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1 – GENERAL INFORMATION
1.1 These general terms and conditions of sale (hereinafter “GTC”) apply to all physical and material products made available to the public on the website of SNA GZ (hereinafter “the Company”) identified under the domain name shop. allnightlong.com (hereinafter ‘the Website’), namely, where applicable, phonograms (in CD, vinyl, etc. formats), videograms (DVD, Blu-Ray, etc.) and so-called ‘merchandising’ products (clothing, bags, posters, accessories, stationery products, etc.) and any other so-called ‘derivative’ products (hereinafter collectively referred to as ‘the Products’).
1.2 The sale of Products on the Website is reserved for individuals of legal age or minors with legal capacity (with the authorisation of their parents or guardians) in the context of so-called ‘retail’ orders. Products purchased on the Website are intended for the personal use of Customers, to the exclusion of any commercial use of said Products, in particular through resale.
1.3 Any person who has made or is in the process of making a purchase on the Website is hereinafter referred to as ‘the Customer’ for the purposes of clarity.
2 – APPLICATION OF THE GTC
2.1 The GTC exclusively govern online sales contracts for the Company's products to Customers.
These GTC come into force as soon as the Customer places an order under the conditions set out in Article 4 below. The Customer therefore undertakes to consult these GTC and to accept them explicitly, without restriction or reservation, by ticking the box provided for this purpose in accordance with Article 4.2 below, prior to registering the order concerned.
For all intents and purposes, the validation of the order by its confirmation constitutes acceptance by the Customer of these GTC in force on the day of the order.
2.2 The Company reserves the right to modify, at any time, all or part of the GTC, which prevail, except for special conditions issued by the Company, over all other documents or conditions, which the Customer expressly acknowledges and accepts.
Website at the time of registration of the corresponding order.
2.4 The possible invalidity of one of the clauses of the GTC does not invalidate the GTC as a whole; only the clause deemed invalid shall lose its effect.
The temporary or permanent inapplicability of one or more provisions of the GTC by the Company shall not constitute a waiver on its part of the other provisions of the GTC, which shall continue to have effect, to its possible advantage.
3 – CREATION OF A CUSTOMER ACCOUNT
3.1 In order to place an order on the Website, the Customer must create a personal account on the Website by accurately completing the account creation form provided for this purpose and providing certain information and data about themselves for the purpose of identifying them in connection with this order. This personal account will be created for each Customer when they make their first purchase on the Website.
As part of the registration process, the Customer shall provide the Company with the following information:
Surname / First name / Company name
Title
Email address / Username
Delivery address / Billing address
Login password
All this information is mandatory for the creation of the account. Reference is made to Article 10.3 concerning personal data relating to the Customer collected by the Company.
3.2 All duly completed account creation requests are sent to the Company, which acknowledges receipt by email and activates a customer account (hereinafter ‘the Customer Account’).
3.3 The Customer is solely responsible for the confidentiality of their password and username, as well as for any orders placed through their Customer Account. The Customer shall therefore also be solely responsible for the consequences of any disclosure of this data to a third party. In addition, the Customer undertakes to ensure that the information provided when creating the account is accurate, complete and regularly updated via their Customer Account. The Company shall not be held liable for any error of any kind resulting from the use of incorrect information on the Customer Account.
4 – ORDERS
4.1 Each Product offered for sale on the website is accompanied by a description of its essential characteristics, in accordance with Article L.111-1 of the French Consumer Code.
Customers who place an order in the absence of any information about a product are deemed to accept it in the actual condition in which it will be delivered to them.
Differences may exist, including but not limited to the actual colour of the product, its apparent material, and finishes (fastenings, buttons, stitching, etc.). The Customer may not claim a slight modification as grounds for requesting a refund or exchange of a product. Product information is provided subject to typographical errors.
Orders may be placed from anywhere in the world, subject to the delivery options available on the Website. Any Order placed by a Customer residing outside France will be processed in accordance with these GTC, subject to any other applicable legal provisions in the country where the Customer placing the Order is domiciled.
4.2 Customers wishing to place an order agree to comply with the following procedure:
Between the time of actual payment for the order and confirmation of the order, the Customer will have the option to delete or modify their order at any time, in particular with regard to the choice of Products selected, which the Customer may add or delete, and/or the information provided by the Customer for identification purposes (including billing and/or delivery address).
Any confirmation of payment requires acceptance of these GTC, which the Customer undertakes to validate, after having read them in full, by ticking the box provided for this purpose.
4.3 Payment for the order is made online by credit card (Visa, American Express, Master Card or any other debit card), or by any other secure online payment method that will be chosen at a later date by the Company and indicated to the Customer when paying for their order. In this regard, the Customer must provide the following information relating to their bank details:
All this information is mandatory for the order to be registered. Reference is made to Article 10.3 concerning the personal data relating to the Customer collected by the Company.
