Terms and conditions

ARTICLE 1 – SCOPE

These General Conditions of Sale apply without restriction or reservation to all sales

concluded by STUDIO DUROY (“the Seller”) to consumers and non-professional buyers

(“Customers or Customer”), wishing acquire the products offered for sale by the Seller

(“The Products”) on the website www.bassme.fr They specify in particular the conditions

of ordering, payment, delivery and management of any returns of Products ordered by

Customers .

The Products offered for sale on the website www.bassme.fr are the following:

The connected device BassMe by STUDIO DUROY

The main features of the Products and in particular the specifications, illustrations and

indications of dimensions or capacity of the Products are presented on the website

www.bassme.fr

The Customer is required to read it before placing an order.

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

The photographs and graphics presented on the website www.bassme.fr are not

contractual and can not engage the responsibility of the Seller.

The Customer is obliged to refer to the description of each Product in order to know its

properties and essential features.

Product offers are subject to availability, as specified at the time of placing the order.

The Seller’s contact details are as follows:

STUDIO DUROY

3 voie des sociétés

66180 Villeneuve-de-la-Raho

These General Terms and Conditions of Sale apply to the exclusion of all other conditions,

including those applicable to sales in the store or through other distribution channels and

marketing.

These General Terms and Conditions of Sale are accessible at any time on the website

www.bassme.fr via the short address cgv.bassme.fr and will prevail, if necessary, on any

other version or any other contradictory document.

The Customer declares to have read these General Terms and Conditions of Sale and to

have accepted them by ticking the box provided for this purpose before the

implementation of the online ordering procedure and the general conditions of use of the

website www.bassme .com

These General Terms and Conditions of Sale may be subject to subsequent amendments,

the version applicable to the purchase of the Customer is the one in effect on the website

at the date of placing the order.

Unless proved otherwise, the data recorded in the Seller’s computer system constitutes

proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any

time, a right of access, rectification, and opposition to all of his personal data by writing,

by mail and in writing. justifying his identity, to

STUDIO DUROY

3 voie des sociétés

66180 Villeneuve-de-la-Raho

The validation of the order by the Customer implies acceptance without restriction or

reservation of these Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to contract and purchase the

Products offered on the website www.bassme.fr

The Products presented on the website www.bassme.fr are offered for sale in mainland

France.

ARTICLE 2 – ORDERS

It is up to the Customer to select on the website www.bassme.fr the Products he wishes

to order, according to the following modalities:

To purchase one or more products from the Website, you must select each product you

wish to purchase and add it to your cart. When you have selected all the products you

want to buy, you can confirm the contents of your cart and place the order.

At this point, you will be redirected to a page summarizing the details of the products you

have selected, their price and the delivery options (with the relevant delivery charges). You

will then need to choose the shipping options and the shipping and payment methods

that are best for you.

At the bottom of this page is the buy button. You must click this button to confirm and

place your order.

After placing your order, we will send you a confirmation message.

The company STUDIO DUROY publishes and keeps the sales invoice. You agree to

obtain this invoice electronically upon request from you to the customer service at the

email address contact@studio-duroy.com.

The contractual information is presented in French and is confirmed at the latest at the

time of validation of the order by the Customer.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will be considered final only after the sending to the Customer of the

confirmation of the acceptance of the order by the Seller by email and after receipt by it of

the full price.

For orders placed exclusively on the internet, the registration of an order on the Service

Provider’s website is made when the Customer accepts these General Terms and

Conditions of Sale by checking the box provided for this purpose and validates his order.

The Customer has the opportunity to check the details of his order, the total price and

correct any errors before confirming his acceptance (Article 1127-2 of the Civil Code).

This validation implies the acceptance of the entirety of the present General Conditions of

Sale and constitute a proof of the sales contract.

It is therefore the responsibility of the Customer to check the accuracy of the order and

report any errors immediately.

Any order placed on the website www.bassme.fr constitutes the formation of a contract

concluded at a distance 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 over the payment of a previous order.

The Customer can follow the evolution of his order on the website www.bassme.fr.

ARTICLE 3 – RATES

The Products are supplied at the rates in effect on the website www.bassme.fr, at the time

of registration of the order by the Seller. The prices are expressed in Euros, HT and TTC.

The rates take into account any reductions that may be granted by the Seller on the

website www.bassme.fr.

These rates are firm and non-revisable during their period of validity, as indicated on the

website www.bassme.fr, the Seller reserves the right, outside this period of validity, to

change prices at any time. They do not include processing fees, shipping, transport and

delivery, which are charged in addition, under the conditions indicated on the website

www.bassme.fr and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the

purchase, including these costs.

An invoice is established by the Seller and delivered to the Customer upon delivery of the

Products ordered.

