Terms of sale

Article 1 – Scope

L'OLIFANT JEANNOUTOT ET FILS, a French limited liability company with share capital of €30,000, registered with the Paris Trade and Companies Register under no. 315 457 077, with registered office at 93 avenue Daumesnil, 75012 Paris, carries out the activities covered by these General Terms and Conditions of Sale under the trade name « L'OLIFANT PARIS » (hereinafter the "Company" or "L'OLIFANT").

It specialises in the design, manufacture, marketing, rental, repair, renovation and maintenance of musical instruments, and more particularly brass instruments.

It markets the said products and their accessories in its shop at 93 avenue Daumesnil, 75012 Paris.

More specifically, at present, it sells brass mouthpieces (horns, trumpets, trombones/tubas, etc.) on its website https://www.boutique.lolifantparis.com/ (hereinafter the "Website").

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded on the Website with consumers and non-professional and professional buyers (hereinafter the "Customers").

Article 2 – Information relating to products offered for sale

2.1

The choice and purchase of a product is the sole responsibility of the Customer.

The main characteristics of the products offered for sale, and in particular their descriptions, origin, specifications, compositions, restrictions, limitations or recommendations for use, illustrations, sizes or dimensions are presented on the Website.

The Customer must read them before placing any order.

Photographs and graphics presented on the Website are not contractual and cannot engage the liability of L'OLIFANT.

2.2

Contractual information (summary description, size and/or dimensions) is presented in English and French and is confirmed at the latest when the Customer validates the order.

2.3

Products marketed on the Website may only be delivered in Metropolitan France and in any other territory expressly offered on the Website.

For any order to a geographical area not eligible for delivery on the Website, the Customer may request a quote by email (info@lolifantparis.com).

Article 3 – Conditions relating to product orders

3.1

To place an order on the Website, the Customer must be of legal age, have legal capacity and hold a bank card as defined in Article 7 below.

Offers for products marketed on the Website are valid for as long as they are visible on the Website and subject to available stock.

3.2

The Customer undertakes to ensure that the information provided to the Company in connection with the order is complete, accurate and up to date. Failing this, the Company reserves the right: (i) to cancel the order and payment outright, or (ii) to make them subject to the Customer providing any supporting document enabling it to verify the accuracy of the said information.

3.3

In accordance with Article L. 121-11 of the French Consumer Code, the Company shall be entitled, at its discretion, for retail sales, to refuse or cancel any abnormal order exceeding a number of items deemed reasonable by the Company.

The Company shall also be entitled to refuse any order: (i) placed by a Customer with whom there is a dispute relating to payment of a previous order, or (ii) not compliant with these General Terms and Conditions of Sale.

Article 4 – Order process on the Website

4.1

Placing an order on the Website is subject to strict compliance with the procedures described below, materialised by various screens indicating the successive stages that the Customer must follow to validate the order.

4.2

After choosing products and confirming the order, the Customer proceeds with online payment. Depending on the case, the debit authorisation for the Customer's bank account issued by the Customer's bank is displayed.

The Customer is advised to save and/or print the debit authorisation on paper.

Once the Customer's bank account debit is authorised, the "Cart" is transmitted directly to the Company's order preparation department.

4.3

The Company acknowledges receipt of the order by email sent to the email address provided by the Customer.

In accordance with Article 1126 of the French Civil Code, the Customer expressly accepts the use of email for confirmation of the order by the Company.

The sale shall only be deemed final after payment in full of the price by the Customer, whatever the payment method.

Failing this, L'OLIFANT reserves ownership of the products concerned and may therefore claim ownership of the said products without prior formal notice, even if they have already been delivered to the Customer.

Article 5 – Delivery

5.1. Delivery times

The delivery time indicated on the Website when ordering is an indicative average time.

