSONAL INFORMATION

Submitting your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.

  • ARTICLE 9 - ERRORS, INEXACTITUDES AND OMISSIONS

There may be times when information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be taken as a basis for concluding that the information in the Service or on any associated website has been changed or updated.

  • ARTICLE 10 - PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

  • ARTICLE 11 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY


We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Soundwaves, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the use of this website, in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

  • ARTICLE 12 - COMPENSATION

You agree to indemnify, defend and hold harmless Soundwaves, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents referred to therein, or your violation of any law or the rights of a third party.

  • ARTICLE 13 - DISSOCIABILITY

In the event that any provision of these Terms and Conditions of Sale and Use shall be held to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.

  • ARTICLE 14 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to (and including) the date of termination, and/or we may deny you access to our Services (or any part of them).

  • ARTICLE 15 - ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use or any other operating policies or rules we post on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.

  • ARTICLE 16 - APPLICABLE LAW

These Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you Services shall be governed by and construed in accordance with the laws in force in the country where Soundwaves is headquartered, i.e. the applicable laws of France.

  • ARTICLE 17 - CHANGES TO THE GENERAL TERMS OF SALE AND USE

You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.

  • ARTICLE 18 - CONTACT INFORMATION

For any questions regarding the Terms and Conditions of Sale and Use,contact us via infos@soundwaves.fr.