ARTICLE 4 – PAYMENT TERMS

The price is payable in cash, in full at the date of placing the order by the Customer, by

way of secure payment, as follows:

– by credit card: Visa, MasterCard, American Express, other cards

– by bank check

In case of payment by check, it must be issued by a bank domiciled in France or Monaco.

The cashing of the check is made upon receipt.

Payment data is exchanged in encrypted mode using the most widely used global 2048

bit SSL (Secure Socket Layer) protocol.

In case of payment by credit card, the debit of the card is made at the time of the order.

The Seller will not be obliged to proceed with the delivery of the Products ordered by the

Customer if it does not pay the price in full under the conditions indicated above.

Payments made by the Customer will not be considered final until after receipt of the

sums due by the Seller.

ARTICLE 5 – DELIVERIES

The Products ordered by the Customer will be delivered in metropolitan France within the

shipping time indicated on the product sheet plus the processing time and routing to the

address indicated by the Customer when ordering on the website www.bassme.fr

Delivery consists of the transfer to the Customer of physical possession or control of the

Product.

Except in the special case or unavailability of one or more Products, the Products ordered

will be delivered at one time.

The Seller undertakes to make its best efforts to deliver the products ordered by the

Customer within the time specified above. However, these deadlines are given as an

indication. However, if the Products ordered have not been delivered within 30 days after

the indicative date of delivery, for any reason other than force majeure or the fact of the

Customer, the sale may be solved at the written request of the Customer under the

conditions laid down in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The

sums paid by the Customer will then be returned to him no later than fourteen days

following the date of termination of the contract, excluding any compensation or

withholding.

In the event of particular request of the Customer regarding the conditions of packing or

transport of the ordered products, duly accepted in writing by the Seller, the related costs

will be the object of an additional specific invoicing, on estimate previously accepted in

writing by the customer.

The Customer is required to check the condition of the delivered products. It has a period

of 15 days from the delivery to formulate in writing (postal mail, e-mail, fax) all

reservations or claims for non-conformity or apparent defect of the delivered Products (eg

damaged package already opened …) , with all the relevant supporting documents

(photos in particular). After this period and failing to comply with these formalities, the

Products will be deemed compliant and free from defects and no claim may be validly

accepted by the Seller.

The Seller will refund or replace as soon as possible and at his expense, the delivered

Products whose defects of conformity or visible or hidden defects have been duly proven

by the Customer, under the conditions provided for in articles L 217-4 and following of the

Consumer Code and those provided for in these General Conditions of Sale (see

guarantees, in particular).

ARTICLE 6 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will

only be realized after full payment of the price by the latter, regardless of the delivery date

of said Products.

Irrespective of the date of the transfer of ownership of the Products, the transfer of the

risks of loss and deterioration relating thereto, will not be realized until the Customer

physically takes possession of the Products. The Products therefore travel at the Seller’s

risk.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen

days from receipt of the Product to exercise his right of withdrawal from the Seller,

without having to justify reasons or to pay a penalty, for the purpose of exchange or

refund, provided that the Products are returned in their original packaging and in perfect

condition within 15 days of notification to the Seller of the Customer’s decision to

withdraw.

Returns are to be made in their original condition and complete (packaging, accessories,

instructions …) for their return to the market in new condition, accompanied by the

invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the contact form available on the

website www.bassme.fr, in which case an acknowledgment of receipt on a durable

medium will be immediately communicated to the Customer by the Seller, or any other

statement, unambiguous, expressing the desire to retract.

In case of exercise of the right of withdrawal within the aforementioned period, only the

price of the Products purchased and the delivery costs are reimbursed; the return costs

remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 8 days from the receipt

by the Seller of the Products returned by the Customer under the conditions provided for

in this article.

ARTICLE 8 – RESPONSIBILITY OF SELLER – GUARANTEE

Products sold on the website www.bassme.fr comply with the regulations in force in

France and have performance compatible with non-professional uses.

The Products supplied by the Seller are automatically entitled to and without additional

payment, irrespective of the right of withdrawal, in accordance with the legal provisions,

– the legal guarantee of conformity, for Products apparently defective, damaged or

damaged or not corresponding to the order,

– the legal guarantee against hidden defects resulting from a material, design or

manufacturing defect affecting the products delivered and rendering them unfit for use,

under the conditions and according to the terms and conditions referred to in the box

below and defined in the appendix to the present General Terms and Conditions of Sale

(Conformity Guarantee / Hidden Vault Guarantee).

It is reminded that in the context of the legal guarantee of conformity, the Customer:

– has a period of two years from delivery of the property to act against the Seller;

– may choose between the repair or replacement of the ordered Product, subject to the

cost conditions provided by Article L 217-9 of the Consumer Code;

– is exempted from furnishing proof of the lack of conformity of the Product during the six

months following the delivery of the Product. This period is extended to 24 months from

March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies regardless of the commercial guarantee that

may possibly cover the Product.

