By making available/uploading content on Vinylacy, the Buyer represents that they own all rights to such Content and/or have obtained the required license, and the Buyer warrants to Vinylacy that they have the right to make Content available and warrants that all Content they provide :

Does not infringe the (intellectual property) rights or privacy of Vinylacy and/or third parties;

Does not contain (sexually) intimidating, offensive, discriminatory, harassing or otherwise controversial messages;

is not (in Vinylacy's opinion) contrary to morality or good taste, is not violent, contains links to pornographic material or pornographic websites, or contains pornographic or erotic material; or

Is not illegal or harmful to third parties or Vinylacy.

The Buyer warrants that it will not use the Service and/or the Product :

In such a way that the intellectual property and/or privacy rights of Vinylacy or third parties are violated and/or in any other illegal manner;

In violation of applicable laws or regulations; and/or

In breach of any provision of the Agreement.

The Buyer shall warrant that the Content it makes available to Vinylacy as part of the Service is unencumbered and that there are no intellectual property rights of others thereon, and that the Content does not infringe or conflict with any rights of third parties and that their use is not unlawful for third parties.

Preamble

These general terms and conditions of sale apply to all sales concluded on the Vinylacy website.

The website www.vinylacy.com is a service of :

Vinylacy SAS

located at 10, Rue de la Paix, 75002 Paris, France

website URL: www.vinylacy.com

mail : contact@vinylacy.com

The Vinylacy website sells the following products: Custom vinyls records.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general sales conditions.

Article 1 - Principles

These general terms and conditions express the entirety of the obligations of the parties. The purchaser is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the Vinylacy website and shall prevail, where applicable, over any other version or any other contradictory document.

The seller and the purchaser agree that the general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered as governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These terms and conditions are valid until January 01, 2099.

Article 2 - Content

The purpose of the general terms and conditions contained herein is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the Vinylacy website.

The present conditions only apply to purchases made on the Vinylacy website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address :Contact@Vinylacy.com.

These purchases concern the following products: Customizable vinyls.

Article 3 - Pre-contractual information

The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the purchaser in a clear and comprehensible manner:

the essential characteristics of the goods ;
the price of the goods and/or how the price is calculated;
where applicable, any additional transport, delivery or postage charges and any other charges that may be due;
in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of price;
information relating to the seller's identity, postal, telephone and electronic contact details, and business activities, legal guarantees, digital content functionalities and, where applicable, interoperability, the existence and implementation of guarantees and other contractual conditions.

Article 4 - The order

The purchaser may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or good ordered.

In order for the order to be validated, the buyer must accept the present general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final :

after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;
and after receipt by the seller of the full price.

Any order implies acceptance of the price and description of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees indicated below.

In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may call the following telephone number: (cost of a local call), on the following days and at the following times: Monday to Saturday, 8am to 8pm, or send an e-mail to the seller at the following e-mail address :Contact@vinylacy.com.

Article 5 - Electronic signature

The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement:

Payability of sums due under the purchase order;
signature and express acceptance of all operations carried out.

In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller on the following telephone number: +33 1 89 70 50 52.

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7 - Proof of transaction

Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

The products governed by these terms and conditions are those displayed on the seller's website and indicated as sold and dispatched by the seller.

They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractual.

Article 9 - Price

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. The price includes the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the products.

Article 10 - Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

To pay for the order, the purchaser may choose from among the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order and any delivery in the event of refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

Payment must be made in full on the day the order is placed, using the following methods:

Credit Card
Debit Card
PayPal
Apple Pay

Article 11 - Product availability - Refund - Resolution

Except in cases of force majeure or when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be as indicated below, while stocks last.

Delivery times run from the order registration date indicated on the order confirmation e-mail.

For deliveries in mainland France and Corsica, the delivery time is a maximum of 60 days from the day following that on which the buyer placed the order, using the following methods: Colissimo. At the latest, 60 days after conclusion of the contract.

For deliveries to French overseas departments and territories or to other countries, delivery terms will be specified to the purchaser on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or period, the purchaser must, before breaking the contract, request the seller to perform within a reasonable additional period.

In the event of failure to perform within this further period, the purchaser may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.

The contract will be deemed to have been terminated on receipt by the seller of the letter or written document informing him of this termination, unless the professional has carried out the transaction in the meantime.

The purchaser may, however, reimburse the contract if the above dates or deadlines constitute an essential condition of the contract.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums returned, at the latest within 14 days of the date on which the contract was cancelled.

In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order.

The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

Article 12 - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorized by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two days of receiving the item(s), and send a copy of this letter by fax or post to the seller at the address given in the site's legal notice.

If products are returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form.

Any claim made after this deadline will be rejected.

Claims may be made, at the purchaser's discretion by telephone at the following number:

+33 189 70 50 52

by e-mail to the following address :

Contact@vinylacy.com.

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer.

A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address:

Vinylacy, 11 Rue louise michel, 91700 Sainte geneviève des bois, France

Return shipping costs are at the seller's expense.

Article 14 - Product warranty 14-1 Legal warranty of conformity

The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.

In the event of a claim under the legal warranty of conformity, please note that :

the purchaser has a period of 1 month from the date of delivery of the goods to take action;
the buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the purchaser.

Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.

