Terms and Conditions of Sale

0 Cart

Preamble - Scope of application of the GTC

These General Terms and Conditions of Sale (GTC) consist of the articles in this preamble as well as any amendments and are deemed to contain all the intentions of the Parties. They aim to govern all relationships between SARL LEGAMEDIA (The seller), a limited liability company with a capital of €1,000, registered in the Lille Métropole Trade and Companies Register under number 831 985 452, with VAT number FR 92 831985452, via this Site, and its Customers (the Customer).nnThey apply systematically and with priority to all contracts and business relationships concluded by the Seller, whether these contracts are concluded with professionals, consumers, or non-professionals (the Customer), regardless of the Customer's nationality, place of establishment, place of delivery, or order execution.nnThese GTC constitute the sole basis of the commercial relationship between the Seller and its Customer within the meaning of Article L.441-1 of the Commercial Code and apply, without restriction or reservation, exclusively and with priority, to all products, services, and contracts of the Seller, regardless of any clauses that may appear on the Customer's documents (particularly any general terms of purchase).nAny specific condition opposed by the Customer will therefore be unenforceable against the Seller, regardless of when it may have been brought to its attention. Any agreement that may have occurred between the Parties beforehand, of whatever nature, will be deemed null and void, except for stipulations contrary to the regulations of the country concerned.nnIn accordance with current regulations, the Seller reserves the right to deviate from certain clauses of these General Terms and Conditions of Sale, based on negotiations conducted with the Customer, by establishing Specific Terms of Sale.nThe Seller may also establish Categorical General Terms of Sale, derogating from these General Terms and Conditions of Sale, depending on the type of Customer considered, determined based on objective criteria. In this case, the Categorical General Terms of Sale apply to all Customers meeting these criteria.nnThese GTC can be freely consulted by any internet user. They are free and freely accessible. It is the responsibility of the internet user, prospect, or Customer who wishes to establish a copy on a durable medium. The Seller reserves the right to modify these GTC at any time without notice, the GTC in force will be those online. It is strongly advised for the internet user visiting the Site and potentially interested in the Products and Services offered to carefully read these GTC, print them or save them on a durable medium before proceeding with any order on the Site.nnThe fact that the Seller does not invoke, at any time, any of the provisions of these GTC cannot be interpreted as a waiver of the right to invoke any of these conditions later.nnThe Customer, professional or non-professional, declares having read these General Terms and Conditions of Sale (GTC) before the conclusion of any contract with SARL LEGAMEDIA (The Seller), and, in any case, before placing any order on this Site with the latter.nnThey are deemed to have expressly accepted them without reservation by checking the box provided for this purpose before implementing the online ordering procedure. Checking this box will be deemed to have the same value as a handwritten signature from the Buyer, who thus acknowledges the probative value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in case of dispute.nnThey also expressly acknowledge having been fully informed and advised by the Seller according to their needs and objectives. They therefore acknowledge having obtained all the information allowing them to make an informed order.nnIt is reminded that any order placed on this site is intended for personal or promotional use.

Seller's Contact Information

Address : SARL LEGAMEDIA - 157 rue de Marcq en Baroeul - 59290 WASQUEHAL

Phone : +330760348042
E-mail : merch@Distrolution.com

Communication by email

Distrolution Merch communicates mainly by email for reasons of environmental respect and speed of communication.
Distrolution Merch cannot be held responsible for (i) the non-reading by the Customer of all or part of their emails, (ii) in case of an email filtered by the Customer's email account, their Internet Service Providers or any other filter, and, more generally, (iii) any other difficulty related to the delivery of an email and its acknowledgment by the Customer.
Finally, Distrolution Merch will communicate to the email address provided by the Customer and cannot be held responsible in case the transmitted address is incorrect.

Article 1. Products - Availability

Article 1.1 Products and Services

Distrolution Merch is an e-commerce site primarily for independent music groups and labels. It allows individuals or legal entities to order personalized merchandise, customized stage accessories, as well as pressing/duplication of CDs, Vinyl, Cassettes, ...nnAll products sold by the Seller are customized products made to order for each Client according to specifications provided by the latter. No product is sold raw without customization (screen printing, pad printing, UV marking, ...).nnThe products sold by the Seller are presented and detailed so that the Client can know all the essential characteristics of the Product or Service they wish to purchase, notably via technical descriptions provided by its service providers and suppliers and non-contractual photographs illustrating said products and services.nnIt is reminded that the photographs, illustrations, texts and other content appearing on the site are not contractual and therefore cannot give rise to any liability action. Contractual information is presented in French. In case of translation conflict, the French language will prevail, which the Client declares to know and accept.

Article 1.2. Availability

The products sold are new products. They are offered for sale subject to stock availability and supply possibilities from the Seller's suppliers.
The actual availability of Products and Services will be definitively validated upon confirmation of the order shipment sent by email to the Customer at the address they have provided.

In all cases where a ordered product is not available during the preparation of the order by the Seller, the latter commits to contacting the Customer by email at the electronic address that the latter has provided as soon as possible from the date of their order to indicate the timeframe in which the product can be delivered, with the Customer then having the possibility to cancel their order.