If ordered products have not been delivered within fifteen (15) days after the indicated delivery date for any reason other than force majeure or the Customer's fault, the sale may be terminated at the Customer's written request made at the end of this period by email (info@lolifantparis.com). In this case, the order is deemed terminated upon receipt by L'OLIFANT of the termination request, unless L'OLIFANT has performed in the meantime.

Amounts paid by the Customer shall then be refunded no later than fourteen (14) days following the date of termination of the order, excluding any compensation or deduction.

5.2. Transfer of ownership – Transfer of risks

Transfer of ownership of products purchased on the Website to the Customer takes place after full payment of the price by the latter, whatever the delivery date of the said products.

Whatever the date of transfer of ownership of the products, transfer of the risks of loss and deterioration shall only take place when the Customer takes physical possession of the products.

5.3. Delivery charges

Unless expressly stated otherwise by L'OLIFANT when ordering, delivery charges are borne by the Customer and vary according to the characteristics of the order.

These charges are added to the amount of the ordered products.

Their amount shall be subject to the Customer's acceptance when confirming the order.

5.4. Receipt of delivery

The Customer chooses the delivery method from those offered on the Website after finalising product selection and entering the address. Delivery methods offered depend on the order country.

The parcel is delivered to the address designated by the Customer in the order (with or without delivery note).

Each home delivery is deemed completed upon making the product available to the Customer, as evidenced by the carrier's tracking system.

Each pick-up point delivery is deemed completed upon signature of the receipt by the Customer.

Without prejudice to the period available to the Customer under the right of withdrawal defined in Article 10 below, the Customer must check the parcel upon arrival and make any justified reservations and claims to L'OLIFANT, or refuse the parcel in case of error compared to the order, if the parcel has been opened or shows signs of damage.

Such reservations and claims must, on pain of nullity, be sent to L'OLIFANT by email (info@lolifantparis.com) within seven (7) days following delivery of the products.

Article 6 – Proof of order

It is expressly agreed between the Company and the Customer that emails shall be binding between the parties, as shall the automatic recording systems used by the Website, in particular as regards the nature and date of the order.

Article 7 – Product prices

7.1.

Prices of products marketed on the Website are expressed in euros. Amounts excluding tax (excl. VAT) and including all taxes (incl. VAT), excluding delivery charges, are indicated after entering the geographical area and delivery method.

L'OLIFANT reserves the right to modify its prices at any time, but products shall be invoiced on the basis of prices in force at the time of ordering.

For any order placed in a foreign country, prices shall remain expressed in euros.

7.2.

For all orders shipped to Metropolitan France or Corsica, the price shall be automatically calculated incl. VAT on the invoice.

7.3

For all orders shipped to any other Member State of the European Union, the excl. VAT price shall be increased by VAT applicable in France. By way of derogation, the excl. VAT price may be increased by VAT of the delivery country if the thresholds referred to in Article 43 of European Directive 2006/112/EC of 28 November 2006 are exceeded or (ii) in the event of L'OLIFANT's option to apply VAT of the delivery country.

For all orders shipped outside the European Union, the price shall not be increased by French VAT. Martinique, Guadeloupe and Réunion are treated as export territories for VAT purposes.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and remain the sole responsibility of the Customer.

Article 8 – Payment methods

All orders may be paid in full by the Customer:

• On the Website by bank card;
• By telephone by bank card.

Cards issued by banks domiciled outside France must be international bank cards.

The list of accepted bank cards appears on the Website and may change.

In this context, the Customer undertakes to pay using a bank card of which they are personally the holder.

For online payment on the Website, the Customer accesses a secure server.

The transaction is then carried out by the Customer in accordance with banking security standards.

By providing their bank card number, the Customer accepts in advance and unconditionally that the Company shall carry out the secure transaction.

Debit authorisation for the Customer's account is always given for the amount of the product(s) purchased.

The Customer's bank card is then debited after verification that the order complies with these general terms and conditions of sale and that ordered products are available at the time of shipment by the Company.

