Terms and Conditions

1 - OBJECT

These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between the company OVERDRIVE with a capital of 741 600,00 EUR - 39/41 rue Victor Massé 75009 Paris, SIRET 331 192 708 00070 hereinafter referred as “EUROGUITAR” and any natural or legal person wishing to purchase on the website Euroguitar.com hereinafter referred as the “Customer”.

The acquisition of goods or services through EUROGUITAR implies full acceptance of these Terms & Conditions by the Customer. These conditions are given for guidance; Euroguitar reserves the right to modify its conditions of sale at any time. In this case the applicable conditions of sale are those in force on the day the order was placed.

2 - AVAILABILITY

The products and prices are those published on Euroguitar.com, within the limitations of stocks available.

In the event of a product being unavailable after placing the order, whereas this same product was published as available online, Euroguitar will contact the Customer to offer the possibility to change his/her order or to cancel the order and be immediately refunded if his/her account has been charged.

It is possible that the number of products ordered on Euroguitar.com is greater than the number of products available in stock. In this case, the Customer wil be notified by Euroguitar in order to modify the order or inform the Customer of the date the product will be available or to cancel the order and be immediately refunded if his/her account has been charged. Euroguitar reserves the right to limit the number of orders by Customer account for a same product.

For the products not stocked in Euroguitar warehouses, products offered are subject to availability from suppliers. In this case, the Customer is notified while ordering online. This information comes directly from Euroguitar Suppliers; there may be errors or changes on exceptional basis. In this case, the Customer will be notified by Euroguitar in order to modify the order by an equivalent product or to cancel the order and be immediately refunded if his/her account has been charged.

3 - PRODUCTS DESCRIPTION

The pictures illustrating the products are as accurate as possible but cannot ensure 100% full similarity with the products, especially regarding to colours. Texts, descriptions and technical specifications are mainly from documentation provided by manufacturers or suppliers.

4 B-STOCK & EXPO PRODUCTS

The items named B-STOCK are mainly products returned by Customers with an aesthetic defect (varnish defect, dents, scratches, damaged surface, etc.) or with damaged packaging only. The items named EXPO are products of exhibition display in Euroguitar shops with an aesthetic defect or similar criteria to those cites above (B-Stock). In both cases, these products have lower prices and have been subject to careful examination by Euroguitar services and are covered by a warranty period identical to new products that are not B-Stock or Expo items. By buying these products, the Customer has the same legal right of return than any other product in Euroguitar catalogue.

NB: Considering these special offers are limited in quantity and often involve only one item, the availability can not be guaranteed.

5- PRICING

The prices of Euroguitar products delivered within Europe are shown in Euro inclusive of all taxes, excluding processing and shipping costs. The prices of Euroguitar products delivered outside Europe or DOM-TOM, Switzerland, Monaco are shown in Euro excluding taxes and excluding processing and shipping costs. The Customer pays the payment of applicable VAT and custom duty to his/her domestic Tax Authorities and Customs.

In order to offer the best prices, Euroguitar reserves the right to change its prices any time; the prices can change several times in the same day. However the price to pay by the Customer remain the price indicated on Euroguitar.com the day of final order confirmation made by the Customer. Shipping costs are indicated on every product and in the Customer basket. These cost are calculated before the final order confirmation made by the Customer. Depending on the price, the category of products, the type of shipment and the destination, the shipping costs can be free of charge.

The items shall remain the property of Euroguitar until full payment by the Customer. The risk of accidental loss and accidental deterioration of the sold items shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the Customer delays in accepting his/her order. Delivery shall be to the delivery address specified by the Customer. This also applies for partial deliveries.

6 - ORDERS

The Customer can order on the Internet at www.euroguitar.com or by phone calling the Euroguitar hotline telephone number +33 3 20 88 85 85.

To complete his/her order, the Customer shall fill the identification form and enter all the details requested such as his/her last name, first name, telephone number, email as well as all information necessary for delivery. To ensure the quality and the security of the Customer delivery, further information can be requested by Euroguitar (door access codes to buildings for example). The customer will complete the online order from providing all relevant product references and confirm his/her order in order to make payment though one of the payment options offered.

Confirmation of the order implies that the Customer accepts these conditions of sale, acknowledges having perfect knowledge of them. All data provided by the Customer and the final order confirmation equate as proof of the transaction and full acceptance of the transaction made by the Customer. Euroguitar will send every order confirmation automatically by email.

7 - TERMS OF PAYMENT

The Customer can pay online by one of these 100% secured payment options:

BY CREDIT CARD


The credit cards accepted are Visa, CB and Mastercard. To pay online by Credit Card and ensure the transaction by our secured protocol, the Customer shall complete his/her bank details by entering the 16 digit numbers, date of expiration and cryptogram of the credit card. The Customer’s order will be accepted after payment agreement and confirmation by our bank. Opposite case will lead to automatic order and payment cancellation. The total amount shall be debited on the Customer’s credit card as soon as the online order is submitted.

