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TERMS AND CONDITIONS OF SALE

Article 1 – APPLICATION OF THESE TERMS AND CONDITIONS OF SALE
Seller is defined herein as HARMONIA MUNDI S.A, and Buyer is defined herein as the business or the individual signing and accepting these Terms and Conditions. The Terms and Conditions of Sale apply exclusively to all sales concluded by store.harmoniamundi.com, both on its own behalf and on behalf of its principals. Any other terms and conditions shall only become binding on Seller after it has confirmed its consent in writing. Information given in catalogues, price lists, notes and on Internet sites, etc. are only given as an indication and as such, may be modified by Seller without prior notice. The simple fact that an order is placed or Seller's offer is accepted entails unconditional acceptance of these Terms and Conditions. These Terms and Conditions may be modified by HARMONIA MUNDI, S.A. at any time without notice, and the modifications shall then apply to all subsequent orders.
Article 2 – ORDERS
In connection with orders placed through the Internet site store.harmoniamundi.com using debit or credit cards, orders become effective at the time Buyer's account is debited. Buyer may cancel it/his/her order until the time Buyer's account is debited. If cancellation takes place after this deadline, Seller agrees to refund Buyer within one month – as provided by Article L 121.20.1 of the French Consumer Code. If products are shipped immediately, Seller's confirmation of the order may be replaced by an invoice. Any changes to orders and any ancillary or overriding conditions regarding the subject or the conditions of sale shall only be valid if they appear in the offer or in the confirmation given by Seller. Any sales offer is to be understood subject to availability of stock. Any clause issued by Buyer which has not been accepted in writing by Seller and which may be contrary to these Terms and Conditions or to specific details set forth in the price offer shall be deemed null and void. No unilateral cancellation of an order shall be accepted without the consent of HARMONIA MUNDI, S.A.
Article 3 – PRICES
3.1 – The prices of our products are given in Euros, including all applicable taxes, but exclusive of handling and shipping expenses.
3.2 – In the event of an order to be sent to a country other than France, you are the importer of the product or products involved. Customs duty and other local taxes or import duties or taxes may be payable. These duties and amounts are not the responsibility of HARMONIA MUNDI, S.A.. They shall be borne by you and you shall be solely liable and responsible for them, both as regards declarations and payments to be made to the competent authorities or bodies in your country.
3.3 - HARMONIA MUNDI, S.A. reserves the right to change its prices at any time; however, the products shall be invoiced on the basis of rates in effect at the time your order or orders is/are approved by you.
3.4 – Products shall remain the property of HARMONIA MUNDI, S.A. until their price is paid in full.
3.5 - HARMONIA MUNDI, S.A. does not sell to professionals.
3.6 – Packing, shipping and insurance expenses may vary depending on the specific offer, the destination to which the order is to be sent and the overall total amount of the order. In some cases, they may be included in the sales price. In other instances, the customer is asked to share in such expenses.
Article 4 - PAYMENT
Payment of your purchases shall be made: - either by debit or credit card: Visa, MasterCard, and other debit or credit cards - or by Internet services such as PayPal The possibility of using theses means of payment is left to HARMONIA MUNDI S.A.'s discretion. HARMONIA MUNDI S.A. hereby agrees not to store any card number. In order to guarantee the highest level of security, payment is subcontracted either to a bank selected by HARMONIA MUNDI S.A. – i.e. the LCL bank -, or to the Internet service chosen by Buyer.
Article 5– DELIVERY AND SHIPPING
Products are delivered to the delivery address you give when ordering. In the event shipping is delayed, you shall receive an e-mail informing you of any impact this may have on the delivery date you were given. In any event, in accordance with the provisions of law, should shipping be delayed more than 7 days, you shall have the possibility of canceling your order within 60 business days. In this case, if you have received the product, after cancellation, we shall give you a refund for the product and the original shipping expenses upon receiving the returned product intact and in its original condition. In all cases, delivery within the deadlines may only take place if Buyer is up to date in his/her/its obligations to Seller no matter what the cause for any delay may be. You must notify the carrier and HARMONIA MUNDI, S.A. of any reservations you may have regarding the product delivered (e.g. a damaged package, one that has been opened, etc.). Depending on the instances defined below, you may be allowed to exchange or be refunded for the product as provided in this Article. Shipping risks shall be borne by Seller insofar as Buyer checks the goods upon arrival and exercises recourse against the carrier within 48 hours, even if shipping was free of charge. Unless otherwise agreed , Seller is free to use the carrier of its choice. If a package is lost during carriage, the time required for investigations to be conducted may vary, depending on the carrier and may require from one to three weeks. HARMONIA MUNDI S.A. does not guarantee shipping deadlines. No complaint will be taken into consideration before 21 days following the date Seller receives notice that the product has been shipped.
