Terms and Conditions of Sale

These Terms and Conditions of Sale (“Terms”) apply to all sales concluded by Woodbrass.com, a French simplified joint-stock company (SAS) with share capital of €5,600,000, whose registered office is located at 2 rue de Milan – 44470 Thouaré-Sur-Loire, France, and registered with the Nantes Trade and Companies Register under number 422 128 298. Hereinafter referred to as “Woodbrass.com” and/or “Woodbrass” and/or the “Seller”.

They apply to private individuals and professionals (the “Customer”) wishing to purchase the products offered for sale by the Seller on its website and/or in-store (the “Products”).

However, since the French Consumer Code does not apply to professionals, certain provisions do not govern the relationship between Woodbrass.com and professionals: this notably concerns the right of withdrawal, the conformity guarantee, and recourse to mediation in the event of a dispute.

The main characteristics of the Products, including their description and specifications, are presented on the Site. Before placing any order, the Customer must refer to the description of each Product in order to be aware of its properties, essential features and the announced delivery times.

The Seller's customer service is available to the Customer for any questions or additional information regarding the characteristics of the Products.

The photographs and graphics presented on the Site, which are intended to be as faithful as possible to the Products, are not contractual and shall not engage the Seller's liability.

The prices of the Products are indicated in euros inclusive of all taxes (VAT and any other taxes in force) excluding the contribution to processing and shipping costs detailed below.

In the case of an order for Products intended to be delivered to a country other than the European Union and the French Overseas Departments and Territories (DROM-COM), the Customer will be considered the importer of the Product(s) concerned and will be solely liable for the related taxes. For all Products shipped outside the European Union and DROM-COM, the price will automatically be calculated excluding taxes on the invoice. The Customer is advised that customs duties, other local taxes, import duties and/or state taxes may be payable. Payment of the aforementioned duties/taxes will be the sole responsibility of the Customer, both in terms of declarations and payments to the relevant authorities and bodies of the countries concerned. In this regard, it is up to the Customer to contact the local authorities regarding the aforementioned duties/taxes.

The Seller reserves the right to change its prices at any time. The price and conditions applicable to the order are those in force at the time of the firm and final validation of the Customer's order by the Seller, in accordance with the terms defined in Article 5 below.

Products ordered remain the property of the Seller until full payment of the price.

Non-Professional Customer: upon receipt of the ordered Products by the Non-Professional Customer, the risks of loss or deterioration of the Products subject to retention of title, as well as any damage the Products may sustain or cause, will be transferred to the Customer.

Professional Customer: the Products travel at the risk of the Professional Customer, who bears full responsibility for the risks of transport (theft, loss, deterioration, destruction, etc.). The transfer of transport risk for the Products to the Professional Customer takes place as soon as the Products are handed over to the first carrier.

Any change in the VAT rate may be passed on to the price of the Products or services.

Special pricing conditions may apply depending on the specific requirements of the Customer. The Customer will be informed of the delivery costs applicable to their order before final validation and payment of the price.

The Seller will refund the difference if the Customer finds a lower price elsewhere, excluding promotional operations (sales, clearance, etc.). This offer is valid for a period of 7 days for any Product purchased from the Seller. It is subject to the presentation of a proforma invoice (quote) issued no later than 7 days after the purchase by an authorised reseller, a competitor of Woodbrass, located in mainland France and having the Product in stock with identical service and warranty conditions.

Products eligible for a refund must in particular be:

• Product characteristics: new Products of the same brand, same references/characteristics and marketed under the same service conditions.
• Availability of the Products concerned: Products eligible for reimbursement of the difference must be available from competing retailers in-store and/or on their website.

The refund request must be made by the Customer to the following email address: service-administrationdesventes@woodbrass.com.

The refund is made within 30 days of the request, in the form of a gift voucher valid for a period of 6 months and usable with the Seller in one or more instalments.

The Seller is a member of the eco-organisation “Ecosystem”, which notably guarantees the collection, decontamination and recycling of used electrical and electronic equipment, in compliance with the highest environmental and social standards.

As part of this scheme, the price of the Products sold on the Site includes an “eco-contribution”, shown visibly and independently of its selling price, which finances the collection and recycling of used electrical and electronic equipment. The “eco-contribution” is shown on each Product page.

When the Seller sells an electrical or electronic Product, the Customer may benefit from the free take-back of their old used electrical or electronic products/equipment, within the limit of the quantity and type of Products sold (Article L 541-10-8 of the French Environmental Code). The request for take-back of used electrical and electronic products must be made on the Site via the contact form made available to the Customer from their account: Customer account > My account > After-sales contacts.

The Customer can also find a collection point by visiting: www.eco-systemes.fr

Products sold in the “Refurbished Items” category are subject to a specific regime (the “Refurbished Products”).

These items benefit from prices lower than those usually charged by the Seller, as they are Products received into the Seller's stock or that have been the subject of a Customer return with:

• damaged packaging;
• an aesthetic defect (varnish defect, scratches, dents, damaged coating);
• a product tested and found compliant after repair.

In all cases, these Refurbished Products have undergone a rigorous inspection by the Seller: they have been checked and/or repaired so that their functional qualities are certified.

If visual imperfections persist, they will be indicated by the Seller in the Product's description sheet. Unless otherwise specified by the Seller, they do not affect the proper functioning of the Refurbished Product.

Under the terms and conditions defined in Articles 9 (withdrawal) and 10 (legal conformity guarantee) below, the Customer has a legal right of withdrawal and the legal conformity guarantee on Refurbished Products.

5.1 — Orders for Products by the Customer may be placed as follows

1/ Online (7 days a week – 24 hours a day) — www.woodbrass.com

2/ By telephone (Monday to Friday from 9:00 am to 6:00 pm and Saturday from 10:00 am to 6:00 pm)

• From mainland France: 01 86 65 03 03
• From Belgium, Switzerland, International: +33 2 57 88 00 74

The contractual information is presented in French and will be the subject of a confirmation repeating the said information, at the latest at the time the Customer's Order is validated.

On the Seller's Site, it is up to the Customer to select the Products they wish to order according to the following procedures:

• Have a customer account: before placing a first order, the Customer must create a customer account via the online form. They must complete the form with their contact details and all information necessary for delivery. Once the account has been created, the Customer will log in using their login credentials on each visit to the Site.

The Customer will be solely responsible for the use of their login credentials or for any actions carried out through their account. If a Customer discloses or uses their login credentials contrary to their intended purpose, the Seller may terminate access to the Account without notice or compensation.

Under no circumstances shall the Seller be held liable in the event of identity theft of a Customer. Any access to and action carried out from a Customer's Account shall be presumed to have been carried out by that Customer. Any loss, misappropriation or unauthorised use of a Customer's login credentials and their consequences shall be the sole responsibility of the Customer, who must notify the Seller without delay by email at the following address: contact@woodbrass.com.

The Customer may close their Account at any time by sending an email to: rgpd@woodbrass.com. The Seller will deactivate the Account as soon as possible and will send the Customer an email confirming the closure. In the event of Orders in progress, these must be paid for by the Customer and delivered by the Seller.

• Complete the online order form, specifying the desired Products, quantities and/or chosen services;
• Validate the order after verification: before confirming their order, the Customer has the opportunity to check the details of their order, the total price, the delivery method, the delivery/billing address, the payment method, and to correct any errors;
• Accept the Terms and Conditions of Sale, after having read them, by validating the order. It is specified that orders can no longer be modified once validated on the Site by the Customer;
• Make payment under the conditions provided.

Upon receipt of the Customer's Order, the Seller will carry out the checks required prior to validating the Order, in particular the effectiveness of payment for the Order.

Sales are only finalised after express acceptance and final confirmation by a summary email of the Customer's Order(s) by the Seller.

By accepting the Terms and Conditions of Sale, the Customer agrees that their invoice will be made available to them in dematerialised form in their customer area.

PayPal Express: in the event of using PayPal Express, the terms of use of “PayPal Express” apply. The Customer will not be required to create a customer account, the details used being those provided via their PayPal account.

5.2 — The Seller reserves the right to cancel or refuse any Order(s) from the Customer, notably in the following cases

• failure to properly implement the payment method provided by the Customer for settlement of the order and a dispute relating to payment of a previous order;
• an order exceeding, by its content and/or frequency, the needs of a non-professional Customer, and more generally, in the event of an abnormal order or bad faith on the part of the Customer;
• legitimate legal grounds (Article L 121-11 of the French Consumer Code).

Any cancellation or refusal of an Order will be notified to the Customer by email.

6.1

The Seller's offers and Product prices are valid as long as they are visible on the Site, within the limit of available stock and excluding promotional operations designated as such on the Site. In the event a Product becomes unavailable after an Order has been placed, the Customer will be informed by email, SMS or postal mail.

6.2 — Products not stocked in the Seller's warehouses

Offers are valid subject to availability from manufacturers/suppliers. Information on Product availability is provided at the time the Order is placed. In the event a Product becomes unavailable after the Order has been placed, the Seller will inform the Customer by email, SMS or postal mail. In the event of confirmed unavailability/stock shortage of the Product, the Order will be cancelled and the Customer will be informed by email. The Customer may contact the Seller's customer service at the numbers below:

• Mainland France: 01 86 65 03 03
• Belgium, Switzerland, International: +33 2 57 88 00 74

6.3

In accordance with applicable legal provisions and in any event, in the event of unavailability of the Products, the Customer has the right to be reimbursed for the Products ordered within 14 days of their request.

7.1 — General

Delivery means the transfer to the Customer of physical possession or control of the Products.

Any reservation or complaint must be notified to the carrier on the delivery document, or on their tablet. The Customer must also submit their reservations to the carrier by registered letter within three (3) days following receipt of the parcel, excluding public holidays. In the same way, the Customer must inform the Seller within three (3) days following delivery.

The Products will be shipped to the delivery address provided by the Customer. The Customer is responsible for keeping their details up to date and is solely responsible for any delivery failure resulting from incorrect delivery information.

In order to optimise delivery, the Customer is asked to provide a mobile phone number on which the carrier can reach them.

Upon delivery, the Customer or recipient of the Products must be able, if requested, to prove their identity.

The Customer agrees, after opening and checking the contents of the parcel(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person (paper or digital).

Carrier contacts: woodbrass.com/frais+port+livraison

If the carrier fails to give the Customer the opportunity to check the good condition of the parcel, the Customer will have an additional period of 10 days to inform the carrier and the Seller of any defects found.

Delivery of the Products does not include commissioning of devices or assembly.

7.2 — Supply and delivery time

Delivery times are calculated in business days, excluding Saturdays, Sundays and public holidays. They run from the date the Order is confirmed by the Seller.

In the event of payment by bank transfer or Woodbrass gift voucher, the Order will only be processed upon receipt of payment.

When the Customer orders several Products with different delivery times, the delivery time for the Order is based on the longest delivery time. The Seller reserves the right to split shipments; the contribution to processing and shipping costs will only be charged for a single shipment.

An additional delay should generally be expected for shipments to Corsica and outside mainland France.

In the event of a foreseeable extension of the supply time, the Seller undertakes to inform the Customer so that the latter can choose to maintain or fully/partially cancel their Order.

In the event of a delivery delay, the Customer may cancel their Order if, after having given the Seller formal notice to deliver the Products within a reasonable additional period, the Seller has not done so within that period. Amounts paid will be refunded no later than fourteen days after the order is cancelled.

7.3 — Eligible delivery methods and delivery cost rates

Shipping costs are calculated before final confirmation of the Order. The Seller offers various delivery methods: standard home delivery, express home delivery, and pick-up point.

In the event of collection at a pick-up point or post office, the Customer must present an original form of identification.

Home deliveries of bulky Products (+30 kg) are made to the foot of the building; upper-floor deliveries are possible and will be the subject of a quote submitted for the Customer's approval.

For more information on rates: woodbrass.com/frais+port+livraison

Special conditions — shipping costs for new books (mainland France and overseas): as of 7 October 2023, a flat rate of €3 (inc. VAT) will be applied to any order including one or more books whose purchase value as new books is less than €35 (inc. VAT), and 1 euro cent above this value.

8.1 — Cash payment for individuals

By credit card (CB, VISA, MASTERCARD) — The Customer's banking details are fully encrypted and protected by the secure Hipay system (SSL encryption); they never travel in clear text and never reach the Seller's website.

Payment by financing via ALMA — Reserved for adult individuals residing in France, holders of a CB card issued in France. This service is subject to acceptance of the Alma SAS terms and conditions (REGAFI No. 90876). See: Alma. The Customer has a 14-day withdrawal period to cancel their credit.

By PayPal — In the event of payment by PayPal, PayPal's terms of use apply: view PayPal's terms.

By bank transfer — An order number will be sent by email; it must be stated in the transfer reference.
Account holder: WOODBRASS.COM
Domiciliation: GDES Entreprises (00015)
IBAN: FR76 1470 6000 6473 9429 9644 374
BIC: AGRIFRPP847
If payment is not received within 15 days, the order will be automatically cancelled. Transfer fees are the Customer's responsibility.

By Woodbrass gift vouchers — Enter the code(s) on the payment page; the value of the voucher must be used in full; vouchers are valid for one year from their date of issue.

Payment with a credit note — Contact customer service on 01 86 65 03 03 (France) or +33 2 57 88 00 74 (international).

8.2 — Payment for businesses

By bank transfer
Account holder: WOODBRASS.COM
Domiciliation: SG Nantes Entreprises
IBAN: FR76 3000 3032 1100 0200 7177 828
BIC: SOGEFRPP

By administrative order — Reserved for public administrations (town halls, conservatories, schools, orchestras, etc.). In accordance with Articles L441-10 and D441-5 of the French Commercial Code, any payment delay exceeding thirty days may give rise to a penalty equal to three times the legal interest rate, plus a flat-rate compensation of €40.

By credit card (CB, VISA, MASTERCARD) — Same security guarantees as for individuals.

Please note that the right of withdrawal does not apply to businesses.

In accordance with Articles L 221-18 et seq. of the French Consumer Code, individual Customers have a right of withdrawal allowing them to cancel their order without justification and without penalty.

9.1 — Legal period (14 days) — The Customer has 14 calendar days from the day after receipt of the Products to withdraw, and a further 14 days from notification to return the Products. If an order contains several Products, the period runs from receipt of the last one.

9.2 — Additional period offered by the Seller (30 days) — The Seller extends this period to 30 calendar days from receipt, including for purchases made in-store.

9.3 — Conditions of exercise — Only the price of the Products and shipping costs will be refunded; return costs remain the Customer's responsibility. Returns must be made in their original condition, complete, accompanied by a copy of the invoice. The standard withdrawal form (Appendix 1) must be returned to the address given in 9.5.

9.4 — Products excluded from the right of withdrawal — Unsealed computer software, goods made to measure or personalised, unsealed goods that cannot be returned for hygiene reasons (reeds, mouthpieces, beaks, headphones, earphones, etc.), as well as digital downloads whose execution has begun with the Customer's express agreement.

9.5 — Return address
Online purchases: Woodbrass.com – Returns Department, 2 rue de Milan – 44470 Thouaré-Sur-Loire
In-store purchases: Woodbrass Store, 184 rue Jean Jaurès – 75019 Paris

9.6 — Refund — The Seller refunds the amounts paid (including delivery costs) within 14 days of notification of withdrawal, using the same payment method. Return costs remain the Customer's responsibility. No cash-on-delivery shipments will be accepted.

10.1 — Legal warranties — The Products automatically benefit from the legal warranty of conformity (Articles L. 217-3 et seq. of the French Consumer Code) and the legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

Warranty of conformity (reserved for individuals) — For contracts concluded after 1 January 2022, the Customer may take action within 2 years (New Products) or 12 months (Second-hand/refurbished Products) from delivery, without having to prove the existence of the defect. The Customer may choose between repair and replacement; if these solutions are impossible, they may obtain termination of the sale or a price reduction, except for a minor defect.

Legal warranty against hidden defects — The action must be brought within two years of discovery of the defect (Article 1648 of the French Civil Code). The Customer may choose between termination of the sale and a price reduction.

10.2 — Commercial warranty — Extension to 3 years for individuals on "3-year warranty" Products; 1-year commercial warranty for businesses. This warranty does not cover consumables, accessories, abnormal use, unauthorised repairs, or damage of external origin (impact, lightning, power surges, etc.).

10.3 — Repair outside warranty — The Seller draws up a quote, valid for one month, with payment of a deposit where applicable. Any excess over the initial quote requires the Customer's express agreement before repair. In the event of refusal, the deposit remains the Seller's property and return costs may be charged.

The Seller is not liable in the event of non-performance of the order attributable to the Customer, force majeure, or unforeseeable external events caused by a third party.

The products offered comply with French legislation. The Seller's liability cannot be engaged in the event of non-compliance with the legislation of the delivery country; it is the Customer's responsibility to check the possibilities of import or use with the local authorities.

The choice and purchase of a Product are the sole responsibility of the Customer. The impossibility of using a Product due to hardware incompatibility does not give rise to any compensation, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal.

In the case of a purchase for professional purposes: the Seller shall incur no liability for indirect damages (loss of business, profit, opportunity, data, etc.) resulting from the purchase or misuse of the Products.

All intellectual property rights arising from these General Terms and Conditions of Sale and from the Site remain the exclusive property of the Seller and, where applicable, of its partners.

The Seller retains all rights relating to the Products, photographs, videos, illustrations and technical documentation presented on the Site, which may not be reproduced, represented or exploited without the Seller's prior written authorisation.

13.1 — Applicable law — These Terms and Conditions are governed by French law; the language of the contract is French. In the event of a dispute, the French courts shall have sole jurisdiction.

13.2 — Handling of complaints — The Customer may contact customer service via their customer account on the site, under "contact us".

13.3 — Mediation of consumer disputes — The Seller is a member of the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C):
CM2C, 49 rue de Ponthieu, 75008 Paris — contact@cm2c.net — 01 89 47 00 14 — www.cm2c.net

Any dispute must first be submitted in writing to: Woodbrass.com — Customer Service, 2 rue de Milan, 44470 Thouaré-sur-Loire, before referring the matter to the Mediator.

The collection of the Customer's personal data is necessary for managing their order and optimising business relations. This information is kept for the period necessary for the fulfilment of the order and applicable warranties, plus the legal retention periods for evidence. It is not transferred outside the European Union.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has a right of access, rectification, erasure, restriction, objection and portability. They may withdraw their consent via this page, or by post to Woodbrass.com, 2 rue de Milan, 44470 Thouaré-sur-Loire.

Some data is also collected via cookies, allowing the shopping experience to be optimised, content to be personalised, and traffic on the Site to be analysed.

Any consumer may register free of charge on the BLOCTEL list to opt out of telephone canvassing: bloctel.gouv.fr

Prevention of pollution, risks and nuisances.

Unique identification number for the WEEE scheme: FR002250_05BFVH.

CITEO unique identification number: FR215156_01GTBY.

Appendix 1 — Right of withdrawal form

To be completed and returned only in the event of withdrawal, to Woodbrass.com – Customer Service, 2 rue de Milan – 44470 Thouaré-Sur-Loire, or by email to contact@woodbrass.com.

"I hereby notify you of my withdrawal from the contract for the sale of the item below: ordered on … / received on …; order number: …; name and address of the consumer: …; date and signature (if notified on paper)."

Appendix 2 — Articles of the French Consumer Code (extracts)

Article L217-4 — The item conforms to the contract if it matches the description, type, quantity and quality agreed, if it is fit for the special purpose sought by the consumer and made known to the seller, if it is delivered with all the accessories and instructions provided, and if it is updated in accordance with the contract.

Article L217-5 — The item is also compliant if it is fit for the purpose usually expected, if it has the qualities presented as a sample, if its digital elements are up to date, and if it matches the seller's public statements, except for exceptions provided for by law.

Article L217-12 — The seller may refuse the solution chosen by the consumer if it is impossible or entails disproportionate costs; any refusal must be justified in writing.

Article L217-16 — In the event of termination of the contract, the consumer returns the goods at the seller's expense, who refunds the price paid and returns any other benefit received.

Article 1641 of the French Civil Code — The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use.

Article 1648, first paragraph, of the French Civil Code — The action arising from latent defects must be brought by the purchaser within two years of discovery of the defect.

Woodbrass.com — SAS with share capital of €5,600,000 — Nantes Trade Register (RCS) 422 128 298 — 2 rue de Milan, 44470 Thouaré-sur-Loire, France.

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