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GENERAL TERMS OF SALE

Article 1 - Application and opposability of the General Terms of Sale for distance or online sale

The current General Terms of Sale (hereafter « CGV ») are systematically submitted by CEPACI (hereafter, « CEPACI ») to each client (hereafter, « Client ») in order to allow him/her to complete his/her purchase. The current CGV are accessible through a hypertext link on the website http://www.african-percussion.net (hereafter, « African-percussion.net »). The items offered for sale by CEPACI are accessible through African-percussion.net.

The Client declares that he/she has agreed to these dispositions before placing an order and accepts expressly and irrevocably the terms listed hereafter. No particular or contrary condition may, except through formal written acceptance by CEPACI, prevail over the CGV.

The items listed for sale by CEPACI are reserved for legal persons and adult individuals. The Client declares that he/she is capable of accepting the current contract in which the CGV are presented below, to be of legal age, not under trusteeship nor guardianship, or disposing of the necessary powers to authorize this action.

The fact that CEPACI does not avail itself at any given moment of one of the current CGV shall not be interpreted as equaling its renunciation of the right to avail itself of them later.

Article 2 - Orders

2.1 Validity of the order

CEPACI facilitates the Client’s ability to grasp the essential characteristics of the items offered for sale. Orders sent from African-percussion.net are recorded as soon as the Client confirms his/ her order.

The order is then confirmed to the Client and an order number is sent. This confirmation informs him/her that the order has been received by CEPACI, not that the item(s) ordered are available.

The data recorded by CEPACI from African-percussion.net constitute the proof of the entirety of the transactions between the Client and CEPACI. The validity of the order shall be for ten (10) days after its confirmation by the Client. Beyond this date, the order shall be cancelled.

2.2 Editing an order

Any changes to an order cannot be made unless it is confirmed in writing by the Client before the shipment of any items. If an order is changed, the date recorded for the order shall be the date of the confirmation of the changes made to the order.

2.3 Availability

Items for sale by CEPACI are valid as long as stock is available, meaning stock at CEPACI.

Article 3 - Prices

Items for sale are sold at the prices fixed at the time the order is placed. Prices are listed in Euros, including all taxes (TTC). Shipping is added afterward.

Shipping fees are billed to the Client according to the rate applicable on the date the order is placed.

CEPACI has the right to modify its prices at any time, however all items will be billed based on the prices listed at the time the order is placed.

3.1 Terms of payment

The Client’s invoice is established by CEPACI and sent to the Client by email.

Payment may be made using credit cards accepted by CEPACI (MasterCard, Visa), by a wire transfer to the bank account or the PayPal account of CEPACI, information which will be communicated to the Client at the time the order is placed or by a postal money order made out to CEPACI and sent to the following address: CEPACI, 290 avenue du Parc des Expositions, 33260 La Teste de Buch, France.

The credit card is charged when the payment is confirmed by the Client.

3.2 Payment security

In order to optimize the security of transactions made on African-percussion.net, a system of SSL (Secured Socket Layer) online payment made available by the Crédit Agricole is offered to the Client, allowing the encryption of the number of the credit card and its expiration date.

In order to benefit from the SSL secured payment system, the Client must use a browser compatible with the SSL system.

Furthermore, the Client, in order to verify that he/she is physically in possession of the credit card, will be asked to enter the three numbers (or visual cryptogram) on the back of the credit card when entering the account numbers at the time of purchase.

If the bank of the account holder of the card is equipped with the 3D Secure protocol, the Client will also be asked for a password like the birth date of the account holder or a one time dynamic code.

These supplementary verifications allow us to reinforce the security of online payments.

3.3 Delay in payment

If payment is delayed, CEPACI may suspend all of the Client’s pending orders, without giving up its right to any other cause of action. All sums not paid by the date listed on the invoice, shall, without prior formal notice, incur penalties equivalent to 1.5x the prevailing legal interest rate. These penalties shall be payable if requested by CEPACI.

3.4 Reimbursements

Regardless of the form of payment used in a purchase, all reimbursements to the Client shall be made via bank check or wire transfer. Full bank routing information may then be requested. Reimbursements shall be made within thirty (30) days of receiving the request.

Reimbursements made to the Client shall be equal to the price he/she paid.

Article 4 - Delivery

4.1 Means of delivery

Deliveries are made from the stock available at CEPACI and in the order the order was received. CEPACI is authorized to ship both globally and domestically.

The Client is required to perform his/her due diligence to complete the delivery process. He/she is required to furnish complete information relative to the shipping address (exact address, door code if applicable, etc.) Otherwise, CEPACI cannot be held responsible for non-delivery.

In case of non-delivery, item(s) in the order shall be returned to CEPACI and the Client shall contact CEPACI (whose information is listed in Article 7) in order to begin the process of recovering his/her order. CEPACI shall not be responsible for the Client’s recovery of the item(s) ordered.

