|General Terms of Business|
The terms of business presented herein apply to the following signatories: On the one hand, the company Woodbrass.com , a limited liability company of 1,300,000 euros. SIREN 422128298 RCS Paris - 9/11/15 avenue du nouveau conservatoire - 75019 Paris. Hereinafter referred to as «Woodbrass.com » or « Woodbrass ». And on the other hand, the juristic or individual person who wishes to make a purchase on the internet site of Woodbrass.com. Hereinafter referred to as « customer » or « purchaser ».
Article 1 - Object of the contract
The terms of business laid down herein determine the contractual relationship between Woodbrass.com and the customer, as well as any other applicable conditions that are to be observed by the purchaser, whether a professional or private consumer, when buying on the internet site Woodbrass.com.
The acquisition of a product or provision of services presented on the site obligates the customer to accept the terms of business without reserve.
These terms of business apply exclusively to all other terms, in particular with regard to those in force in business. These are decisive for all other general or particular terms which have not been specifically approved by Woodbrass.com. Woodbrass.com reserves the right to alter its terms of business at any time. In this case the applicable terms of business are those which were effective on the date of the order.
Article 2 - Description of merchandise and provision of services
The products and the provision of services offered are published in the catalogue on the internet site of Woodbrass. These products and services are offered within the limits of the stock at its disposal.
The photographs in the catalogue are as virtual as possible, however, a 100% likeness to the actual product cannot be guaranteed, in particular with regard to the colours.
Article 3 - B-stock The products that are sold under the category « b-stock » are handled in a special mannernner:
These products are offered at a lower price than the official Woodbrass prices and are selected according to the following criteria:
Products delivered to our storeroom with such defects as : ° a damaged packaging ° an aesthetic defect (faulty varnish or other surface coatings, scratches, dents, ...) ° detected fracture. Products that have been returned by customers: ° due to personal reasons ° due to aesthetic defects ° due to detected fracture In each case, every single product is rigorously examined, thoroughly controlled and repaired if necessary in order to restore these to an optimal functioning condition. If visual imperfections exist, these are indicated in the product description. Despite any such designated flaws, these do not have an impact on the proper functioning of these products. If you buy a B-Stock product you benefit from a 7 day right of return. The shipping delay of B-Stock products can be prolonged 48-hours to 72-hours.
Article 4 - Prices
All the prices of our products delivered to France and Europe are denoted in euros inclusive of VAT without forwarding charges. All the prices of our products delivered to outside of Europe and overseas are denoted in euros exclusive of VAT without forwarding charges. The payment of the applied VAT and customs duty are taken in charge by the client at the internal revenue office and custom office.
Woodbrass.com reserves the right to alter its prices at any time, however, the price remains the same as that valid on the day of ordering. Any alteration of the VAT can have an effect on the price of the products and provision of services.
Woodbrass.com will reimburse the difference within a time limit of 15 days following the purchase. The reimbursement is carried out upon presenting the original estimate of cost with the official stamp or a pro forma invoice generally valid in France, which is available at any limited-line retailer who holds a dealing agreement with a French importer, with a notice of the availability of the product (in stock or within the anticipated time limit).
Article 5 - Eco-tax
Woodbrass.com is a member of ECO-SYSTEMES.
ECO-SYSTEMES is an environmental organisation with a non-profit structure that ensures a collecting and recycling service to its members. Accordingly, Woodbrass.com publishes this information on its internet site and charges its customers an «eco-participation fee » for the price of the collecting and recycling of a product, which is conspicuously visible and separated from the base price. For a purchase at Woodbrass.com the amount of the eco-participation is indicated at the foot of the invoice.
Article 6 - Availability
The offers and prices of the products are valid as long as they are visible on the internet site of Woodbrass and in stock. The orders are processed as soon as payment has been received. If the product is no longer in stock, Woodbrass will inform the customer via e-mail, SMS or via letter indicating the date of availability. If the product should no longer be available, the order will be cancelled and the customer immediately reimbursed in case the bank account has already been debited.
