Copyright © 2019 Stereocap - All rights reserved.

TERMS OF SALES

1. Company Information

These general conditions of sale (the "General Conditions of Sale") are those of SAS STEREOCAP, a simplified joint-stock company with a capital of 500 euros, whose registered office is located at 7 rue Castellane - 75008 Paris - FRANCE, registered at Paris Trade and Companies Register under number 830 827 739, Intracommunity VAT number: FR 38 830827739, email: contact@stereocap.com.

2. Overview

The General Conditions of Sale are applicable to all online sales by Stereocap of products offered for sale on the website www.stereocapaudio.com (the « Website ») intended for end consumers, to the exclusion of all other conditions, in particular those in force in stores. Stereocap sells the products on its Site only at retail and to end consumers, any purchase of products for resale is strictly prohibited.

The General Conditions of Sale applicable to the sale are those in force on the date of placing the order.

It is recommended that the customer read these conditions carefully before submitting their order to us. These conditions allow the customer to know the identity of Stereocap, how Stereocap will supply the products to the customer, how Stereocap and the customer may change or terminate the contract, what to do in the event of a problem and other information important. If the customer considers that there is an error in these conditions, we invite him to report it to this email address contact@stereocap.com

Exceptional conditions can only be valid if they have been accepted by the parties.

Stereocap reserves the right to modify the General Conditions of Sale at any time, the new General Conditions of Sale applying to any offer or order made after the entry into force of such a modification.

The General Conditions of Sale in force are accessible at any time on the Site.

Unless proven otherwise, the data recorded on the Site constitutes proof of all transactions between Stereocap and its customers for sales made on the Site.

The Site is written in English.

3. Order procedure

3.1. Product selection

Any order on the Stereocap online store is exclusively made on the Site.

The customer adds products to his selection by clicking on the "Order online / Add to Cart" button and continues his navigation by clicking on "Continue".

The customer can, at any time, view the products selected in his basket by clicking on "View Details / My basket" and be aware of the payment options offered by Stereocap as well as the costs and delivery times.

3.2. Recording of the order

After selecting the product (s), the customer checks the details of his order and the price to be paid and corrects any errors before confirming the order.

The customer completes the information necessary for the proper delivery of his order (he communicates in particular his name, first name, telephone number, delivery address and email address), then is invited to read carefully the conditions of use and the privacy statement Stereocap before submitting its order to us.

The customer is then invited to select the payment method of his choice and to enter the relevant information.

3.3. Final validation of the order

At the end of the ordering process, the customer declares to have read and to have unconditionally accepted the "General Conditions of Sale" by checking the box provided for this purpose and definitively validates his order by clicking on the "Pay for your purchases" button. Any validation of the order implies the unconditional acceptance by the customer of the General Conditions of Sale.

After validation of the customer's order and confirmation of payment, Stereocap sends the customer an order confirmation electronically. The sales contract is then definitively formed.

Any modification of the order by the customer after a possible modification of Stereocap's prices will result in the automatic application of the new prices.

Stereocap reserves the right to refuse or cancel any order for a legitimate reason, relating for example to a difficulty in supplying a product, a problem concerning the understanding of the order received (illegible document, missing information, etc. ), or due to the abnormality of the order placed on the Site (excessive quantities for domestic use, etc.). In this case, an e-mail will be sent to the customer using the email address provided by the customer in place of sending an order acceptance and Stereocap will not charge the amounts to be paid or, where applicable , will reimburse the customer for the sums already received for the refused or canceled order.

4. Right to retract

4.1. Right and withdrawal period

The customer has the legal right to retract, without having to justify any reason, within fourteen (14) days from the date of receipt by the customer of the product ordered on the Site.

If the order is made up of several products delivered separately, the withdrawal period for all the products concerned by this order runs from the date of receipt of the last product.

