General Terms of Business
Last update: 14/11/2016
The conditions of sale herein are between:
The company Woodbrass.com, SAS with a capital of EUR 1,800,000.
SIREN number 422 128 298 RCS Paris – 9/11/15 avenue du nouveau conservatoire – 75019 Paris, France, hereinafter referred to as “Woodbrass.com” or “Woodbrass”.
And, any natural or legal person wishing to make a purchase on the Woodbrass.com website, hereinafter referred to as the “customer” or “purchaser”.
Article 1 - Object
The conditions of sale shall apply to all current and future contractual relationships 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 Woodbrass.com.
The acquisition of goods or services through this website implies full acceptance by the purchaser of these terms and conditions. These conditions of sale shall be applied with the exception of all other conditions, including those applicable in store.
They will prevail over any other general or particular conditions not expressly agreed to by Woodbrass.com.
Woodbrass.com reserves the right to modify these conditions of sale at any time. In this case, the applicable conditions of sale are those in force on the day the order was placed.
Article 2 - Description of merchandise and provision of services
The products and services offered are those which feature in the catalogue on Woodbrass.com.
These products and services are subject to availability.
Stock levels are updated daily.
Woodbrass has more than 100,000 items in stock.
However, sometimes the number of products ordered may be higher than the number of products in stock.
If this occurs, you will be informed by email and we will tell you when your product will become available.
The photographs in the catalogue are as accurate as possible but cannot be guaranteed to match the product identically, especially with regard to colour.
Article 3 - Stock B
Products in the stock-B category are subject to a particular system.
These items have lower prices than those usually charged by Woodbrass.com; they were selected according to the following criteria:
Products we received with:
• damaged packaging
• an aesthetic defect (varnish defect, scratches, dents, damaged surface, etc.)
• a noted breakage
Products returned by a customer:
• due to personal reasons
• due to aesthetic defects
• due to a noted breakage
In all cases, these items have been subject to careful examination: they have been checked and/or repaired and their functional features are documented.
If visual imperfections are still present, they are reported in the item form; unless otherwise specified, they do not affect the proper functioning of the product.
By buying instruments and material from category B stock, you have a legal right to cancellation of 30 days.
The shipping times for stock B products can be extended from 48 to 72 hours.
As downgraded products are unique, they have their own specific guarantee. If it is impossible to carry out a repair, an exchange for a new version of the same product is impossible. Therefore, the customer will have the right to choose either credit valid for 1 year or a refund.
Article 4 - Pricing
The prices of our products delivered within Europe are shown in Euros inclusive of all taxes, excluding processing and shipping costs.
The prices of our products delivered outside Europe are shown in Euros excluding taxes, processing and shipping costs. The payment of the applicable VAT and custom duty is made by the customer to domestic tax authorities and customs.
Woodbrass.com reserves the right to change its prices at any time. However, the price that the customer pays shall remain the same as that indicated on the day of ordering.
Any change to VAT may affect product prices or provision of services.
Article 5 - Availability
Products and prices are valid whilst visible on the Woodbrass website and are limited by available stock.
Orders are processed upon receipt of payment and according to product availability. In the event of a product being unavailable after placing an order, we will inform the purchaser by email, SMS or post indicating the date that the product will become available. Should the product be permanently unavailable, the order will be cancelled and the purchaser will be immediately refunded if their bank account has been charged.
For products not stocked in Woodbrass warehouses, products offered are subject to availability from suppliers.
In this regard, information on product availability is provided at time of placing the order. This information comes directly from Woodbrass suppliers; there may be errors or changes on an exceptional basis. In the event of the product being unavailable after the order is placed, Woodbrass will inform the purchaser by email, SMS or by post upon receiving the information provided by its suppliers. Similarly, it is possible that the number of products ordered may be greater than the number of products in stock. In this case, the purchaser will be notified by email, SMS or post of the date that the product will become available. In the event that the product is permanently unavailable, the order will be cancelled and the purchaser will be immediately refunded if their bank account has been charged.
Article 6 - Orders
On the Internet: www.woodbrass.com
Or by phone by calling the number shown on the website
Purchasers wishing to buy a product or service must:
- Fill the identification form and enter all the details requested, as well as all information needed for delivery (including door access codes to buildings). The password allowing access to the customer’s account is strictly personal. On each visit, when accessing personal data during the session, or when placing an order, the customer will have been identified with their ID and password. However, this is not used to make a payment.
- Complete the online order form providing all relevant product or service references;
- Confirm their order after checking it;
- Make a payment using one of the options provided.
