GENERAL TERMS OF SALES

Please note: this document has been translated into English for your convenience but please note that only the French version can apply for the use of our website.

To download the PDF version of these T&Cs, click here

Effective date : December 06 2022

These Terms of Sale (hereinafter the "T&Cs") are applicable to any sale of item(s) made between a seller and a buyer (together the "Parties") through the "CDandLP" marketplace. (hereinafter the “Marketplace”).

They are intended to govern only the relationship between the seller and the buyer, to the exclusion of the relationship between the seller and CDandLP or between a buyer and CDandLP.

Only these T&Cs govern the contractual relationship of the Parties, to the exclusion of any other document.

Any order of a product on the Marketplace implies full and unreserved acceptance of these T&Cs.

IMPORTANT
When you are an individual (natural person) and you buy a product from a professional seller acting as such on the Marketplace, some protective rules apply to you.
When this is the case, we expressly indicate it to you by a boxed text like this one, and we explain the conditions to be met.
These protective rules then apply in addition to all the other provisions stipulated in these T&Cs.

 
1. Definitions

Each term beginning with a capital letter and used in the singular as well as in the plural in this contract and any annexes has the meaning indicated in its definition given in this article, the identical terms used without capital letters being considered in their ordinary meaning.

"Buyer" refers to any person placing an Order for a Product on the Marketplace.

"Ad" refers to any advertising page edited by the Seller on the Marketplace, gathering all the details and information related to a Product for sale.

"Member Account" refers to the personalized account, created on the Marketplace by a Buyer at the time of their registration, available by means of their Identifiers, and allowing the buyer to place Orders.

"Civil Code" refers to the civil code of French law.

"Consumption Code" refers to the consumer code of the French law.

"Order" refers to any Order of a Product placed by a Buyer on the Marketplace and submitted to these T&Cs.

"Identifiers" refers to the login as well as the password chosen by the Buyer allowing access to their Member Account on the Marketplace. Identifiers must be kept confidential by the Buyer.

"Marketplace" refers to the CDandLP Marketplace run by CDandLP allowing Sellers to list and sale their Products online, and Buyers to place Orders.

"Product" refers to any item related to music (CD, Vinyl record, DVD, VHS, Cassette, Clothing, etc.) proposed for sale by a Seller on the Marketplace.

"Seller" refers to any person registered on the Marketplace and selling their Products on it.

2. Pre-contractual Information

For each Product offered for sale on the Marketplace the Seller communicates to the Buyer in a readable and clear manner, in particular the information about:
- the essential characteristics of the Product;
- the price of the Product, and any additional costs ;
- the terms and conditions of payment ;
- the date or delivery time of the Product.

This information appears in the Ads on each descriptive sheet specific to a Product.
The Buyer may contact the Seller through the Marketplace to request any additional information on the Products.
The Seller undertakes to reply to the Buyer's requests in the manner described in the "Customer Service" article.
Before placing an Order, the Buyer acknowledges having read all the written information appearing on the Ad.

The Buyer is expressly informed that when Sellers do not add any photograph of their Products in their Ads, CDandLP may display illustrative photos instead. These may not be perfectly compliant with the Product offered. In this case, it is mentioned "FOR ILLUSTRATION PURPOSES ONLY" on the photo of the Product.
Therefore, no claim based on a discrepancy between the Product and the illustration photo will be accepted.


3. Products’ Availability

Ordering a Product is possible within the limits of available stocks.
Sellers do their best to only list on the Marketplace Products that are actually available.
It is possible that the Buyer orders a Product that is not available. In this case, the Seller will not confirm the Order and the Buyer will not be debited, in accordance with the provisions of article 5.3 hereof.

4. Information related to prices and applicable fees

4.1. Price of the Products

The prices of the Products are those in force on the day of the Order. They are indicated in the corresponding Ad on the Marketplace in euros (and displayed in any currency selected by the buyer when browsing pages) and include all applicable taxes (VAT and any other tax that may be applicable).
The Order of a Product may include delivery costs which will be summarized if necessary at the time of placing the Order as well as in the Order confirmation email sent to the Buyer.
The prices take into account any reductions, discounts and rebates that may be granted by the Seller and indicated on the corresponding Ad.
The prices are firm and not subject to revision by the Seller during the Order process. The Order process extends from the addition of a Product to the basket until the actual payment of the Order.
In the event of an Order for a Product to be delivered to a territory outside the European Union, the Buyer will have to pay for any taxes in force in his country of residence as well as customs charges that may apply.