4.2. Conditions for exercising the right of withdrawal


To exercise his right of withdrawal, the customer must notify his intention to retract to Stereocap, before the expiration of the period of fourteen (14) days referred to above. To do this, he can use the following methods:

- By letter: Send an unambiguous declaration clearly expressing its desire to retract to the following address: SAS STEREOCAP, 7 rue Castellane - 75008 Paris - France

- By e-mail to the following address: contact@stereocap.com

Pour toute information sur les modalités de rétractation, le client peut contacter le Service Client de Stereocap dont les coordonnées figurent à l’article 20 ci-dessous.

4.3. Deadline and methods of return and refund

The customer has a period of fourteen (14) days from the notification to Stereocap of his intention to retract to return the products, at his expense and under his responsibility, by post to the following address: SAS STEREOCAP , 7 rue Castellane - 75008 Paris - France. To return a product, the customer is invited to contact Stereocap Customer Service who will organize the return of the product concerned, at no cost to the customer. Stereocap will send the customer a prepaid return label to affix to the package, as well as the protective packaging for the product if necessary. The customer will then deposit the package at the office of the Stereocap transporter closest to his home. Stereocap may also offer, if the package is too large, a free return of the products to its home. In this case, the carrier designated by Stereocap will contact the customer to agree on a date for the return of the products.

The customer who opts for a free return of products at home agrees to make himself available on the dates offered to him by the carrier, so as not to excessively delay the return of products by Stereocap, the return of products before any state intervene within the legal period of fourteen (14) days available to the customer to return the unwanted products. Stereocap reserves the right to refuse to make such a recovery which would occur after the expiration of the legal period of fourteen (14) days to retract, on the condition that the expiration of this period without return is attributable to the customer.

To be reimbursed, the products must be returned accompanied by a copy of the purchase invoice, in their original condition and packaging, taking into account the fact that the customer only has the right to carry out checks on the product that it would have been able to carry out when purchasing from a physical point of sale. Products which have been used by the customer after their delivery cannot be returned. The serial number label must not have been removed or deleted.

If the conditions set out above are met, Stereocap will send an email to the customer confirming that the returned product has been received and will reimburse the customer for all of the sums incurred when ordering the returned products, including delivery costs ( on the basis of the standard delivery method offered by Stereocap), using the same means of payment as that used by the customer for payment, at the latest within fourteen (14) days from the date of receipt by Stereocap of returned products or proof of shipment.

Stereocap does not reimburse the additional costs incurred if necessary if the customer has chosen a more expensive delivery method than the standard delivery method offered by Stereocap and defined as such during the ordering process.

5. Prices

The customer is invoiced according to the prices and in the currency indicated on the Site, as confirmed during the validation of the order.

Unless otherwise specified in writing by Stereocap during the final validation of the order, prices are understood to include taxes and standard packaging costs, shipping costs not included, Stereocap reserving the choice of means of transport.

In the event that the customer requests to benefit from a particular means of transport, this will be the subject of a separate agreement and invoicing, without any reduction in the prices of the products.

6. Payment options

Payment for products is made by online bank card (Visa, Mastercard, American Express), Paypal or by bank transfer. The customer first selects the payment method of his choice.

Within the framework of a payment by bank card, after having selected the card of his choice, the customer seizes the number of his bank card, its expiration date as well as the last three numbers appearing on the back of his card. The customer guarantees that he has the necessary authorizations to use the payment method chosen when confirming the order.

Any payment incident will result in the automatic cancellation of the order and / or the immediate suspension of product delivery.

The order will be shipped upon receipt of full payment from the customer.

7. Product overview

In accordance with article L. 111-1 of the Consumer Code, the customer has the possibility, prior to his order, of acquainting himself on the Site with the essential characteristics of the product (s) he wishes to order.

Stereocap certifies the veracity of all the information relating to the characteristics of the products communicated on the Site. The customer is invited to refer to the descriptions of each product to know the precise characteristics and, in case of doubt or for any additional information, to contact the Customer Service whose contact details are given in article 20 below.