The Customer may decide to implement the guarantee against hidden defects Produced

in accordance with Article 1641 of the Civil Code; in this case, he can choose between

the resolution of the sale or a reduction of the selling price in accordance with 1644 of the

Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the nonconformity

of the Products within a maximum period of 15 days from the delivery of the

Products or the existence of hidden defects within the deadlines set out below. above

and return or return in store the defective Products in the state in which they were

received with all the elements (accessories, packaging, instructions …).

The Seller will refund, replace or have repaired Products or parts under warranty deemed

non-compliant or defective.

The shipping costs will be refunded on the basis of the invoiced rate and the return costs

will be reimbursed upon presentation of receipts.

Refunds of Products deemed to be non-compliant or defective will be made as soon as

possible and at the latest within 30 days of the Seller’s finding of the lack of conformity or

hidden defect.

The refund will be made by credit to the Customer’s bank account or by check sent to the

Customer.

The Seller’s liability can not be incurred in the following cases:

– non-compliance with the legislation of the country in which the products are delivered,

which it is up to the Customer to check,

– in case of misuse, use for professional purposes, negligence or lack of maintenance on

the part of the Customer, as in case of normal wear of the Product, accident or force

majeure.

The Seller’s warranty is, in any event, limited to the replacement or refund of noncompliant

or defective Products.

ARTICLE 9 – COMPUTERS AND FREEDOMS

Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested

from the Customer are necessary for the processing of his order and the preparation of

invoices, in particular.

This data may be communicated to the Seller’s potential partners responsible for the

execution, processing, management and payment of orders.

The processing of information communicated via the website www.bassme.fr has been

declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a right

of permanent access, modification, rectification and opposition regarding the information

concerning him.

This right can be exercised under the conditions and according to the conditions defined

on the website www.bassme.fr

ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the website www.bassme.fr is the property of the Seller and its partners

and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an

offense of counterfeiting.

In addition, the Seller retains ownership of all intellectual property rights in the

photographs, presentations, studies, drawings, models, prototypes, etc., made (even at

the request of the Customer) for the provision of Services to the Customer. The Customer

therefore prohibits any reproduction or exploitation of such studies, drawings, models and

prototypes, etc., without the express written permission of the Seller who may condition it

to a financial counterparty.

ARTICLE 11 – IMPREVISION

These General Terms and Conditions of Sale expressly exclude the statutory regime of

unforeseenness provided for in Article 1195 of the French Civil Code for all sales

operations of the Seller’s Products to the Customer. The Seller and the Customer

therefore waive each of them to avail themselves of the provisions of Article 1195 of the

Civil Code and the regime of the unforeseen provision provided for there, pledging to

assume its obligations even if the contractual balance is upset by circumstances which

were unforeseeable at the time of the conclusion of the sale, even if their execution would

prove excessively expensive and bear all the economic and financial consequences.

ARTICLE 12 – EXECUTION ENFORCED IN KIND

In the event of default by either Party, the defaulting Party shall have the right to request

execution in kind of the obligations arising from the present. In accordance with the

provisions of Article 1221 of the Civil Code, the obligee of the obligation may continue

this forced execution after a simple formal notice, addressed to the debtor of the

obligation by registered letter with acknowledgment of receipt remained unsuccessful,

unless the it proves impossible or if there is a clear disproportion between its cost to the

debtor and his interest for the creditor.

The Party suffering the default may, in the event of non-performance of any of the

obligations incumbent on the other Party, request the termination of the contract in

accordance with the terms set out in the article “Resolution of the contract ».

ARTICLE 13 – EXCEPTION OF INEXECUTION

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to

perform its obligation, even if it is due, if the other Party does not execute its own and if

such non-performance is sufficiently serious, that is to say, likely to call into question the

continuation of the contract or to fundamentally upset its economic equilibrium. The

suspension of execution shall take effect immediately upon receipt by the defaulting Party

of the notice of default sent to it by the defaulting Party indicating the intention to enforce

the non-performance that the defaulting party will not have remedied the breach noted,

served by registered letter with acknowledgment of receipt or on any other durable

written support to provide evidence of the shipment.

This exception of non-performance may also be used as a precautionary measure, in

accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of

the Parties will not fulfill at the due date the obligations incumbent on it and that the

consequences of this non-performance are sufficiently serious for the Party victim of the

default.

This faculty is used at the risk and peril of the Party taking the initiative.

The suspension of performance will take effect immediately upon receipt by the alleged

defaulting party of the notice of intention to enforce the defective non-performance

exception until the alleged defaulting party executes the obligation for which a failure to

come is manifest, served by registered letter with acknowledgment of receipt or on any

other durable written support to provide evidence of the shipment.

However, if the impediment was final or continued beyond 30 days from the finding of

impediment by registered letter, usher’s exploit, etc. “, the present ones would be purely

and simply solved according to the modalities defined in Article Resolution for failure of a

party to its obligations.

