GENERAL SALES TERMS

Effective as of 01/11/2022

ARTICLE 1 - Scope of application

These General Sales Terms (known as "GSTs") apply, without restriction and unreservedly, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer") who want to purchase the products offered for sale ("The Products") by the Seller on the website https://www.perpetaudio.com. The Products offered for sale on the website are the following:

Dj equipments
Made in France

The main characteristics of the Products and in particular the specifications, the illustrations and indications regarding dimensions or capacity of the Products, are presented on the website https://www.perpetaudio.com, which the customer is required to read before proceeding to an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid within the limits of available stocks, as specified at the moment that order is being placed.

These GSTs can be accessed at any time on the website https://www.perpetaudio.com and shall prevail over any other document.

The Customer declares they have read these GSTs and have accepted them by ticking the box provided to this end before the online ordering procedure of the website https://www.perpetaudio.com is implemented.

Unless proven otherwise, the data recorded in the Seller's digital system stands as proof of all the transactions concluded with the Customer.

The Seller's contact details are as follows:

Perpet Audio, SARL

Share capital of 10,000 euros

Registered at GRENOBLE's RCS Trade and Company Register, under number 881-385-868

6 place Saint-Bruno

Email: contact@perpetaudio.com

Phone: +33-667-311-460

Intra-community VAT number FR848-813-858-68

The Products displayed on the website https://www.perpetaudio.com are available for sale for the following territories:

Worldwide.

In the event of an order to another country than metropolitan France, the Customer is the importer of the Product(s) in question.

For all Products shipped outside the European Union and French overseas territories, the price shall be calculated without taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be charged to and are the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the applicable prices that appear on the website https://www.perpetaudio.com, at the moment the order is being registered by the Seller.

Prices are displayed in Euros, with and without taxes included.

The prices take into account any discount that might be granted by the Seller on the website https://www.perpetaudio.com.

These prices are firm and non-revisable during their validity period but the Seller reserves the right, outside the validity period, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are additionally invoiced, under the conditions indicated on the website and calculated prior to the order's placement.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is up to the Customer to select on the website https://www.perpetaudio.com the Products they want to order, in accordance with the following terms:

The customer chooses products on Perpet Audio®'s online store, adds them to their shopping cart, enters a discount code if they have one, fills in the delivery information (which may or may not generate shipping costs) as well as their e-mail address and phone number, proceeds to payment by credit card/PayPal/4x PayPal, receives confirmation of the payment and that the order was duly taken into account, receives an invoice from Perpet Audio ® upon receipt of their payment, has their order shipped as soon as payment is received or with some delay in case the product is announced as under production.

Product offers are valid as long as they are visible on the website, within the limits of available stocks.

The sale shall only be considered valid after full payment of the price. It is the Customer's responsibility to ascertain the accuracy of the order and to immediately report any errors.

Any order placed on the website https://www.perpetaudio.com constitutes the creation of a remotely-agreed contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Customer shall be able to follow the progress of their order on the website.

ARTICLE 4 - Payment terms

The price is paid by way of secure payment, in accordance with the following terms:

debit card payment

or payment by wire transfer to the Seller's bank account (the details of which are communicated to the Customer at the moment of placing the order)

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the website https://www.perpetaudio.com.

Payments made by the Customer shall only be considered final after the Seller effectively cashes the due sums.

The Seller shall not be bound to proceed to the delivery of the Products ordered by the Customer should the latter not pay the full price under the above-detailed conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Customer shall be delivered in mainland France or in the following area(s):

Worldwide.

Deliveries are made within a period ranging from 2 to 10 days depending on delivery territories, and within several weeks if the product is under production, at the address stated by the Customer at the moment of placing their order on the website.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. With the exception of special cases or in case one or more Products are unavailable, the ordered Products shall be delivered in one occasion.

The Seller commits itself to provide its best efforts to deliver the Products ordered by the Customer within the above-mentioned periods of time.

Should the ordered Products fail to be delivered within 6 months after the indicative delivery date, for any other reason than force majeure or the Customer's actions, the sale may be terminated at the Customer's written request under the conditions stated in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer shall then be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the moment the order is placed and which the carrier can easily access.

When the Customer has themselves taken care of resorting to a carrier that they choose themselves, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them unreservedly. The Customer therefore acknowledges that it is the carrier's responsibility to perform the delivery and has no warranty claim against the Seller in the event the hauled goods fail to be delivered.

In the event of a specific request from the Customer regarding the conditions of packaging or haulage of the ordered Products, which conditions were duly accepted in written form by the Seller, the related costs shall be the subject of specific additional invoicing, on an estimate which the Customer shall accept beforehand and in written form.

The Customer is required to check the condition of the delivered Products. They have a maximum period of 30 days from the date of delivery to express complaints by e-mail to contact@perpetaudio.com, together with all the supporting documents relating thereto (including photographs). Once this period expires, and should the Customer fail to comply with these formalities, the Products shall be considered as in compliance and free from any apparent defect and no complaint shall be validly accepted by the Seller.

The Seller shall fund back or replace as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions stated in articles L 217-4 et seq. of the Consumer Code and those stated in these GSTs.