Confirming the order implies that the purchaser accepts these conditions of sale, acknowledges having perfect knowledge of them, and waives their own conditions of purchase or other conditions.
All data provided and the confirmation serve as proof of the transaction.
Confirmation equates to signing and accepting the transactions made.
Woodbrass.com will send the order confirmation by email.
Woodbrass.com shall not be blamed or held responsible for the consequences of events beyond its control, including force majeure, which may delay or prevent placing the order online.
Some orders may require additional requests to the client. In this case, the customer shall be notified by email or by phone of the supporting documents they need to send to obtain the final order confirmation.
Woodbrass.com reserves the right to cancel the order in the event it does not receive the supporting documents or that it receives documents deemed non-compliant.
The customer’s order can be cancelled by Woodbrass.com for any reason whatsoever, including in the case of irregularities in the information required for delivery. The customer will be informed of this by Woodbrass.com.
Article 7 - Terms of payment:
Payment for the product ordered from the Woodbrass.com website can be made as the customer prefers:
- By credit card: CB, VISA, MASTERCARD and AMERICAN EXPRESS.
Payments by credit card are processed via the BANQUE POPULAIRE security system using SSL (Secure Socket Layer) protocol so that all information sent is encrypted by software and no third party can access it as it is transmitted.
- By bank transfer:
You will receive a purchase number via email. Please indicate this number as purpose of your wire transfer
PAYMENT IN POUND STERLING:
41 Tower Hill - London EC32 4SG
International Wire Transfer :
Account Currency : Pounds Sterling
Account Number : 19009183
International Identification (IBAN) :
UK Sorting Code : 23-63-91
Account Holding Bank BIC : SOGEGB2LLON
PAYMENT IN EURO:
59, Rue Lafayette
International Wire Transfer :
Account Currency : Euro
International Identification (IBAN) :
FR76 3000 3032 1100 0200 7177 828
Bank International Identification (BIC) :
In case of no payment within 15 days, we will have to cancel your order unfortunately.
The bank transfer fees are to be paid by the purchaser.
- By PayPal
PayPal is a company that offers an Internet payment service, allowing users to send their payments via the Internet with an email address, without having to disclose their credit card details for each transaction.
- By Woodbrass gift voucher
On the payment page, the purchaser enters the code(s) which appear(s) on the voucher(s).
The purchaser can pay for any remaining balance on their order by the method of their choice if the order total is more than the amount available on the gift voucher(s). The value of the gift voucher must be used all at once.
Woodbrass.com gift vouchers are valid for one year.
The customer’s order will be considered accepted after payment confirmation and validation by Woodbrass.com. The goods shall remain the property of Woodbrass.com until full payment of the invoice has been made.
Any settlement after the agreed transaction payment date may result in billing late fees without any prior notice being required. The rate of such fees shall be three times the legal interest rate. Accepting the package, in the event of late payment, shall mean that in addition to the late fees, administrative costs incurred due to the late payment of the invoice shall be charged, which can amount to up to 15% and no less than 20 euros.
Article 8 - Delivery
8.1. General terms
The customer shall undertake to send all information needed for delivery upon ordering, to ensure successful delivery. In particular, the customer must provide a phone number where they can be reached by the carrier during the day. Providing an email address means the customer can be informed ahead of the order delivery being made. The customer shall undertake, for themselves or for the order recipient, to take delivery of the goods at the address provided when ordering.
Upon delivery, the customer or recipient of the goods must prove their identity if requested.
The customer agrees, after opening and checking the contents of the package in the presence of the carrier, to sign the delivery receipt provided by the carrier.
In the event of damage, non-compliant delivery, DOA or a defective product, refer to the section on “returns management”.
Delivery does not include setting up equipment.
8.2. Shipping and delivery times
Order shipping times exclude travelling time and are in working days. When paying by bank transfer, the order will be processed upon receipt of payment. As a result, the timeframes in this case shall apply on the day when payment is received and may, therefore, differ from the times given on the day the order is placed.
If the delivery time looks like it will be extended, Woodbrass.com shall undertake to inform the customer as soon as possible and by all means possible, so that the latter can choose to proceed with or cancel the order placed in part of in full. In no case shall the delivery period lead to compensation for damages claimed by the customer or service providers.
In case of delayed shipment, an email shall be sent to the customer.
In this case, as long as the product is shipped, the customer may request a refund in the form of a credit note which will be credited to their account within 48 hours. This credit is valid for 6 months from the date of issue. Should the customer choose to be reimbursed, a bank transfer for the product total shall be sent within 15 days after the credit note is issued.