If, for any reason (opposition, refusal by the issuing centre, etc.), debiting amounts due by the Customer proves impossible, the order shall not be registered by the Company and/or shall be cancelled.

Article 9 – Intellectual property

The content of the Website is the property of the Company.

It is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute counterfeiting.

The Customer is particularly prohibited from:

• Any total or partial reproduction, downloading, modification or use of products marketed by the Company as well as all trademarks and, more generally, all illustrations, images, drawings, models and logos, whether registered or not, for any reason and on any medium;
• Any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive sign intended to form a composite logo;
• Creating hyperlinks to any page or any element comprising the Website;
• Using any element comprising it (products presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use.

Article 10 – Right of withdrawal

10.1

For any order to Metropolitan France or Overseas France, the Customer has a right of withdrawal which may be exercised by registered letter with acknowledgement of receipt containing the information referred to in Annex I, without having to give reasons, within fourteen (14) days from delivery of the products concerned.

10.2

If the right of withdrawal is exercised within the 14-day period, L'OLIFANT shall refund the Customer an amount equal to the price of returned products, excluding initial delivery charges. Return shipping costs shall be borne by the Customer. Products travel at the Customer's risk.

10.3

In all cases, if the delivery process for the products concerned has not started, the order shall simply be cancelled.

If some products have been delivered to the Customer, the return process shall be as set out in Article 10.2.

Returned products must also comply with the provisions of Article 10.4 above.

10.4

If products are returned to L'OLIFANT, each product must be in its original perfect condition. It must be in the same packaging as that in which it was sent and accompanied by its label and all accessories and documents provided upon delivery.

Return to L'OLIFANT of any personalised, altered, exchanged, damaged (except damage caused by the carrier), used, incomplete or modified product by the Customer shall not give rise to any refund or exchange. It may however be resent to the Customer at their expense.

With regard more particularly to mouthpieces, returned products must, to qualify for a refund, be returned in their initial condition, i.e. not marked, scratched or damaged in any way. L'OLIFANT recommends, to avoid any product damage, trying a mouthpiece in particular by wrapping tape around the shank.

Article 11 – Conformity – warranty

11.1

In accordance with legal provisions, products sold on the Website automatically benefit from the following warranties under the conditions and according to the terms set out in the box in Annex II:

• legal conformity warranty, for products apparently defective, damaged or not corresponding to the order,
• legal warranty against hidden defects arising from a defect in material, design or manufacture affecting delivered products and rendering them unfit for use.

11.2

To assert their rights, the Customer must inform L'OLIFANT by email (info@lolifantparis.com) or by registered letter with acknowledgement of receipt of non-conformity of products or existence of hidden defects within the above time limits and return non-conforming or defective products under the conditions referred to in Article 5.5 above.

To assert their rights, the Customer must return non-conforming or defective products in the condition in which they were received with all accessories.

11.3

Subject to the Customer complying with the provisions of Article 11.2 above, L'OLIFANT shall refund, replace or have repaired products under warranty deemed non-conforming or defective.

Refunds for products deemed non-conforming or defective not exchanged or repaired by the Company shall be made as soon as possible and at the latest within thirty (30) days following L'OLIFANT's finding of non-conformity or hidden defect.

Article 12 – Protection of personal data

12.1.

Under French Data Protection Act no. 78-17 of 6 January 1978 as amended by Act no. 2018-493 of 20 June 2018, personal data requested from the Customer is necessary in particular for processing the order and issuing invoices.

This data may be communicated to L'OLIFANT's partners responsible for execution, processing, transport, management and payment of orders.

Processing of information communicated via the Website meets legal requirements for protection of personal data; the information system used ensures optimal protection of this data.

The Customer has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing regarding information concerning them.

To exercise this right, they need only send a request by email (info@lolifantparis.com) or consult our Privacy Policy.

12.2.

The Customer must express consent to receive advertising and newsletters by email: absence of consent is equivalent to opposition.