In case of impossibility to supply a product, the Seller will offer the Customer an exchange for another product of equivalent quality, characteristics, and price. In case of refusal by the Customer and cancellation of their order, the refund will be made at the latest within 15 (fifteen) days following the receipt of the amount paid by the Customer by credit to the bank card used for payment or to the PayPal account that was used to make the payment, for example. However, the cancellation of the Product order and its refund will have no consequence on the rest of the order, which will remain firm and final.

Article 2. Terms of service execution

Article 2.1. Order

The Client can choose to place an order via the website www.distrolutionmerch.com, by phone from Monday to Friday from 9:00 AM to 6:00 PM GMT +2 (+330760348042) or by email (merch@distrolution.com). If the Client decides to order by email or via our site, the automatic recording systems are deemed to constitute proof of the nature, content and date of the order.
However, the contract will only become final after receipt of a confirmation email of the effective receipt of payment sent to the Client by the Seller, even if the Client indicates a different delivery address.

Only definitively registered orders will be put into production, which cannot begin before the receipt of all elements and media (graphics, sounds, videos, ...) transmitted by the Client to the Seller in regular, usable formats that meet the Seller's technical specifications.

In the event that the Client acts under a mandate issued by a third party and on behalf of the latter, the contract is deemed to be concluded exclusively with this third party and subject to the suspensive condition of presentation of the power of attorney and receipt of an express confirmation of the order by the Seller, addressed to the Client at the email address that the latter will have provided.

The Seller reserves the right to refuse any order and to exceptionally terminate without notice any contract already concluded whenever the transmitted data reveals pornographic, racist, pedophilic, politically extremist content or content contrary to French regulations.
Similarly, the Seller reserves the right not to confirm an order in case of difficulty upon receipt of the order (illegible document, fanciful indications, ...), an abnormal order, not respecting the provided templates or a foreseeable difficulty related to the delivery to be made.
Finally, the Seller reserves the right to refuse or cancel any order with which there exists or has existed a dispute of any nature whatsoever, and in particular a dispute related to the payment of a previous order.

Article 2.2. Provision of elements necessary for manufacturing

Article 2.2.1 Mandatory Templates

Upon acceptance of the order, the Seller provides the Client with a template file for the ordered products, or an expected file format. No order can be put into production if the contents are not provided in regular, usable formats that meet the Seller's technical specifications.nIn the event that the contents are not provided in the requested templates, the Seller undertakes to notify the Client by email to the address that the latter has filled in. Without a response from them with a file in the appropriate format within 7 (seven) days, the order will be deemed automatically cancelled and the Seller will invoice the due compensation.

Article 2.2.2. Audio files

The Seller does not control the information contained on the master provided by the Customer. It is therefore the Customer's responsibility to verify the technical quality of the masters provided as well as the absence of any computer virus, and to mention, in particular, if they desire pause times between tracks. Otherwise, no pause time will be inserted.nIt is also the Customer's responsibility to ensure that the content of the masters does not contain any violation of public decency or, in general, of the country's regulations. Otherwise, the Customer declares to engage their sole responsibility and guarantees the Seller against any questioning of its responsibility or any legal action that could be taken regarding the above for the media duplicated and delivered by them.nIt is the Customer's responsibility to transmit to the Seller all necessary authorizations for the exploitation of the audio file content, whether the CD or DVD is intended for promotion or sale (example: authorization from SACEM in France, SABAM in Belgium, SUISA in Switzerland, ....). Manufacturing will only begin upon receipt of said elements. It is not the Seller's responsibility to remind the Customer of this necessity or to substitute for them in any steps necessary to obtain the titles. If the Customer omits to transmit said authorizations, they engage their sole responsibility and guarantee the Seller against any recourse.

Article 2.2.3. Graphic files

The Seller checks the files transmitted by the Client. However, it is reminded that the Seller processes orders exclusively based on the data transmitted by the Client in the formats and with the specifications designated in the Client's information sheet. It is therefore the Client's responsibility to carefully verify the information they have transmitted to the Seller. In case of potential defects due to inaccurate data provided by the Client, the risk will be borne exclusively by the latter without the possibility of recourse.

In case of a file that is not directly usable, the Seller will offer the Client either to make the necessary file modifications themselves or to delegate this task to the Seller, with the understanding that this second option will be subject to a possible additional cost defined by quote and calculated based on the estimated work time by the Seller to make the files usable. Once the quote is accepted and the work on the files is completed, the Seller will send the Client a proof in the form of an electronic file. From the receipt by the Seller of the Client's agreement on the proof, production will begin and the agreed printing deadline at the time of the initial order will start from the receipt by the Seller of the proof validated by the Client. The acceptance of the proof fully engages the Client's responsibility. If an error, whatever it may be, was not corrected before production, the Seller's responsibility cannot be sought.

If the Seller must modify a proof due to an error or any change desired by the Client, the Seller will charge the Client a possible additional cost defined by quote and calculated based on the estimated work time by the Seller to correct the error. The Seller's obligation being limited to the simple replacement of the merchandise, merchandise already used cannot be replaced. Once the quote is accepted and the work on the files is completed, the Seller will send the Client a proof in the form of an electronic file under the same conditions as previously. The delay in executing this replacement cannot justify any compensation.