Euroguitar reserves the right to request proof of identity or credit card possession for any order made online. In case of fraud or attempted fraud, the competent judicial authorities will be entered immediately. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the Customer.Payments by credit card are processed via the security system using SSL protocol (Secure Socket Layer) so that all the information for your order and payment are encrypted and that no third party has access to it.



BY PAYPAL


PayPal is a company that offers an Internet payment service, allowing users to send their payments via the Internet with an email address, without having to disclose their credit card details for each transaction. The total amount shall be debited on the Customer’s Paypal account as soon as the online order is submitted.



BY CHECK


This payment method is only available for France Metropolitan, only in Euro and for maximum amount of 3000€. The customer’s order will be delivered after reception and cashing the check by Euroguitar. The goods shall remain the property of Euroguitar until full payment of the invoice has been made.

To pay by check the Customer shall:
• - Make a check payable to Euroguitar
• - Join a photocopy of both sides of the valid ID Card of the signatory (for purchases over 2000 €, 2 pieces of valid identification must be provided // for companies, a photocopy of extract K-bis must also be provided // and for association, a photocopy of the publication in the Official Journal with the registration number at the prefecture is mandatory)
• - Clearly indicate the order number or quotation at the back of the check
• - Send everything to Euroguitar Internet Services - 76 rue du Capitaine Guynemer 92400 Courbevoie.
• - The individual (key individual) customer wishing to pay by check shall imperatively send a check belonging to the individual of the delivery address. Moreover, billing and delivery address shall be identical.




BY BANK TRANSFER


For order above 50 € only. Payment by Bank Transfer shall be made within 8 days on Euroguitar Bank Account with clear indications to identify the order corresponding to the payment. The bank transfer fees are to be paid by the Customer.If the bank settlement failed within 8 days, the order will be cancelled. Euroguitar will deliver the Customer’s order after reception of the payment. The goods shall remain the property of Euroguitar until full payment of the invoice has been made.




8 - DELIVERY

Euroguitar offers several options to receive your order, depending on stock availability, total weight and country of delivery. The shipping times of orders are in working days and start from the day the order leaves Euroguitar warehouse in France from Monday to Friday.

Shipping costs are free from 30€ of orders on Euroguitar.com for a delivery in France Metropolitan with Standard Delivery option.

Shipping costs are also free for deliveries in some countries member of European Union. Select you delivery country in your basket, the shipping costs will be clearly indicated. The opposite case, shipping fees will be indicated.

Other countries with no shipping costs indicated in the customer basket need a quotation. Customers will be invited to send their request to customer service for a dedicated quotation with shipping fees. Countries out of UE shall reveive invoice excluding taxes. Payment of applicable VAT and custom duty to domestic Tax Authorities and Customs are at the Customer’s expense.




• - Express delivery (in France only): The orders are processed within 24H. Available only for products stocked in Euroguitar warehouses.
  
• - Standard delivery (in France & International): The orders are processed within 5 working days and delivered by post. If the Customer is not present, a delivery note is left in the post-box and the package will have to be collected from the post office indicated on the note.
  
  
• - Point of Relay (in France only): The Customer can choose to be delivered within 5 days in a selection of Point of Relay among 4600 local business. The Customer will receive an email and/or an SMS to be informed that his/her package is ready to be collected. The Customer can pick up hits/her order any time, during opening hours, within 14 calendar days, with a proof of identification such as an ID Card for example. This option is not available for products & orders over 30kg.
  
  
• - FREE Euroguitar Pick-Up & Go (in Euroguitar Store): The Customer can choose to collect his/her order for free in the Euroguitar store 36 rue Littré, 59000 Lille, France during opening hours, from Tuesday to Saturday.
  
  
• - Heavy items delivery (over 30 kg): In the case of large products such an electric pianos, a drum or sound system equipment, the Customer must check the size of the point of access in advance (door, elevator, stairwell, etc.). Deliveries are made only at the doorstep of the delivery address. The carrier is not required to deliver the goods to a Customer living upstairs.
  Nonetheless, upon making the appointment for these large items, the carrier responsible for delivery may offer a delivery upstairs with an additional charge for the customer. If the customer refuses this option and decides to help the carrier, the latter shall not take the article upstairs and shall leave it on the ground floor.
  
  
• DOM-TOM delivery: The average delivery time is 3 to 8 days (extended to 15 days for Wallis & Futuna, French Polynesia & New-Caledonia). The Customer will pay his/her order in Euro excluding taxes and excluding processing and shipping costs. Payment of applicable VAT and custom duty to domestic Tax Authorities and Customs are at the Customer’s expense.
  
  
• International delivery: Euroguitar delivers in most of European Countries. The average delivery time is 3 to 8 days. Payment of applicable VAT and custom duty to domestic Tax Authorities and Customs are at the Customer’s expense.

Shipping costs are calculated before the customer makes the final order confirmation. In case of delayed or predictable extension of shipment time period, Euroguitar will contact the Customer by phone or email. The customer shall undertake to send all information needed for delivery upon ordering, to ensure successful delivery. In particular, the customer must provide complete address for delivery (with door access codes to buildings for example), an valid email as well as a phone number where he/she can be reached by the carrier during the day. Euroguitar reserves the right to do partial delivery by sending the item(s) available the day or the order. The rest of the command will be delivered afterwards.




