The following general terms and conditions of sale are between the private company maPlatine.com.
Referred to as the “seller”
and
All person visiting or making a purchase via the website www.maPlatine.com
Referred to as the “customer”
The general terms and conditions of sale as well as the contractual information mentioned on the website are written in English.
The general terms and conditions of sale are provided for the consumer on the Website of the seller where they are directly available for consultation and can also be provided simply upon request by phone, E-mail, or mail.
1. Contract object
2. Pre contract information
3. Order
4. Electronic signature
5. Order confirmation
6. Transaction proof
7. Product information
8. Prices
9. Method of payment
10. Product availability
11. Terms of delivery
12. Delivery errors
13. Products warranty
14. Transfer of ownership and risks
15. Withdrawal rights
16. Eco-participation
17. maPlatine second-hand buy
18. Liability- Force majeure
19. Partial non validation
20. Non-renunciation
21. Intellectual property
22. Confidentiality and protection of personal data
23. Private auditorium
24. Mediation
25. Governing law
1. Contract object
The private company MAPLATINE, referred to as the “Company”, has for activity the sale of turntables and accessories. These general terms and conditions of sale specify the rights and obligations of the parties within the scope of online sales made on the website maplatine.com.
The Customer declares being at least 18 years of age and having the legal capacity of entering into agreement or having parental authorization allowing him or her to place an order on this website. Any firm order accepted by the Company implies for the Customer the acceptance of the following general terms and conditions of sale which is law between the parties. The seller reserves the right to occasionally modify these general terms and conditions of sale. In case of modifications, the applicable general terms and conditions of sale are those put in place on the date of the purchase of which a copy dated to that day can be given upon Customer request.
The Customer recognizes having been communicated, before making his/her order and at the conclusion of contract, in a clear and comprehensible way, these general terms and conditions of sale and all information from the article L. 221-5 of the consumer code.
3. Order
3.1 - An order is any order regarding the products listed on the Company's website, at the indicated prices, and accepted by the Company.
3.2 - For the order to be validated, the Customer will have to accept, by clicking on the indicated spot, these general terms and conditions of sale. The Customer will also have to choose the address and the delivery method, and lastly validate the method of payment.
3.3 - Any order implies acceptance of the prices and descriptions of the products available for sale.
3.4 - Any order modifications by the Customer after order confirmation is submitted to the acceptance of the Company.
3.5 - Any order implies obligation of payment of the agreed price.
3.6 - In certain cases, especially in case of non-payment, incorrect address, or other problems with the account of the Customer, the Company reserves the right to block the order until the problem is solved. The Company can also refuse any order for legitimate reasons, such as an abnormally high quantity of products ordered for a consumer.
3.7 - All information addressed before concluding an agreement or during the execution of a contract will be transmitted my E-mail, the Customer expressly accepting the use of this method.
3.8 - In case a product ordered is unavailable, the Customer will be informed by E-mail.
3.9 - The cancellation of the order of the unavailable Product and its eventual refund will then be made, the rest of the order remains firm and definitive.
3.10 - For all questions regarding order tracking, the customer can contact the Company by phone (0033 299 654 163) or at contact-inter@maplatine.com.
4. Electronic signature
4.1 - The credit card number provided online by the Customer and the final order confirmation are proof of the Company’s agreement in accordance to the provisions of the law of march 30th 2000, and shall entail payment of the sums due in respect of the order form, signature and express acceptance of all the operations carried out.
4.2 - In case of fraudulent use of their credit card, the Customer is invited, upon the finding of such use, to contact the 0033 299 654 163.
5. Order confirmation
After having placed an order, the Company will send an E-mail to the Customer to confirm the order. The delivery of the ordered products will be confirmed in a second E-mail.
6. Transaction proof
Computerized records, stored in the computer systems of the Company in reasonable security conditions, will be considered as proof of communication, orders, and payments between the parties. The archiving of order forms and invoices is made on a long lasting and reliable support that can be produced as proof.
7.1 - The products governed by these general terms and conditions of sale are those that figure on the online website of the Company and that are indicated as sold and shipped by the Company. They are offered within the limits of available stocks.