Stereocap takes great care in presenting the products on the Site, in particular to represent the colors of the products faithfully. However, the photographs and graphics illustrating the products are only illustrative and slight variations may occur. Stereocap cannot guarantee that the colors represented on the image of a product reflect the colors of the product. Similarly, the packaging of the product may be different from that shown on the images available on the Site. Stereocap cannot be held liable for this in the event of a difference between the characteristics of the product and their representation.

8. Product availability

The product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks.

Exceptionally, errors or changes in stock can occur. In the event of unavailability of one of the products after placing the order, the customer is informed without delay by e-mail (or by post if he has not provided an electronic address) of the unavailability of product (s) and delivery of a partial order or cancellation of the order.

In the event of total or partial cancellation of the order for unavailability, the customer's bank account will not be debited for the sums corresponding to the unavailable products. If the debit has already been made, the customer will be reimbursed at the latest within fourteen (14) days following the date of cancellation of the order of the sums which he has paid for the unavailable products.

9. Shipments

The products purchased on the Site are available for international deliveries in whole mode. They are delivered to the delivery address indicated when ordering. The customer is responsible for the accuracy of the information provided when ordering. In the event of an error in the wording of the recipient's contact details (in particular surname, first name, number and street name, postal code, city name, telephone number or e-mail address), Stereocap cannot be held responsible for the 'impossibility of delivering the order.

Delivery is made by the private transporter chosen by Stereocap, in standard mode.

If the customer is not present at the delivery address he indicated when ordering on the day of delivery, a delivery notice is left in his mailbox, telling him to collect his package at the office of the carrier and within the period indicated in the calling card. After this time, the package is returned to Stereocap.

The customer acknowledges that delivery is considered to have been made when the package is delivered to the mailbox, directly at the customer's home or at the carrier's office, proof of delivery by the carrier being taken.

Stereocap undertakes to deliver the products no later than 15 (fifteen) working days after validation of the order by Stereocap. The delivery time is confirmed to the customer before he definitively validates his order online, then in the order confirmation email sent to him.

The customer can cancel his order, by registered letter with request for acknowledgment of receipt or in writing on any other durable medium, if, after having ordered, in the same manner, Stereocap to make delivery within a reasonable additional time, Stereocap did not comply within this period.

The order is considered canceled upon receipt by Stereocap of the letter or written notice informing it of this cancellation, unless Stereocap has been executed in the meantime.

Stereocap then agrees to reimburse the customer for all sums paid by the customer for Products not delivered within a maximum of thirty (30) days from the date of cancellation of the order by the customer. Beyond that, Stereocap may be subject to the increases provided for in article L. 241-4 of the Consumer Code.

10. Transport - Reception - Reservations

It is the customer's responsibility to check the conformity of the products and the condition of their packaging upon delivery.
In case of deterioration of the package or apparent anomaly (damaged, open package, etc.), the customer must:

  • If he personally takes delivery of the products from the carrier and is able to make his reservations to the latter: indicate his reservations on the delivery slip presented by the carrier at the time of delivery; and

  • Report your reservations to Stereocap Customer Service, the details of which are provided in Article 20, within 3 (Three) days after delivery.

 

Failing to follow this procedure, and without prejudice to the benefit of the legal guarantees mentioned in article 13, Stereocap will not take charge of any claim.

Stereocap undertakes to reimburse or exchange products which do not correspond to the order.

The customer must report any detectable non-compliance and return the product (s) to Stereocap, following the return procedure detailed in article 13.3 below. Stereocap will exchange or reimburse them after examining the returned product (s). If the returned items are incomplete, damaged or excessively soiled, they will not be taken back by Stereocap. In no case may the return, exchange or refund be requested and / or made in store.

11. Use of Personal Data

Payments made by credit card on the Site are made through the secure payment providers Paypal and Stripe. In order to confirm the transaction, the customer must accept the transfer and storage of their financial data, names, address and all other information necessary for the secure payment providers Paypal and Stripe.