Article 6 – COMPLAINTS AND AFTER-SALES SERVICE
Upon receipt of the goods, Buyer must immediately check the condition thereof and their conformity to what is specified in the contract. If the package is damaged, Buyer must refuse to accept it. Packaging must be kept in perfect condition. Only audio and video products which Seller recognizes as being defective shall be exchanged. In all other cases, no product that has been opened, i.e. unsealed, shall be exchanged, pursuant to Article L121-20-2 of the French Consumer Code. Should this condition not be fulfilled, Buyer shall not have the right to complain and must pay € 5, inclusive of taxes for each product to cover the packing expenses for products whose original packaging has been damaged or has disappeared. Any complaints about a defect in goods delivered, inaccurate amounts or wrong references in relation to the offer accepted or Seller's order confirmation must be made by e-mail, with acknowledgement that such e-mail has been received and opened, with 48 hours of receipt of the goods. Buyer must allow Seller to make on-site checks related to complaints. Any return of goods requires Seller's prior consent and a return reference number, using e-mail addressed to store@harmoniamundi.com We hereby agree to reimburse or exchange products that appear to be defective, ruined or damaged, or which do not comply with your order. At Buyer's discretion, Seller shall exchange or refund the product or products. In any event, you shall have the benefit of conformity warranties established by law and warranties against hidden defects in accordance with provisions of laws in force. < The stipulations of this Article shall not prevent you from using your right to return the goods as provided in Article 7. Using the means it deems the most appropriate, Seller shall consent to Buyer's returning the goods and shall describe the procedure to be followed for this return. After obtaining the consent to return the goods, Buyer shall have 7 days in which to return defective goods to Seller. Buyer may exchange his/her goods during the first month following purchase, subject to availability of stock. Buyer then sends Seller the defective product or products. Goods must be returned within 3 months of the date of the order. Expenses for returning the goods shall be borne by Seller, upon receipt of proof of payment of such expenses. The goods must be returned using means which enable their return to be monitored in the least expensive way. Otherwise, Seller shall reimburse Buyer € 3 for these expenses for each item returned. In all cases, return costs shall be capped at the costs recorded by Seller at the time of initial shipping, multiplied by 1.25. If no consent is given to the return, all goods that have been returned shall be held available for Buyer at his/her own expense and risk, with all expenses for shipping, storing and handling to be borne by Buyer.
Article 7 – SATISFIED OR REIMBURSED WITHIN 7 DAYS – RIGHT TO RETURN THE GOODS
In accordance with laws in force, you have 7 days from the date you receive your products to exercise your right to return them to HARMONIA MUNDI S.A. without being required to give the reasons for your decision or being required to pay any penalty. In the event you decide to return the products within the abovementioned deadline, only the price of the product or products purchased and the shipping costs shall be reimbursed. You shall be required to bear the cost of returning the product or products. Products returned must be in their original condition and complete (including packaging, accessories, accompanying documentation, etc.), thereby allowing them to be sold to another customer as new products. A copy of the purchase invoice shall also accompany them to ensure proper handling of your refund. Pursuant to regulations in force, audio, video or software packages which have been opened by the customer may not be returned. For information about the exact procedure to be followed for returning products, please contact our Customer Service Department at store@harmoniamundi.com
Article 8 – WARRANTY
In accordance with laws in force, you have 7 days from the date you receive your products to exercise your right to return them to HARMONIA MUNDI S.A. without being required to give the reasons for your decision or being required to pay any penalty. In the event you decide to return the products within the abovementioned deadline, only the price of the product or products purchased and the shipping costs shall be reimbursed. You shall be required to bear the cost of returning the product or products. Products returned must be in their original condition and complete (including packaging, accessories, accompanying documentation, etc.), thereby allowing them to be sold to another customer as new products. A copy of the purchase invoice shall also accompany them to ensure proper handling of your refund. Pursuant to regulations in force, audio, video or software packages which have been opened by the customer may not be returned. For information about the exact procedure to be followed for returning products, please contact our Customer Service Department at store@harmoniamundi.com
Article 9 - OWNERSHIP
Pursuant to the French Act of May 12, 1980, transfer of ownership of the goods delivered to Buyer shall only occur after the principal and ancillary price has been paid in full or bank drafts or other means of payment have been received and fully credited. During the time between delivery and transfer of ownership, risks of loss, theft or destruction shall be borne by Buyer. In the event Buyer fails to fulfill its payment obligations for any reason whatsoever, Seller shall have the right to demand the immediate restitution of the goods delivered, at Buyer's expense and risk.
Article 10 – CANCELLATION CLAUSE
IIn the event Buyer fails to fulfill any of its obligations, the sale shall be cancelled automatically and the goods shall be returned to Seller at its discretion, without prejudice to any compensation for damage sustained that Seller may claim from Buyer, subject to a 48-hour waiting period after a Notice to Comply [Mise en demeure] has been issued and remains without effect. In such a case, Seller is authorized to demand indemnification from Buyer, equal to 10% of the sales amount.
Article 11 – CHOICE OF FORUM
Any disputes regarding the creation, performance or termination of the parties' contractual obligations which cannot be settled amicably shall be submitted to the Arles Commercial Court, which is the Court with jurisdiction over Seller's principal place of business, no matter what the terms and conditions of sale may be or the payment means accepted, even in the event of third-party contribution claims or multiple defendants. However, Seller reserves the right to bring suit before the Court with territorial jurisdiction over Buyer's principal place of business. This Agreement shall be governed by French law. By express agreement the Vienna Convention on Contracts for the International Sale of Goods shall not apply.
Appendix - REWARD POINTS
Any purchase on this webstore will earn Points to the Client, which can be used to purchase products (1€ = 1 point, 10 points will get 1€ discount in next purchases). These points can be used on any product on the website, however, they cannot be used for shipment nor when using a promo code (coupon). Clients must be logged on to earn points. harmonia mundi can decide at ANY TIME to stop this policy, and, has no obligation to inform the Clients of the cancellation of their Points.
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