7.2 - The essential characteristics of the products are described and presented with the most accuracy possible.
7.3 - The photographs of the products are not contractual.
7.4 - The products are in accordance with the provisions of the French law in force regarding the security and health of individuals, the integrity of commercial transactions and the protection of consumers at the time they are available on the market.
8. Prices
8.1 - The seller has the right to modify its prices at all times but commits to apply the current prices indicated on the website at the time of the order.
8.2 - The prices are indicated in euros. The prices do not take into account the delivery costs, invoiced in addition, and indicated before the confirmation of the order. The prices take into account the VAT applicable the day of the order.
8.3 - If taxes or contributions were to be created or modified, this change could be reflected on the sale price of the products.
9. Method of payment
9.1 - The Customer has the following options as methods of payment made available to him by the Company:
Directly on the website – Credit card or PayPal. Bank transfer or Cheque (for all cheques a copy of an identity document will be asked, and this method of payment is only available for any order of an amount less than 300€).
9.2 - For an order that is worth more than 1,000 euros, the Customer may choose to pay in three (3) installments, free of charge.
9.3 - Credit cards issued from banks located outside of France must be international credit cards.
9.4 - The Customer guarantees the seller that he has the eventual necessary authorization to use the method of payment he or she has chosen, during the confirmation of the order form.
9.5 - The Company reserves the right to suspend the processing of an order and delivery in case of refusal of payment on behalf of officially accredited organizations or in case of non-payment.
9.6 - The Company notably reserves the right to refuse to make a delivery or honor an order emanating from a Customer that has not fully paid or partially paid a previous order or with whom a payment dispute is ongoing. This refusal will be notified my E-mail as soon as possible. The cancelation of the order and its eventual refund will then be made.
9.7 - In case of a payment by cheque, the Company reserves the right to wait 15 working days from the cheque collection before shipping the product in order to guarantee that the funds committed are available.
10. Product availability
10.1 - Except in case of force majeure, the terms of delivery will be, within the limit of available stocks, of 15 working days from the date the recording of the order indicated on the E-mail confirmation.
Special stipulations indicated to the Customer before placing the order may vary from this period. In this case, the Company will specify a maximum delivery deadline estimate to the Customer.
10.2 - In case of a delay, the responsibility of the Company will not be engaged, and this, for whatever the cause of the delay is.
10.3 - In case the product ordered is unavailable, the Customer will be informed as soon as possible and will have the possibility to cancel his/her order. The Customer will have the choice to ask for a refund within 30 days at the latest of his payment, or exchange the product.
11. Terms of delivery
11.1 - The products purchased from the Company are delivered in metropolitan France, Corsica, Monaco, French overseas Departments and Territories, in countries of the European Union as well as in Switzerland and in the rest of the world, after payment confirmation by the bank of the Customer.
11.2 - The Company reserves the right to refuse the delivery towards certain countries where the safety of the product delivery is not guaranteed.
11.3 - No deliveries are made in campsites, hotels, outposts, and postal boxes. The products are delivered to the address indicated by the Customer on the order form. All packages returned to the Company due to an incorrect or incomplete delivery address will be redelivered at the Customer’s expenses. The Customer can obtain the delivery of an invoice at the billing address and not the delivery address, when checking the appropriate option on the order form.
11.4 - The Customer has to indicate on the delivery order and under handwritten reserves accompanied by his/her signature any abnormality regarding the delivery.
11.5 - This verification is considered as completed when the Customer, or a person authorized by the Customer, has signed the delivery order.
11.6 - The Customer will have to confirm his/her claim with the carrier via certified mail at the latest within two working days following the reception of the products and send a copy of this mail to the Company to the address mentioned in the legal information of the website.
11.7 - If the products need to be returned to the Company, they have to undergo a request for return with the Company within 14 days following the delivery. All requests made after this delay will not be accepted. The return of the product will be accepted only for products in their original condition. (packaging, accessories, manual…).