9 - ORDER RECEPTION

The goods must be thoroughly inspected by the Customer or an authorised individual upon receipt in order to detect any transportation damage. If case of any transportation and packaging damage, the Customer must refuse his parcel and report precisely the event in writing on the delivery receipt provided by the carrier. The Customer will ask the carrier to co-sign the report. The Customer must also send a confirmation of the same report within 48H to the company delivering his/her order and notify Euroguitar of any clearly identifiable transportation damage by email or post at : Euroguitar VAD - 76 rue du Capitaine Guynemer - 92400 Courbevoie, FRANCE.

Delivery does not include setting up the equipment.





10 - RIGHTS OF WITHDRAWAL & RETURN MANAGEMENT

Legal rights of withdrawal on goods bought on website is within fourteen days. Euroguitar extend this right of withdrawal within 30 days, starting from the day of reception of his/her complete order.

The statutory right of withdrawal shall not apply in the following cases:



• - Delivery of items which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of items which have clearly been tailored to the customer’s personal requirements.
• - Delivery of sealed goods, which are not suitable to be returned for reasons relating to health protection or hygiene if their packaging has been removed after delivery.
• - Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
• - Delivery of product returned incomplete, damage or soiled by the Customer. Indeed, the Customer can order a product and try it when delivered but will remain responsible in case of depreciation of goods as a results from handling other than those necessary to established specification and proper functioning of these goods (Article L. 121-21-3 al. 3 from French “Code de la consommation”).


To return his/her article, the Consumer must proceed by the following steps:
• - Make sure that the product is in perfect condition, together with all accessories and any instructions and in his original packaging.
• - Print the “Euroguitar Return Form”, complete the document and add it in your parcel
• - Send your return parcel to the address indicated on the Return Form and keep the delivery receipt. Shipping costs are at the Customer’s expense.
• - Euroguitar will contact you within 14 days to proceed for replacement or refund.


Please note that Euroguitar will refuse any sending against reimbursement.

Replacement
In the case the Customer return his/her order for a replacement by a product more expensive than the item returned, the Customer will join a check for payment of the balance. If the replacement concerns a product cheaper than the item returned, the Customer will receive a voucher to use online on his/her next order as credit note.

Refunds
Euroguitar will reimburse the Customer within fourteen days after reception of the items of the customer’s withdrawal.




11 - WARRANTY

Every item on sale on Euroguitar website have 2 separate guarantees: the legal warranty & the commercial warranty.





Defective products - Product defects must be notified to Euroguitar within the gurantee period of the product. A confirmation of assistant shall be sent to the customer within 72 hours and shall either be repaired free of charge or replaced with a fully functional product (a subsequent model if necessary). Returns shall only be made after approval by the after-sales service.





The product in question must be returned to Euroguitar with the original invoice by requesting a “Euroguitar Return Form”.

Claims other than the right to remedy defects referred to in these terms and conditions of guarantee are not covered by this guarantee. Products must be returned in their original packaging, together with all accessories and any instructions, as well as the specifications provided by the customer properly completed. Any unjustified return (unproven defects, adjustments, failures due to improper use) will be charged to the customer: repair work (at hourly rate) as well as the return of the goods.





12 - LIABILITY

The seller as an online vendor is only bound by a best effort obligation; it cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, service breaks, or any other unintended problems.

Euroguitar shall not be held responsible of failure to the concluded contract, due to, an event of major force and, in particular, in the event of disturbance and all-out strike or partial of postal services, carriers, and disasters caused by floods or fires. With regard to the products bought to satisfy the professional needs, Euroguitar shall not incur any liability for consequential damages due to the present ones, trading loss, loss of profit, damage or expenses, which could occur.

The choice and purchase of a product or service are the sole responsibility of the customer. A total or partial inability to use the products, particularly due to incompatibility of materials, shall not give rise to any compensation or refund, nor call into question the liability of Euroguitar, except in the case of a proven defect, non-compliance, or when exercising the right to cancellation.





13 - INTELLECUTAL PROPERTY & COOKIES

All contents published on the website Euroguitar are the full ownership of OVERDRIVE SARL. Nobody shall be allowed to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the website, whether software, visual or audio elements.

According the law of 6 January 1978 concerning data processing, databases and freedoms, nominative personal details concerning the purchaser may be subject to automated processing.

Exclusively Euroguitar shall use the information provided by the customer. Euroguitar shall commit not to transmit the personal information provided by users on its website to third parties. These are confidential.

Under the French law of the 6 January 1978, users are entitled to access and rectify any information referring to them. Euroguitar stores the order forms and invoice receipts by means of a secure and permanent system that contains an accurate copy of the original. The information registered by Euroguitar shall be deemed proof of the communication, ordering, payment and transactions between the parties.





13 - DISPUTE SETTLEMENT

The conditions of online sales herein are subject to French law.