Upon express request from the client and to the extent of technical possibilities, the Seller may also process formats other than those indicated. In case of error(s) resulting from the conversion of data into formats by the Seller, said errors will be borne by the Client who expressly declares to guarantee the Seller against any request for compensation and/or claim and/or implication on this account.
Thus, if the print data is not transmitted in CMYK mode, the Client declares to assume sole risk of the conversion, and in particular all color differences from the original that regularly occur.

In case of a usable file without errors, the Seller may send the Client either a production confirmation email or a proof in the form of an electronic file (especially in all cases where screen-printed products require alignment of personalization on textiles). In the latter case, the agreed printing deadline at the time of the initial order will start from the receipt by the Seller of the proof validated by the Client and under the same conditions as recalled above.

Generally, the Seller cannot be held responsible for errors made on the proof confirmed by the Client, or in case of order validation by the Client without a proof.
Despite the care taken by the Seller in selecting its suppliers, slight differences in color and sizes may exist on the products. The variety of media and marking techniques, as well as the constant evolution of inks used, particularly due to new environmental standards, do not allow for systematically obtaining a shade conforming to the Pantone references provided by the Client. These slight differences are however tolerated by industry practices and are not of a nature to call into question the validity of the contract or to implicate the Seller's responsibility.

The Client therefore accepts that there may be variations in shade throughout a print run and minor anomalies that may have escaped the surveillance of the Seller or its service providers. Ink shades and paper qualities will only be guaranteed within the limits of tolerances accepted in the printing sectors and the conventional conditions of the Seller's service providers and subcontractors. The Client will therefore admit on the entire print run the presence of minor defects, invisible to the untrained user such as specks, slight variations in colors, intensity, or cuts.

Generally, the Client agrees to limit back-and-forth to a maximum of 2 (two). Beyond that, the Seller reserves the right to invoice the additional service performed.

Article 2.2. Order modification/cancellation

Article 2.2.1. Order modification

Any order modification requested by the Customer can only be considered if it is expressly notified by the Customer (email or registered letter with acknowledgment of receipt), received by the Seller before the order is in production, and finally accepted by said Seller.

The Seller reserves the right to refuse any order modification once the order is in production or if the costs already incurred by the Seller are higher than the compensation provided for in this case.

Article 2.2.2. Order cancellation / termination

Within the framework of this contract, any cancellation of an order will only constitute termination, meaning that its effects can only relate to the future, with sums already committed by the Seller remaining due by the Customer.

Furthermore, no order in the process of production can be cancelled, even partially, for whatever reason.

Any cancellation or termination of an order will automatically entitle the Seller to invoice a compensation equal to 10% (ten percent) of the order amount, it being understood that this compensation cannot be less than €100 (one hundred euros) given the technical and administrative costs incurred. This compensation will be due without prior formal notice.
Without prejudice to the terms of the previous paragraph, if the amounts already committed by the Seller are higher than this compensation, for example in case of additional services, all additional costs will remain due, in addition to the compensation.

Article 2.2. applies systematically, being considered as determinant of the Seller's consent, which the Customer declares to know and accept.

Article 2.3. Right of withdrawal

In accordance with Article L.221-28 of the Consumer Code, it is reminded that the right of withdrawal does not apply to goods made to order or clearly personalized, nor to digital content provided on an intangible medium and whose execution has begun with the customer's agreement and for which the latter has waived their right of withdrawal.nAs the Seller only offers services and products made to order according to specifications specific to each Customer, the latter are deemed to have expressly waived their right of withdrawal.

Article 2.4. Delivery and Service Fees and Timeframes

2.4.1. Shipping Costs

Delivery costs are included, except in special cases: for France (excluding Corsica and Channel Islands), Belgium, the Netherlands, the United Kingdom (excluding Channel Islands), Ireland, Spain, Portugal, Italy, Germany, Denmark, the Czech Republic, Slovakia, Austria, Luxembourg.
Other European territories may be subject to additional charges which will be indicated at the time of order placement. When the Client accepts the order, they are deemed to have expressly accepted any potential additional costs.

2.4.2. In case of unusable files

It is reminded that the prices displayed online are only valid subject to the transfer of usable files by the Customer to the Seller. As a reminder, the Seller does not verify the audio files.
If one or more files transmitted by the Customer prove to be unusable, the Seller commits to inform the Customer in detail about the difficulties encountered via email to the address provided, and will propose possible solutions to address them.
The Customer is also deemed informed that in case of delivery delay and/or any impossibility to carry out one, several, or all services due to unusable file(s), the Seller's responsibility cannot be engaged in any way.

In order to best satisfy the Customer, the Seller reserves the right to offer paid solutions to the Customer to make the file(s) in question usable. In this case, the Customer will receive a quote by email, calculated at an hourly rate of €60/h (sixty euros per hour, with any started hour being due).
The Customer is free to accept said quote. In this case, they will expressly inform the Seller by return email. Only this express confirmation will constitute the Customer's commitment for the additional divided service. By accepting said quote, the Customer is also informed that they will also accept without reservation the general terms of sale associated with this quote.

In case the Customer does not wish to make their files usable, the order will be considered terminated at the exclusive fault of the customer under the conditions recalled above. The Seller will therefore automatically invoice the Customer, who declares to know and accept, a compensation equivalent to 10% (ten percent) of the total order amount, it being understood that this compensation cannot be less than €100 (one hundred euros) given the technical and administrative costs incurred. This clause is determinant of the Seller's consent.