4.2. Error on prices

In the event of a material error between the price displayed on the Ad and the actual price charged by the Seller, the Seller may, after validating the Order, contact the Buyer to:
- in the event of the actual price being lower than the displayed price: inform the Buyer that the price to be paid is actually less and that the Buyer will be invoiced at the lowest price;
- in the event of an actual price higher than the displayed price: inform the Buyer that the price to be paid is actually higher and ask the Buyer if he agrees to pay this actual price or if he prefers to partially or totally cancel the Order.
In any event, if the material error in the price of a Product makes its price derisory, either Party may request the cancellation of the Order concerned.

5. Terms of the Order

5.1. Selection of the Products

To order a Product on the Marketplace, Buyers must:
- access the Ad of the Product they want to order;
- check if the Products meets their requirements, on the basis of the description and the sales terms indicated on the Ad;
- click on the button to add the Product to the shopping cart.

5.2. Order

To place an Order on the Marketplace, Buyers must :
1. access their shopping cart, accessible from the Ad page ;
2. validate their Order by clicking on the button provided for this purpose ;
3. if necessary, log in to their Member Account :
=> if they already have a Member Account, they must identify themselves using their Identifiers;
=> if they don’t have any Member Account, they will have to create one by following the subscription process provided by the Marketplace;
4. fill in their delivery and billing addresses and select the payment method;
5. check the details of their Order that are displayed, and in particular the Products included in their shopping cart, their quantity, their price, any applicable fees and terms;
6. fill in the information related to their means of payment;
7. tick various boxes certifying acceptance of CDandLP T&Cs, of the transport carrier’s Terms of Use and the accuracy of their delivery address;
8. confirm the payment of their Order by clicking on the button provided for this purpose.

Depending on the Member's start page and the payment method selected, the steps may differ slightly. However, the Buyer will only be debited after the validation of the Order by the Seller under the conditions of article 5.3 below.

5.3. Order’s confirmation and management

Once the Order has been confirmed, the Buyer will receive an email acknowledging receipt of the Order and indicating that it is awaiting confirmation by the Seller.
The seller has 4 days, from the date of the Order, to confirm the availability of the Product(s) ordered.

In the absence of confirmation within the time limit of 4 days or in the event of refusal of the Order:
- the Buyer will be notified by email;
- the Order will be cancelled and the Buyer’s payment will not be cashed.

In case of confirmation of the Order within the time limit of 4 days:
- the Buyer will be notified by email;
- the sale will definitely be confirmed and the Buyer’s payment will be cashed.

6. Payment

6.1. Buyer’s Payment obligation

The Buyer agrees to pay the full price of any Order placed with the Seller via the Marketplace.
Any default in payment will authorize the Seller to invoke a breach of contract authorizing the termination of the contract concluded between the Parties, in accordance with the terms provided for in Article 11 hereof.

6.2. Terms of payment

Buyers send a payment for their Order on the Marketplace in one go, using any means of payment offered on the Marketplace.

6.3. Period of payment

Unless the payment period or schedule has been agreed between the Parties and authorized by CDandLP, payments are cash and the confirmation of the price payment triggers, after verification, the processing of the Order, as stipulated in article 5.3 hereof.

6.4. Invoices

Once the payment has been made, and the shipping has been confirmed by Sellers, Buyers have the option of downloading the billing information, with the details of the Order, from their Member account (section «Billing information»).

7. Delivery of the Products

7.1. Delivery times

The Seller will deliver the Product within the time indicated to the Buyer at the time of placing the Order. This period will depend on the delivery method chosen by the Buyer or imposed by the Seller. The delivery times of the carrier are given as an indication and may vary depending on the territory concerned.