Your personal information is processed by Stripe E-Commerce Solutions as a data controller, for the purposes of preventing and combating fraud (determining the risk levels associated with transactions, detecting and managing any resulting alerts, informing sellers in order to allow them to make decisions, “manual” review of transactions presenting a specific level of risk, modeling of results).

The collection of some of your personal data is imperatively required for this purpose. Without this data, your transaction could be delayed or made impossible and your order canceled.

This data is intended for the authorized departments of the Paypal and Stripe entities involved in such processing, the seller, as well as any third party whose intervention is necessary to enable the proper payment and the operation of the services offered.

12. Retention of title - Transfer of risks

Stereocap reserves the ownership of each product delivered until Stereocap receives full payment of the amount due for said product. The transfer of risks relating to the products occurs when the products are handed over to the consumer, Stereocap remaining responsible in the event of loss, theft, deterioration or destruction during transport.

In the event of non-payment, Stereocap reserves the right to bring a claim for each product concerned.

13. Guarantees

13.1 Legal guarantee of conformity and guarantee of hidden defects

The guarantor of the conformity of the products sold as well as their defects in the event of a hidden defect is the company SAS STEREOCAP, 7 rue Castellane - 75008 Paris - France, and any request made by the customer under the legal guarantee of conformity or the warranty for hidden defects must be sent to Stereocap Customer Service, the details of which are given in article 20 below.
Stereocap is liable for any lack of conformity of the product sold under the conditions provided for in articles L.217-4 and following of the consumer code as well as hidden defects of the product sold under the conditions provided for in articles 1641 and following of the Civil Code.

When the customer acts as a legal guarantee of conformity, he has a period of two (2) years from the delivery of the product to act. The customer is exempt from reporting proof that the lack of conformity of the product existed at the time of delivery for any lack of conformity that would appear within twenty-four (24) months of the delivery of the product to the customer, unless proven otherwise from Stereocap.
The customer can choose between repairing or replacing the product, unless one of these two options involves a manifestly disproportionate cost for Stereocap taking into account the value of the Product or the extent of the defect in which case Stereocap reserves the right to opt for the second method not chosen by the customer, in accordance with the provisions of article L.217-9 of the Consumer Code.
In any event, Stereocap undertakes that the implementation of the conformity guarantee does not generate any costs for the customer.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The customer can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code, within two (2) years from the discovery of the defect. In this case, the customer can choose between returning the Product to Stereocap and having the price paid returned, or keeping the Product and obtaining a reduction in the sale price in accordance with article 1644 of the Civil Code.

13.2 Procedures for implementing guarantees

To return a product within the framework of the implementation of guarantees, the customer is invited to contact Stereocap Customer Service who will organize the return of the product concerned, at no cost to the customer.

Stereocap may request the customer to provide proof of purchase, including, but not limited to, a receipt or invoice.

Stereocap will organize the return of the product concerned at its expense and send the customer, within 24 hours, a prepaid return label by email.

The products must imperatively be returned in their original packaging or in a suitable protective packaging, using the prepaid return label sent by email to affix on the package. The customer will then deposit the package at the office of the Stereocap transporter closest to his home. Stereocap may also offer, if the package is too large, a free return of the products to its home. In this case, the carrier designated by Stereocap will contact the customer to agree on a date for the return of the products.

The label with the product serial number must not have been removed or deleted by the customer.

14. Stereocap liability

14.1 Product compliance with applicable law

The products offered comply with current Amerian legislation and the standards applicable in United States of America.

14.2 Scope of Stereocap's responsibility

Stereocap can only be held liable for the following damages:

  • damage or damage resulting from a non-performance or poor performance of its obligations under the contract which would be directly attributable to it, as well as to its subcontractors.
    In such an event, Stereocap's liability will be limited to repairing direct damage.