2.4.2. Delivery times

The delivery time is indicated in a confirmation email sent by the Seller to the Client at the address provided by the latter once all elements necessary for manufacturing (authorizations, proofs, files, etc.) have been received and verified by the Seller.

This timeframe is given as an estimate, unless specified in the confirmation email that it is a firm deadline. It is indicated in business days (Monday to Friday, excluding public holidays) and corresponds to the delivery time from the warehouse. It will therefore be considered respected as soon as the goods have left the warehouse before the end of the deadline or if the product availability has been notified to the Client.

In case of ordering multiple products at the same time, and if they have different delivery times, the delivery time for the order will be calculated and indicated based on the longest timeframe, with the Seller reserving the right to split shipments, charging the processing and shipping fees only once.

If the Seller is unable to meet the agreed delivery time for any reason other than a cause attributable even partially to the Client, the Seller will inform the Client by email of a reasonable extension of this delivery time. At the end of this period, and in the event that all products have not been delivered, the Client may request termination of the contract at the Seller's sole fault. However, this termination will not engage the Seller's liability nor generate any right to compensation or indemnification, except in exceptional cases.

The information provided by the Client when placing the order is binding. In case of error in the recipient's address details, for example, the Seller and its service providers or subcontractors cannot be held responsible for the inability to deliver the product or the resulting delay.

In case of delivery difficulties, the Client will be informed by email by the Seller at the address provided by the Client. Any delays do not entitle the Client to cancel the order, refuse the goods, or claim damages or any compensation.

For availability reasons, particularly in the case of multiple orders, a single order may be delivered in several parts.
When SARL LEGAMEDIA handles the delivery itself, meeting the delivery deadline depends on receiving the goods in its warehouses without defects and on time.
When the goods are delivered directly by its subcontractors and service providers, the Seller remains entirely dependent on the delivery conditions mentioned in the various commercial documents of the private or public transport companies used by said subcontractors and service providers, which guarantee the Seller against any claim and/or request for compensation and/or indemnification.

2.4.3. Delivery Delays

It is reminded that all delivery times are given as an indication, except in exceptional cases. However, without prejudice to the foregoing, in the event of a delivery delay attributable to the Seller, the compensation due in reparation of all justified damages cannot exceed the amount of the transport price (duties, taxes, and miscellaneous costs included), excluding direct, indirect, material, and immaterial damages such as loss of market, profits, opportunity, deprivation of enjoyment, production stoppage, etc. that the Customer may suffer.

This clause applies in all cases, without exception. It is essential to the Seller's consent, and the Customer declares to know and accept it without reservation.

2.4.4. Retention of title clause

2.4.4.a. When the Client is a trader, as defined in Article L121-1 of the Commercial Code, the Seller retains ownership rights until full payment of all services provided within the framework of the commercial relationship between the Parties. However, the Client has the right to resell the merchandise.

If the Client is an entrepreneur, in case of non-payment, they are required to immediately assign all claims resulting from the resale to their sub-buyers up to the total amount of the invoice (including VAT and any additional taxes).
The Seller agrees, under these terms, to accept the claims of its Client. After the transfer of products, the Seller remains authorized to collect and/or recover the claim, said transfer having no impact on the authorization to proceed with the recovery of the claim itself.
If the Client fulfills all their payment obligations, is not late, and if any risk of insolvency can be excluded, these conditions being expressly cumulative, the Seller agrees not to proceed with the settlement of the claim.
Conversely, if such a risk exists, the Seller reserves the right to require that its initial Client disclose all assigned claims, the identity of the debtors, as well as all necessary information and related documents allowing the Seller to pursue its recovery action.
The Client acknowledges being required to communicate this information at their own expense and agrees to inform their debtors (Third parties) of the assignment of the claim held by the Seller on the third party.

If the Client is late in their payments, the Seller may withdraw the authorization to recover claims from third parties.

The Seller agrees not to retain securities on the Client's assets exceeding 20% (twenty percent) of the nominal value of the claims it holds against its client, the Seller however reserving the choice regarding the selection of securities it intends to retain.

In case of a contractual violation, particularly in case of late payment, the Seller reserves the right to take back the products subject to the contract in whichever hands they may be, the Client being obliged to return them upon first request and hereby agreeing to give the Seller every facility to proceed. Unless expressly notified by the Seller, the repossession of products should not be considered as a declaration of withdrawal from the contract, termination, or cancellation of said contract.

2.4.4.b. When the Client is a consumer, the Seller reserves the right of ownership concerning the delivered product(s) subject to these terms until full payment of the corresponding price agreed in the contract, plus any additional services and ancillary costs.

Article 2.5. Receipt of goods / claims

Article 2.5.1. General Provisions

The Client agrees to check the condition of the packaging, products, number of products, their condition and their conformity with the order upon receipt in the presence of the carrier. This verification will be deemed to have been carried out as soon as the Client (or their representative) has signed the delivery note without reservation.

The Client declares to know that any complaint made late or not respecting the procedure recalled herein may not be taken into consideration by the Seller.