Unless expressly stipulated otherwise by the Seller, the delivery times run from the validation of the Order by the Seller and provided that payment for the Order has been accepted (example: receipt of payment, or bank authorization received).

In the absence of any indication or agreement between the Parties as to the date of delivery or performance, the Seller must deliver the Product without undue delay and no later than thirty (30) days after the Order has been validated by the Seller.
This default period only applies if the Seller is a professional and the Buyer a consumer within the meaning of the Consumer Code. Professional Sellers inform Buyers of any delay in delivery and, if necessary, communicate a new date or a new delivery deadline to them, via the Marketplace.

In the event of non-delivery on the date or within the agreed time, Buyers may cancel their Order if, after having given formal notice to the professional Seller through the Marketplace, to make the delivery within a reasonable additional fee, the latter did not perform within that time.

This default period only applies if the Seller is a professional and the Buyer a consumer within the meaning of the Consumer Code.

7.2. Address and delivery Methods

Products are delivered to the delivery address indicated by Buyers when placing their Order. No change of delivery address can be made after confirmation of the Order.
The information provided by the Buyer is binding: in the event of an error in the wording of its contact details or incomplete information, Sellers cannot be held responsible for not managing to deliver the Product. The Buyer cannot claim a refund in such event.
Any costs and delivery methods vary according to the Products ordered (their weight, dimensions, nature) as well as the choices made during the Order (choice of an offer or a specific delivery method). This information is summarized at the time of confirmation of the Order.

7.3. Transfer of ownership – Transfer of risk

The transfer of ownership of the Product, subject of the Order, only occurs after full payment of the price by the Buyer.
The transfer of the risks of the Product takes place when the Buyer takes physical possession of it and accepts delivery without reservation.

7.4. Receipt of the Products

Buyers undertake to accept the Products delivered to them. In the event of missing or damaged Products during delivery, Buyers must:
- as far as possible, immediately issue reservations on the delivery slip provided by the carrier or by immediately calling the carrier's customer service in the presence of the delivery person,
- not take the package when the delivery is ensured by the carrier Mondial Relay if the package shows obvious signs of damage,
- in any case, report it to the Seller through the Marketplace, who will specify the possible remedies,

8. Right of withdrawal

IMPORTANT
You can benefit from the right of withdrawal if you meet these 3 conditions:
1. You are an individual (natural person) OR you are a small business employing 5 employees or less;
2. Your Order is unrelated to your business OR unrelated to your main business if you are a small company;
3. You have placed an Order with a Professional Seller acting as such on the Marketplace.
If you meet these 3 conditions (and only in this case), the provisions below apply to you.

8.1. Terms of the right of withdrawal

Buyers benefiting from the right of withdrawal will have a period of 14 days from the delivery of the Order to exercise their right.
In the event of application of the right of withdrawal, Buyers will return the Products delivered at their own expense, within 14 days of the communication of their decision to withdraw.
The Products will be returned in their original condition with their packaging and accessories allowing their re-marketing. In the event of depreciation of the Product resulting from manipulations other than those necessary to ensure the conformity of the Product, the Seller reserves the right to apply a discount on the refund due.
Buyers may exercise their right of withdrawal by sending the Seller, through the Marketplace, the online withdrawal form available via their Member Account.
In the event of exercise of the right of withdrawal, the Seller will reimburse the Buyer for all sums paid no later than 14 days from the return of the Products.

8.2. Exclusion of the right of withdrawal

In accordance with Article L. 221-28 of the Consumer Code and Article 16 of Directive 2011/83/EU of October 25, 2011 on consumer rights, Buyers may not exercise their right of withdrawal if the Product(s) delivered are audio or video recordings and that they have unsealed them after delivery.

9. Guarantees

9.1. Legal guarantee against hidden defects

The Seller is liable for hidden defects of the Products under the conditions provided in articles 1641 and following of the Civil Code. It is reminded that the Buyer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code
This guarantee will not be applicable if the Seller and the Buyer are two professionals exercising an activity of the same specialty.

