Terms and Conditions of Sale of Products and Services
Applicable from 04/01/2023
Article No. 1: Purpose and scope
These General Conditions of Sale (CGV) constitute the basis of commercial negotiations and are systematically addressed or made available to each customer to enable them to place an order.
The General Terms and Conditions described below detail the rights and obligations of the company BOXIS and apply, without restriction or reservation, to any sale of guitars and any accessory/merchandising products by the company BOXIS to non-professional consumers and professional buyers (hereinafter -after “the Client ” or “the Clients ”). When it is simply indicated “Customer” then it refers to any type of customer, both the professional customer and the non-professional consumer/individual customer.
The Customer is required to read these General Terms and Conditions before placing an order.
Consequently, the conclusion of a Contract by a Customer implies the latter's full acceptance of the General Terms and Conditions.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day the order is placed by the Customer.
BOXIS contact details are indicated at the bottom of the page.
Article n°2: Express acceptance of the Customer to the general conditions of sale
Any acceptance of the quote and/or any order of products by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions.
In addition, even if the mere placing of an order and acceptance of the quote constitutes acceptance of these terms, for the sake of clarity, any quote also includes a box to be checked by the Customer by which he acknowledges having read these General Terms and Conditions and accepts them.
The fact that BOXIS does not avail itself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of said conditions.
Article n°3: Ordering products
The company BOXIS offers the Customer the opportunity to purchase online, on its website www.boxisguitars.com, guitars manufactured by BOXIS and other products, such as music accessories, clothing or others (guitars and the other products being hereinafter indifferently named “ Product ” or “ Products ”).
3.1 Ordering Products
The choice and purchase of one or more Products is the sole responsibility of the Customer.
To complete their Product purchase, the Customer selects each Product they wish to purchase and adds it to their basket (“basket” or “cart”). When the Customer has selected all the Products he wishes to purchase, he can confirm the contents of the basket and proceed with the purchase.
The Customer is then redirected to a page summarizing the details of the Products he has selected, their price and the costs and delivery methods.
On this page, the Customer indicates his email address, his postal address, his first and last name or his company name, as well as his telephone number.
On this same page, there is also the “payment” button on which the Customer must click to enter the information necessary for payment. The Customer can then check their order and validate the payment.
A confirmation email is then sent to the Customer after placing the order. This confirmation email informs the Customer that their order will be shipped within five (5) working days.
3.2 Editing orders
It is up to the Customer to verify the accuracy of the order and to immediately report any error to BOXIS and at the latest before the date of dispatch of the Products by BOXIS, which occurs within five (5) working days from placing an order.
Any modifications to the order requested by the Customer will only be taken into account, within the express limits of BOXIS' possibilities, if they are notified in writing, within two (2) days following the placing of the order, in order to allow BOXIS to respect its deadline for sending the Products.
As BOXIS' policy is to constantly improve its Products, BOXIS reserves the right to modify, in a minor manner, the technical specifications of the Products. BOXIS, however, guarantees at least equivalent functionality and performance, and no significant changes will be made without the Customer's agreement.
3.3 Transfer of ownership and risks
The transfer of ownership of the Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter.
The transfer of risks of the Products, for the benefit of the Customer, is carried out as soon as the Customer takes possession of the Products.
3.4 Consumer Customer’s 14-day right of withdrawal
Consumer/non-professional individual Customers are reminded that they have the legal withdrawal period of 14 days provided for in article L.221-18 of the Consumer Code.
This period starts from physical receipt of the Product by the non-professional consumer/individual Customer, or by a third party (other than the carrier) designated by the consumer/individual Customer.
To be able to use this right of withdrawal, it is up to the consumer Customer/non-professional individual to send a withdrawal request via the email address contact@boxisguitars.com before the end of the 14-day period and to return the Product to the address of 3, allée de l’Église (69720) SAINT-BONNET-DE-MURE.
If the right of withdrawal is used by the consumer/non-professional individual customer in time, the BOXIS company will reimburse all payments received from the consumer/non-professional individual customer, including delivery costs, at the latest within a period of 14 days from actual receipt by BOXIS of the Product returned by the Customer. The Customer must nevertheless bear the costs of returning the Product.
The company BOXIS will use, for reimbursement, the same means of payment as that of the consumer customer/non-professional individual when he paid the price of the Product, unless the consumer customer/non-professional individual expressly requests that another means of payment is used, provided that this means of payment is legal.
It is specified that the Consumer Customer/non-professional individual has, for his part, the obligation to return the Product in good condition no later than 14 days from the date on which he notified his decision to withdraw. He therefore assumes responsibility in the event of failure to return the Product within this period.
