Clause No. 1 : Subject matter
The general conditions of sale described below detail the rights and obligations of Éditions Modulation and its client in connection with the sale of the following goods: musical scores, books and CDs.
Any service performed by Les Éditions Modulation therefore implies the buyer’s unreserved adherence to these general conditions of sale.
Clause No. 2 : Price
The prices of goods sold are those in force on the day the order is placed. They are denominated in euros and are not subject to VAT (tax regime for associations under the 1901 law). They will be increased by the transport charges applicable on the day of the order.
Les Éditions Modulation grant themselves the right to modify their rates at any time. However, they undertake to invoice the goods ordered at the prices indicated when the order is recorded.
Clause 3: Terms of payment
The payment of the orders is carried out:
- by cheque;
- or by credit card;
- or by bank transfer;
- either via the Paypal payment platform.
When the order is registered, the buyer must pay the full amount of the order.
Clause 4: Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Éditions Modulation a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the date of delivery of the goods.
As from 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of 20 August 2014). This penalty is calculated on the total amount of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to the late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a fixed compensation of 40 € (forty euros) due for recovery costs. (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code).
Clause No. 5: Resolutive clause
If, within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the outstanding sums, the sale shall be cancelled by operation of law and may give rise to the right to award damages to Éditions Modulation.
Clause No. 6: Retention of title clause
Les Éditions Modulation retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a recovery or a judicial liquidation, Editions Modulation reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 7: Delivery
Delivery is made:
- by the direct delivery of the goods to the buyer;
- or at the place indicated by the buyer on the order form.
The delivery time indicated when the order is registered is only given as an indication and is by no means guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not give rise to the buyer’s benefit:
- the award of damages;
- the cancellation of the order.
The transport risk is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter AR.
Clause No. 8 : Force majeure
Éditions Modulation may not be held liable if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause No. 9: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Lyon.