The amount of each order will be debited by the Company before shipment. The total amount to be paid is that shown on the order summary page and on the order form sent to the Customer. The Products covered by the order remain the sole property of the Company until the latter has received full payment of the total amount of the corresponding order.
4.4 The Customer definitively confirms their order when they proceed to payment. The data recorded by the Company constitutes proof of the nature, content and date of the order. Each order is archived by the Company. The Customer may access this archive by sending a written request to the Company's Customer Service department (sav.dtoc@sna-gz.com).
4.5 The Company shall confirm the registration of the Customer's order by sending a confirmation email to the email address provided by the Customer. This acknowledgement of receipt will show the order number, a description of all the Products concerned, the unit purchase price including all taxes for each of the Products, the total amount of the order excluding taxes and including all taxes, the country of delivery and the amount of shipping costs excluding taxes and including all taxes, and the applicable VAT rate and amount.
The sending of a confirmation email by the Company definitively confirms the Customer's Order. However, the Company reserves the right to refuse or cancel an order received from a Customer in the following cases:
4.6 The order confirmation email sent by the Company to the Customer in accordance with this Article 4 contains a link to log into their account in order to download the corresponding invoice. This email also indicates an estimated delivery date.
4.7 Online sales offers are valid while stocks last (unless a specific duration is indicated).
4.8 The Company reserves the right to refuse any order for legitimate reasons.
The Company reserves the right to refuse any order from a Customer with whom there is a dispute (ongoing, not yet definitively resolved).
In the event of refusal, the Customer shall be fully reimbursed within a reasonable period of time, and in any event within 30 (thirty) days.
5 – PRICES
5.1 The prices of the Products appearing on the Website are indicated in euros, inclusive of all taxes, but excluding shipping costs (“postage”). The applicable VAT will be that in force under French law at the time the order is placed. The amount of VAT is specified on the order form, the invoice and when confirming the basket, along with the description of the Product(s) selected by the Customer, their respective prices, postage costs and the total amount of the order.
5.2 The Company reserves the right to change its prices at any time.
The Products ordered are invoiced on the basis of the price in force, as shown on the Website at the time the corresponding order is placed.
5.3 For all Products shipped outside French territory, customs duties, import duties or other taxes may be applied. Any administrative formalities that may be required by foreign authorities in connection with such imports, as well as the payment of any sums that may be due in this respect, remain the sole responsibility and expense of the Customer. The price paid by the Customer does not include any of the aforementioned costs.
Full payment of the price transfers ownership of the Products to the Customer.
6 – DELIVERY
6.1 Products are delivered to the address provided by the Customer as registered on the Website when creating their customer account and placing their first order.
It is specified that for an order comprising different Products, all of these Products may only be delivered to a single address.
6.2 Available Products are shipped within 3 to 5 days of receipt of payment by the Company. Delivery times are then as indicated below.
6.3 The following delivery methods are available to the Customer:
* Home delivery:
An average delivery time of 2 to 15 days should be expected, depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow it to be left in the letterbox, and if subsequent delivery attempts are unsuccessful, the parcel will either be returned to the sender or made available at the post office to which the Customer is attached. In this case, the Customer has 15 consecutive days from the arrival of the parcel at the post office to collect it. After this period, it will be returned to the Company and cannot be re-shipped.
* Delivery to a collection point:
An average delivery time of 2 to 15 working days should be expected, depending on the delivery destination indicated. The collection point is selected after payment for the order has been made. If the Customer has not specified a collection point at this stage, the Company reserves the right to select one from among the collection points available nearby.
6.4 The risk of transport is borne by the Customer who, in the event of damage to the delivery or missing Product(s), must specify their reservations within 3 (three) days of receipt of the delivery, by registered letter with acknowledgement of receipt addressed to the carrier.
7 - PRODUCT CONFORMITY OR DEFECTIVENESS - WARRANTIES
7.1 In the event that a Product delivered by the Company is defective or does not conform to the order, the Customer may notify the Company by email (sav.dtoc@sna-gz.com) or by registered letter with acknowledgement of receipt addressed to the Company's Customer Service Department, specifying in detail the elements of non-conformity of the Product with the order or the defects found on it, within a maximum period of 30 (thirty) days following the date of delivery of the said Product, accompanied by proof of purchase (order form or invoice).
The Company will proceed at the Customer's discretion:
subject, however, to the application of the provisions of Article L.217-9 of the Consumer Code. It is the Customer's responsibility to specify this choice in the aforementioned letter. Failing this, the Company will proceed with a refund.