In the case of products which are not in stock, the offers are applicable under reserve as to the availability of our suppliers. Should this be the case, the specifications with regard to the availability will be disclosed during the order processing. This information is forwarded by the manufacturers to Woodbrass. Upon exception mistakes or corrections can arise. In case a product should not be available after the order processing, the customer will be informed via e-mail, SMS or mail from Woodbrass. Equally it can occur that the quantity of ordered products is oversold. In this case the customer will be informed via e-mail, SMS or mail from Woodbrass indicating the availability of the ordered product. If the product should no longer be available, the order will be cancelled and the customer immediately reimbursed in case the bank account has already been debited.
Article 7 - Ordering Via internet: www.woodbrass.com Via telephone: Free call from France Call 0800 95 96 63 Via telephone: Local call rate from UK Call 0845 68 68 094 Via telephone: From other Countries Call 0033 240 28 29 48 The customer who wishes to purchase a product or take advantage of a provision of services is obliged to:
1) fill in the identification forms, in which he provides the personal data in question as well as information necessary for delivery (building access codes required if present). The password that secures access to the customer's account is strictly confidential. Everytime the customer provides his personal data or makes an order via internet, he is identified in advance by his user identification and his password. 2) fill in the internet order form with all the information respective to the choice of products and provision of services. 3) check and confirm data. 4) execute payment according to the prescribed terms. The confirmation of an order effects the customer's consent to the terms of business presented herein, recognition of complete comprehension and a disclaimer with regard to his own conditions of purchase and other terms.
The entirety of all given data and the stored confirmation are proof of the concluded transaction.
The confirmation equals a signature and the agreement to the effected business transaction.
Woodbrass.com informs the customer about the order received per e-mail.
Woodbrass.com is not responsible for the consequences resulting from occurrences that are against its will, in particular with regard to extreme cases involving a delay or interference of the ordering process.
Certain orders may require additional information from the customer. In this case the customer will be notified of the required documents via mail or telephone in order to receive the definite confirmation of his order. Woodbrass.com reserves the right to cancel the order in case of not receiving the respective documents or invalid documents. For certain reasons the customer's order can be cancelled by Woodbrass.com., in particular due to the lack of information necessary for delivery. The customer will be informed about this by Woodbrass.com.
Article 8 - Terms of payment The payment of the article ordered from the internet site of Woodbrass.com goes into effect directly upon ordering and according to the customer's preference: 1)Payment in EURO per credit card, CB, Visa and MasterCard The payment per credit card is processed through the security system of the bank BANQUE POPULAIRE, which employs the protocol SSL (Secure Socket Layer) so that the relayed information is codified by means of a software system and no third party has access to it. 2)Payment in POUND STERLING or Payment in EURO per bank transfer ======================================= Payment in POUND STERLING : Account holder: Woodbrass.com Bank address: Societe Generale 41 Tower Hill London EC32 4SG - United Kingdom. ACCOUNT Currency : Pounds Sterling Account Number : 19009183 IBAN : GB04-SOGE-236391-19009183 UK Sorting Code : 23-63-91 Account Holding Bank BIC : SOGEGB2LLON ===================================== Payment in EURO: Woodbrass.com Societe Generale 59, Rue Lafayette 75009 Paris - France IBAN : FR76 3000 3032 1100 0200 7177 828 BIC : SOGEFRPP =================================== The bank transfer fees are to be paid by the purchaser.
Article 9 - Delivery
9.1 General business risks The customer is obligated to provide all the necessary information required at the time of ordering so that the order can be carried out without difficulty. In addition the customer is obliged to provide a telephone number under which he can be reached by the forwarding agent during the day.
The customer is obligated to accept the goods at the address given in the order either for himself or the recipient of the order. At the time of delivery the customer of recipient of the goods should be able to identify himself upon demand. After opening and controlling the contents of the parcel in the presence of the forwarding agent, the customer is obliged to sign the delivery receipt presented by the forwarder. In case of damage, improper delivery, packaging damage or faulty products, refer to Article 9 on the procedure for returning goods. Delivery does not include putting the goods into operation.
9.2 Deadline for forwarding and delivery
The time limit for forwarding the goods is to be understood as exclusive of the transport time and the day of the week. In the case of payment per bank transfer the order will first be handled upon receipt of payment. Therefore the given deadline goes into effect the moment the transfer has been received and subsequently can change depending on the day of the order.