4.2 Delays

For all orders received and confirmed before 1:00 PM (Monday-Friday only), CEPACI will deliver the order according to the country of destination.

  • United-Kingdom: 6 business days
  • other countries: 4 to 20 business days

Orders received and confirmed from Friday at 1:00 PM to Sunday at 12 midnight will receive priority treatment the following Monday. Orders received and confirmed on a French legal holiday or the day before a legal holiday will require 1 further business day.

The delivery requirement counts as of the reception of payment by CEPACI.

The listed shipping delays include handling of the order and preparation for shipping.

If at the delivery deadline specified, the order has not been delivered, except in the case of Force Majeure as described hereafter, the sale may be resolved if requested by either party. The Client may then be reimbursed for his/her payment, excluding all other indemnities or fees for damages.

In any case, delivery deadlines are only applicable if the Client has fully paid his/her obligations to CEPACI.

4.3 Risks

Deliveries are made by a transporter or a service chosen by CEPACI. Goods travel at the risk of CEPACI.

4.5 Order follow-up

The buyer may track the progress of his/her order by contacting CEPACI at the email address contact@percussion-africaine.com or via the contact form on http://www.african-percussion.net/contact-informations.

Article 5 - Defects, non-conformity

The Client should check the packing and the conformity of the item(s) delivered.

All claims as to defects or the non-conformity of item(s) delivered must be made by the Client within 48 hours from the date of delivery, by contacting CEPACI at the email address contact@percussion-africaine.com or using the contact form on http://www.african-percussion.net/contact-informations.

If a claim is not made within the required time, delivered item(s) will be deemed to be acceptable to the Client.

Items may only be exchanged after being returned to and received by CEPACI, in their original state, as delivered by CEPACI.

The Client must furnish all justification/proof relative to any defects or anomalies. He/she shall allow CEPACI time to verify any defects and to offer a solution. The Client will not intervene him-or herself, nor introduce a third party. If item(s) delivered do not match the order made, CEPACI will find a solution or reimburse the Client

Article 6 - Right of retraction

Since this order process is online, the Client shall have fifteen (15) full days from the date of reception of the order to cancel it, without cause, nor fees except for shipping fees. This may be achieved by returning the item(s) ordered to the address listed in Article 7 within fifteen (15) days. Item(s) for which reimbursement is requested must be returned in their original condition, package and all accessories included. In this case, the Client shall be reimbursed for item(s) invoiced and paid for by CEPACI, at the latest thirty (30) days after the cancelling of the order.

If the 15 day period concludes on a Saturday, Sunday or French legal holiday, it may be prolonged to the next business day.

After the fifteen (15) day period has elapsed, CEPACI has the right to accept or not, exceptionally, the request for cancellation, depending on the reason given.

Article 7 - CEPACI

CEPACI is available to Clients Monday to Friday from 10 AM - 6 PM (except French legal holidays), to respond to all questions about the services offered or for Customer Service.

The Client may reach CEPACI by mail, CEPACI, 290 avenue du Parc des Expositions, 33260 La Teste de Buch, France, by email, contact@percussion-africaine.com or by using the contact form on http://www.african-percussion.net/contact-informations.

Article 8 - Responsibility of CEPACI

CEPACI may not be held responsible for any damages or accidents, directly or indirectly linked to the use or possession of the item(s) furnished by CEPACI.

Article 9 - Force majeure

The parties shall not be held responsible for loss, damage, delay, non-execution or partial execution resulting directly or indirectly from a cause which could be interpreted by a French court as being a case of force majeure, (hereafter « Case of Force Majeure »). Each party shall notify the other as soon as possible, in writing, of any occurrence of a Case of Force Majeure. The obligations of the party victim to the Case of Force Majeure, and in particular, the time period required for the execution of its obligations, shall be suspended, without that party being sanctioned or held responsible.

Both parties shall try to reduce the effects of any Case of Force Majeure, especially if it impedes one of the parties from executing its essential obligation in the order process. Each party may cancel the order involved with a registered letter with proof of delivery or by any other means, without indemnity for either party. The cancellation shall become effective on the date the registered letter is received.

Article 10 - Personal information

CEPACI takes great care to ensure the protection and confidentiality of all personal information which it receives or handles, per the provisions of Law #78-17 of January 6, 1978, regarding computer information and freedom.

In accordance with the provisions of this law, the Client shall have the right to access, examine, oppose and edit any information about him/her by addressing a registered letter to that effect to CEPACI with proof of delivery, to the address listed in article 7.

Information gathered by the Client as part of the sale may not be communicated to polling institutions or studies analyzing its data as part of their activities. This information may only be used by CEPACI for commercial or informational purposes.

CEPACI does not have the right to communicate or grant access, free of charge or for a consideration, this information to any third party.

Article 11 - Jurisdiction - Disputes

In case of dispute, CEPACI and the Client will look for an amiable resolution before undertaking any other action

Article 12 - Applicable law

Both parties agree that their contact is subject to French law and in particular to regulations applicable to online selling.