  • loss or damage resulting from a breach by Stereocap of its warranty obligations;

  • injury or damage resulting from willful misconduct or gross negligence on the part of Stereocap, a legal representative or agent of Stereocap;

  • injury or damage resulting from damage to life, physical integrity or health caused by willful misconduct or gross negligence by Stereocap, a legal representative or an agent of Stereocap;

  • complaints based on imperative legal provisions and in particular liability for defective products.
    This clause does not affect the legal burden of proof.
    Stereocap is only responsible for the content of internet pages published by Stereocap.

14.3 Limitation of Liability

Stereocap supplies the products only for domestic and private use, by end consumers. If the customer uses the products for commercial or resale purposes, Stereocap cannot be held liable vis-à-vis the customer for any loss of profit, loss of turnover, interruption of activity or loss of chance. Stereocap cannot be held responsible for any indirect damage suffered by the customer or by third parties as a result of the use of the products.
The total or partial inability to use the products for any reason beyond the control of Stereocap, in particular due to the use of incompatible equipment, will not give rise to any compensation, reimbursement or responsibility for Stereocap.

14.4 Force Majeure

Stereocap will in no way be responsible for a breach of the contract which would be due to a case of force majeure as defined in article 1218 of the Civil Code.

15. Intellectual property

All texts, comments, works, illustrations or images on the Site www.stereocapaudio.com are protected by copyright and intellectual property rights for the whole world.
The client must not modify the paper or digital copies of any medium that the client has printed or downloaded in any way and the client must not use any illustration, photograph, video or audio sequence or any drawing separately from the accompanying text . The status of Stereocap (and of any identified stakeholder) as author (s) of the content of the Site must be constantly recognized.
The customer must not use any part of the content of the Site for commercial purposes, without having obtained the authorization of Stereocap or the licensors of Stereocap for these purposes. If the customer prints, copies or downloads any part of the Site in violation of the conditions of use, the customer's right to use the Site will cease immediately and the customer must, at Stereocap's choice, return or destroy any copies of the media made by the customer.

16. Personal data

Stereocap complies with all laws applicable to data protection in France. Please refer to Stereocap Privacy Policy for complete information regarding customers' personal data.

The Website www.stereocapaudio.com is designed to pay special attention to customer needs. It is in particular for this reason that cookies are used.

17. Archiving of contracts

Stereocap undertakes to ensure for ten (10) years the conservation of any sales contract for an amount greater than 120 euros.

18. External links

The Website www.stereocapaudio.com may contain hypertext links redirecting the client to other sites. Stereocap does not make any commitment concerning any other site to which customers could have access via the Website www.stereocapaudio.com and is in no way responsible for the content, operation, services offered or access to these sites.
Stereocap may have to authorize other companies to present advertisements on its web pages. These companies are likely to place cookies and action tags (also called "simple pixel gif") on the computer of Internet users in order to be able to measure the effectiveness of their advertising. All information collected through these channels is anonymous. The customer has the possibility of refusing cookies and tag actions by modifying the browser settings. This can then alter the interactivity functions of the sites visited.

19. Securing

The Website www.stereocapaudio.com is the subject of a security system thanks to the SSL encryption process.

20. Customer Service - Contact

For any information or question, Customer Service is available to customers at the following address contact@stereocap.com
For any complaint relating to the products and / or request for the activation of the legal guarantees relating to the Products purchased on the Site, the customer must send his request in writing to: SAS STEREOCAP, 7 rue Castellane - 75008 Paris - France or by email :contact@stereocap.com

21. Applicable law - Competent jurisdiction

These General Conditions of Sale, as well as all the operations referred to by them and / or related to the sale by Stereocap of its products to the customer, are governed, interpreted and executed in accordance with French law, excluding the Vienna Convention on the International Sale of Goods. In the event of litigation, the customer will have the faculty to seize the competent court of the place of his residence, that of the place of delivery of the product or that of the place of occurrence of the harmful event.