To be presumed to be in “good condition”, the consumer/non-professional individual Customer must return the Product in its original packaging, in perfect condition suitable for resale, unused and with all possible accessories. The Customer must also include in his return package a letter specifying his full name, first name and address, as well as the order number and the original purchase invoice.
Please note that this withdrawal period only benefits consumer/individual Customers, and not professional Customers.
Article n°4: Ordering personalized products
The BOXIS company also offers the Customer the possibility of ordering a personalized guitar (hereinafter “ Personalized Product ” or “ personalized guitar ”), manufactured according to the Customer’s preferences.
4.1 Placing orders for personalized Products
Orders for services are placed by the Customer, directly with BOXIS, via a contact form made available on the company's website www.boxisguitars.com.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors to BOXIS. The choice and purchase of a personalized Product is the sole responsibility of the Customer.
The BOXIS company then receives an e-mail and contacts the Customer as soon as possible, by e-mail or telephone, in order to communicate directly with the Customer to define their exact needs.
The BOXIS company subsequently provides by mail or e-mail a quote formulated incl. VAT to the Customer detailing the specifics of the order and its price. This takes into account, in particular, the cost of raw materials, the amount of VAT and the commercial margin. Delivery costs are indicated. In the event of a contradiction between the T&Cs and the quote, the quote will prevail over the T&Cs.
It is specified that, even if the sole placing of an order by the Customer entails acceptance of the General Conditions of Sale, the Customer once again expresses his acceptance of the General Conditions of Sale by checking the box provided for this purpose in the quote.
Once the quote has been validated by the Customer, the sale of the personalized Product will only be considered final after confirmation of acceptance of the order by BOXIS and payment by the Customer of a deposit corresponding to 50% of the price indicated in the quote. .
This deposit allows BOXIS to obtain the raw materials necessary to make the personalized guitar.
4.2 Editing orders
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error to BOXIS, and no later than seven (7) working days after validation of the quote relating to the order of personalized Products by BOXIS.
Any modifications to the order requested by the Customer will only be taken into account, within the express limits of BOXIS' possibilities, if they are notified by e-mail to the address contact@boxisguitars.com, within seven ( 7) days mentioned above.
This seven (7) day period is explained by the fact that the Client will have already benefited from a long period of reflection before accepting the quote, acceptance itself preceded by a long period of discussion on the Client's wishes. .
As BOXIS' policy is to constantly improve its Products, BOXIS reserves the right to modify, in a minor manner, the technical specifications of the Products. BOXIS, however, guarantees at least equivalent functionality and performance, and no significant changes will be made without the Customer's agreement.
4.3 Transfer of ownership and risks
The transfer of ownership of the Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter.
The transfer of risks of the Products, for the benefit of the Customer, is carried out as soon as the Customer takes possession of the Products.
4.4 Exception to the right of withdrawal
It is here specified to the Consumer Customer/non-professional individual, that under Article L.221-27 of the Consumer Code, the legal withdrawal period of 14 days provided for by Article L.221-18 of the Consumer Code, cannot apply to orders for personalized Products.
Indeed, these personalized Products, namely the guitars, were “made according to the consumer's specifications or clearly personalized”.
4.5 Deposits
As previously explained in article 4.1, a deposit of 50% of the amount of the quote is required from the Customer upon validation of this quote so as to be able to cover the first costs necessary for the sale of personalized Products, such as for example, ordering merchandise and/or raw materials.
4.6 Manufacturing and delivery of the personalized Product
The BOXIS company manufactures and sends the personalized Product within an indicative and informative (but not contractual) period of 4 months from validation of the order. This indicative deadline is indicated on the quote.
Shipping costs are the responsibility of the Customer and are indicated when confirming the order.
If the Products ordered have not been made available to the Customer within TWENTY (20) days after the indicative date specified above, for any reason other than force majeure or the act of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L.216-1 and L.241-4 of the Consumer Code.
Any sums paid by the Customer will then be returned to them no later than 14 days following the date of termination of the contract, excluding any compensation or withholding.
For international deliveries, the Customer is the importer of the Personalized Product, therefore any duties and taxes related to importation and payable by the competent authorities are the responsibility of the Customer.
The transfer of ownership of the Products, to the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter.
The transfer of risks of the Products, for the benefit of the Customer, is carried out as soon as the Customer takes possession of the Products.
Article No. 5: Price
5.1 Price
The prices of the Products sold are those in effect on the day the order is taken and are thus indicated on the quote established for personalized Products or on the summary internet page for other Products. They are denominated in euros and calculated excluding taxes and VAT.
The Customer is always informed unambiguously of the total price that he must pay.
For international deliveries, the Customer is the importer of the Product, therefore any duties and taxes related to importation and payable by the competent authorities are the responsibility of the Customer.
5.2 Invoicing
An invoice is established by BOXIS and given to the Customer:
when validating the order for any Product purchased on the website,
when sending the personalized Product in the event of an order for a Personalized Product.
Article No. 6: Terms of payment of the price
6.1 For non-personalized Products
The price is payable in cash, in euros, in full upon validation of the order.
This price is payable only via PayPal, at no additional cost.
Payments made by the Customer will only be considered final after BOXIS has actually received the sums owed to it.
6.2 For personalized Products
The price is payable in cash, in euros, by a 50% deposit upon validation of the order, then by a second payment of the remaining 50% within 14 days following notification by BOXIS to the Customer that the guitar is finalized. and ready to send.
This price is payable:
Bank transfer
Or, at the Customer's choice, by PayPal, with an additional 4% to cover costs of this means of payment.
Payments made by the Customer will only be considered final after BOXIS has actually received the sums owed to it.
Article No. 7: Late payment
7.1 Late penalties
Any amount including tax not paid by the due date will give rise to the payment by the Customer of penalties due automatically.
Thus, in the event of total or partial non-payment of the Products and personalized Products delivered on the due date, the Professional Customer must pay BOXIS a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the day of delivery of the goods.
The consumer/non-professional Customer must pay BOXIS a late payment penalty equal to the legal interest rate.
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
7.2 Collection costs
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
This fixed compensation of 40 euros applicable under article L.441-10 of the Commercial Code will only be payable to a professional Customer, and not to a non-professional consumer/individual Customer.
The provisions of articles 7.1 and 7.2 apply without prejudice to any other legal or extrajudicial action that BOXIS may be entitled to take against the professional and/or consumer Customer for the payment of its invoices.
Article 8. Liability
8.1 Liability
The Products offered for sale comply with the regulations in force in France and have performances compatible with professional and non-professional uses.
In the event that the Customer is a consumer and not a professional, he is reminded that the goods and products supplied by the company BOXIS automatically benefit from the legal guarantee of conformity provided for in articles L.217-3 et seq. Consumer Code and the legal guarantee against hidden defects provided for in article 1641 of the Civil Code.
Article 1641 of the Civil Code :
The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.
Article L.217-3 of the Consumer Code:
The seller delivers goods that comply with the contract as well as the criteria set out in article L.217-5.
He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;
2° When the contract provides for the continuous supply of digital content or a digital service for a period greater than two years, the seller is responsible for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
The seller also responds, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the civil code. The starting point for the prescription of the consumer's action is the day the latter becomes aware of the lack of conformity.
In order to assert his rights, the Customer must inform BOXIS, in writing, of the non-conformity of the Products within the legal deadlines and return the defective Products in the condition in which they were received with all the elements (accessories , packaging, instructions, etc.).
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and will be made by credit to the Customer's bank account.
8.2 Limits of liability
The BOXIS guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
The cost of replacing or repairing the Product cannot exceed the price of the Product.
In addition, the warranty obligation to which the company BOXIS is subject only applies exclusively to the first user.
8.3 Exclusion of liability
BOXIS cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the Products are used, which it is up to the Customer to verify,
negligence or lack of maintenance on the part of the Customer (such as, for example, damage caused to the Product due to improper storage thereof by the Customer), as in the event of normal wear and tear of the Product (including jacks, controls, switches, plated surfaces, tuners, pickguards, zippers, clasps, handles, latches, case hardware, etc.), accident, natural disaster , pandemic or force majeure,
replacement of consumables (batteries, lamps, fuses, microphones, cords, etc.),
defects and their consequences due to customization or modification by the Customer or the intervention of a repairer not approved by the BOXIS company,
apparent defects, of which the consumer will have become aware at the time of purchase,
damage due to improper use of the Product, or excessive use, unsuitable or not in accordance with the use for which the Product is intended,
damage to surface coverings,
adjustments, adjustments or routine maintenance of any kind,
damage to finishes or cracks/splits/embossing of wood due to changes in temperature or humidity, exposure to or contact with sun, fire, humidity, body salts and acids from perspiration, guitar straps, guitar supports/supports made of vinyl, plastic, rubber or other synthetic materials, any other unapproved chemicals or polishing products,
damage, corrosion or rust to any material component caused by humidity, salt air or exposure to humidity, body salts and acids from perspiration,
Any instrument whose serial number is missing, modified or altered in any way,
Any instrument purchased from someone other than BOXIS.
More broadly, the Customer is informed that the photographs, texts, graphics, information and characteristics illustrating the Products are not contractual. Consequently, BOXIS cannot be held liable in the event of an error or omission in any of these photographs, texts, graphics, information or characteristics.