The transfer of the risks of loss and deterioration relating thereto shall be carried out only when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier themselves. In this respect, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

Given the nature of the Products sold, the orders placed by the Customer do not benefit from a right of withdrawal.

The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the conditions specified in these GSTs.

ARTICLE 8 - Seller's liability - Warranties

The Products provided by the Seller benefit from:

the legal warranty of conformity, for defective, wasted or damaged Products or for Products that do not correspond to the order,

the legal warranty against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,

Provisions relative to legal warranties

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility."

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

1° If it is suitable for the use usually expected of a similar item and, where applicable:

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

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

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted."

Article L217-12 of the Consumer Code

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

Article 1641 of the Civil Code

"The seller is bound to guarantee on account of the hidden defects of the sold thing which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price for them, had he known them."

Article 1648, paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be taken by the purchaser within two years from the discovery of the defect."

Article L217-16 of the Consumer Code

"When the buyer requests from the seller, during the course of the commercial warranty which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the duration of the warranty which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, in case this provision is subsequent to the request for intervention."

In order to assert his rights, the Customer must inform the Seller, in written form (electronic or postal mail), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller shall reimburse, replace or have repaired the Products or parts under warranty which are deemed non-compliant or defective.

Shipping costs shall be reimbursed on the basis of the invoiced rate and return costs shall be reimbursed on presentation of receipts.

Refunds, replacements or repairs of the Products deemed non-compliant or defective shall be made as soon as possible and at the latest within 2 years following the Seller's finding of the lack of conformity or the hidden defect. This refund can be made by wire transfer or by cheque.

The responsibility of the Seller cannot be engaged in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which the Customer is bound to ascertain,
in case of misuse, use for professional purposes, negligence or maintenance failure from the Customer's part, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the website are not contractual and may not engage the Seller's responsibility.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

Provisions relative to the contractual warranty

The Products purchased on the website https://www.perpetaudio.com may benefit, in addition to the legal warranties of conformity and hidden defects, from a contractual warranty as indicated, where applicable, in the description of a given Product, according to the following terms, conditions and prices:

Free repair (parts and labour included) with transport costs at the buyer's expense.

This contractual warranty covers the following situations:

The 2-year parts-and-labour warranty applies only in the event that the failure is due to a problem related to the parts.

This warranty is excluded in the following situations:

The warranty does not apply when the failure results from misuse of the product caused by use.

It is applicable under the following conditions:

The conditions of application of the contractual warranty apply according to the aforementioned terms.

ARTICLE 9 - Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. Such personal data is collected only for the execution of the sale contract.

9.1 Collection of personal data

The personal data collected on the website https://www.perpetaudio.com is the following:

Order of Products:

At the moment the Customer orders Products:

First name, last name, postal address, e-mail address, telephone number.

Payment

As part of the payment of the Products offered on the website https://www.perpetaudio.com, the latter saves financial data relative to the Customer's / user's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the implementation of the contract and to ensure the effectiveness of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

Transport providers
Payment service providers

9.3 Data controller

The data controller is the Seller, as implied in the Data Protection Act and, from 25 May 2018 in the 2016/679 General Data Protection Regulation.

9.4 Processing limitation

Unless the Customer declares their express agreement, their personal data shall not be used for advertising or marketing purposes.

9.5 Duration of data retention

The Seller shall keep the data so collected for a period of 5 years, covering the time of the prescription of applicable contractual civil liability.

9.6 Security and Privacy

The Seller implements organisational, technical, software and physical measures regarding digital security in order to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not an entirely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the website https://www.perpetaudio.com have the following rights:

They may update or delete the data about them in the following way:

By logging into their account if they have created one, they may delete their personal data.

They may exercise their right of access to know the personal data that concerns them by writing to the address stated in article 9.3 "Data controller";
If the personal data retained by the Seller is inaccurate, they may request that the information be updated by writing to the address stated in article 9.3 "Data controller";
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address stated in article 9.3 "Data controller";
They may also request that the data retained by the Seller be transferred to another service provider;
Finally, they may oppose the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of processing, may be exercised by sending a request by postal or electronic mail to the Data Controller whose contact details are stated hereinabove.

The Data Controller must provide a response within a maximum period of one month.

In the event of refusal to grant the Customer's request, such refusal must be justified.

The Customer is informed that in the event of refusal, they may lodge a complaint to the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be asked to tick a box indicating they agree to receive informative and advertising e-mails from the Seller. They shall always be able to withdraw their consent at any time by contacting the Seller (contact details hereinabove) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the website https://www.perpetaudio.com is the property of the Seller and its partners and is protected by French and international laws relative to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute the offense of counterfeiting.

ARTICLE 11 - Applicable law - Language

These GSTs and the resulting operations are governed by and subjected to French law.

These GSTs are originally written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service at the Seller's postal or e-mail address mentioned in ARTICLE 1 of these GSTs.

The Customer is informed that they may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.

In this case, the appointed mediator is

_______________

E-mail: _______________.

The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All the disputes regarding the purchase and sale transactions concluded in application of these GSTs and which have not been the subject of an amicable settlement between the Seller or through mediation, shall be submitted to the competent courts under the conditions of civil law.