In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

In all cases, the Client making a complaint will be asked to send by post at least 50 copies of the allegedly defective products delivered by the Seller to the latter's complaints department so that the defect can be observed.

Article 2.5.2. Right of Refusal

To exercise their right of refusal in case of damage, the Client must precisely mention their reservations on the delivery note, specifying in particular the number of packages that may be missing, the number of packages that may be damaged, as well as the type of damage observed (breakage, trace of moisture, tear, deep scratches, deformation, dent, ...) in the presence of the carrier and have them take back the damaged merchandise.nFailure to comply with these requirements will result in the Client being unable to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.nnIf the carrier refuses to wait for the complete inspection of the packages, it is advised that the Client sign the transport document after writing the following reservation: "inspection impossible because the carrier refuses to wait for the complete inspection of the package(s)".

Article 2.5.3. Dispute

In case of dispute, product damage during transport, damage, missing items or delay, it is the Customer's responsibility to make clear and precise reservations on the carrier's delivery note. Mentions such as "subject to inspection upon unpacking" do not constitute a reservation under this article.

The Customer must also confirm their reservations to the carrier by registered letter with acknowledgment of receipt, stating reasons, within two (2) days following the receipt of the products (excluding public holidays, postmark being proof). They must also inform the Seller as soon as possible by sending copies of the reservation letter sent to the carrier and the delivery note mentioning the reservations.

In accordance with Article L. 224-65 of the Consumer Code, from the moment the Customer personally takes delivery of the transported products and the carrier does not justify having given them the opportunity to effectively verify their good condition, the period indicated above will be extended to 10 (ten) days.

In case of obvious defect affecting the delivered products, the Customer agrees to inform the Seller within 2 (two) weeks following the date of receipt by any written means (the date of dispatch being proof).

A complaint based on the Customer's non-compliance with the instructions given by the Seller regarding, in particular, the conditions for print data will not be accepted. This applies especially to print products with RGB colors of too low resolution or the use of inappropriate fonts. Also, as a reminder, a slight color difference is not considered a defect, which is also the case for color differences compared to a previous order, even placed with the Seller.

The customer agrees to accept, in this case, deliveries that are 10% less or more than the ordered print run. In this case, the quantity invoiced is the quantity delivered.

The Customer agrees to give the Seller every facility to proceed with the observation of defects and to remedy them. They will refrain from intervening themselves or having a third party intervene for this purpose.

Article 2.6 Transfer of Risks

Article 2.6.1. General provisions

The Client is informed that goods always travel at their own risk, even in the case of carriage-free shipment. No delay in delivery or any difficulty with the possible carrier, even if it is an employee of the Seller, can justify an abandonment, a discount or any compensation related to the execution of the service by the Seller.

Article 2.6.2 Transfer of risks if you are a merchant

When the Customer is a merchant, as defined in Article L121-1 of the Commercial Code, the risks and perils due to random loss or deterioration are transferred to the Customer upon physical delivery of the goods subject to the contract by the person in charge of shipping, at the latest at the time of departure from the warehouse for delivery to the Customer, regardless of who bears the transport charges and even in cases where transport is carried out by an employee of the Seller.

If the shipment of goods ready for dispatch or their receipt by the Customer is delayed for reasons not attributable to the Seller, the risks are transferred to the Customer upon receipt of the shipping notice by the Customer.

Article 2.6.3. Transfer of Risks if You Are a Consumer

If the Client is a consumer, the risks of accidental loss or deterioration are transferred to the Client with the physical delivery of the goods to the Client. This is valid even if the Client delays accepting the goods.

At the Client's request and at their expense, the Seller can insure the shipment against damages covered by insurance.

Article 2.7 Force Majeure

In all cases and generally, the Seller's liability cannot be held in case of delay or impossibility of delivery and/or performance of services due to a force majeure event.

Generally, and in the interest of customer satisfaction, the Seller undertakes to keep the Client strictly informed by email as soon as possible of any occurrence of a force majeure event likely to influence the execution of the order.

For the purposes of these presents, Force Majeure is understood as defined by the Civil Code and French jurisprudence, augmented by the following events: external events such as strike, locking in, locking out, border blockade, administrative closure, change in legislation, sudden increase in raw material prices, attack, terrorism, natural disaster, major weather events, ... or any other unpredictable impediment by a normally attentive citizen, whether this event occurs within SARL LEGAMEDIA or with one of its suppliers, subcontractors or subcontractors of its suppliers or service providers.

In the event of a force majeure case, the Client will be notified by email by the Seller, who may rightfully defer the execution of its obligations for as long as the force majeure case lasts, plus a reasonable time necessary for the resumption of business. The Client hereby declares to know and accept this fact.
Without prejudice to the foregoing, the Seller may, exceptionally, and particularly if the force majeure case makes it definitively impossible to carry out all or part of the service, terminate all or part of the order without its liability being engaged in any way.

In the event that the termination concerns part of the order, the Client will remain liable for the corresponding amount, which the Seller will inform the Client of by email.
In the event that the termination concerns the entire order, the Client will only remain liable for the costs incurred by the verification of the files, calculated at the rate of €60 (sixty euros) excluding tax per hour and per file. The Seller will rightfully send the invoice to the Client, who agrees to honor it under the conventionally accepted terms.