11.8 - The Company also offers on site delivery at the following address: BSL – maPlatine.com – Batiment 6 – 33, boulevard de la Haie des Cognets – 35136 SAINT-JACQUES DE LA LANDE.
The Customers that choose on site delivery of their order will have to come with an identity document and confirmation E-mail of the availability of his/her order for the pick up.
11.9 - All additional customs clearance costs will be at the Customer’s charge and are under his/her responsibility. The Company is not obliged to verify and inform the Customer of applicable customs rights and taxes.
12. Delivery errors
12.1 - The Customer will have to formulate with the Company the same day as the delivery or at the latest the first working day following the delivery, any complaint of delivery error and/or the nonconformity of products regarding the indications that are on the order form. Any complaint formulated after this delay will be rejected.
12.2 - The Customer can choose to make the complaint by phone: 0033 299 654 163 or by E-mail: contact-inter@maplatine.com
12.3 - Any complaint that does not follow the rules defined above and within impartial deadline will not be taken into account and will release the Seller of any responsibility towards the Customer.
12.4 - Upon reception of the complaint, the Company will attribute an exchange number of the product(s) concerned and will communicate it by E-mail to the Customer. The exchange of a product can only take place after an exchange number has been attributed.
12.5 - Any product that needs to be exchanged or refunded will have to be returned to the Company entirely (with all its accessories, user manual…) and in the original packaging to the following address: BSL – maPlatine.com – Batiment 6 – 33, boulevard de la Haie des Cognets – 35136 SAINT-JACQUES DE LA LANDE - FRANCE.
12.6 - The Customer’s return costs will be reimbursed by maPlatine.com only upon presentation of a receipt.
12.7 - If Colissimo is used to ship the product back by the client, he must be aware of the fact that, because of the specificity of the localisation where the company is located, a delay up to 7 to 10 working days can be necessary between the indication of the tracking that the parcel has arrived and the feedback from the after-sale service.
13. Products warranty
13.1 - All products benefit of the manufacturer’s warranty. The Company will not be held responsible in case of a delay or stock shortage by the manufacturer. The Customer is expressly informed that the Company is not the manufacturer of the majority of products presented under the law no98-389 of may 19th 1998 relative to the responsibility of defect products.
13.2 - The seller is held responsible for defects in conformity of the goods with the contract under the conditions of Article L. 217-4 and following of the Consumer Code and hidden defects of the product sold under the conditions provided for in Articles 1641 and following of the Civil Code.
On the legal guarantee of conformity.
13.3 - The lack of conformity which becomes apparent within 24 months of delivery of the product shall be presumed to have exited at the time of the delivery, unless proved otherwise. This delay is of 6 months for products sold second-hand.
13.4 - Action resulting from defects in conformity lapses after 2 years from the date of the delivery of the product.
13.5 - In case of a defect in conformity, the Customer chooses between repairing the product or replacing the product.
However, the seller has the right not to proceed according to the choice of the Customer if this choice comes at a price that is disproportionate regarding the other alternative, taking into account the value of the product or the importance of the defect. The seller than proceeds, except impossibility, according to the method non chosen by the Customer.
13.6 - The legal warranty is applied independently of the commercial warranty eventually consented. The Customer can also choose to put in place the action resulting in inhibitory defects as they appear in the articles 1641 to 1649 of the civil code. This warranty covers products against all hidden defects that come from a defect of the material, design or manufacturing affecting products and making them impossible to use. In this hypothesis, the seller can choose to cancel the sale or reduce the price in accordance with article 1644 of the civil code.
13.7 - A commercial warranty can be granted on the product, except on a used product. It is optional and purely contractual. The warranty and its conditions are specified, according to the product, on the website. The invoice given to the customer is proof of warranty.
13.8 - In the framework of its warranty extensions, maPlatine.com extends to 5 years the warranty of certain products (turntables, phono preamplifiers, headphone amplifiers, and record cleaners) under the same conditions as those given by the manufacturers.
13.9 - In case a warranty is put in place, the customer’s return costs will be refunded by maPlatine.com only if proof is shown that it is taken into account by the warranty.