In addition, a blatant error in price display, such as a price of zero or equal to zero, as well as any price not corresponding to the market price usually observed, will result in the order being canceled without compensation.
BOXIS cannot be held responsible for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total strike in particular of postal services and means of transport and/or communications, flooding , fire and other major risks.
BOXIS will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase of the products.
The total or partial impossibility of using the Products, in particular due to material incompatibility, cannot give rise to any compensation or reimbursement or call into question the liability of BOXIS.
Hypertext links may potentially refer to sites other than the site www.boxisguitars.com. BOXIS disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Article No. 9: Termination of the contract
Failure by BOXIS or the Customer of any of the obligations arising from the sale of the Products will result in the automatic termination of the contract for the sale of the Products ONE (1) month after sending a formal notice which remains unsuccessful. sent by mail with acknowledgment of receipt.
Article No. 10: Reservation of ownership
It is recalled here that the BOXIS company expressly reserves ownership of the goods and Products delivered until full payment of their price in principal and interest.
It is also recalled that the Customer will nevertheless become responsible for these goods and supplies as soon as they are physically delivered, the transfer of possession entailing that of risks.
The Customer must therefore have an insurance contract guaranteeing the risks of loss, theft or destruction of the designated goods and supplies.
As such, if the Customer is a professional subject to receivership or judicial liquidation, the company BOXIS reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.
Article No. 11: Intellectual property
The Products, plans, drawings, and in general everything that contributes to the originality of the Products manufactured by the BOXIS company is a work of the mind which remains the intellectual property of the company.
As such, BOXIS reserves the right to inscribe its name on its work and to demand that it be maintained there.
BOXIS is also entitled to request from the Client the publication of its name and position when publishing its achievements and to oppose the modification of its achievements in the event of distortion.
The sale of goods does not confer any right of reproduction, even partial, without the prior written consent of the company BOXIS.
Article n°12: Protection of personal data
12.1 Purpose of collecting personal data
The personal data collected by BOXIS (mainly last name, first name, postal details, telephone number, email address, bank details, etc.) are recorded in its customer file. All of the information collected is necessary for the conclusion and execution of the contract and is mainly used for the proper management of relations with the Customer, the processing of orders and the promotion of BOXIS services.
The personal information collected will be kept for as long as necessary for the execution of the contract, the fulfillment by the company of its legal and regulatory obligations or the exercise of the prerogatives recognized by the law and case law.
Access to personal data is strictly limited to employees and agents of the company, authorized to process them by reason of their functions.
The information collected may possibly be communicated to third parties linked to BOXIS by contract for the execution of subprocessed tasks necessary for order management, without authorization from the Customer being necessary. It is specified that, in the context of the execution of their services, third parties have only limited access to the data and have the obligation to use them in accordance with the provisions of the applicable legislation regarding the protection of data. personal data.
Apart from the cases stated above, BOXIS undertakes not to sell, rent, transfer or give access to third parties to the data without prior consent of the Customer, unless forced to do so for a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
The recipients of the data are located entirely within the European Union.
12.2 Exercise of the Customer’s rights
In accordance with EU Regulation 2016/679 of April 27, 2016 known as “GDPR”, the Customer has the right to access, rectify, and delete his personal data or even limit the processing of his personal data.
He may also, for legitimate reasons, object to the processing of data concerning him.
The customer may, subject to the production of valid proof of identity, exercise his rights by contacting BOXIS using the following email address:
contact@boxisguitars.com
12.3 Promotional Messages
In the event that the Customer does not wish to receive promotional messages and invitations via e-mail, SMS messages, telephone calls and postal mail, he or she has the possibility of indicating his or her choice in the document materializing the BOXIS offer. , to modify their choice by contacting BOXIS under the conditions mentioned above or by using the unsubscribe links provided in the SMS or electronic messages.
This right also applies to people whose data (in particular their identity and contact details) have been transmitted, with their authorization, to BOXIS by third parties, for commercial prospecting purposes.
Article No. 13: Applicable law – Language – Dispute
The General Conditions and the resulting transactions between BOXIS and the Client are governed by and subject to French law.
The General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
For the Professional Customer: All disputes to which the sales of services concluded in application of these General Conditions could give rise and which could not have been resolved amicably beforehand between BOXIS and the Customer, will be submitted to the competent courts in the jurisdiction of the Court of Appeal of Lyon (69).
For the Consumer Customer: ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH COULD NOT HAVE BEEN RESOLVED AMICABLY BETWEEN BOXIS AND THE CUSTOMER, WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER COMMON LAW CONDITIONS.
The consumer Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution ( conciliation, for example) in the event of a dispute.
This procedure is free and accessible at this address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