8.3. Postage and packing charges
Shipping costs are calculated before the final order confirmation is made by the customer. For all orders totalling more than 19 euros (all taxes included) to be delivered in mainland France, Monaco, Belgium, Luxembourg and the Netherlands, Woodbrass.com does not charge for shipping if Economical Delivery is used.
For all orders totalling more than 39 euros (all taxes included) to be delivered in Germany, Spain, the United Kingdom, Italy, Portugal, Austria or Denmark, Woodbrass.com does not charge for shipping if Economical Delivery is used.
8.4. Delivery options
- Economical Delivery
Delivery from Monday to Friday
The parcel is not tracked and no delivery deadlines are given. Where the recipient is not present, the parcel is pushed through the customer’s letter box if size allows. If this is not possible, a delivery note is left and the parcel returned to the post office indicated on the note.
- Express delivery
Delivery from Monday to Friday is made by our international partners. The customer shall receive the parcels within 3-5 days. Orders placed before 12 noon are processed the same day (subject to product availability).
- Delivery of large items (over 30 kg):
Deliveries are scheduled from Monday to Friday
For large products – including electric pianos, drum kits, sound reinforcement speakers – the purchaser must check the size of the point of access (door, elevator, stairwell, etc.) in advance. Deliveries are made to the doorstep of the delivery address, if accessible by the delivery vehicle.
The driver is in no way required to deliver the goods to a recipient living upstairs.
Nonetheless, upon making the appointment for delivering these large items, the company responsible for delivery may offer a delivery made by several people but with an additional charge to the customer to be paid to the company responsible for delivery. If the customer refuses this option and decides to help the carrier, the latter shall not take the article upstairs and shall leave it on the ground floor.
9 - Returns management
9.1. Undelivered parcels:
Following the receipt of the package loss confirmation from the service provider, depending on the type of goods, product availability and according to the customer’s wishes, we shall offer to reship the product originally ordered or a similar item.
Should the delivery to the customer not be possible (failure to schedule delivery, failure to collect packages after leaving a delivery note, etc.), the customer shall lose the shipping costs paid. Where the customer does not wish to send back the product they originally ordered or a similar replacement product, a credit note will be credited to their customer account within 48 hours after the parcel is received by Woodbrass.com. This credit note is valid for 1 year from its date of issue.
9.2. Transport damage:
This relates to damaged packages, broken parcels, and missing or damaged products. The client shall make a claim on the signature document, ask for the signature of the delivery agent, and keep a copy of the document. In the event that the product is damaged, the customer must refuse to accept the parcel and write a damage claim on the delivery receipt to describe the exact condition of the damages (e.g. refused as packaging is opened or damaged, be precise about the damage).
This claim must be very precise. The words “subject to unpacking” does not constitute a claim and has no legal value. It is essential to describe the exact condition of the packaging and/or product, and precisely describe the damage (e.g. sound of breakages, open parcel, damaged, torn or dented packaging, packaging caved in in the bottom right corner; product scratched and dented on the left-hand side; parcel refused as it is opened or damaged on delivery, etc.). The customer must confirm their claim with the forwarding agent via certified mail within 48 hours after delivery of the items at the latest and send a copy of the letter to:
Woodbrass.com - SAV – 1, rue du Charron 44800 SAINT-HERBLAIN - FRANCE, including the references on the delivery note.
Please note that the process of verifying the product condition is considered complete once the delivery receipt has been signed.
By signing the delivery receipt without specific reserves, and by accepting the products, the customer acknowledges receipt of the goods in entirely satisfactory condition.
Following the receipt and acceptance of the package by our services, depending on the type of goods, product availability and according to the customer’s wishes, we shall offer to reship the product originally ordered or a similar item.
Where the customer does not wish to send back the product they originally ordered or a similar replacement product, a credit note will be credited to their customer account by Woodbrass.com within the 48 hours after the parcel is received. This credit note is valid for 1 year from its date of issue. If the customer would like a refund, the product price will be reimbursed within 15 days following return of the parcel.
9.3. Delivery not complying with the order in quality or quantity:
The customer must fill out the contact form from their customer account > My account > After-sales Contacts “I have a technical problem with the product”
9.4. DOA, defective product:
The customer must send the contact form from their customer account > My account > After-sales Contacts “I have a technical problem with the product”.
Confirmation that assistance will be provided shall be sent to the customer within 48 to 72 hours for standard replacement, subject to compliance with the conditions of return.