Article 3. Price, payment and invoicing

Article 3.1. Price

It is reminded that the delivery times and costs shown on the website only concern the territories of France excluding Corsica and Channel Islands, the United Kingdom excluding Channel Islands, Ireland, Denmark, the Netherlands, Belgium, Luxembourg, Germany, Austria, the Czech Republic, Slovakia, Italy, Spain and Portugal.

The prices indicated on the website include the verification of files transmitted by the Client under the conditions mentioned above and, unless otherwise stated, packaging, transport, postage, and value-added tax, unless otherwise indicated at the latest in the order confirmation.
They apply provided that the Client does not subsequently modify their order and/or the delivery time stipulated in the initial offer, and that the transferred files are usable and transmitted in a regular template. However, they only take into account a single shipment to the address indicated by the Client during their order.

In any case, the order amount appears at the end of the online order before validation. Furthermore, the price invoiced to the Client and specified on the order confirmation includes any additional costs related to transport and various taxes.

Additional costs incurred by subsequent modifications requested by the Client will be subject to a separate quote and invoice (example: service to make files usable, etc.), as well as costs related to reshipment for example or costs related to the bank's refusal to make payments for any reason whatsoever.

The Seller reserves the right to modify its prices at any time, particularly to reflect any change in the VAT rate in force on the price of products or services offered, any change in the cost of raw materials, transport, taxes including possible customs duties, etc. The Client is informed that products will be invoiced based on the rates in force at the time of order validation.

For orders to a country other than metropolitan France, the Client is deemed to be the importer of the product(s) concerned. For all products shipped outside the European Union and DROM-COM, the price will be automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. Unless expressly agreed otherwise, these will be borne by the Client and are their sole responsibility, both in terms of declaration and payments to the competent authorities and/or organizations. It is therefore strongly advised that the Client inquire about these aspects with the competent local authorities.

Article 3.2. Price - Payment

Article 3.2.1. Payment method - compensation

Orders are considered firm and definitively acquired upon validation by the Seller. They are payable in euros, in full and in cash or in 3 interest-free installments, the accepted payment methods being those appearing on the site at the time of the order (Credit Card, PAYPAL account, etc.). They are payable by credit card only, in euros, in full and in cash or in 3 interest-free installments. The costs inherent to financial transactions remain the responsibility of the Client.

The Client cannot under any circumstances claim any compensation with a due claim, even if uncontested.

However, without prejudice to the foregoing, the Seller may grant special payment conditions (discounts, deposits, different payment method...) which will be materialized on a reliable medium and must be expressly accepted.

The order amount will be debited at the time of order confirmation. Once the payment is validated (i.e., after confirmation of the actual and final release of the amounts due on the Seller's account), the Client will receive a confirmation email at the address they provided, as well as their invoice.

However, the Seller remains the exclusive owner of the sold products until full payment of all amounts due within the framework of the Client's order.

Article 3.2.2. Securing payment methods through banking solutions

The Seller uses the following payment provider(s):

Caisse d'Epargne, via the PayPlug solution
PayPal

Payment security can be is achieved via 3D secure, with the site being subject to the SSL protocol allowing to secure the payment process by encrypting the transmitted data. No banking data is recorded or stored on the site's servers.

No data relating to the Customer's payment methods is collected by the Site. Payment is made directly to the Bank or payment provider receiving the Customer's payment.

Article 3.3. Billing

The Seller will send the Client an invoice in digital format with a qualified electronic signature only. These invoices give full right to input tax deduction.
By choosing to place an order with the Seller, the Client declares unreserved acceptance of this form of invoice transmission.

Purchase orders, proofs, and invoices are archived on a reliable and durable medium constituting a faithful copy. Computerized records are considered by the parties as proof of communications, orders, payments, and transactions between them.

Article 3.4. Recovery - Late Payment Penalties - Penalty Clause

Article 3.4.1. Fate of ongoing orders

In case of late payment, the Seller reserves the right to suspend all pending orders, without prejudice to any other course of action.nnIn case of non-payment 48 hours after an unsuccessful formal notice, the Seller reserves the right to pronounce the cancellation of the sale and may request in summary proceedings the return of the ordered products without prejudice to any other damages.nnThis resolution, at the Seller's choice, may affect only the order in question or all future orders or unpaid previous ones, whether they have been delivered or are in the process of being delivered, whether their payment is due or not.

Article 3.4.2. Recovery

In case of late payment, the Client will immediately and automatically be liable for the entire outstanding balance, increased by any collection costs and/or penalties that will be borne by the Client. No prior formal notice will be necessary.nnUnder no circumstances may payments be suspended or be subject to any compensation without prior written agreement from the Seller. In case of payment by commercial paper, failure to return the paper will be considered as a refusal of acceptance comparable to a default of payment. Similarly, when payment is staggered, non-payment of a single installment will result in the immediate enforceability of the entire debt without formal notice.nnAny partial payment will first be applied to the non-privileged part of the claim, then to the amounts whose enforceability is older, with the Client also committing to reimburse all costs incurred by the contentious recovery of amounts due, including the fees of ministerial officers.nnThe Seller or any other person mandated by them for this purpose will be responsible for the recovery of amounts due under this contract and will ensure the distribution to the beneficiaries of the portion of monthly payments corresponding to the remuneration for the provision of the services designated above.

