03/05/2012
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)Per credit card, CB, Visa and MasterCard
The payment per credit card is processed through the security system of the bank
SOCIETE GENERALE, 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)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.
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