Products must be returned in their ORIGINAL PACKAGING, in perfect condition, together with all accessories and any instructions, as well as the form provided by customer services properly completed. Items returned incomplete, damaged, used or dirty will not be able to be exchanged, and shall be subject to repair work being charged that is not covered by the warranty.
The customer shall have 30 days to return the goods. After this time, the return will be at their expense. Returns from abroad will be refunded via credit note of up to 40 euros maximum.
Any unjustified return (unproven defects, adjustments, failures due to improper use) will be charged to the customer:
repair work (at an hourly rate) as well as the return of the goods.
9.5. Cancellation and right of return
Private individual consumers are given a cancellation deadline of 30 days from the order delivery date to return the goods to the seller so that a replacement or refund can be made without penalty.
All articles are subject to replacement or refund within the legal deadline. However, in accordance with article L 121-20-2 in the French Consumer Code, software returns shall not be accepted once unsealed.
For hygiene reasons, boxes of reeds, mouthpieces and all related accessories are supplied in a sealed package. These product returns shall not be accepted once unsealed.
The date of receipt of the delivered product is definitive to assess the period of 30 days. Return costs shall be the borne by the customer. In the case of a multiple product order, the time shall begin from receipt of the last product delivered. Return costs shall be the borne by the customer.
The customer must fill out the contact form from their customer account > My account > After-sales Contacts
Products must be returned in their ORIGINAL PACKAGING, in perfect condition, together with all accessories and any instructions, as well as the specifications provided by customer services properly completed. Items returned incomplete, damaged, used or dirty will not be able to be taken back and will be returned at the customer’s expense.
Product refunds shall be made in 14 days or less after receiving proof of shipment by the customer or after the actual receipt of the package by us. Reimbursement will be made according to Woodbrass.com’s wishes via bank transfer or cheque made out to the customer and sent to their address.
10 - Warranty
10.1. Contractual warranty
In addition to its legal warranties, Woodbrass.com provides all its customers with a contractual 3-year warranty on products that come with a 3-year warranty.
This warranty offered by Woodbrass does not cover:
- replacement of consumables (batteries, light bulbs, fuses, recording and read heads, strings, pre-amp lamps, power tubes, etc.); - accessories, speakers, tweeters, faders and crossfaders, cases and covers, except in special cases;
- incorrect or inappropriate use of products. Please read the user manual supplied with your product carefully;
- damage following repairs by a person non-certified by Woodbrass;
- damage due to external causes (e.g. accidents, shocks, lightning, power spikes, temperature and hydrometric discrepancies, etc.).
Most brands manage their own after-sales directly with the consumer. Therefore, our own after-sales service will redirect the customer to a recognised service centre so that their product can be repaired. All the necessary information will be given to the customer so that they are able to contact the service centre directly.
Other brands require that the product be first sent back to the seller before it is sent on to the service centre. The customer has 30 days to send back the merchandise.
After this time, delivery costs will be borne by the customer. Returns from abroad will be refunded via credit note of up to 40 euros maximum.
Woodbrass.com’s guarantee is implemented when the damaged product is repaired.
In the event that the product cannot be repaired, Woodbrass.com shall replace it with a product with similar features or provide a refund in the form of a credit note valid for 1 year. The refund of the defective product requested by the customer shall terminate the warranty contract.
For wind instrument purchases, Woodbrass.com offers a service during the three years after purchase. Although the delivery charges are borne by the customer, Woodbrass.com will service the instrument free of charge and send it back at its own cost to the address given by the client.
10.2. Warranty extensions by Woodbrass
Aside from the legal warranties and the 3-year contractual warranties, Woodbrass offers an extended 5-year warranty for certain products, which prolongs the contractual warranty for 2 years: i.e. giving a 5-year warranty in total.
If a product breaks, the extended warranty offered by Woodbrass covers labour, the defective elements and the costs for sending and receiving back the product in the post. If the product cannot be repaired, Woodbrass will exchange it for a similar item or refund the customer with a credit note valid for 1 year. When a customer requests a refund for a broken product, they are terminating the warranty extension.
Warranty extensions do not cover the following:
- replacement of consumables (e.g. batteries, light bulbs, fuses, recording and read heads, strings, pre-amp lamps, power tubes, etc.); - accessories in general
- incorrect or inappropriate use of products. Please read the user manual supplied with your product carefully;
- damage following repairs by a person non-certified by Woodbrass;
- damage due to external causes (e.g. accidents, shocks, lightning, power spikes, etc.)