Article 3.4.3. Late payment penalties

Notwithstanding Articles 1236-6 et seq. of the Civil Code, any sum not paid by the due date set by these GTC or, failing that, set by the Special Conditions agreed between the parties will automatically result, without formality or formal notice, from the day following the payment date specified on the invoice, in the application of late payment penalties equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) points. These interests will run from the due date until full payment.

A fixed compensation for recovery costs of 40 (forty) euros will also be automatically due without prior notification to the Customer in accordance with Article 121-II of Law No. 2012-87 of March 22, 2012 of the Commercial Code, with the Seller reserving the right to request from the Customer an additional sum if the recovery costs incurred exceed this amount.

Article 3.4.4 Penalty Clause

In all cases of termination due to the Client's fault, the Seller reserves the right to invoice an amount corresponding to 10 (ten) percent of the order amount, including any amendments, as a penalty clause.

Article 4. Warranty

Article 4.1. Product return

Any product return must systematically be preceded by the prior agreement of the Seller. Otherwise, products will be returned postage due. Returned products must be accompanied by their original packaging for the claim to be accepted.

Article 4.2. Hidden Defects / Defectiveness

Article 4.2.1. Hidden Defects

The Customer benefits from the legal warranty against hidden defects under the conditions provided by law, provided that they prove the hidden defect within the legal deadlines in force.

Article 4.2.2. Defectiveness

If all or part of the delivered products are defective or if assured characteristics are missing, the Seller may choose either (i) to replace the product(s) in question, or (ii) to repair the product(s) in question. In this case, the Seller will request a deadline from the Customer for the repair of the product(s).

Excluding any other request, if the Seller does not fulfill its obligation to replace or repair (or if it is not complete), the Customer may, at their choice, either (i) request a refund of the price upon return of the product(s) in question, or (ii) request a reduction in the price of the product(s) in question.

In any case, the Seller remains responsible for replacement deliveries and repair work under the same conditions as those relating to the delivery of the original goods. However, the Customer cannot challenge the entire delivery if only a part of the products is affected by a defect, the limitation period being 1 (one) year.

Article 4.2. Warranty Exclusion

The following are excluded from any warranty:
Uses and maintenance defects not in compliance with the product;
Deterioration due to handling errors, abusive or abnormal use, intentional or accidental physical modification;
Cases, packaging, spare parts, or accessories whose replacement results from their normal wear and tear, or routine maintenance operations;
Transport and modification costs of products, in case of recall by the manufacturer for series defects;
Deterioration due to external events (lightning, water damage, etc.);
Interventions carried out on the product by any person not authorized by the Seller.

Article 5. Liability (limitation)

Article 5.1. As a reminder, the information appearing on the site such as photographs, product sheets, prices ... are given for information purposes only.nThe Seller strives to ensure the accuracy of the information presented. In case of error or omission, the Seller undertakes, if necessary, to rectify errors or omissions that may occur as soon as possible after becoming aware of them. However, its liability cannot be engaged for simple errors or omissions that may have persisted despite all precautions taken in the presentation of products. The same applies to any changes to products decided by manufacturers.nnFurthermore, and in accordance with current legislation, the Seller is not responsible for the non-performance or poor performance of the contract that would be attributable to (i) the Customer if they are a consumer, (ii) the insurmountable and unforeseeable fact of a third party to the contract or (iii) a case of force majeure as defined herein.nnArticle 5.2. The liability of the Seller, its employees, collaborators, commercial agents, and representatives can only be engaged for the products that are the object of the contract themselves. It is notably excluded for all direct, indirect, material, and immaterial damages such as lost profits, patrimonial damage, loss of market, benefits, chance, deprivation of enjoyment, production stoppage, ... that the Customer might suffer.nThe Seller, its employees, collaborators, commercial agents, and representatives can only be held liable for damages resulting from gross negligence or intentional misconduct.nnArticle 5.3. In all cases where the Seller's liability could be retained, the amount of damages that could be owed to the Customer shall not exceed the total amount of the invoice in question.

Article 6. Ownership Rights, Archiving, Copyright

Article 6.1. Seller's Property Rights

The data media manufactured and used by the Seller during production remain the exclusive property of the latter.
Similarly, the content of the website www.distrolutionmerch.com is the exclusive property of SARL LEGAMEDIA and its potential partners, and is therefore protected by French and international laws relating to copyright and intellectual property. Any total or partial reproduction of this content is therefore strictly prohibited and likely to constitute an offense of counterfeiting and/or unfair competition.

Article 6.2. Fate of computer data and other products

No computer data or any other product or object that can be reused for subsequent orders, including any prototype or finished products wholly or partially but not delivered, will be retained by the Seller or transmitted to the Client once the delivery deadline has expired.nAll of these products and/or data will be systematically destroyed.

Article 6.3. Customer's Property Rights - Warranty

It is reminded that all products subject to the order are manufactured from elements provided and/or printing data transmitted by the Client to the Seller. The latter therefore has no influence on the content of the printed products.