13.10 - All warranty is excluded in case of misuse, negligence, or fault of taking care of the product by the Customer, such as normal use or force majeure. The warranty is excluded in case the environment is non-compliant to the manufacturer’s data.
13.11 - Our after-sales return conditions are available here.
14. Transfer of ownership and risks
14.1 - The transfer of ownership of ordered products is subject to the full payment of the price.
14.2 - The risks are transferred to the Customer from the delivery of the products and no refund can be claimed with the seller.
15. Withdrawal rights
15.1 - The Customer disposes of a withdrawal delay of 14 working days from the date of delivery of his/her order and can ask the Company for an exchange or refund of the product without any penalties. A withdrawal form is accessible and can be downloaded here.
15.2 - The Customer will return the product delivered within 14 days following the notice of his/her decision of withdrawal, in the product’s complete and intact original packaging, and in perfect condition to resell.
15.3 - The return costs are at the expense of the Customer.
15.4 - In case of exchange, the reshipping will be at the expense of the Customer.
15.5 - In case of a refund request, the Company will proceed to the refund of the totality of the amount paid within 14 days from the retrieval of the products that are object to the withdrawal. If the customer has chosen a more expensive shipping option than the standard shipping option provided by the Company, the Company will not refund the additional shipping costs. Moreover, if the customer does not return his or her entire order, then the shipping costs will not be refunded. The Company uses the same method of payment as the one used by the Customer for the initial transaction in order to make the refund, except if the Customer accepts another method of refund and in the measure where the refund does not result in additional costs for the Customer.
15.6 - The product will have to be returned to the seller, entirely, not dismantled and in the original packaging, to the following address: maPlatine.com – Bâtiment 6 – 33, boulevard de la Haie des Cognets 35136 SAINT-JACQUES DE LA LANDE - FRANCE.
15.7 - In order to have the right to withdrawal the Customer shall:
- not have deteriorated the product
- not have taped anything on the cardboard that could deteriorate it
- Over package the cardboard in order to protect it from deterioration during the return transportation.
15.8 - If Colissimo is used to ship the product back by the client, he must be aware of the fact that, because of the specificity of the localisation where the company is located, a delay up to 7 to 10 working days can be necessary between the indication of the tracking that the parcel has arrived and the feedback from the after-sale service.
15.9 - According to the article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for “tailor-made” products (audio cables with specific lengths, special orders set up for the customer…), unsealed audio recordings, and non-exchangeable or non-refundable spare parts.
16. Eco-participation
16.1 - Since November 15th 2006, the Customer has the right to bring his old devices and benefit of a trade-in said “one for one”. Thus, during the sale of a new product, the Company accepts to take the old equivalent brought in by the Customer to the logistics center of the Website at SAINT-JACQUES DE LA LANDE (35136).
16.2 - Furthermore, the Customer of electrical and electronic devices is held to pay an eco-participation fee for the funding of the recycling of electronic wastes. The amount of this eco-participation is set according to a scale established by the competent authorities. The amount of this eco-participation fee is visible on the invoice established by the seller.
There is more information on the website: www.eco-systemes.fr.
17. maPlatine second-hand buy
17.1 - In parallel with the trade-in provided under the "eco-participation" framework, maPlatine.com offers the service of taking back old equipment from Customers for the purpose of reselling it as second-hand equipment.
17.2 - The trade-in of such old equipment is only made in the context of the purchase of a new device on the Website www.maPlatine.com.
The amount of the trade-in of the Customer's equipment is granted in the form of a voucher to be used on the Website maPlatine.com. The amount of this voucher is to be determined by the Company according to the quality and condition of the product returned.
17.3 - The trade-in of used equipment follows a strict selection process guaranteeing flawless quality for future Customers.
The Customer who wishes to submit his/her equipment shall contact the Company’s customer service and send a description of his/her product as well as pictures. If the product meets to the Company’s discretionary criteria, a first estimate of the amount of the trade-in will be communicated to the Customer.
