HyVibe SA
Registered office: 51 rue de Maubeuge, 75009, Paris, FR.
Telephone number +3378381526
General terms and conditions of sale of HyVibeGuitar.com e-commerce site
Date of last update 20 October 2021
Article 1 – General
These conditions govern the sales made by HyVibe through its website hyvibeguitar.com.
Any order of products through the site implies the unreserved acceptance by the customer of these general terms and conditions of sale. Consequently, any order placed by the customer can only be definitively validated after express acceptance, without restriction or reservation, of these general terms and conditions of sale.
HyVib e reserves the right to modify its terms and conditions of sale at any time and without notice. In this case, the applicable conditions will be those in force on the date of the order by the customer.
Article 2 – Order
The contractual information is presented in French or English and will be confirmed at the latest when your order is validated. HyVibe reserves the right to cancel an order in the event of missing or incorrect information, not to record payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty with the order received. The customer guarantees to have full legal capacity to proceed with the order and adhere to these general terms and conditions of sale. The visuals offered on the HyVibe website are as faithful as possible but cannot ensure a perfect similarity with the products ordered.
Article 3 – Order validation
Any order implies the full and complete acceptance by the customer of these general terms and conditions of sale, without exception or reservation. All the data provided and the recorded confirmation will be worth proof of the transaction.
The customer declares that he is fully aware of this. The order confirmation shall be deemed to be a signature and acceptance of the operations carried out. A summary of the order information will be provided via the order confirmation email address.
Article 4 – Payment
The fact of validating an order implies for the customer the obligation to pay the indicated price. Payment for purchases is made by credit card.
Article 5.1 – Product descriptions and specifications
HyVibe takes the greatest care in putting online information relating to the essential characteristics of products, in particular by means of technical descriptions from its suppliers and product specialists, and photographs illustrating the products.
In any event, HyVibe cannot be held liable for any changes or errors in the description of the characteristics of the product purchased, unless, however, the essential characteristics of the product are affected. The characteristics of the articles, descriptive notices, photographic photographs or drawings carried on this site are not contractual.
Article 5.2 – Prices and shipping costs
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), in dollars excluding tax, and depending on the selected country in that country’s national currency, unless otherwise indicated. All listed prices of Lâg HyVibe Guitars include import duty when shipped from France. The HyVibe System Installation Kit’s listed price does not include potential import duties or taxes. Customers will be responsible for these fees. A shipping surcharge may be added to orders of the HyVibe Installation Kit outside of the EU, US, and Canada.
The prices indicated are valid unless there is a gross error. The applicable price is the one indicated on the site on the date the order is placed by the customer. In the event of an order to a country outside France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums do not fall within the jurisdiction of HyVibe. They will be the responsibility of the customer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your department, region or community. We advise the client to check with local authorities for information on these aspects.
All orders, regardless of their origin, are payable in euros, dollars, or specific national currency. HyVibe reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in effect at the time of validation of the order and subject to availability.
The products remain the property of HyVibe until full payment of the price. As soon as the customer physically takes possession of the ordered products, the risk of loss or damage to the products is transferred to him.
Shipping costs are calculated according to the selected delivery method and are specified in the customer’s order process. They are recalled in the summary of the order that precedes the validation.
Article 6 – Withdrawal
The customer has a period of 30 days from the receipt of his products to exercise his right of withdrawal without having to justify any reasons or pay any penalty.
All requests for return under the right of withdrawal must be requested in advance from HyVibe customer service. Returns must be made in their original and complete condition (packaging, accessories, instructions). The returned product must also be in perfect condition. In this context, the customer is liable. Any damage suffered by the product on this occasion may be of such a nature as to defeat the right of withdrawal.
In the case of a withdrawal, the costs of returns via post or carrier are the responsibility of the customer.
In the event of exercise of the right of withdrawal, HyVibe will refund the sums paid within 30 days of notification of your request and via the same means of payment as the one used when placing the order. However, HyVibre may defer reimbursement until the products are actually received or until the customer has provided proof of shipment of the products, whichever comes first.
In accordance with the provisions of Article L.221-18 of the Consumer Code, the right of withdrawal does not apply in certain cases, such as:
– 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 having been delivered and because of their nature, are inextricably mixed with other items;
– The supply of goods made to consumer specifications or clearly personalised;
– The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– Spare parts;
– The provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
Article 7 – Availability
The products are offered on the HyVibe website within the limits of available stocks. For products not in stock, offers are valid subject to availability from HyVibe’s suppliers.
In case of unavailability of the product after placing an order, the customer will be informed by email or phone. The order will be automatically cancelled and the customer will be refunded the amounts that have been collected by HyVibe.
Article 8 – Shipping
The products are delivered to the delivery address indicated during the ordering process.
In accordance with legal provisions, in the event of late delivery, the customer has the right to cancel the order under the terms and conditions defined in Article L 216-2 of the Consumer Code. If in the meantime the customer receives the product, HyVibe will refund it and pay the shipping costs under the conditions of article L 216-3 of the Consumer Code.
In the event of deliveries by a partner carrier, HyVibe cannot be held liable for late delivery due exclusively to the unavailability of the customer after several appointments.
In the event of a damaged package, the customer must refuse delivery and mention a precise reservation, describing the condition of the packaging or products. HyVibe will then contact the customer to propose an exchange or refund.
In the event of a dispute about your signature collected upon delivery of the products, you may be asked to send us a letter of denial of signature, accompanied by a copy of your identity document and a copy of the complaint filed with the authorities.
In the case of a delivery in a building with several floors, our transport partners will drop off the goods on the ground floor (no delivery on the floors).
Article 9 – Return
Whatever the reason for the return, the customer must contact HyVibe via email at contact@hyvibe.audio. A number will be assigned for each return and must be completed on the form accompanying the returned products. The products must be returned in their original and complete condition (over-packaging, packaging, accessories and instructions), as well as the return form. Otherwise, the return will be refused. The shipment of the goods by the customer must be made within 15 days of the publication of the return number.
In the case of a withdrawal, the costs of returns via post or carrier are the responsibility of the customer.
In the event of an unpacking failure or a return under warranty, HyVibe will return the repaired product or an equivalent product to the customer at its expense. In this case, the return costs are to be borne by HyVibe, via shipment by post, relay or carrier. In the context of a request for repair outside the warranty, the return costs will systematically be borne by the customer, whether the return is made by post, relay or carrier.
Article 10 – Warranty
All products sold on the HyVibe website benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned and refunded.
Within Europe, when acting as a legal guarantee of conformity, the customer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code. The legal guarantee of conformity applies independently of any commercial guarantee granted. The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code; in this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
All customers outside the European Union have a period of one year from the delivery of the goods to act against hidden defects or manufacturing errors.
All claims and reimbursement requests must be made by e-mail, telephone or contact form available on the HyVibe website within 30 days of delivery.
All warranty returns must be requested in advance from HyVibe customer service. The products must be returned in their original condition and complete (packaging, accessories and instructions). The shipping costs will be paid by HyVibe in accordance with the procedure communicated by the customer service.
The following are excluded from the guarantees:
– Consumables (ropes, reeds, strings, maintenance products…) and spare parts;
– Normal wear and tear as well as the tonal qualities of the products;
– Breakdowns due to improper use;
– Products damaged due to the use of improper packaging on return;
– Products whose screens have been broken;
– The mechanics and tone bars of stringed instruments;
– Damage to surface coatings;
– Deteriorations occurring after use or storage in unsuitable conditions;
– Damage caused by electrical overvoltage, the use of a fuse that does not match the characteristics of the device, use under excessive temperature conditions or electrolyte leakage from the batteries;
– Deteriorations related to the intervention carried out by unauthorized third parties;
– Products damaged by moisture, water, or any other undesirable liquid;
– Batteries, rechargeable batteries;
– For wind instruments, the complete re-stamping of a saxophone, flute, or clarinet;
– Defects in stock B products justifying downgrading at the time of sale;
– Peripheral products (mass storage etc.) are guaranteed for 1 year from the date of invoice. The application of this warranty will be governed by the terms of each manufacturer’s warranty contract. HyVibe cannot under any circumstances be held responsible for the loss or deterioration of the information stored in these devices.
Article 11 – Responsibility
The products offered comply with current French legislation. HyVibe cannot be held liable in the event of non-compliance with the legislation of the country or territory to which the product is delivered. It is the customer’s responsibility to check with local authorities the possibilities of importing or using the products or services he intends to order.
HyVibe cannot be held liable for any damage inherent to the use of the Internet network, such as a service interruption, an external intrusion or the presence of computer viruses or any event qualified as force majeure. HyVibe cannot under any circumstances be held responsible for the consequences of any events beyond its control, in particular cases of force majeure, which would tend to hinder, delay or prevent online ordering.
In addition, HyVibe shall not be held liable for any damage resulting from improper use of the purchased product.
Article 12 – Law applicable in the event of disputes
The language of this contract is English. These general terms and conditions of sale are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction.
Article 13 – Copyright
All the elements of the HyVibe website are and remain the intellectual and exclusive property of HyVibe. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound.
Article 14 – Personal data
HyVibe reserves the right to collect personal information and personal data about customers. They are necessary for order management, as well as for improving services and information for the customer. This information will be kept for 10 years. They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, routing and payment. HyVibe may need to communicate its customers’ personal data to its partner carriers. Under no circumstances may this data be transferred outside HyVibe outside the framework defined in these general terms and conditions of sale.
This information and data is also stored for security purposes in order to comply with legal and regulatory requirements.
In accordance with the regulations, the customer has a right of access, rectification, deletion, portability, opposition, limitation to personal information and personal data concerning him, directly on the website or by mail to the address HyVibe, 51 rue de Maubeuge, 75009 Paris, FR. The request must be signed and accompanied by a photocopy of an identity document bearing the client’s signature and specify the address to which the reply must be sent. A response will then be sent within one month of receipt of the request.
Article 15 – Archiving
HyVibe archives purchase orders and invoices on a reliable and durable medium that constitutes a true copy in accordance with legal provisions.
HyVibe’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 16 – Mediation
In accordance with the Consumer Code on the amicable settlement of disputes, HyVibeam offers its customers the possibility of using the mediation service for consumer disputes related to an order placed on the HyVibe website. Any dispute must first be addressed to the customer service in writing to the address HyVibe 51 rue de Maubeuge, 75009, Paris, FR. A mediator may then be called upon to handle any dispute whose settlement has not been successful, via the Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: webgate.ec.ec.europa.eu/odr/
Article 17 – Penalties and fees for late payment
Any payment after the payment date provided for in the transaction may give rise to the invoicing of late payment penalties without any prior formal notice being required. The rate of these penalties is equal to three times the legal interest rate.
In the event of late payment, acceptance of the package automatically results in the invoicing of the administrative costs caused by the late collection of the invoice, which may amount to 15% of the amount of the order with a minimum of 20 euros.
