GENERAL TERMS AND CONDITIONS OF SALE

 

INTRODUCTION

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply to all online sales of products manufactured and sold to private individual customers by SUBSONIC (hereinafter the “Products”) via the www.subsonic.com website.

 

1 – DEFINITIONS

-          SUBSONIC

Means Subsonic, a French simplified joint stock company with a sole shareholder (Société par Actions simplifiée à associé unique) with capital of €37,000, whose registered office is at 5 Allée des Séquoias, 69760 Limonest, France, registered in the Lyon Trade and Companies Register under number B 509 666 178.

Individual VAT identification number:

Contact:

contact@subsonic.com 

Subsonic, 5 Allée des Séquoias, 69760 Limonest, France. 

SUBSONIC specialises in the design, development and sale of accessories for multimedia devices (video game consoles, audio, DJ, telephones, smartphones, etc.).

-          The Customer

Means any consumer who purchases Products via the Website solely for personal use. The Customer warrants that he/she has full legal capacity or holds parental authorisation if under 18 years of age.

-          The Products

Means the products manufactured and sold by SUBSONIC via the Website.

-          The Website

Means the commercial website published by SUBSONIC and accessible via the address www.subsonic.com on which the Products are offered for sale to the Customer.

-          Delivery Region

Means the following countries:

Andorra, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, Germany, Greece, Hong Kong, India, Indonesia, Italy, Japan, Liechtenstein, Luxembourg, Malaysia, Mexico, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Ireland, Russia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, UK and USA.

2 – SCOPE OF APPLICATION

2.1.  These General Terms and Conditions of Sale apply solely to Customers who acquire Products sold via the Website for their personal use as consumers.

 

2.2.  It is therefore expressly provided that these General Terms and Conditions of Sale do not apply to business customers. In the event of a breach of this requirement, SUBSONIC reserves the right to cancel the order in progress or to refuse any new orders, without prejudice to its other rights.

 

2.3.  The General Terms and Conditions of Sale apply solely to Products delivered within the Delivery Region.

 

2.4.  These General Terms and Conditions of Sale may be consulted at any time on the Website. They constitute the sole contractual document between the Parties, to the exclusion of all other documents, brochures, catalogues, advertisements, manuals or photographs of the Products, which are purely informative.

 

2.5.  SUBSONIC reserves the right to amend these General Terms and Conditions of Sale at any time. In the event of amendment, the applicable General Terms and Conditions of Sale shall be those in force at the time when the Customer confirms the order, once the Customer has accepted them in the manner set out in clause 3.2.

 

2.6. When placing the order, the Customer acknowledges that he/she has read and unconditionally accepts these General Terms and Conditions of Sale.

 

3 – ORDERS

 

3.1. Procedure

 

3.1.1. To place an order, the Customer must select the Products he/she wishes to order, the quantity thereof and the required delivery method.

 

3.1.2. When selecting Products on the Website, the Customer may at any time:

 

-          Add Products to his/her selection by clicking on “Add to shopping basket”;

-          See which Products he/she has selected by clicking on “View shopping basket”;

-          Alter his/her selection by adding or removing Products or changing the quantity of the Products selected;

-          Complete the order by following the identification, delivery address and payment procedures.

 

3.1.3. The Customer may at any time view a summary of the order, either by clicking on “View shopping basket” or by completing the order. The order summary allows the Customer to review the details of the order, including the total price, delivery method and provisional delivery date, and correct any errors.

 

3.1.4. As part of the order process, the Customer must fill in a form providing his/her full name, telephone number, email address and invoicing and delivery addresses.

 

3.2.  Order confirmation / Acceptance of General Terms and Conditions of Sale

 

3.2.1. Confirmation of an order implies that the Customer has read and accepted these General Terms and Conditions of Sale in their entirety, without the Customer’s handwritten signature being required for such acceptance.

 

3.2.2. Therefore, to confirm the order the Customer must accept these General Terms and Conditions of Sale by checking the relevant box.

 

3.2.3. The Customer must then click again to provide final confirmation of the order and proceed to the online payment, after checking the total price of the order. All orders imply express and irrevocable acceptance of the prices and descriptions of the Products available for sale. Orders may only be subsequently modified or cancelled in accordance with the provisions of these General Terms and Conditions of Sale

 

3.3. Order confirmation by SUBSONIC

 

3.3.1. SUBSONIC shall acknowledge receipt of the order by sending email confirmation to the Customer. The sales agreement is entered into only after this stage.

 

3.3.2. SUBSONIC reserves the right to refuse any order from a Customer for valid reasons, in particular if the ordered quantities of a single Product are abnormally high for a purchaser having the status of consumer.

 

4 – PRODUCTS

 

4.1. The Products offered for sale by SUBSONIC are those indicated on the Website at the time the order is placed, subject to available stock.

 

4.2. SUBSONIC shall not be held liable if the Products ordered are out of stock or unavailable.

 

4.3. If a Product is unavailable, SUBSONIC shall notify the Customer by email as soon as possible. The Customer may then either (i) order another Product of equivalent quality and price, or (ii) cancel the order. In the event of the latter, SUBSONIC shall refund the Customer any amount already debited from their account within a maximum of thirty (30) days after receiving notification of cancellation by email.

 

4.4. The Products for sale are described and presented as accurately as possible. However, the photographs of Products for sale are provided solely as a guideline. The colour of the Products may differ, for example due to the technical limitations of colour rendering. These photographs are non-contractual and are in no way binding on SUBSONIC.

 

4.5. Customers wishing to obtain further information in addition to the information presented on the Website may request such information directly from SUBSONIC by writing to the following address: Subsonic, Service consommateur, 5 Allée des Séquoias, 69760 Limonest, France. Otherwise, the Customer shall be deemed satisfied with the information contained on the Website for the purposes of placing his/her order and may not make any claims based on the imprecise nature of the information provided on the Website.

 

5 – PRICE AND PAYMENT TERMS

 

5.1. Sale price

 

5.1.1. The Product prices shown on the Website are expressed in EUR or USD and include all taxes, including VAT as applicable on the date of the order. Any change in the applicable rates may be reflected in the Product price. Prices exclude delivery costs. The Customer is informed of the delivery costs when placing the order and via the order summary. In the case of deliveries outside the European Union, the Customer is liable to pay any applicable customs duties.

 

5.1.2. SUBSONIC reserves the right to alter the prices of its Products at any time. However, changes in price shall not apply to orders that have already been registered.

 

5.2.  Payment terms

 

5.2.1. Payment shall be made in full by credit/debit card upon confirmation of the order by the Customer. The payment details are entered online via the Website. The Website uses a secure online payment system that guarantees secure transmission of the Customer’s bank details.

 

5.2.2. Cards issued by non-French banks must be international credit/debit cards. In the case of payment by card, the Customer’s account is debited on the day of the order. The following payment cards are accepted: Carte Bleue, Visa and MasterCard, American Express.

5.2.3. If for any reason the amounts payable by the Customer cannot be debited from his/her account, the order will be cancelled. The Products ordered by the Customer will remain the property of SUBSONIC until full payment has been received.

6 – DELIVERY

 

6.1. Delivery terms

 

6.1.1. SUBSONIC will deliver its Products to the delivery address indicated by the Customer, which must be located in one of the countries within the Delivery Region. It is not possible to place an order for any delivery address located outside this region.

 

6.1.2. The Customer should consult the “Delivery” section, which explains the delivery methods and costs applicable to the different shipment options and delivery regions. In any event, the Customer can view the delivery costs before confirming the order and also in the order summary.

 

6.1.3. Provided that payment has been made in full, the order will be delivered on the date indicated in the order confirmation email.

 

6.1.4. The Customer will be notified of the dispatch of the order by an email sent to the email address indicated for this purpose by the Customer.

 

6.2.  Late delivery

 

6.2.1. The Customer must promptly report any non-delivery or late delivery of more than seven (7) working days with reference to the provisional delivery date given by SUBSONIC to SUBSONIC’s Customer Service Department at: contact@subsonic.com, citing the order reference number.

 

6.2.2. The Customer must specify the order number, the details of the Products ordered and the date of the order confirmation email sent by SUBSONIC following payment.

 

6.2.3. If the order is not delivered within a further seven (7) days, the Customer may cancel the purchase by registered letter with acknowledgement of receipt subject to the terms and conditions provided for by Article L.121-20-3 of the French Consumer Code. The Customer may exercise this right within sixty (60) working days following the scheduled delivery date. Should the Customer exercise this right, all amounts paid, including the shipping costs paid in respect of the relevant Products at the time of ordering, will be refunded within a maximum of thirty (30) days following the day on which this right is exercised.

 

6.3.  Defects

 

6.3.1. At the time of delivery, the Customer should check the condition of the package and check that the Products are in good condition and correspond to the order. Any defects identified must be indicated on the delivery note.

 

6.3.2. If the Customer identifies a defect, he/she must send SUBSONIC a registered letter with acknowledgement of receipt within three (3) working days giving a precise description of the defect(s) identified and citing the order number, date and amount. Any claims made after this date will not be accepted and SUBSONIC may not be held liable in this respect.

 

6.3.3. SUBSONIC reserves the right to ask the Customer to return the Product that is alleged to be defective. If the foregoing requirements are fulfilled and the Product is found to be defective, SUBSONIC will exchange it or award the Customer a credit note or refund in respect of the relevant Product(s).

 

 

 

7 – COOLING-OFF PERIOD

 

7.1. Standard Products

 

7.1.1. In the case of standard Products that have not been customised in any way, the Customer has a period of fourteen (14) working days from the date of receipt of the package during which to exercise his/her right of withdrawal. If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.

7.1.2. The Products must then be returned in their original packaging, in perfect condition, unsoiled and undamaged, together with the withdrawal form, to the following address: Subsonic, 5 Allée des Séquoias, 69760 Limonest, France. The Customer is responsible for arranging proof of the return and, accordingly, for returning the Product(s) by registered mail with acknowledgement of receipt.

7.1.3. SUBSONIC shall then offer the Customer an exchange, credit note or refund. If the Customer opts for a refund, SUBSONIC shall credit the bank account used by the Customer to place the order with all the amounts that have been paid by the Customer, including the initial delivery costs, within fourteen (14) days following the date of receipt of the package. The Customer however must pay the return costs.

 

7.2. Customised Products

 

7.2.1. SUBSONIC also sells customised Products adapted to customer specifications.

7.2.2. In accordance with Article L.121-20-2 of the French Consumer Code, the right of withdrawal does not apply to such Products and they may not be returned, exchanged or refunded except in accordance with the terms of clause 8 of these General Terms and Conditions of Sale.

7.2.3. Customers are therefore advised to exercise the utmost care and attention when entering the Product specifications and when placing and confirming the order.

8 – GUARANTEES

 

8.1. All Products sold by SUBSONIC are covered by the statutory guarantee of compliance under Articles L.211-4 et seq. of the French Consumer Code and by the statutory latent defect guarantee under Articles 1641-1649 of the French Civil Code.

 

8.2. Pursuant to these guarantees, SUBSONIC undertakes, at the Customer’s discretion, to refund, issue a credit note for or exchange Products that are defective or that do not correspond to the order, under the conditions provided for herein.

 

8.3. When making a claim under these guarantees, the Customer should contact the SUBSONIC After-Sales Service at: contact@subsonic.com . SUBSONIC will then issue the Customer with a return number.

 

8.4. The Customer must return the entire Product (leaflet, accessories, etc.) in its original packaging in perfect condition, unsoiled and undamaged, together with a copy of the invoice, citing the return number and giving a detailed description of the alleged fault or defect. The Customer is responsible for paying the return costs and must send the package by registered mail with tracking option. Returned items will not be accepted if the Customer has not contacted us beforehand. If the Product is found to be covered by one of the aforementioned guarantees, SUBSONIC will then be able to exchange the relevant Product or award a credit note or refund.

 

8.5. ARTICLES L.211-4, L.211-5 and L.211-12 OF THE FRENCH CONSUMER CODE

 

Article L.211-4:

The seller is required to deliver a product that complies with the agreement and is liable for non-conformities existing at the time of delivery.

The seller is also liable for non-conformities resulting from the packaging, from the instructions for assembly or, if the seller is responsible for installation pursuant to the agreement or if installation has been carried out under the seller’s responsibility, from the installation.

Article L.211-5:

To comply with the agreement, the product must:

1) Be suitable for the use normally expected of a similar product and, where applicable:

- correspond to the description provided by the seller and have the characteristics that the seller has presented to the buyer in the form of a sample or model;

- have the characteristics that a buyer may reasonably expect in view of the public statements made by the seller, manufacturer or their representative, in particular in the form of advertisements or labelling;

2) Or have the characteristics that have been defined by mutual agreement between the parties or be suitable for any specific use required by the buyer, brought to the seller’s attention and accepted by the seller.

 

Article L.211-12:

Claims arising from non-conformity shall be barred under the statute of limitations two years following delivery of the product.

 

8.6. ARTICLES 1641 AND 1648 (1) OF THE FRENCH CIVIL CODE

 

Article 1641:

The seller is bound by the guarantee in respect of latent defects in the sold item which render said item unsuitable for the use for which it is intended or which restrict this use to such an extent that the buyer would not have bought the item or would have paid a lower price if he/she had been aware of said defects.

Article 1648 paragraph 1:

Claims arising from latent defects must be submitted by the buyer within two years following discovery of the defect.

 

9 – LIABILITY

 

9.1. With regard to all stages of the process of accessing the Website and placing an order, SUBSONIC is bound solely by a best-efforts obligation.

 

9.2. SUBSONIC shall not be held liable for any loss or damage that is inherent to the use of the internet, in particular for interruptions to the service, external intrusions or the existence of viruses, or for any event or circumstance classified as a force majeure event in accordance with statutory provisions and common law. Moreover, it shall not be held liable in the event that the Products are stored or used under conditions that are abnormal or incompatible with their nature and/or specifications.

 

9.3 In any event, SUBSONIC’s liability applies solely to any direct loss or damage incurred by the Customer, to the exclusion of indirect loss or damage, and shall be limited to the amount of the disputed order.

 

10 – DATA PRIVACY

 

10.1. Personal data collected via the Website is collected by SUBSONIC, as the entity responsible for processing, and will be used for the purposes of processing and managing orders, compiling statistics and conducting prospection campaigns.

 

10.2. Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978, the Customer may at any time oppose the processing of his/her personal data, access such data and have it corrected by sending an email to SUBSONIC at contact@subsonic.com.

10.3. The Customer may at any time oppose the communication of his/her personal data to third parties or the use of such data by the entity responsible for processing for commercial purposes by following the procedure set out in the previous paragraph.

10.4. SUBSONIC is committed to maintaining the quality and integrity of Customers’ personal data collected via the Website. The technology used and security policies applied ensure the protection of Customers’ personal data against any unauthorised access or misuse. Persons having access to the data are required to respect the Customer’s privacy and to keep the Customer’s personal data confidential.

 

11 – INTELLECTUAL PROPERTY RIGHTS

 

11.1. The Customer undertakes to respect all of SUBSONIC’s intellectual property rights, of which he/she declares that he/she is fully aware, in particular as regards trademarks, designs and models and, more broadly, all other intellectual property rights held by SUBSONIC and its affiliates.

 

11.2. The Customer has no intellectual property right in the Products. Under no circumstances and on no account may the Customer alter the intellectual property rights or trademarks pertaining to Products or seek or obtain any legal protection for any element of any nature in relation to the Products.

 

11.3. Moreover, the Website shall be treated as an indivisible whole. Accordingly, the entire content thereof (information, data, text, photographs, images, designs, graphics, distinctive signs, logos, trademarks, etc.) are the exclusive property of SUBSONIC or its partners.

 

11.4. All of the aforementioned items are subject to the provisions of the French Intellectual Property Code and, accordingly, are protected against any use prohibited by law or by these General Terms and Conditions of Sale. Consequently, all reproduction, representation or circulation, in whole or in part, of the content of the Website or of the Products, on any medium or via any process whatsoever, is prohibited. Breach of this prohibition shall constitute an infringement for which the party responsible could be held liable under civil and criminal law.

 

11.5. In particular, the use or reproduction of the “SUBSONIC” trademark, alone or in combination with other elements, for any purpose whatsoever, in particular for advertising purposes, without SUBSONIC’s prior written consent is strictly prohibited. The use of the Website or Products for public or commercial purposes without SUBSONIC’s prior written authorisation is prohibited.

 

11.6. All hyperlinks to the Website must be expressly approved beforehand by SUBSONIC, which shall reserve the right to have such links removed at any time.

 

12 – FORCE MAJEURE

 

The performance by SUBSONIC of all or part of its obligations shall be suspended in the event of unforeseeable circumstances or a force majeure event that hinders or delays the performance of those obligations.
Unforeseeable circumstances and force majeure events shall be identified in accordance with the cases recognised by French case law. SUBSONIC shall promptly notify its Customers of the occurrence of unforeseeable circumstances or a force majeure event.

 

13 – PROOF AND ARCHIVING

 

For all orders above €120 incl. VAT, SUBSONIC undertakes to archive the documents relating to the transaction for the duration of the statutory time period and to ensure access thereto at any time subject to written request.

 

The parties agree that digital evidence and all elements related to the online order completion process, in particular the online provision of the payment card number and the final confirmation of the order, and any reproductions thereof on any medium, shall constitute proof that the Customer has placed the order.

 

In the absence of proof to the contrary, the payment certificate and all elements related to the online order placement process shall constitute proof of,

- the placement of the order;

- the identity of the Customer and the Customer’s acceptance of the terms and conditions of the said order contract;

- the information stated therein;

- the date thereof.

 

The provisions of this clause constitute a proof agreement within the meaning of Article 1316-2 of the French Civil Code. Digital evidence and electronic mails are admissible and valid as evidence before the courts with jurisdiction. In any event, the parties expressly waive the right to claim the invalidity or unenforceability of these elements vis-à-vis each other on grounds that such elements were established by digital means.

 

14 – SEVERABILITY

 

In the event that any of the clauses of these General Terms and Conditions of Sale should be declared null and void due to a change in legislation or regulations or pursuant to a court judgment, this shall on no account affect the validity of and obligation to abide by the remaining provisions of these General Terms and Conditions of Sale.

 

15 – JURISDICTION AND GOVERNING LAW

 

15.1. These General Terms and Conditions of Sale are governed by French law.

 

15.2. ALL DISPUTES ARISING FROM THESE GENERAL TERMS AND CONDITIONS OF SALE WITH REGARD TO THE VALIDITY, CONSTRUAL, PERFORMANCE OR CONSEQUENCES THEREOF SHALL BE REFERRED TO THE EXCLUSIVE JURISIDICTION OF THE FRENCH COURTS.

SUBSONIC - Le Sirocco – 5 allée des Séquoias – 69760 LIMONEST – France http://www.subsonic.com