To validate the trade-in, the product will have to be sent at the expense of the Customer and under his/her sole responsibility until the Company receives this product. Upon reception, the final amount of the trade-in will be communicated to the customer with a voucher of the fixed value to be used on the website maPlatine.com.
17.4 - If there is a too big of a gap between the description of the product sent by the Customer and the product received, maPlatine.com reserves the right to refuse the product and send it back to the Customer at the expense of the Company. With the approval of the Customer and subject of the purchase of an equivalent product on the website maPlatine.com by the Customer, the Company may also carry out the trade-in of the product sent under the “one for one” eco-participation scheme.
17.5 - The resale price of the product having been the object of a second-hand buy by the Company can be object of a 25% increase of the value of the voucher given to the client. This increase includes the treatment and reconditioning costs as well as any necessary repair costs.
17.6 - All products that have the label “maPlatine Guaranteed Second-hand” have a part and labour warranty of 6 months.
17.7 - If Colissimo is used to ship the product back by the client, he must be aware of the fact that, because of the specificity of the localisation where the company is located, a delay up to 7 to 10 working days can be necessary between the indication of the tracking that the parcel has arrived and the feedback from the after-sale service.
18. Liability- Force majeure
18.1 - Any circumstances beyond the control of the Parties preventing the fulfillment under normal conditions of their obligations shall be considered as grounds for their exemptions and shall entail their suspension.
18.2 - The Party that invokes the circumstances referred to above shall immediately notify the other Party of their occurrence, as well as of their extinction.
18.3 - Force majeure shall be considered to be any event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, preventing the fulfillment of his/her obligation by the debtor. The following are expressly considered as cases of force majeure or fortuitous circumstances, in addition to those usually retained by French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
18.4 - The Parties will approach each other to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the aggrieved Party.
19. Partial non validation
If one or several clauses of these general terms and conditions of sale are deemed to be invalid in application of a law, a regulation, or following a definitive judicial decision, the other clauses shall retain their force and effect.
20. Non-renunciation
The fact that one of the Parties does not call on a failure by the other party in complying with any one whatsoever of the obligations mentioned in the general terms and conditions of sale shall not be construed as a waiver of the obligation in question in the future.
21. Intellectual property
All elements on the website are intellectual and exclusive property of the Company. No one is authorized to reproduce, exploit, diffuse, or use for whatever reason, even partially, the elements on the website. The brands, logos, drawings, contents and models on the website are the exclusive property of the Company. Their disclosure will not in any way be interpreted as in accordance with a license or a right of use of the said distinct brands and elements protected by the copy rights. They therefore cannot be used under penalty of counterfeiting.
22. Confidentiality and protection of personal data
The website ensures the Customer a collection and processing of personal information with respect of privacy.
The person responsible for the processing of information is the person legally responsible of the Company that can be contacted at the following address: legal@maplatine.com.
The computerized processing of collected personal data has for purpose the management of orders. The requested information are mandatory. If failure to response, the eventual order of the Customer will not be processed.
22.1 – Collected data
The personal data collected are the following:
- Account opening – During the creation of a user account, his/her surnames, names, electronic address, postal address of delivery and invoice, and date of birth.
- Login – When the Customer logins to the Website, the Website registers, notably, his/her surnames, names, login data, user data, localization data, and data relative to the payment.
- Payment – Within the framework of payment of the services offered on the Website, it registers the financial data relative to the bank account or credit card of the user.
The data collected are stored for 3 years from the Customer’s last activity. However, the personal data of Customers may be the object of an intermediary archiving period in order to satisfy legal, accounting, and fiscal obligations.
22.2 – Use of personal data
The user’s collected personal data have for objective the provision of services of the Website, their improvement and maintenance of a secured environment. More precisely, the uses are the following:
- Access and use of the Website by the Customer;
- Management of the functioning and optimization of the Website;
- Organization of the terms of use of payment services;
- Verification, identification, and authentication of data transmitted by the Customer;
- The implementation of a customer service;
- Prevention and detection of frauds, malwares (malicious softwares) and management of security incidents;
- Management of eventual disputes with the Customers;
- Sending of commercial and advertising information, based on the Customer’s preferences.
22.3 – Sharing of personal data with a third party
The personal data can be shared with third companies, in the following cases:
- When the Customer uses payment services, for the implementation of these services, the Website is in relation with financial and banking companies of third party with which it has entered in contract;
- When the Customer uses delivery services relative to his/her order, the Website is in relation with logistics and carrier companies of third party with which it has entered in contract;
- When the Customer authorizes the website of a third party to access his/her data;
- When the Website resorts to service providers to provide customer service, advertising, and payment services. These providers dispose of a limited access to the Customer’s data, in the framework of the execution of these services, and have a contractual obligation to use them in conformity with the provisions and regulations applicable in terms of protection of personal data;
- If the law requires, the Website can perform data transmission to pursue the presented claims against the Website and comply to administrative and legal procedures;
- If the Website is involved in a merge operation, acquisition operation, asset disposal operation, or judicial settlement procedure, the Seller may be brought to give up or share all or part of its assets, including personal data. In this case, the users will be informed, before the personal data are transferred to a third party.
22.4 – Security and confidentiality
The Website implements organizational, technical, software, and physical measures in terms of digital security to protect the personal data against alterations, destructions, and unauthorized access. However, it is to signal that the Internet is not a fully secured environment and the Website cannot guarantee the security of the transmission or the storage of information on the Internet.
22.5 – Implementation of users rights
In application with the regulations applicable to personal data, the users dispose of the following rights:
- They can update or delete the data concerning them by logging in to their account and by configuring the settings of their account;
- They can delete their account;
- They can exert their access rights to know the personal data concerning them. In this case, before the implementation of this right, the Website can ask for a proof of the user’s identity in order to verify the accuracy;
- If the personal data detained by the Website are inaccurate, the Customer can request an update of these information;
- The Customers can request the deletion of their personal data, in accordance with the applicable laws in terms of data protection.
- The Customers have the right to receive personal data regarding them that they provided to a person responsible for the processing of information, in a structured format, commonly used and legible by machine, and have the right to transmit these data to another person responsible for the processing of information without the person responsible for the processing of information to which personal data has been communicated obstructs.
The user may exercise his rights by writing a postal letter to the following address: maPlatine.com – Bâtiment 6 – 33, boulevard de la Haie des Cognets 35136 SAINT-JACQUES DE LA LANDE –FRANCE or by E-mail: legal@maplatine.com.
In case of difficulty, the Customers will be able to introduce a claim with a supervisory authority.
22.6 – Evolution of this clause
The Website reserves the right to bring all modifications to this clause in relation to the protection of personal data at any time. If a modification is made to this clause of protection of personal data, the Seller commits to publish a new version on its website. The Seller will also inform the Customers of the modification by electronic mail, within a minimum of 15 days before the date of effect. If the Customer does not agree with the terms and new drafting of the clause of the protection of personal data, he has the possibility to delete his/her account.
23. Private auditorium
The Company disposes of a private auditorium enabling Customers to come and listen to equipment that is commercialized on the website. The Customers will be able to make the most out of the auditorium for the demonstration of products only by making an appointment. Appointments are only made by email by contacting maPlatine.com at the following address: contact-inter@maplatine.com depending on the availability. The Company cannot be held responsible in case of eventual delays in making appointments.
In case of failure of a claim request made with customer service or in case of an absence of response in this service in a 2 month delay, the consumer, beneficiary of the service, can submit the dispute between himself/herself and his/her contractor to the mediator of the professional federation of online commerce and distance selling (60 rue la Boétie, 75008 Paris - FRANCE; mediateurduecommerce@fevad.com) which will try, in all independence and impartiality, to bring the parties together in order to come up with a solution.
25. Governing law
The present general terms and conditions are subject to the application of French law. This is the case for both the rules of content and the rules of form. In the event of a dispute or claim, the Customer shall first contact the Company to obtain an amicable solution. In accordance with Article L 612-1 and following of the Consumer Code, the consumer has the right to have recourse, free of charge, to a consumer mediator if a consumer-related dispute cannot be settled amicably with the professional.