9.2. Guarantee of conformity

IMPORTANT
You can benefit from the legal guarantee of conformity if you meet these 3 conditions:
1. You are an individual (natural person);
2. Your Order is unrelated to your professional activity;
3. You have placed an Order with a Professional Seller acting as such on the Marketplace.
If you meet these 3 conditions (and only in this case), the provisions below apply to you.

The Seller is liable for lack of conformity of the Product in accordance with the provisions of Articles L. 217-4 and following of the Consumer Code and Article 10 of Directive (EU) 2019/771 of May 20, 2019 relating to certain aspects concerning contracts for the sale of goods.

It is reminded that within the framework of the guarantee of conformity, the Buyer:
- has a period of two years from the delivery of the goods to act vis-à-vis the Seller;
- can choose between the repair or the replacement of the good, provided that the chosen option does not represent a manifestly disproportionate cost with regard to the other option, taking into account the value of the good or the importance of the defect;
- is exempted from providing proof of the existence of the lack of conformity of the good.

When repair or replacement is impossible, the Buyer may either return the item and be reimbursed the full price, or keep it and be reimbursed part of the price.
Buyers are also informed that if they find a lack of conformity on a second-hand item more than 6 months after its delivery, they must provide proof that this defect existed before the sale.
This guarantee of conformity applies independently of any commercial guarantee that may be granted. The Buyer may decide to implement the guarantee against hidden defects provided for in article 1641 of the Civil Code.

9.3. Implementation of a guarantee

To benefit from the legal guarantee of conformity or the guarantee of hidden defects for a Product purchased from the Seller, the Buyer must contact the Seller through the Marketplace.
In order to optimize the processing of requests, Buyers are required to indicate in their request their first and last name as well as the email with which the Order was placed, the number of the Order concerned as well as the references enabling to identify the disputed Product.
As part of the implementation of these warranties, the conditions for taking over the Product may vary depending on the agreements concluded between the Seller and the suppliers or manufacturers of the Product.
The Products are returned to the Seller, as seen, with their packaging and accessories. Return costs will be reimbursed on presentation of receipts.

10. Customer Service - Claim

The Buyer may contact the Seller through the Marketplace for any information on a Product or for any complaint relating to an Order placed.
Sellers will do their best to respond to these requests as soon as possible.

11. Cancellation of an Order – Resolution

Any Order is final from its confirmation by the Seller on the Marketplace.

An Order may however be canceled and the T&Cs terminated.

- by the Buyer:
=> before the shipment of the Order, via the Account Member
=> in the event of non-delivery under the conditions of article 7.1;
=> in application of any applicable right of withdrawal or any legal guarantee offering this option.

- by the Seller,
=> in the event of non-payment of the price by the Buyer;
=> in case of unavailability of the Product or finding of non-conformity;
=> in the event of a liability with the Buyer, whether it is a dispute, communication or inappropriate behavior.

- by CDandLP
=> if the seller has not confirmed the availability within the limit time of 4 days after the order’s placement
=> if the Seller has not shipped within the limit time of 5 days after the Order’s payment was cashed.

- by one or the other Parties in the event of the occurrence of a case of force majeure under the conditions provided for in article 12 below.

In the event of cancellation by the Seller, the latter will inform the Buyer within a reasonable period of time following the assessment of one of the aforementioned cases through the Marketplace.

Any cancellation of an Order gives rise to the full refund of Buyers, provided Buyers return the Product to the Seller in its original condition if Buyers have it in their possession.
Apart from the cases provided at the end of this clause, the resolution of the T&Cs may in any event be requested in court.

12. Force majeure

Neither Party shall be held liable to the other for the non-performance or delays in the performance of an obligation due under these T&Cs, which would be due to the occurrence of a case of force majeure. as usually recognized by French case law and courts, or to an external cause, such as, without this list being exhaustive: total or partial strikes external to the company, bad weather, epidemics, water damage, fires, bomb attacks, natural disasters, social conflicts, intervention of civil or military authorities, governmental or legal restrictions, interruption of electrical or telecommunications networks, DOS, DDOS, scheduled interventions or seized by the courts.
In such a case, the obligations arising hereunder will be suspended.
If such a case of force majeure, fortuitous event or external cause continues for more than one (1) month, the Order will be resolved, and will give rise, where applicable, to full reimbursement of the sums paid by the Buyer.