In case of a foreseeable prolongation of the forwarding time, Woodbrass.com will undertake to compensate for this by informing the customer as soon as possible and via all channels so that he can decide whether to maintain the order or cancel it either partially or wholly.
The time of delivery can in no way result in damage causing a disadvantageto the customer or renderer of service. Should this time limit be exceeded, the customer will be informed per e-mail. In this case and as long as the product has not yet been dispatched, the customer has the possibility to demand a refund in the form of a credit note (voucher), which will be credited to his account within the following 48 hours. This credit note is valid for one year from the date of issue. If the customer decides to receive a refund, the amount will be refunded within the following 15 days per bank transfer.
9.3 Joint fees for preparation and delivery For an order over 199€ inclusive of VAT, bulky parcels excluded, deliverable in Austria, Belgium, Germany, Italy, Luxembourg, Spain, Netherlands and United Kingdom , Woodbrass.com pays the forwarding costs. For an order under 199€ inclusive of VAT, an order preparation fee is added to the forwarding costs. This amount is calculated according to the weight and volume of the parcel and quoted prior to the final confirmation of the order. For bulky parcels, a 9.99€ inclusive of VAT fee will be applied to the order for the preparation of the instrument. For all other destinations, all delivery costs are quoted before the confirmation of the order.
9.4 Overseas delivery Orders destinated to oversea countries are invoiced VAT excluded. The day of delivery the local tax and customs authorities require as follows: - the amount of applicable TVA - tax on goods entering or leaving the territory local tax - customs control duty.
These fees are at the expense of the customer.
9.5 Possible forms of delivery
Express delivery through UPS.Delivery takes place from Monday to Friday. The customer receives his parcels within 3-5 days with our partner UPS (excluding parcels weighing more than 30kg). An order that is executed before 12 o'clock will be carried out on the same day (under reserve of the availability of the product or products). The delivery can also be traced on www.ups.com . In case of absence the UPS deliverer will announce a new date of delivery.
Express delivery through Chronopost International. Delivery takes place from Monday to Friday. The customer receives his parcels within three to four days through our partner Chronopost International (excluding parcels weighing more than 30 kg). An order that is executed before 12 o'clock will be carried out on the same day (under reserve of the availability of the product or products). The delivery can be traced on www.chronopost.fr.
In case of absence a notice will be left in the letter box to collect the parcel at the post office designated in the notice. Chronopost does not deliver post-office boxes.
Delivery of bulky parcels ( over 30 kg) In case of bulky products - especially electric pianos - the customer must check in advance the means of access (door, lift, staircase). Delivery is carried out up to the addressee`s doorstep as long as the access to it is ensured. The forwarding agent is not responsible and accountable for the delivery of goods to a storey.
In case of an arranged delivery date for bulky products, the respective forwarding agent can offer the assistance of personell, however, this service is charged extra and directly with the respective agent.
If the customer does not wish this service, the forwarding agent will place the product in the ground floor.
Article 10 - Procedure of returning goods
10.1 Undelivered parcels of service provider
In case of non-receipt of the parcel an enquiry is made by the provider. During this time period no refund or reshipment can be claimed.
In case of advice of parcel lost by our provider, all depending upon the type of goods and availability in the warehouse and according to the wishes of the customer, we offer the return consignment of the product originally ordered or an equivalent substitute.
If it is not possible to execute a delivery to the customer (for example, due to the lack of a delivery date, etc.), this results in the loss of the partial refund of the consignment.
In case the customer does not wish the product he originally ordered or a substitute product to be sent back to him once again, a credit note (voucher) will be credited to his customer account within the following 48 hours. This voucher is valid for one year from its date of issue. If the customer wishes a refund, the amount of the price of the product will be transferred within a time limit of 15 days following the return date of the undelivered parcel.