22. Various

The fact for Stereocap not to assert a right under this contract does not imply renunciation of Stereocap to claim the application of other rights or of the same right later.
If any provision of these conditions should be considered illegal, invalid or unenforceable, this provision will be deemed to be canceled without affecting the validity and applicability of the other provisions of these conditions.
Stereocap is authorized to transfer this contract to third parties. Stereocap may transfer its rights and obligations under these conditions to another entity. In such an event, Stereocap will always inform the customer in writing (including by email) and will ensure that this transfer does not affect the rights of the customer under the contract.
No third party can have rights under this contract (with the exception of a person to whom the customer has transmitted its guarantee, in which case Stereocap may ask the person to whom the guarantee has been transferred to provide it with proof reasonable that she is now the owner of the property concerned). This contract is concluded between the client and Stereocap. No other person has the right to enforce any of its provisions.

Last update: February 12, 2020

APPENDIX: WARRANTIES OF STEREOCAP PRODUCTS

This document informs you of the nature and content of the various guarantees that apply to your Stereocap product, purchased directly from Stereocap or an authorized Stereocap reseller.

1. Legal guarantees applicable to your Stereocap product

Stereocap takes particular care to ensure compliance with the legal rights and guarantees from which you benefit as a consumer, and to facilitate the implementation thereof.
For any purchase by a consumer of a Stereocap product in France, Stereocap is bound by the legal guarantee of conformity of the products sold mentioned in articles L. 217-4 to L. 217-12 of the consumer code and that relating to hidden defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

The above texts are reproduced at the end of this document.
When the customer acts as a legal guarantee of conformity, he has a period of two (2) years from the delivery of the product to act. The customer is exempt from reporting proof that the lack of conformity of the product existed at the time of delivery for any lack of conformity which would appear within twenty-four (24) months of the delivery of the product to the customer, unless proven otherwise from Stereocap.
The customer can choose between repairing the product (Stereocap repairs the product using new or refurbished parts) or replacing the product (with a new or refurbished equivalent product), unless one of these two options involves a manifestly disproportionate cost for Stereocap taking into account the value of the Product or the importance of the defect in which case Stereocap reserves the right to opt for the second method not chosen by the customer, in accordance with the provisions of article L. 217-9 of the Consumer Code.
In any event, Stereocap undertakes that the implementation of the conformity guarantee does not generate any costs for the customer.
The customer can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code, within two (2) years from the discovery of the defect. In this case, the customer can choose between returning the Product to Stereocap and having the price paid returned, or keeping the Product and obtaining a reduction in the sale price in accordance with article 1644 of the Civil Code.

To activate the legal guarantees:

For any product purchased in France, the customer is invited to contact the Stereocap Customer Service by email at contact@stereocap.com

For products purchased abroad, please contact Customer Service where you purchased the product.
Stereocap may ask you to provide proof of purchase, including, but not limited to, a receipt or invoice.
Stereocap will organize the return of the product concerned at its expense by sending you, within 24 hours, a prepaid return label to affix on the package.
Products must imperatively be returned in their original packaging or in a suitable protective packaging, using the prepaid return label sent by email.
The label with the product serial number must not have been removed or deleted by the customer.
You can then drop the package off at the Stereocap transporter office closest to your home. Stereocap may also offer, if the package is too large, a free return of the products to your home. In this case, the carrier designated by Bose will contact you to agree on a date for the return of the products.

 

2. Reproduction of texts relating to legal guarantees

Regarding the legal guarantee of conformity:

  • Article L217-4 of the Consumer Code: “the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility"

  • Article L217-5 of the Consumer Code: "The goods comply with the contract:

    If it is suitable for the use normally expected of a similar good and, if applicable:

     

  • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
     

Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
 

  • Article L217-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods".

  • Article L217-16 of the Consumer Code (commercial guarantee): "When the buyer requests from the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request ”.

    Regarding the legal warranty for hidden defects:

     

  • Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it not acquired, or would have given only a lower price, if he had known them ”.

  • Article 1648, al. 1st: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".