13. Personal data

Some personal data of Buyers are processed by the Seller through the Marketplace (surname, first name and email address at a minimum). The Seller is responsible for processing this data.
This personal data that the Buyer will have provided to the Seller is necessary within the framework of the execution of the present and present a legitimate interest for Sellers in order to enable them to carry out their obligations: to ensure the commercial relationship (management and follow-up of Orders , invoicing), customer service, complaint handling.
As data controller, the Seller may be required to transmit this personal data to recipients or subcontractors responsible for processing them for the purposes described above.
This personal data may be kept by the Seller for the duration of the contractual relationship and for a maximum of 3 years from the last contractual relationship with the Buyer.
The Buyer has at any time a right of access, rectification, opposition, deletion, limitation, portability, to the personal data that he can exercise with the Seller, by writing to him. Any request by Buyers to exercise their rights must be signed and possibly accompanied by a copy of an identity document in force if the Seller requests it.
The Buyer also has the right to appeal to the competent authority responsible for the protection of personal data (in France, the CNIL).

14. Final provisions

14.1. Modifications of the T&Cs

The applicable T&Cs are those in force at the time of the Order.
In the event of modification of the T&Cs by CDandLP, the new version will apply to Orders placed from their entry into force.
It is therefore up to the Buyer to consult the T&Cs in force before placing any Order and to formally accept them.

14.2. Translation of the T&Cs

Should the present T&Cs be translated into in several languages, only the French version will be admissible.

14.3. Preservation des CGV

The Seller ensures the preservation of the T&Cs concluded with the Buyer and communicates them on simple request, in accordance with the provisions of Article L. 134-1 of the Consumer Code.

14.4. Convention of proof

Each of the Parties undertakes to recognize a probative value equivalent to that of a paper document to any electronic document or any information exchanged between them through their electronic correspondence or communication tools made available to them on the Marketplace as well as 'to any computerized data stored, accessible or generated by the Marketplace and relating to their pre-contractual relationship (information made available to the Buyer, Buyer's needs expressed to the Seller, etc.) such as their contractual relationship (date and content Order processing emails, complaints issued, etc.).
The Parties waive, except for proven computer fraud of the information systems used or voluntary human falsification, to invoke any unenforceability, inadmissibility or nullity of a proof which would be reported by means of the aforementioned documents or information.

14.5. Waiver

The fact that one or other of the Parties does not claim the application of any clause of the T&Cs or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this Party to the rights resulting for it from the said clause.

14.6. Partial nullity

The cancellation of one of the stipulations of the T&Cs will not entail the cancellation of these presents as a whole, unless the disputed stipulation cannot be considered, in the minds of the Parties, as substantial and decisive, or that its cancellation calls into question the general balance of the T&Cs.

14.7. Applicable law

The Parties agree to apply between them the French law as well as the regulations of the European Union concerning distance selling.
However, it is possible that the law of the Buyer's country contains more favorable provisions than French law or European Union regulations. In this case, the more favorable provisions of the law of the Buyer's country will apply between the Parties.

14.8. Complaints

Any difficulties of interpretation, execution and any disputes relating to the present must first be the subject of an attempt at amicable resolution between the Buyer and the Seller.

14.8.1. Dispute with a Buyer who is a natural person

In the event of a dispute that could not be settled directly with the Seller or through CDandLP, the Buyer has the right to have free recourse to the consumer mediator to which the Seller adheres, whose contact details are indicated by the latter on Marketplace.

A resolution of disputes may also be sought through the European Commission's online dispute resolution platform.

In the event of a persistent dispute, Buyers may refer to the jurisdiction of the place where they lived at the time of the conclusion of the contract or the occurrence of the harmful event.

14.8.2. Dispuite with a Buyer who is a legal entity

In the event of a dispute that could not be settled directly with the Seller or through CDandLP, the Buyer may refer to:
- the jurisdiction of the Seller’s place of establishment if the latter is a professional.
- the jurisdiction of the Buyer’s place where he/she lives if the Seller is not a professional.