10.2 Transport damage
This refers to damaged, partially ripped open parcels and missing or discontinued products. The customer describes his complaint on the confirmation of receipt form, demands a second signature from the forwarding agent and keeps a copy of the document. In case the product is damaged the customer must refuse to accept the parcel and write his complaint on the delivery receipt. (For example: Parcel refused due to opening or damaging during delivery, etc. The damage must be exactly described.). This complaint must be expressed in exact terms. The expression « due to packaging » contains no description and is of no legal value. It is imperative to describe exactly the condition of the packaging or the product and to denote the damage in detail. (For example: Sound of broken material, parcel opened, packaging damaged, ripped open, perforated..product scratched on the lower right corner, perforated on the left side, parcel refused as opened and damaged during delivery). The customer must confirm his complaint with the forwarding agent via certified mail at the latest 48 hours after delivery of the article or articles and send a copy of the certified letter with the information given in the delivery receipt to: Woodbrass.com SAV, 1 rue du Charron, 44800 Saint Herblain, France. Note the following: Controlling the condition of the product is considered to have been executed the moment the delivery receipt is signed. Therefore the following applies: IN CASE OF NEGLECTING THE ABOVE MENTIONED PARTICULARS, NO COMPLAINT WILL BE ACCEPTED. (Article of law 130-3 of the French Code of Commerce)
With his signature on the delivery receipt without any complaints and the acceptance of the product, the customer gives his approval of the irreproachable receipt of the goods. After this point in time no complaint with regard to the condition of the product will be accepted any longer. After the receipt and acceptance of the delivery of the parcel through Woodbrass'service according to type and availability of the product and at the wish of the customer, Woodbrass.com offers the possibility of returning the product originally ordered or its substitute. In case the customer does not wish the product he originally ordered or its substitute to be returned to him once again, a credit note will be credited to his customer account within the next 48 hours following its return to Woodbrass.com. This voucher is valid for one year after its date of issue. If the customer wishes a refund, the amount of the price of the product will be transferred within a time limit of 15 days following the return date of the parcel.
10.3 Improper delivery with respect to quality or quantity The customer must choose a « customer service ticket » available on the site www.woodbrass.com at the link « My contacts with Woodbrass.com » and fill in:« I wish to contact customer service.» . The customer is also able to reach the customer service by calling: 0033 (0)240 38 29 35/
10.4 Mishap due to unpacking or incorrect use of product
The customer must choose a « customer service ticket » available on the site
www.woodbrass.com at the link « My contacts with Woodbrass.com » and fill in: « I wish to contact customer service.» The customer is also able to reach customer service by calling: +33 (0)240 38 29 35. ATTENTION: Only products showing proof of damage are accepted. Customer service enquiries that do not fulfil the above mentioned requirements will not be handled. The customer receives a confirmation of delivery within a time limit of 48 to 72 hours. The majority of manufacturers cover and regulate the customer service of their products directly with the customer.Therefore Woodbrass'customer service transfers the customer to an authorised technical department so that his product can be repaired. All required contact data is provided to the customer so that he can contact the technical department directly. Depending upon the manufacturer and product, the repair work can take place on site (at home) or it will be necessary to send the product to the respective department. Some manufacturers oblige the seller to take back the product before it is transferred to the technical department. In this case the customer service of Woodbrass.com will provide an approval number for return. As soon as the return has been accepted, a return address for the transfer of the faulty product and the mode of transport will be provided. The cost of transport will be refunded in the form of a voucher, which is valid for one year from the date of issue. The cost of the second delivery is also at the expense of Woodbrass.com. Returns need to be approved by our customer service. Returns are transferred via mail and are refunded in the form of a voucher, which is valid up to one year. Every returned parcel not respecting this policy will be refused nor refunded. The reconsignment of parcels weighing over 30 kg will be refunded by Woodbrass.com up to the amount of 40 € . The reconsignment of products must be carried out in the original packaging and in flawless condition including accessories and possibly the customer slip. Returned articles that are incomplete, worn-down, damaged, used or dirty cannot be accepted back and will be returned to the customer at his own expense.