Most brands manage their own after-sales directly with the consumer.
Therefore, our own after-sales service will redirect the customer to a recognised service centre so that their product can be repaired.
All the necessary information will be given to the customer so that they are able to contact the service centre directly.
Other brands require that the product be first sent back to the seller before it is sent on to the service centre.
Our after-sales service will generate a return agreement number. The customer has 30 days to send back the merchandise.
11 - Liability
The seller as an online vendor is only bound by a best effort obligation; it cannot be held liable for damages resulting from the use of the internet such as data loss, hacking, viruses, service breaks, or any other unintended problems. Woodbrass.com shall not be held responsible for failures to the concluded contract due to force majeure and, in particular, in the event of all-out or partial strike carried out by postal services or carriers, or disasters caused by floods or fires. With regard to products bought for professional purposes, Woodbrass.com shall not incur any liability for resulting damage, trading loss, loss of profit, damage or expenses which could occur.
The choice and purchase of a product or service are the sole responsibility of the customer. A total or partial inability to use the products, particularly due to incompatibility, shall not give rise to any compensation or refund, nor call into question the liability of Woodbrass.com, except in the case of a proven defect, non-compliance, or when exercising the right to cancellation.
12 - Intellectual property
All content published on the Woodbrass.com website are under full ownership of Woodbrass.com SAS.
Nobody shall be allowed to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, website elements, whether software, visual or audio elements.
Any simple or hypertext link is strictly forbidden without express written agreement from Woodbrass.com.
13 - Respect for the privacy of personal data
According to the French law dated 6 January 1978 concerning data processing, databases and freedoms, nominative personal details concerning the purchaser may be subject to automated processing.
The information provided by the customer shall be used exclusively by Woodbrass.com. Woodbrass.com shall commit not to transmit the personal information provided by users on its website to third parties.
These are confidential.
Under the French law of 6 January 1978, users are entitled to access and rectify any information referring to them.
14 - Proof of archival storage
Woodbrass.com stores order forms and invoices on a secure and permanent system that contains an accurate copy of the original in accordance with the requirements set out in article 1348 of the French Civil Code.
The information recorded by Woodbrass.com shall be deemed proof of communication, ordering, payment and transactions between the parties.
15 - Conditions to qualify for payment exclusive of taxes
If your company is registered in an EU country other than France, and if you provide a valid VAT registration number issued by the EU country where your company is based, Woodbrass.com will not charge VAT on your order total. This valid EU VAT registration number is issued by the relevant tax authorities and you must read and accept the conditions set out below:
- you declare and guarantee that the EU VAT registration number you provide to Woodbrass.com corresponds to your business and that this company is registered in an EU country;
- you declare and guarantee that all of the transactions on your account will be made by your company with the EU VAT number you provided to Woodbrass.com;
- you declare and guarantee that the EU VAT number and all other information you provide to us are up-to-date, accurate and precise and that you will inform us immediately of any change or update to this information;
- Woodbrass.com reserves the right to request additional information and request confirmation of the validity of the information on your account (including your EU VAT number) from you or any competent authority as allowed by law. You expressly authorise Woodbrass.com to gather and obtain such information from the relevant authorities. In addition, you agree to provide Woodbrass.com with any information on your account at the first request of Woodbrass.com;
- Woodbrass.com will proceed to cancel the order should the VAT number provided not be valid or should the supporting documents for exemption not be provided.
16 - Opening a Woodbrass PRO account
When the customer first opens a Woodbrass PRO account on Woodbrass.com, they commit to sharing the following information which is required before any orders are made:
- intracommunity VAT number
- company registration certificate less than 6 months old sent via fax, post or email
- company bank details
- copy of articles of association
- association bank details
In addition, with each order the customer commits to providing:
- a professional email address
- a landline telephone number (work or home, or mobile number if necessary, where they can be reached during normal business hours. Woodbrass.com reserves the right to ask for extra information and to ask for information concerning their account to be proved as valid by them or any relevant authorities authorised by the law. The customer expressly authorises Woodbrass.com to collect and obtain this information from the relevant authorities. In addition, they agree to provide Woodbrass.com with any information about their account at the first request by Woodbrass.com.
Woodbrass.com will cancel an order if the information provided turns out not to be valid or if supporting documents are not provided.
Lastly, precise contact details for the person with whom Woodbrass.com should communicate regarding the account should also be provided.
17 - Dispute settlement
The conditions of online sale herein are subject to French law.