ARTICLE 14 – FORCE MAJEURE

The Parties can not be held responsible if the non-performance or delay in the

performance of any of their obligations, as described herein, arises from a case of force

majeure, within the meaning of Article 1218 of the Civil Code.

The Party observing the event shall without delay inform the other party of its inability to

perform its service and justify it to it. The suspension of the obligations may in no case be

a cause of liability for non-performance of the obligation in question, nor induce the

payment of damages or penalties of delay.

The performance of the obligation is suspended for the duration of the force majeure if it

is temporary and does not exceed a period of 30 days. Therefore, upon the cessation of

the cause of the suspension of their reciprocal obligations, the Parties will make every

effort to resume as soon as possible the normal performance of their contractual

obligations. For this purpose, the prevented Party will notify the other of the resumption of

its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.

If the impediment is final or exceeds a duration of 30 days, the present will be purely and

simply resolved according to the modalities defined in the article “Resolution for force

majeure”.

During this suspension, the parties agree that the costs incurred by the situation will be

borne by the party prevented.

ARTICLE 15 – RESOLUTION OF THE CONTRACT

The resolution by operation of law for force majeure, can take place only 8 days after the

sending of a formal notice notified by registered letter with request for acknowledgment

of receipt or any extrajudicial act

It is expressly agreed between the Parties that the debtor of an obligation to pay under

the terms of the present agreement will be validly put in default by the mere exigibility of

the obligation, in accordance with the provisions of article 1344 of the Civil Code.

The services exchanged between the parties from the conclusion of the contract and until

its resolution can not find their utility only by the complete execution of this one, they will

give place to restitution integral.

In any case, the injured party may claim damages in damages.

ARTICLE 16 – APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the transactions arising therefrom are

governed by and subject to French law.

These General Conditions of Sale are written in French. In the event that they are

translated into one or more foreign languages, only the French text will prevail in case of

dispute.

ARTICLE 17 – DISPUTES

All disputes to which the purchase and sale transactions concluded pursuant to these

general conditions of sale could give rise, concerning both their validity, their

interpretation, their execution, their termination, their consequences and their

consequences and which could not have to be resolved between the seller and the

customer will be submitted to the competent courts under common law conditions.

The Client is informed that he can in any case resort to a conventional mediation, in

particular with the Commission of the mediation of the consumption (C. consom., Art.L

612-1) or with the existing sectoral mediation bodies , and whose references appear on

the website www.bassme.fr or any alternative dispute resolution (conciliation, for

example) in case of dispute.

ARTICLE 18 – PRECONTRACTUAL INFORMATION – CLIENT ACCEPTANCE

The fact for a natural person (or legal), to order on the website www.bassme.fr entails full

acceptance and acceptance of these Terms and Conditions and obligation to pay for the

Products ordered, which is expressly recognized by the Customer, who waives, in

particular, to avail himself of any contradictory document, which would be unenforceable

against the Seller.

ANNEX I – Provisions relating to legal warranties

Article L217-4 of the Consumer Code

The seller is required to deliver a good in accordance with the contract and is liable for

any lack of conformity existing at the time of delivery. It also responds to any lack of

conformity resulting from the packaging, the assembly instructions or the installation

when it has been charged to it by the contract or has been carried out under its

responsibility.

Article L217-5 of the Consumer Code

To be in conformity with the contract, the property must:

– Be fit for the usual expected use of a similar good and, where appropriate:

– correspond to the description given by the seller and possess the qualities that he has

presented to the buyer in the form of a sample or model

– present 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

labeling

– Or have the characteristics defined by mutual agreement by the parties or be fit for any

special purpose sought by the buyer, made known to the seller and that the latter has

accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the

delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was

granted to him during the acquisition or the repair of a piece of movable property, a

restoration covered by the guarantee, any period of immobilization d at least seven days

is added to the duration of the warranty that remained to run. This period runs from the

request for intervention of the buyer or the provision for repair of the property in question,

if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee by reason of the hidden defects of the thing sold

which render it unsuitable for the use for which it is intended, or which diminish the use

so much, that the buyer would not have acquired it, or not would have given a lower

price, had he known them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from the latent defects must be brought by the purchaser within two

years from the discovery of the defect.

ANNEX II – Cancellation form

This form must be completed and returned only if the Customer wishes to retract the

order placed on www.bassme.fr except exclusions or limitations to the exercise of the

right of withdrawal according to the applicable General Terms and Conditions of Sale.

For the attention of Customer Service

I hereby notify the withdrawal of the contract for the ordering of the services below:

– Order the “Date”

– Order number: ………………………………………………… ..

– Address of the Customer: …………………………………………………………… ..

Signature of the Client (only in case of notification of this form on paper)