Preamble
General information
These general terms and conditions of sale apply to all sales concluded on the Vinylacy website.
Company
Vinylacy EURL
10, Rue de la Paix, 75002 Paris, France
By making available or uploading content on Vinylacy, the Buyer represents that they own all rights to such content and/or have obtained the required license, and warrants that all content they provide:
Content must not
- Infringe the intellectual property rights or privacy of third parties
- Contain sexually intimidating, offensive, discriminatory, harassing or otherwise controversial messages
- Be contrary to morality or good taste, violent, or contain links to or contain pornographic or erotic material
- Be illegal or harmful to third parties or Vinylacy
The Buyer warrants not to use the service
- In such a way that the intellectual property and/or privacy rights of Vinylacy or third parties are violated, or in any other illegal manner
- In breach of any provision of the Agreement
The Buyer agrees not to use Vinylacy's services or products
- In a way that violates any applicable laws or regulations
- In a way that infringes on the intellectual property or privacy rights of any third party and/or Vinylacy
- In violation of any provision stated in these Terms or any agreement between the Buyer and Vinylacy
Content warranty
The Buyer warrants that content made available to Vinylacy is unencumbered, 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. The Buyer confirms that the content is free of third-party claims.
Indemnification: The Buyer shall indemnify and hold Vinylacy harmless from any and all claims, liabilities, damages, and costs (including legal fees) arising from or related to any breach of the above warranties, any violation of third-party rights, or any illegal or unauthorized use of the content by the Buyer.
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 terms apply to the exclusion of all other conditions, in particular those applicable to in-store or other channel sales. The seller reserves the right to modify them at any time — they will be applicable as soon as they are published online.
These terms and conditions are valid until January 1, 2099.
Article 2
Content
These conditions define the rights and obligations of the parties in connection with the online sale of goods offered on the Vinylacy website — specifically: customizable vinyl records.
The present conditions apply to purchases delivered in mainland France or Corsica. For deliveries to French overseas territories or abroad, please contact us at contact@vinylacy.com.
Article 3
Pre-contractual information
Prior to placing an order, the purchaser has been provided, in a legible and comprehensible manner, with these general terms and all information required under article L. 221-5 of the French Consumer Code, including:
- The essential characteristics of the goods
- The price of the goods and how it is calculated
- Any additional transport, delivery or postage charges
- The delivery date or deadline
- Information relating to the seller's identity, contact details, legal guarantees and other contractual conditions
Article 4
The order
The purchaser may place an order online, from the online catalog, for any product subject to availability. The sale will be considered final after the seller has sent confirmation by e-mail and after receipt of the full payment.
Any order implies acceptance of the price and description of the products. The seller reserves the right to block an order in cases of non-payment, incorrect address, or other account issues.
For order tracking: +33 1 89 70 50 52 — Monday to Friday, 10am to 6pm, or contact@vinylacy.com.
Article 5
Electronic signature
The online provision of the purchaser's credit card number and the final validation of the order constitutes proof of agreement: payability of sums due and signature of all operations carried out.
In the event of fraudulent use of a bank card, contact the seller at: +33 1 89 70 50 52 or contact@vinylacy.com.
Articles 6 & 7
Order confirmation & proof of transaction
The seller provides the buyer with an order confirmation by e-mail. Computerized registers, kept under reasonable security conditions, will be considered as proof of communications, orders and payments. Purchase orders and invoices are archived on a reliable and durable medium.
Article 8
Product information
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. Products are offered while stocks last.
Article 9
Price
The seller reserves the right to modify prices at any time but undertakes to apply the prices in force at the time of the order. Prices are given in euros and include applicable VAT. Delivery charges are invoiced in addition and indicated before order validation.
Any change in applicable VAT or creation of new taxes may be automatically reflected in the sale price.
Article 10
Method of payment
This is an order with a payment obligation. Payment must be made in full on the day the order is placed. The seller reserves the right to suspend any order in the event of payment refusal or non-payment.
Article 11
Availability, refund & resolution
For deliveries in mainland France and Corsica, the maximum delivery time is 90 days from the day following the order, via Colissimo, Chronopost, Mondial Relay, or UPS.
