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
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
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:
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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
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
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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
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 firstname.lastname@example.org.
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
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
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
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
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
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
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
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
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
The refund will be made by credit to the Customer’s bank account or by check sent to the
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
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
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
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
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
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
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
– 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
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)