This warranty shall not apply to defects caused by the Customer's use of the Product concerned in a manner that does not comply with the normal purpose of the Product, nor to the implementation of the aforementioned warranty of conformity after the expiry of the aforementioned period. Furthermore, it is the Customer's responsibility to ensure that the conditions for returning the Product to the Company are similar to those of the initial shipment, in particular to cover the risks of loss or damage to the Product, which are borne exclusively by the Customer.
7.2 The Products offered for sale comply with French legislation in force on the date of the order. It is the responsibility of each Customer located outside French territory to check with the competent local authorities the possibilities of importing and using each of the Products they intend to order, as well as their compliance with the legislation in force in the country of delivery concerned. Consequently, the Seller shall in no way be held liable for any non-compliance of one or more Products ordered with the local regulations of the said country.
7.3 The provisions of this Article 7 shall not affect:
8 - RIGHT OF WITHDRAWAL / REFUND - EXCHANGE
8.1 In accordance with the legislative provisions in force, the Customer has a period of 14 (fourteen) days from receipt of the Product(s) to exercise their right of withdrawal provided for in Article L. 221-18 of the Consumer Code with the Company, without having to justify their decision. In the case of an order for several Products, the withdrawal period shall begin from the date of receipt of the last Product covered by the order.
8.2 To exercise their right of withdrawal, the Customer must notify the Company of their decision in writing within the aforementioned period:
The Product(s) concerned must be returned by the Customer, at their sole expense and within 14 (fourteen) days of exercising their right of withdrawal, to the postal address from which the Products were shipped or to any other address indicated by the Company in the Customer's Account.
8.3 In the event of withdrawal, the Product(s) must therefore be returned to the Company in their packaging, in the case of CDs and/or DVDs and/or merchandising products, and in any event in their original condition (i.e. in new condition allowing the Company to offer the Products for sale again). Consequently, any product that has been opened or damaged will not be taken back or refunded by the Company.
8.4 In accordance with the aforementioned Article L.221-28, audio and video recordings cannot be returned once they have been unsealed. Furthermore, Product(s) returned incomplete, damaged or soiled cannot be refunded in full (the Company may apply a discount to the refund) or exchanged.
9 - REFUND - EXCHANGE
9.1 The refund payable by the Company, pursuant to Articles 7 and 8 above, as applicable, shall be made no later than 14 (fourteen) days after the date on which the Customer informs the Company of the receipt of the defective and/or returned Product(s) by crediting the Customer's bank account used to pay for the corresponding order.
9.2 The refund shall only cover the sale price of the Product(s) concerned, excluding the initial shipping costs and return shipping costs, which shall be borne by the Customer if the return of the Product(s) is subject to
10 – INTELLECTUAL PROPERTY – PERSONAL DATA
10.1 All intellectual property rights attached to the Website, as well as those attached to the texts (including Product descriptions), photographs of the Products, and photographs, graphic works and logos reproduced on the Website or on the Product packaging (particularly sleeves) presented on the Website, are the exclusive property of the rights holders, primarily the Company. Any reproduction and/or use of the aforementioned elements, even partial, is strictly prohibited.
10.2 The Products offered for sale on the Website incorporate, as the case may be, musical, audiovisual, literary, graphic, photographic and plastic works (without this list being exhaustive) protected by copyright, as well as phonograms and/or videograms protected by rights related to copyright. The Customer undertakes to comply with all laws, regulations, European directives and international conventions in force relating to intellectual property in connection with their use of these Products and the works, phonograms and videograms incorporated therein. The Company shall in no event be held liable for any unlawful and/or infringing use by the Customer.
10.3 All information relating to the collection and processing by the Company of personal data provided by the Customer in connection with his order(s), and more generally to the protection of such data, is set out in the Privacy Policy accessible on the Website via the ‘Privacy Policy’ link, which the Customer declares to have read before placing any order on the Website.
11 - FORCE MAJEURE / ADMINISTRATIVE RESTRICTIONS
The Company shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTC results from:
12 - REQUESTS FOR INFORMATION AND COMPLAINTS - APPLICABLE LAW
12.1 For any information, questions or complaints, the Customer may contact the Company's Customer Relations Department:
SNA GZ
DtoC Customer Service
ZA de Saint Anne
61190 Tourouvre
12.2 Mediation
In accordance with Article L. 612-1 of the French Consumer Code, within one year of their written complaint, the Customer, subject to Article L.152-2 of the French Consumer Code, has the right to submit a request for amicable resolution through mediation to the
Centre de médiation de la consommation de conciliateurs de justice (CM2C).
The mediator's contact details are as follows:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
14 rue Saint Jean 75017 Paris
+33609204886 https://www.cm2c.net.
12.2 Sales contracts concluded in accordance with these GTC are governed exclusively by French law, regardless of the Customer's delivery address and/or place of residence. In the event of a dispute and in the absence of an amicable agreement, the competent courts located in Paris shall have sole jurisdiction to hear the dispute.
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