Return shipping costs are at the buyer's expense.

The exchange (subject to availability) or refund will be made within 0, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :

the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
the supply of goods made to the consumer's specifications or substantially personalized;
the supply of goods likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

Article 16 - Force majeure

Add a Title

All circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.

The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure” means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which could not be prevented by the parties, despite all reasonable efforts.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those recognized by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

Article 18 - Data protection

The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

It may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.

The processing of information communicated via the Vinylacy website is subject to a declaration to the CNIL.

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined on the Vinylacy website.

Article 19 - Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These terms and conditions are written in French and translated into other languages. Should they be translated into one or more foreign languages, only the French text will apply in the event of a dispute.

Article 23 - Mediation and settlement of disputes

The buyer may have recourse to conventional mediation, in particular with the Commission de la Médiation de la Consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The mediator's name, contact details and e-mail address are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the “European Union. This platform can be accessed at the following link: https://webgate.ec. europa.eu/odr/.

Article 24 - Applicable law

These terms and conditions are governed by French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Detailed data

The personal data provided on this site is as follows:

account opening: when a user's account is created, the user's surname, first name, e-mail address, telephone number and postal address are recorded;
connection: when the user connects to the website, he/she records his/her surname, first name, connection data, usage data, location data and payment data;
profile: use of the services provided on the website enables the user to create a profile, which may include an address and telephone number;
payment: when paying for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card;
communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
cookies: cookies are used in connection with the use of the site. Users can deactivate cookies using their browser settings.
Use of personal data

The purpose of collecting relevant personal data from users is to provide and improve website services and to maintain a secure environment.

More specifically, it is used for the following purposes:

access and use of the website by the user ;
management of the operation and optimization of the website;
organizing the conditions of use of payment services;
verification, identification and authentication of data transmitted by the user;
offer the user the possibility of communicating with other website users;
providing user assistance;
personalization of services according to the user's browsing history and preferences;
prevention and detection of fraud, malware and security incidents;
management of any disputes with users;
sending commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

when the user uses the payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with whom it has entered into contracts;

when the user publishes publicly accessible information in the website's open comment areas;
when the user authorizes a third-party website to access his/her data;
when the website uses the services of a service provider to provide user support, advertising and payment services.

These service providers have limited access to the user's data in the course of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

if required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and legal proceedings;

if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users will be informed before any personal data is withheld from a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the Internet.

Enforcement of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address :Contact@vinylacy.com.

right of access: users may exercise their right of access to their personal data. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions applied by the GDPR.
the right to object to data processing: users may object to their data being stored in accordance with the assumptions applied by the RGPD.
the right to portability: they may request that the website hand over the personal data provided to it for transmission to a new website.

Changes to this clause

The website reserves the right to modify this privacy policy at any time. If a change is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account.

Appendix :
Withdrawal form

(to be competed by the consumer,

to be sent by registered letter with acknowledgement of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Appendix :
Consumer Code

Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5: “The good conforms to the contract:

1° If it is fit for the use expected of similar goods and, where applicable :

if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;

if it has the qualities that a buyer may legitimately expect in accordance with public statements made by the seller, the producer or his representative, notably in advertising or on the label;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7: “Conformity defects that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the reported lack of conformity.

Article L. 217-8: “The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the purchaser.

Article L. 217-9: “In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10: “If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may only be rescinded if the lack of conformity is minor.

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 is at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “Action resulting from a lack of conformity is barred after two years from delivery of the goods.

Article L. 217-13: “The provisions of the present section do not deprive the purchaser of the right to bring an action arising from redhibitory defects, as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.

Article L. 217-14 : « L'action récursoire peut être réalisée par le vendeur final à l'encontre des vendeurs ou intermédiaires successifs et du producteur du bien meuble corporel, selon les principes du code civil.

Article L. 217-15 : « La garantie commerciale s'entend de tout engagement contractuel d'un professionnel à l'égard du consommateur en vue du remboursement du prix d'achat, du remplacement ou de la réparation du bien ou de la prestation de tout autre service en relation avec le bien, en sus de ses obligations légales visant à garantir la conformité du bien.

La garantie commerciale fait l'objet d'un contrat écrit, dont un exemplaire est remis à l'acheteur.

Le contrat précise le contenu de la garantie, les modalités de sa mise en œuvre, son prix, sa durée, son étendue territoriale ainsi que le nom et l'adresse du garant.

En outre, il mentionne de façon claire et précise que, indépendamment de la garantie commerciale, le vendeur reste tenu de la garantie légale de conformité mentionnée aux articles L. 217-4 à L. 217-12 et de celle relative aux défauts de la choisi vendu, dans les conditions prévues aux articles 1641 à 1648 et 2232 du code civil.

Les dispositions des articles L. 217-4, L. 217-5, L. 217-12 et L. 217-16 ainsi que l'article 1641 et le premier alinéa de l'article 1648 du code civil sont intégralement reproduites dans le contrat.

En cas de non-respect de ces dispositions, la garantie reste valable. L'acheteur est en droit de s'en prévaloir."

Article L. 217-16 : «Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir.

Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention.

Civil code

Article 1641: “The seller is bound by a hidden warranty for defects in the item 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 purchased it, or would only have paid a lesser price for it, had he been aware of them.

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.