In the event of non-compliance with the agreed delivery date, the purchaser must first request the seller to perform within a reasonable additional period before terminating the contract.
In the event of unavailability, the purchaser will be informed as soon as possible and may request either a refund within 14 days or an exchange of the product.
Article 12
Delivery terms
Products are delivered to the address indicated on the order form. The purchaser must ensure this address is correct — any parcel returned due to an incorrect address will be reshipped at the buyer's expense.
Production times: Production typically takes around 25 days. Pre-orders may take up to 5 months depending on demand. Pre-orders are final and cannot be canceled, as production begins based on demand. These timeframes are estimates and may vary.
If the original packaging is damaged upon delivery, the buyer must check the condition of the items and, if necessary, refuse the parcel and note a reservation on the delivery note. Any anomaly must be confirmed to the carrier by registered mail within two days of receiving the item.
Returns must be requested within 14 days of delivery, in original condition (packaging, accessories, instructions).
Article 13
Delivery errors
Any claim of delivery error or non-conformity must be notified on the day of delivery or the first working day following delivery. Claims made after this deadline will be rejected.
Claims may be made by phone at +33 1 89 70 50 52 or by e-mail at contact@vinylacy.com.
Products to be exchanged must be returned in their entirety in their original packaging to: Vinylacy, 10, Rue de la Paix, 75002 Paris, France. Return shipping costs are at the seller's expense.
Article 14
Product warranty
The seller guarantees the conformity of the goods sold in accordance with articles L. 217-4 et seq. of the French Consumer Code.
- The purchaser has 14 days from delivery to act under the legal warranty of conformity
- The buyer may choose between repair or replacement, subject to the cost conditions of article L. 217-17
Article 15
Right of withdrawal
In accordance with the French Consumer Code, the buyer has 14 days from delivery to return any item and request an exchange or refund without penalty (return costs remain the buyer's responsibility).
Returns must be made in original condition and complete (packaging, accessories, instructions). Damaged, soiled or incomplete products cannot be returned.
The exchange or refund will be made within 14 days of receipt of the returned products.
Exception — Custom products: Under article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or substantially personalized. This applies to all custom vinyl records produced by Vinylacy.
Article 16
Force majeure
All circumstances beyond the control of the parties that prevent performance of their obligations shall be considered grounds for exoneration and shall result in suspension of obligations. The party invoking such circumstances must immediately notify the other party.
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 is strictly forbidden and may constitute copyright infringement.
Article 18
Data protection
Personal data provided by the purchaser is necessary for processing orders and preparing invoices. It may be communicated to the seller's partners responsible for executing and managing orders. The processing of information communicated via Vinylacy 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 them, exercisable via the terms defined on the Vinylacy website.
Articles 22, 23 & 24
Language, mediation & applicable law
These terms are written in French. In the event of a dispute, only the French text applies.
These terms and conditions are governed by French law. In the event of a dispute, the buyer should first contact the seller to seek an amicable solution.
The buyer may also have recourse to the Commission de la Médiation de la Consommation or to the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.
Article 25
Personal data — detailed
The following personal data may be collected on this site:
- Account opening: surname, first name, e-mail, phone number, postal address
- Connection: connection data, usage data, location data, payment data
- Payment: financial data relating to bank account or credit card
- Cookies: used in connection with the use of the site — users can deactivate via browser settings
This data is used for: providing and improving website services, managing payments, user identification and authentication, fraud prevention, dispute management, and, based on user preferences, commercial communications.
Users have the right to access, rectify, delete, limit, object to, and request portability of their personal data by contacting: contact@vinylacy.com.
The website reserves the right to modify this privacy policy at any time, with at least 15 days' notice by e-mail before the effective date.
Appendix — Consumer Code (key articles)
Art. 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.
Art. L. 217-7: Conformity defects that appear within twenty-four months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
Art. L. 217-12: Action resulting from a lack of conformity is barred after two years from delivery of the goods.
Art. 1641 Civil Code: 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.
Art. 1648 Civil Code: The action resulting from redhibitory defects must be brought within two years of the discovery of the defect.