10.5 Cancellation and right of return According to Article L121-16 of the French Consumer Code Law, the private individual consumer is given a cancellation deadline of seven days to return his goods to the seller going into effect from the time when the order was delivered so that a replacement or refund can be executed without penalty. All articles which lie within the legal deadline are subject to replacement or refund. The date of posting is decisive for the recognition of the deadline. Reconsignment costs are charged to the customer. The customer must choose a « customer service ticket » available on the site www.woodbrass.com at the link « My contacts with Woodbrass.com » and fill in: « I wish to use my right of return» The customer is also able to reach the customer service by calling: +33 (0) 240 38 29 35. All returns without approvement are rejected. The reconsignment of products must be executed using the ORIGINAL PACKAGING and in perfect condition including any accessories and possible slips as well as the form enclosed from Woodbrass's customer service that is to be filled in properly. Articles that are returned in an incomplete, worn-down, broken, used or dirty condition will not be accepted and will be returned at the expense of the customer. The refunding of the sale price of the goods takes place within 30 days from their delivery. The refund is credited to the credit side of the customer's bank account. Delivery per COD (cash on delivery) is not permitted.
Article 11 - Guarantees
11.1 Legal guarantee of conformity and warranty against the defects of the thing sold
The legal guarantee of conformity is defined by articles L 211-4, L 211-5, L 211-7, L 211-8, L 211-11 and L 211-12 of the French Consumer Code.
The warranty against the defects of the thing sold is defined by articles 1641 to 1649 of the French Civil Code.
The legal actions based on the legal guarantee of conformity and the warranty against the defects of the thing sold must be taken within two years following the delivery of the goods.
In case of any lack of conformity or latent defect, the seller must pay for the return costs.
11.2 Contractual guarantees
In addition to the legal guarantees above reminded, Woodbrass.com guarantees to all customers a 3 years guarantee on all products carrying the mention "3 year guarantee". This guarantee does not cover: - replacement of consumables (batteries, light bulbs, fusibles, outwear of recording heads and lecture .) - accessories, except of special cases - abnormal utilisation of products. We invite you to read attentively the instruction manual that comes along with the product. - Damage due to a repairer not accredited by Woodbrass. - Damage due to an external cause (for example: accident, shock, electricity fluctuation .). The execution of the Woodbrass.com guarantee comes into effect with the repair of the damaged product. Should the product not be repairable Woodbrass.com exchanges this product with a product epitomising equivilant characteristics.
Article 12 - Liability During the purchasing procedure on the internet, the seller is not liable for any resulting damage caused by using the internet as such , for example, in case of the loss of data, intrusion, virus, power failure or other unintentional problems. Woodbrass.com is not to be held responsible for the non-fulfilment of an agreed contract. This also applies to force majeure after the fact, especially in case of a total or partial strike of the postal or forwarding services and natural catastrophes caused by floods and fire. In respect to a product purchased by a professional customer, Woodbrass.com cannot be held liable in case of unexpected consequential damage due to an ongoing business interruption, loss of profits, damage or consequential costs. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impracticability for the utilization of a product, particularly due to the incapatibility of equipment, will not be compensated for, nor can Woodbrass.com be made accountable, except in the case of a fabrication defect, a non-conformity, defectiveness or execution of cancellation.
Article 13 - Copyright All contents published on the internet site Woodbrass.com are the copyright of the capital company Woodbrass.com. No one has the right to copy, use, recirculate or exploit in any way the contents of this site, whether through software, visual or acoustic means. Without the written approval of Woodbrass.com, every link, whether simple or hypertext, is strictly forbidden.
Article 14 - Respect for the privacy of personal data According to the computer, data and freedom related law of 6th January 1978, the information about a customer is permitted to fall into the category of automated processing. The sole right to make use of the relayed information of the customer is reserved by Woodbrass.com. Woodbrass.com commits itself not to pass on any personal data to a third party. In addition, the user has at his disposal the right of access to and the rectification of his data according to the French law of 6th January 1978.
Article 15 - Proof of archival storage Woodbrass.com stores the order forms and invoice receipts by means of a secure and permanent system that contains the an accurate copy of the original according to Article 1348 of the French Civil Code. The information register of Woodbrass.com serves as a proof of the communication, ordering, payment and business transaction between the contractual partners.
Article 16 - Regulation of litigation The terms of business presented herein comply with the French administration of justice.