The Customer also has the right to object to use of their personal data for commercial prospecting purposes.

Article 13 – Force majeure

Performance by the Company of all or part of its obligations shall be suspended in the event of occurrence of a fortuitous event or force majeure within the meaning of Article 1218 of the French Civil Code preventing or delaying performance. The Company shall inform the Customer of such fortuitous event or force majeure within seven (7) days of its occurrence.

If this suspension of performance of the Company's obligations continues beyond a period of fifteen (15) days, the Customer shall then have the possibility of terminating the order in progress and a refund shall be made by the Company as soon as possible by credit to the bank account.

Article 14 – Non-waiver

The fact that the Company refrains at any time from requiring performance of any provision of these general terms and conditions of sale cannot be interpreted as a waiver of subsequently invoking such total or partial non-performance.

Article 15 – Validity of general terms and conditions of sale

If any provision of these general terms and conditions of sale is declared null in whole or in part, the other provisions and other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and applicable.

Article 16 – Applicable law

These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French.

If they are translated on the Website into one or more foreign languages, only the French text shall prevail in the event of a dispute, unless the legislation of the delivery country provides otherwise.

Article 17 – Disputes

All disputes to which purchase and sale operations concluded under these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up and which could not be resolved between L'OLIFANT and the Customer shall be submitted to the competent courts of Paris under ordinary law.

Article 18 – Pre-contractual information – Customer acceptance

Ordering on the Website by a natural or legal person entails full and complete adherence to and acceptance of these General Terms and Conditions of Sale and obligation to pay for ordered products, which is expressly acknowledged by the Customer, who waives in particular reliance on any contradictory document, which would then be unenforceable against L'OLIFANT.

As these General Terms and Conditions of Sale may be amended subsequently, the version binding on the Customer is that in force on the Website on the date the order is placed.

ANNEX I - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the website https://www.boutique.lolifantparis.com/, subject to exclusions or limits on exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.

To L'OLIFANT JEANNOUTOT ET FILS, 93 avenue Daumesnil, 75012 Paris,

Order dated .........................

Order number: ...........................................................

Customer name: ...........................................................................

Customer address: .......................................................................

Customer signature:

ANNEX II - Provisions relating to legal warranties

Article L217-3 of the French Consumer Code

The seller delivers goods conforming to the contract and to the criteria set out in Article L217-5 of the French Consumer Code.

The seller is liable for conformity defects existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years thereof. […]

The seller is also liable, during the same periods, for conformity defects resulting from packaging, assembly instructions or installation when installation was the seller's responsibility under the contract or was carried out under its responsibility, or when incorrect installation by the consumer as provided in the contract is due to shortcomings or errors in installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day the consumer becomes aware of the conformity defect.

Article L217-4 of the French Consumer Code

The goods are conforming to the contract if they meet in particular, where applicable, the following criteria:

• They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
• They are fit for any special use sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract and accepted by the latter;
• They are delivered with all accessories and installation instructions to be provided in accordance with the contract;
• They are updated in accordance with the contract.

Article L217-5 of the French Consumer Code

I.-In addition to conformity criteria under the contract, the goods are conforming if they meet the following criteria:

• They are fit for the use normally expected of goods of the same type, taking into account, where applicable, any provision of EU law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
• Where applicable, they have the qualities that the seller presented to the consumer in the form of a sample or model before conclusion of the contract;
• Where applicable, digital elements are supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
• Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
• Where applicable, they are supplied with updates that the consumer may legitimately expect, in accordance with Article L. 217-19;
• They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling. […]

Article L217-13 of the French Consumer Code

Any goods repaired under the legal conformity warranty benefits from a six-month extension of that warranty.

Where the consumer chooses repair but repair is not carried out by the seller, bringing goods into conformity by replacement starts a new legal conformity warranty period for the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.

Article 1641 of the French Civil Code

The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.