The Customer declares to be the holder of all exploitation rights relating to the works, in all their components (image, sound, text, video), as contained on the masters submitted to the Seller for reproduction. They acknowledge having paid to the rights holders (individuals or organizations), both French and foreign, all royalties related to the works (example: authorization from SACEM in France, SABAM in Belgium, SUISA in Switzerland, ....) and undertake to transmit all authorizations to the Seller upon first request. In the absence of presentation after a first reminder, the Seller may pronounce the termination of the contract to the exclusive detriment of the Customer as of right. Given the particular cause of termination, and because the Customer cannot ignore the obligation, the Seller reserves in this particular case the possibility of invoicing a compensation equal to the amount already paid by the Customer.nnIn all cases, the Customer expressly guarantees the Seller against any action related to non-compliance with current legislation (intellectual property, lack of authorization request, refused authorization, ...).nnThe same applies to all distinctive signs (trademarks, designs, photographs, acronyms, logos) whose manufacture would be entrusted to the Seller.

If the Client transmits a personal motif or influences the product (textual personalization), they assure the Seller that text(s) and motif(s) are free from third-party rights. They also ensure that they do not infringe any other third-party rights by individualizing the product. In case of dispute and/or action relating to property rights and/or unfair competition, the Client unconditionally guarantees the Seller.nnIn case of violation of a third party's protection titles, the Client declares to be solely responsible for the content of their products and assumes sole responsibility and potential consequence(s). Consequently, the Client fully guarantees the Seller against any action in property rights or unfair competition such as violation of copyright, personality rights or the right to a name.nnSimilarly, the Client declares to be solely responsible for the content of their products. It is particularly their responsibility to ensure that the contents provided comply with the rules and public order of France, their country and the country of exploitation.nnThe Client unconditionally guarantees the Seller in case the latter is called upon, particularly for copyright infringements or due to the use of data that have been made available to them by the Client.

Article 7. Data Protection and Privacy - GDPR

In application of law 78-17 of January 6, 1978, it is reminded that the personal information relating to the Client is essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide this information results in the non-validation of the order.
In accordance with the "Information Technology and Civil Liberties" law, the processing of personal information relating to Clients has been declared to the National Commission for Information Technology and Civil Liberties (CNIL). The Client has a right of access, modification, information, rectification and deletion of data concerning them, which they can exercise with the Seller by email or in writing.
Finally, the Seller undertakes not to communicate, free of charge or with consideration, the contact details of its Clients to a third party.

Article 8. Commercial Reference

The Client acknowledges that the Seller is authorized to cite their name as a commercial reference, unless expressly requested otherwise by the Client.

Article 9. Intuitu personae

This contract is concluded in consideration of the Client, who will therefore not be authorized to assign this contract.

Article 10. Validity - Partial invalidity

If one or more clauses of this contract become void, the validity of the other clauses of this contract would not be affected, the Parties will be required to replace the void clause with a clause that best achieves the originally intended objective.

Article 11. Competent jurisdiction - contract language - mediation

Any dispute between the parties relating to their contractual relationships and in particular to the interpretation, execution and/or termination of this contract shall be subject to the exclusive jurisdiction of the Courts of the Seller's Registered Office and, in any case, of the French Courts and shall be previously submitted to mediation.
The language of this contract is French to the exclusion of any other language. If this contract were to be translated, the primary value would be the French value. In case of translation disagreement, the French translation will systematically predominate.

ONEY x PAYPLUG GENERAL TERMS AND CONDITIONS OF SALE

Pay for your order in 3 or 4 installments by credit card from €100 of purchases up to €3000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from 100€ to 3000€ in 3 or 4 installments with your credit card.

Terms: This offer is reserved for individuals (adults) residing in France and holding a Visa or MasterCard credit card with an expiration date beyond the chosen financing period. Systematically authorized cards, particularly Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express are not accepted.

Subscription methods: After completing your order, simply click on the "3x 4x Oney payment by credit card" button. You are then redirected to the 3x 4x Oney internet page of our partner displaying the detailed summary of your order and the personalized financing request, which you must then validate.

You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials associated with your 3x 4x Oney account. You review the general terms and conditions for installment payments that you wish to subscribe to, which are provided to you in PDF format so that you can read, print, and save them before accepting. You then indicate your electronic acceptance by checking the corresponding box.

You acknowledge that the "double click" associated with the checkbox on the acknowledgment of the general conditions constitutes consent to contract and an irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and recovery of credit. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to cancel your credit.

How it works: Payment in 3 or 4 installments by credit card allows you to pay for the order made on our merchant site as follows:

a mandatory deposit, debited on the day of confirmation of your order shipment, corresponding to one-third or one-quarter of the order, to which fees are added corresponding to 1.45% of the total order amount for a 3-installment plan and 2.2% for a 4-installment plan (up to a maximum of €15 for a 3-installment payment and €30 for a 4-installment payment)
two or three monthly installments, each corresponding to one-third or one-quarter of the order, collected 30 and 60 days later for the 3-installment plan and 30, 60, and 90 days later for the 4-installment plan.

Example: For a purchase of €150, down payment of €52.18 then 2 monthly installments of €50.

Credit for a duration of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 within the limit of €15 maximum.

Example: For a purchase of €400, down payment of €108.80 then 3 monthly installments of €100.

3-month credit at a fixed APR of 19.61%. Financing cost: €8.80 up to a maximum of €30.

Oney Bank - SA with a capital of 51,286,585€ - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr