General Terms of Sale
The present terms of sale (TOS) apply to all orders made through the online sales service proposing ‘merchandising ‘ products proposed by the company through on-line stores created by the artists and accessible via their personal web pages or sites; herewith referred to as ‘service’.
1 : DEFINITIONS
CUSTOMER : all legal and natural person over the age of 18, subscribing to the service and purchasing one or more products on-line.
ORDER : one, or all, purchases made by a customer via the service.
CUSTOMER ACCOUNT : account created by the customer via the service and enabling said person to access personal information, to track orders and to consult payment history.
COMPANY : DIXIEFROG, 144 rue de Javel, 75015 Paris, LLC with a capital of €37800, registration number with the trades and companies register 337 672 414, VAT N° FR82337672414.
PRODUCTS : Physical ‘merchandising ‘ products (such as clothes, goodies etc.) representing personalised content connected with a group, an artist, a label, along with all physical recordings such as CD, vinyl, cassette or DVD, and/or all other forms of product the company might commercialise via the service.
CUSTOMER SERVICE : A service provided by the company for the customer, Monday through Friday, from 10H00 to 12H00 and 14H00 to 18H00, and enabling the processing, via the rubric ‘Order Detail’ of the customer account, or by post at the following address 144 rue de Javel, 75015 Paris, of all customer complaints.
2 : IMPLEMENTATION OF TOS
The following TOS come into effect as soon as a customer makes an order under the conditions of Article 4 hereinafter mentioned. The customer agrees to read the present TOS and to validate them before each purchase by ticking the box provided to this effect in compliance with Article 4.2.
The present TOS, that the company reserves the right to modify at any moment, apply, in absence of specific conditions made by the company, to all other documents and conditions and the customer declares having carefully read and understood.
Only the TOS on-line at the moment the customer places an order, in compliance with Article 4.2, apply between the company and the customer.
3 : CREATION OF A CUSTOMER ACCOUNT
3.1 Access to the service requires an initial registration by the customer via a form provided when first connecting and to be completed in order to make purchases through the service.
During registration the customer provides the following personal information :
Surname/ First Name/ Company Name
E-mail
Delivery address/Billing address
Password
User ID
3.2 All correctly completed registration forms are sent to the company who confirms receipt via e-mail, thus enabling the activation of the customer account.
3.3 The customer is the sole guarantor of the confidentiality of an user ID and password, and also of each order made using a customer account. The customer, moreover, guarantees the accuracy of all information given when registering, and agrees to update it when and where necessary using the customer account
4 : ORDERS AND PURCHASES
4.1 Orders may be made from all over the world. All orders made by a customer living outside of French territory will be processed in compliance with current TOS, whilst taking into consideration the legislation, and subsequent application, of the country wherein the aforementioned customer resides.
4.2 To order the customer agrees to respect the following procedure which consists of,
Selecting the product ( stating and quantity required)
Signing into the service via a customer account
Checking the order summary (showing individual product price and the total purchase price)
Selecting a delivery mode
Confirming the order by clicking on the link ‘Order Confirmation ‘
Proceeding to payment via the link ‘Payment Confirmation ‘, or through any other link indicating that all order confirmation requires payment.
The customer, if payment has not been confirmed, can modify at any moment the choice or quantity of product, can rectify any errors made during the ordering process, and can modify any aspects of personal information ( including the billing and/or delivery address)
All payment confirmation requires accepting the current TOS by the customer, who declares having read and understood, and ticking the appropriate box to confirm.
4.3 The payment of the purchase is made with a credit card (Visa, Master Card, other bank cards except American Express) or all other forms of secure on-line payment indicated by the customer.
All payment must be made before delivery.
4.4 A confirmation e-mail is sent to the customer once the payment has been accepted and after verification by the company of product availability .
The sending of an e-mail by the company validates definitively the customer purchase. However, if for any reason the company is not able to pursue the order, it will contact the customer as rapidly as possible, and if payment has already been processed, will reimburse.
4.5 The order confirmation e-mail sent by the company in compliance with Article 4 contains a link to the customer account enabling a customer invoice download and the current TOS at the date of purchase, in compliance with article 4.2. This e-mail also indicates an estimated date of delivery.
Effectively, for certain products the order is made before manufacture and will subsequently be delivered several weeks later. The customer will be informed before validation and payment of the order.
5 : PRICING
The price is in Euros and inclusive of tax (including order processing)
The company reserves the right to modify its pricing at any moment.
Every purchase is invoiced using the current pricing at the moment of order confirmation, in compliance with article 4.2
Payment in full transfers ownership of ordered products to the customer.
6 : DELIVERY
6.1 Purchases are delivered to the address provided by the customer and respect the estimated delivery time indicated in the confirmation e-mail sent by the company to the customer on receipt of payment.
6.2 The following modes of delivery are proposed to the customer:
Standard Delivery
Delivery to a collection point with an average delay of 2 to 15 working days depending on the delivery address. The customer has 15 consecutive days to collect the purchase from the collection point on its arrival. After this delay, the product will be returned to the company, and the customer must repay delivery fees for redelivery.
Colissimo Delivery
For mainland France (including Corsica and Monaco) and the rest of the world :
Delivery with an average delay of 2 to 15 working days depending on the delivery address. If the customer is absent and the size of the parcel is too big for the post box, a delivery slip will be left and the customer can retrieve the parcel in the indicated post office. The customer has 15 consecutive days to retrieve the parcel from its arrival at the post office. After this delay, the product will be returned to the company, and the customer must repay delivery fees for redelivery.
6.3 If there is a delivery delay the customer will be notified by e-mail of a new delivery date.
7. RIGHT OF RETRACTION
7.1 Under the current legal disposition the customer, in compliance with article 7.3, has 14 days after receipt of the product to exercise the right of retraction as stipulated under article L. 221-18 of the French Consumer Code and without having to give any reasons. However, any personalised product can neither be returned nor reimbursed.
7.2 The request to retract is addressed to the company by the customer, either by completing the retraction formula completely (available on the Dixiefrog website at https://dixiefrog.com/retraction) and signing it at the product delivery address, or signing into the customer account under the rubric ‘Order Summary ‘. The products are returned by mail, at the customers expense, to the initial expedition address, or any other address that might be indicated in the customer account by the company, within 14 days, at the latest, of receipt of the retraction formula by the company
7.3 In compliance with article L221-28 of the French consumer code the right of retraction cannot be applied to products, such as video or audio recordings of the type CD, DVD, vinyl, that have been unwrapped or damaged by the customer.
In the case of retraction, products must be imperatively returned to the company in their original packaging, such as for CD, DVD, vinyl, and for all products in their original state ( so that the company may recommercialise the said products. However, any item of clothing that has been worn or damaged, and/or any CD, DVD or vinyl that has been unwrapped or damaged cannot either be returned or reimbursed
7.4 In the case of retraction, in compliance with the current article 7, the company is under the obligation to reimburse, outside of return delivery costs that are to be paid by the customer, the totality of the purchase amount (including delivery charges) paid by the customer, at the latest 14 days after receipt of the right to retraction formula.
8 : CANCELLATION
8.1 In compliance with the articles L. 216-1 et seq. of the French Consumer Code, and under the hypothesis that the company has not respected the delivery delay indicated in the purchase confirmation e-mail sent to the customer as stipulated in the article 4.4 stated above, the customer is able, under the conditions of article 8.2, to cancel the order by sending a registered letter to the company, after an initial registered letter to the company has been sent, without effect, requesting a rapid delivery of said product.
In this case, on receipt of the registered cancellation letter by the company, the order is cancelled unless the purchase has been delivered on reception of the aforementioned letter.
8.2 No cancellation is possible if the delivery delay is the result of the customer giving an incorrect address.
8.3 7.4 In the case of cancellation , in compliance with the current article 8, the company is under the obligation to reimburse, outside of return delivery costs that are to be paid by the customer, the totality of the purchase amount (including delivery charges) paid by the customer, at the latest 14 days after receipt of the cancellation letter. However, any personalised product can neither be returned nor exchanged.
9 : CUSTOMER OBLIGATIONS
9.1 The customer certifies being 18 or over, and if not, agrees to get parental permission or permission from a tutor who holds parental authority, before registering with the company, who, in the case of the aforementioned, guarantee the acceptance of the current TOS, and that the customer explicitly declares having read and understood the said TOS.
9.2 The customer agrees to a strictly personal usage of all products, exclusive of all commercial interests, provided by the service.
9.3 The customer agrees to accept in general the entirety of the TOS, and if needs be, to print and keep all examples of the TOS sent by the company in compliance with article 4.4 here before mentioned.
10 : COMPANY GUARANTEES
10.1 The company DIXIEFROG, 144 rue de Javel, 75015, Paris is guarantor of the statutory warranty of conformity. All products sold by the service benefit from the statutory warranty of conformity contemplated by Articles L. 217-4 et seq. of the French Consumer Code and the warranty against hidden defects contemplated by Articles 1641 et seq. of the French Civil Code.
10.2 The company, under these warranties, respects the customers decision to either reimburse or exchange any defective products, that were damaged before reception by the customer and/or do not comply with the initial customer order, and on condition that the customer informs the customer service immediately by e-mail by e-mail contact@dixiefrog.com or by mail at DIXIEFROG, 144, rue de Javel, 75015, Paris.
10.3 With regard to this, it is specified that the company will ensure the exchange and/or reimbursement of the said products on condition that, in the case of a non compliant order, the products are returned to the company under the conditions stipulated in article 7.3, and that if damaged, that this is imperatively mentioned on the delivery slip. The return costs of the products will be reimbursed by the company to the customer on presentation of pertaining proof.
10.4 The company agrees to archive all purchase orders (including delivery slips, invoices and the current version of the TOS) of a price over and above €120,00 excluding taxes, in compliance with current laws, and this for a period of 10 years.
10.5 It should be remembered that the company is obliged to comply with the statutory warranty of conformity contemplated by Articles L. 217-4 et seq. of the French Consumer Code and the warranty against hidden defects contemplated by Articles 1641 et seq. of the French Civil Code. It is important to remind that,
– the existence of a legal guarantee of conformity gives the customer two years from the delivery of the product to react, and can choose between repairing or replacing the product, whilst taking into consideration the costs stipulated in article L. 217-9 of the French Consumer Code.
– the customer is not obliged to give proof of default for a period of two years after delivery of a product. For second hand goods this delay is reduced to 6 months.
– the legal guarantee of conformity applies independently of any agreed upon commercial guarantee.
– the customer can decide to use the warranty against hidden defects, of the purchased product, contemplated by article 1641 of the French Civil Code and that in this case can either choose the resolution of the sale or a reduction of the purchase price compliant with article 1644 of the French Civil Code.
11 : PERSONAL INFORMATION
11.1 The company agrees to respect the confidentiality of all personal information, compliant with the current TOS, given by the customer and to use them under strict compliance with the Data Protection Act N° 78-17 of the 6th January 1978. Data processing by the company is subject to a declaration to the French Data Protection Agency (CNIL)(N°1540356), and, in addition, the customer has a right of access and rectification of all personal information at any moment via a customer account.
11.2 The company informs the customer that all data is processed and used uniquely to necessitate the correct functioning of the service and is kept as a proof of contract, and can be communicated, as is understood and agreed by the customer, to phonographic producers, artists and/or creators of products sold through the service, and thus enabling the processing of purchase orders in compliance with the current TOS, and also to send e-mails proposing, if necessary, various commercial offers and/or keeping customers informed, in the case of newsletters, of updates on artists and/or labels of which products were purchased through this service. All other use of personal data is subject to prerequisite customer authorisation.
11.3 To prevent data being deformed, damaged or falling into the hands of a third party the company agrees to remain diligent in protecting data received through this service.
12 : FORCE MAJEURE
The company’s responsibility cannot be called into question if the non-execution or delay in execution of one of the obligations as outlined in the present TOS results in a case of Force Majeure as defined and determined by the case laws of French courts and tribunals.
13 : MISCELLANEOUS
The customer can refer to either one of the competent territorial jurisdictions in accordance with the French Civil Code, or a local jurisdiction assigned to the region where the customer lives at the time of the conclusion of contract or the later manifestation of a harmful event. The customer, in compliance with article L. 616-1 of the French Consumer Code, has free access to a consumer mediator provided by the company in the hope of an amicable resolution to the dispute whose details are the following :
FEVAD
60, rue de la Boëtie
75008, Paris
https://www.mediateurfevad.fr/
https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx