1. Purpose

The aim of these General Trading Terms & Conditions is, on the one hand, to inform the potential consumer about the conditions and ways in which the vendor organizes the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of both vendor and purchaser applied, without restriction or reserve, to all sales of the company JAD ACOUSTIX of the products proposed on its Internet site "jadacoustix.com". Thus, any order placed by a person for a product offered for sale on the Internet site of the company JAD ACOUSTIX, results in the full and complete acceptance of these General Trading Terms & Conditions which the purchaser agrees to have read prior to placing an order. The Purchaser declares to be in full legal capacity before ordering, enabling him/her to contract within the current General Trading Terms & Conditions. The company JAD ACOUSTIX reserves the right to modify the General Trading Terms & Conditions at any time.

2. Identity of the Company JAD ACOUSTIX

Head Office address:
30 route de Sainte Catherine
33550 PAILLET
FRANCE

R.C.S BORDEAUX B 502 971 799
VAT number: FR93502971799
E-mail: Please click on this link to use our online contact form

3. Site Access

The Purchaser is solely responsible both for the implementation of the computer and telephone systems allowing access to the "jadacoustix.com" site and the telephone and operator costs incurred during the Internet access and use of the site.

4. Constitution of Contracts & Orders

4.1. Price

The retail prices of products online on JAD ACOUSTIX.com, shown in Euros or in US Dollars, depending on the internet user’s choice on the Home page, are those in force when the Purchaser’s order is placed (except in the case of a typing error).
Prices do not include postage and packing, charged on top of the price of products. Postage and packing will be indicated before the order is confirmed by the Purchaser and shown again in the order summary, with the exception of certain products, such as the NOGUERA and DROZD bass guitars as well as ACCUGROOVE products, which will be shipped directly by the manufacturer to the Purchaser.
In the latter case, the products will generally be sent « postage due on delivery » by the manufacturer to the Purchaser (unless the manufacturer requests the Purchaser to pay the transport costs in advance).
Prices include French Value Added Tax (V.A.T. = T.V.A in French: Taxe à la Valeur Ajoutée) applicable on the day of ordering; any change to the applicable V.A.T. rate will be automatically included in the price of products sold by JAD ACOUSTIX.com on its internet site.
The sale price of products may be modified by jadacoustix.com at any time.
Depending on the current legislation in the country of delivery, the Purchaser may have to pay additional rights, taxes and Customs duties.
For information, NOGUERA bass guitars will be shipped to the Purchaser from France, DROZD basses from Spain, and ACCUGROOVE products from the United States; any other product will be sent from France.

4.2. Product Features - Availability

Prior to placing his/her order, the Purchaser may read about, on the jadacoustix.com site, the essential features of the product/s s/he wishes to order.
Special offers proposed by jadacoustix.com are valid within the limit of available stocks. For products not stocked by JAD ACOUSTIX, offers presented by jadacoustix.com are valid within the limit of available stocks at its suppliers.
Photographs, drawings and descriptions of the products offered for sale are only indicative and do not engage vendor liability.
Should a supplier modify a product, its graphic representation would not engage the vendor’s liability or even the validity of the sale.

4.3. Order

Any order implies complete and full acceptance of these General Trading Terms & Conditions.
Once the Purchaser has confirmed his/her order by clicking on the " Validate your order " icon, s/he is considered as having accepted the full implication of, and without reserve, the current General Trading Terms & Conditions, prices, volumes and quantities of products offered for sale and ordered.
The client has to provide all information necessary for the delivery: address, access code, floor, etc. (as well as, for example, in the case of items with specific delivery conditions: a day telephone number to make an appointment).

5. Payment of Price

The sale will only be considered as final once the company JAD ACOUSTIX has received the full payment.
Orders are payable in Euros or US Dollars, by debit or credit card (Carte Bleue, Mastercard, and Visa) or Paypal transfer.
JAD ACOUSTIX reserves the right to suspend or cancel any order and/or delivery whatever their nature and level of execution, in the case of non-payment of any sum due by the Purchaser or in the case of an incident of payment.
JAD ACOUSTIX reserves the right to request a photocopy of the identity card/passport of the Purchaser for any payment by card.
As part of the fight against Internet fraud, information relating to your order may be transmitted to a third-party body for verification.

6. Deliveries

6.1. General Rules

Products will be delivered to the address given by the Purchaser on the order form.
Should some of the items not be available, JAD ACOUSTIX may process split orders. The available products will thus be sent out first and the rest of the order will be dispatched when all the other items are available.
JAD ACOUSTIX proposes the following delivery services to its customers: the registered ‘Colissimo’ service of La Poste in France, UPS delivery by appointment, and, for small parcels, standard mail. Large items will only be handled by freight forwarders offering the customer the choice of appointment time.
Should the procedures below not be respected, no claim will be accepted from the Purchaser.

6.2. Characteristics of the registered ‘Colissimo’ service of La Poste in France

The delivery is made to the Purchaser’s home address by the postman who will ask him/her to sign the delivery note. Should the delivery not be possible, the postman leaves the addressee of the ordered product a note which enables him/her to recover the ordered products at the post office.
The Purchaser must check, in front of the postman or the delivery man, the state of the goods packaging and the contents on delivery.
Should there be any doubt whatsoever regarding the state or the contents of the parcel, s/he must:
. apply the ‘Colissimo’ service procedure (in particular, declare damages due, all claims and reserves) and refuse the goods by immediately completing a damage report with the postman,
. and notify JAD ACOUSTIX of these incidents.

6.3. Characteristics of deliveries by freight forwarder with fixed appointment time

The freight forwarder contacts the Purchaser and agrees upon an appointment time with him/her. The Purchaser must check the state of the parcel and the number of parcels delivered in front of the delivery man.
If in doubt, s/he must refuse the parcel and notify JAD ACOUSTIX of these incidents.
In any case, and in accordance with article L 121.20.3 of the French Consumer Code, the ordered products will be delivered within thirty days from the day following the order, providing that full price payment has been credited to JAD ACOUSTIX.
Should the delivery not have been made within this timeframe, the Purchaser will be able to cancel his/her order. The amount paid by the Purchaser will then be given back without delay and without any compensation.
Should there be some delay in the delivery compared with the date initially fixed, the Purchaser will have to notify JAD ACOUSTIX in writing (mail, fax or email) in order to improve the quality of service offered and enable JAD ACOUSTIX to make enquiries with the freight forwarder. This may take up to 21 working days. If during this time, the product is found, it will be immediately forwarded to the delivery address designated on the order form. However, if it is not found within this 21 day period, JAD ACOUSTIX will pay for a repeat shipping of the products ordered by the Purchaser.
Should the product ordered not be available any longer, reference will be made to item 9 of these Terms & Conditions. In the case of a product exchange, the delivery costs are borne by the consumer.
In the case of an extension of the delivery lead time announced in the website description section, JAD ACOUSTIX will inform the Purchaser as soon as possible and by any means available so that s/he may then decide to maintain or cancel his/her order in part or in full.
JAD ACOUSTIX may not be implicated or held responsible for the consequences of any event beyond its control, especially in cases of ‘force majeure’ or due to the freight forwarder, which may delay or prevent the delivery of the products ordered.
The delivery lead time will never generate the payment of any kind of compensation to the customer or his/her associates.

6.4. Problems of Quality or Conformity

Should a product delivered not correspond to the order (faulty or not conform), the Purchaser must state his/her claim within 7 days from signing the delivery receipt note.
Any product due for exchange or reimbursement will need to be returned, following the acceptance of jadacoustix.com, in its original state and packaging, within seven working days from the attribution of a return number by JAD ACOUSTIX’s client department.
No return will be accepted without prior authorisation from JAD ACOUSTIX.
The Purchaser bears the return costs as well as any risk linked to the return of the product.
Any incomplete, spoilt, damaged, used or dirtied item will not be accepted as a return.

7. Set-up, Assembly & Installation

The Purchaser carries out under his/her sole responsibility the full installation of products delivered.

8. Availability of Products

Should an ordered product be unavailable, jadacoustix.com will inform the Purchaser of the forecast delivery date as soon as possible.
Should the lead time not suit the Purchaser, s/he will be fully reimbursed without delay and, at the latest, within thirty days.

9. Right of Retraction

In accordance with Article L121-20 of the Consumer Code, the Purchaser has a full seven days from the date of receipt of the order, to return for reimbursement the products ordered, at his/her own expense.
The products must imperatively be returned to JAD ACOUSTIX in perfect order for resale, in their original state (packaging, accessories, instructions manual, etc.), and internal packaging not opened. In particular, records, CDs, DVDs, CD-ROMs, should not have been unsealed so that the Purchaser may exercise his/her right of retraction.
Similarly, if the product includes a warranty notice or any other document to be filled in, it should not be filled in so that the Purchaser may be able to exercise his/her right of retraction.
Any product, either incomplete, spoilt, damaged or of which the internal and/or original packaging has been damaged will neither be reimbursed nor exchanged.
The product must absolutely not be returned before the attribution of a return number by JAD ACOUSTIX.

10. General Conditions of Reimbursement

Where reimbursement applies, this will only cover the cost of the product/products ordered, and not the shipping costs or any other cost whatever their nature.
Any reimbursement made by jadacoustix.com will be carried out either by bank credit or purchase voucher on our site.
In the latter case, when the purchase voucher is allocated, JAD ACOUSTIX will communicate the following by email:
- its validity period,
- the possibility or not for the Purchaser to request reimbursement,
- the amount.
As long as the purchase voucher does not bear any mention to the contrary, the Purchaser may ask JAD ACOUSTIX to transform it into a reimbursement during its validity period.
This reimbursement will as a matter of priority consist in crediting the card or Paypal account used for the initial order.
Should the purchase voucher only be used partially, the balance will remain available to the Purchaser with the same conditions as the original purchase voucher.
By using the purchase voucher, even if only partially or if a reimbursement request is made,
the consumer agrees not to contest or oppose the reimbursement transaction at his/her bank or other establishment, and this, for a year following the use of the purchase voucher.
The consumer accepts that any such action/s would make him/her liable to pay back the sum wrongly received, also without prejudice to be liable to costs which may be claimed for by JAD ACOUSTIX.

11. Ownership Reserve

jadacoustix.com retains the full and complete ownership of the products sold, up until full payment is credited to jadacoustix.com’s bank account.

12. Warranty

12.1. Some products sold are covered by a manufacturer’s warranty, their general conditions varying from one supplier to the other; they are generally covered for a minimum of one year. The general conditions and the duration of the warranty are available on their internet site. The Purchaser is deemed to have consulted and accepted them.

The warranty presupposes that the Purchaser has honoured his/her financial commitments to JAD ACOUSTIX; that s/he uses the item in a normal way, i.e. according to the item’s instruction and maintenance manual, and that for high technicality equipment no third party who is not authorized by JAD ACOUSTIX intervenes to repair the item except in cases of “force majeure” or prolonged inadequacy on the part of JAD ACOUSTIX.

12.2. JAD ACOUSTIX guarantees the Purchaser, as far as hidden defects which may affect delivered products are concerned, only within the framework of a replacement of faulty products, or of parts preventing their use, and this, excluding the company’s liability in the event of damaging consequences that these hidden faults might produce.

12.3. In any case, warranties do not cover:

- replacement of consumables.
- abnormal and non conforming use of the products.
- damage for instance specifically mentioned on the item information.
- defects and their consequences due to the intervention of the Purchaser or a technician who is not approved by JAD ACOUSTIX.
- defects and their consequences should the product be used in a way it is not meant to be.

13. Liability

Products proposed by JAD ACOUSTIX.com respect the current French legislation in force. JAD ACOUSTIX will not be held responsible for non execution of the contract in case of stock shortage or unavailability of the product, “force majeure”, disruption or total/partial strike, especially of postal services and means of transport and/or communication.
JAD ACOUSTIX will not be held responsible for any indirect damage which may occur following the purchase of products.
The jadacoustix.com site also contains information from third parties, as well as links to other websites. JAD ACOUSTIX will not be held responsible for damage resulting from the use, access to, or inability to use this third parties information, or for the content of other websites.

14. Intellectual Property

All the elements of the jadacoustix.com site, whether visual or acoustic, including the underlying technology, are protected by copyright, brand names or patents.
They are the exclusive property of the company JAD ACOUSTIX.
The client who has a personal internet site may include on his/her site, for his/her own personal use, a simple link directly connecting to the jadacoustix.com homepage site after having obtained the prior official authorization from JAD ACOUSTIX. In this case, it will not be an implicit affiliation agreement.
However, any hypertext link directly connecting to the jadacoustix.com site and using the framing or deep linking technique is expressly forbidden.
In all cases, any link, even officially authorized will have to be removed should the company JAD ACOUSTIX request it.

15. Partial Non-validity

Should one or several stipulations of the current General Trading Terms & Conditions be considered as non valid or declared as such following the implementation of a law, rule or the final decision of a competent tribunal, the other stipulations will retain all their force and scope.

16. Duration

The current General Trading Terms & Conditions apply for the whole duration of the online offer of services by jadacoustix.com. They may be modified at any time by JAD ACOUSTIX.

17. Non-renunciation

Should one party not state its claim regarding any of the obligations included in the present General Trading Terms & Conditions, it will not follow that it renounces that obligation.

18. Applicable Law

The sale of products by the company JAD ACOUSTIX.com is subject to French law. The present General Trading Terms & Conditions are subject to French law. Disputes arising from the application of the present General Trading Terms & Conditions are subject to French law and only French tribunals may consider these disputes. The Commercial Court of Bordeaux (Tribunal de Commerce) is competent to hear disputes between the company JAD ACOUSTIX and any professional, notwithstanding the number of counsels and/or call for guarantee deposit, or the type of procedures even emergency or summary interim procedures or request, etc.

19. Links to other Sites

The JAD ACOUSTIX.com site may contain links to other sites.

JAD ACOUSTIX.com is not responsible for the content and operation of these sites, or for any eventual prejudices or damages (virus, etc.), whatever their nature, borne by the Purchaser following the connexion to these sites.

20. Access to Personal Data (Loi Informatique et Libertés)

Information collected by jadcoustix.com as part of any order placed by the Purchaser is necessary for the management of his/her order by JAD ACOUSTIX and its commercial partners. The Purchaser has the right of access, rectification, opposition and deletion of the data concerning him/her and stored by JAD ACOUSTIX.

Copyright © 2009 JAD ACOUSTIX

CONFIDENTIALITY

Dear visitors and clients of our site, the trader undertakes to guarantee the confidentiality of all personal information you provide.

Volatile character of data collected by the trader’s site:
In order to process your order, we need to know and memorize some parameters which are communicated to us by your computer: we need to know who you are as well as which products you are buying. Cookies are files used with this sole aim: to memorise, during your visit, your identity (known thanks to your pseudo and your password) and the contents of your shopping basket as it is being filled up. Once your shopping is finished, this information is automatically erased, our " cookies " being what are called " volatile cookies ". Therefore there is nothing to worry about.
Protection of personal data:
As a trading site, the trader collects a certain amount of information necessary to the processing of orders.
The trader processes all this information with the utmost confidentiality.

Respect of French and European Regulations:

In accordance with the “Loi Informatique et Libertés” of 6th January 1978, you have the right of access, rectification, modification and deletion of the data concerning yourself.
You may exercise this right by writing to us at the following address:
JAD ACOUSTIX
30 route de Sainte Catherine 33550 PAILLET / FRANCE
E-mail: Please click on this link to use our online contact form