Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE PRODUCTS TO INDIVIDUAL CONSUMERS

Preamble
These general terms and conditions of sale apply to all sales concluded on the website a-pconnection.com.

The website www.a-pconnection.com is a service of:
· B.P.T Investment
· located at 3 RUE OLIVIER DE SERRES, 51100 REIMS, France
· website URL: www.a-pconnection.com
· e-mail: [email protected]
· telephone: 0698228786
The website a-pconnection.com markets the following products: Vinyl records and CDs.
The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Order validation therefore constitutes acceptance of the terms and conditions of sale.

Article 1 - Principles
These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable for in-store sales or through other distribution and marketing channels.
They are accessible on the website a-pconnection.com and shall prevail, where applicable, over any other version or any conflicting document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its general terms and conditions. They will be applicable as soon as they are posted online.
If a sales condition were to be missing, it would be considered governed by the practices in force in the distance selling sector for companies headquartered in France.
These general terms and conditions of sale are valid until December 31, 2019.

Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website a-pconnection.com.
These terms only concern purchases made on the a-pconnection.com website and delivered exclusively in mainland France or Corsica. For any delivery to French overseas departments/territories or abroad, please send a message to the following email address: [email protected].
These purchases concern the following products: Vinyl records and CDs.

Article 3 - Pre-contractual Information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.

The following information is communicated to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good;
- the price of the good and/or the method of calculating the price
- and, where applicable, all additional charges for transport, delivery or postage and all other possible charges payable.
- in the absence of immediate execution of the contract, the date or time period within which the seller undertakes to deliver the good, regardless of its price;
- information relating to the seller's identity, postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.

Article 4 - The Order
The buyer has the possibility to place their order online, from the online catalog and by means of the form provided therein, for any product, subject to stock availability.
The buyer will be informed of any unavailability of the product or item ordered.
For the order to be validated, the buyer must accept these general terms and conditions by clicking in the indicated location. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
- after the seller sends the buyer confirmation of order acceptance by email;
- and after the seller receives full payment of the price.
Any order constitutes acceptance of the prices and descriptions of products available for sale. Any dispute on this point will be handled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably payment default, incorrect address, or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer must call the following telephone number: 0698228786 (cost of a local call), during the following days and hours: Monday to Friday from 10 a.m. to 5 p.m., or send an email to the seller at the following email address: [email protected].

Article 5 - Electronic Signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- to the collectability of sums due under the order form,
- and to the signature and express acceptance of all operations performed.
In case of fraudulent use of the bank card, the buyer is requested, upon noticing such use, to contact the seller at the following telephone number: 0698228786.

Article 6 - Order Confirmation
The seller provides the buyer with a copy of the contract by electronic messaging.

Article 7 - Proof of Transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be produced as evidence.

Article 8 - Product Information
The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered subject to stock availability.
The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the seller's liability cannot be incurred.
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 effect indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery charges, billed additionally, and indicated before order validation. Prices include the applicable VAT on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the online store's products.
If one or more taxes or contributions, particularly environmental ones, are created or modified, either increased or decreased, this change may be reflected in the selling price of the products.

Article III - Payment Method
This is an order with a payment obligation, meaning that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by officially accredited bodies or in case of non-payment. The seller notably reserves the right to refuse to make a delivery or 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 being administered.
Payment of the price is made in full on the day of the order, according to the following methods:
by payment card via PayPal.
Payment of the price is made in full, according to the following methods: by payment card via PayPal.

Article 11 - Product Availability - Refund - Termination
Except in cases of force majeure or during online store closure periods which will be clearly announced on the website's homepage, shipping times will be, subject to stock availability, those indicated below. Shipping times run from the order registration date indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the time is 3 days in France, 1 week abroad from the day after the buyer placed their order, according to the following methods: Colissimo. At the latest, the time will be 30 working days after the conclusion of the contract.
For deliveries in the French Overseas Departments and Territories or another country, delivery methods will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, require the seller to perform it within an additional reasonable period.
If performance does not occur by the expiration of this new period, the buyer may freely terminate the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately if the dates or times mentioned above constitute an essential condition of the contract for them.
In this case, when the contract is terminated, the seller must refund the buyer for all sums paid, at the latest within 14 days following the date the contract was denounced.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest from their payment, or an exchange of the product.

Article 12 - Delivery Methods
Delivery means the transfer to the consumer of physical possession or control of the item. The ordered products are delivered according to the methods and time specified above.
Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer can, upon request, obtain the sending of an invoice to the billing address and not the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the location and within the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products...).
This verification is considered performed as soon as the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, manual, etc.).

Article 13 - Delivery Errors
The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim regarding a delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
The claim can be made, at the buyer's choice:
- Phone number: 0698228786;
- Email address: [email protected].
Any claim not made according to the rules defined above and within the specified time limits will not be considered and will release the seller from any 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 email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: 44 RUE DE SEBASTOPOL, 51100 REIMS.
Return shipping costs are borne by the seller.

Article 14 - Product Warranty
14-1 Legal Conformity Warranty
The seller guarantees the conformity of the sold item to the contract, allowing the buyer to make a request under the legal conformity warranty provided for in articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal conformity warranty, it is recalled that:
- The buyer has a period of 2 years from the delivery of the item to take action;
- The buyer can choose between repair or replacement of the item, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
- The buyer does not have to provide proof of the non-conformity of the item during the 24 months for new items (6 months for second-hand items), following the delivery of the item.

14-2 Legal Warranty for Hidden Defects
In accordance with articles 1641 and following of the Civil Code, the seller is liable for hidden defects that may affect the sold item. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the item unfit for its intended use. This warranty must be implemented within a period of two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the Civil Code.

Article 15 - Right of Withdrawal
Application of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, manual, etc.) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the delivery costs are refunded.
Return shipping costs are borne by the buyer.
The exchange (subject to availability) or refund will be made within 1 week, and at the latest, within 14 days from the seller's receipt of the products returned by the buyer under the conditions specified above.

Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- For the supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period;
- For the supply of goods made to the consumer's specifications or clearly personalized;
- For the supply of goods likely to deteriorate or expire quickly;
- For 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;
- For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
- For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the spare parts and work strictly necessary to address the emergency;
- For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- For the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
- For the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

Article 16 - Force Majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their cessation.
Events considered as force majeure include all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually recognized by French court jurisprudence: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will consult each other to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the aggrieved party.

Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement.

Article 18 - Data Protection and Privacy
The personal data provided by the buyer are necessary for processing their order and issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the website a-pconnection.com has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the procedures defined on the website a-pconnection.com.

Article 19 - Partial Invalidity
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or following a final decision by a competent court, the other stipulations shall retain their full force and effect.

Article 20 - Non-Waiver
The failure of either party to enforce a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.

Article 21 - Headings
In case of difficulty in interpreting any of the headings appearing at the beginning of the clauses and any of the clauses, the headings shall be deemed non-existent.

Article 22 - Contract Language
These general terms and conditions of sale are drafted in the French language. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

Article 23 - Mediation
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g., conciliation) in case of a dispute.

Article 24 - Applicable Law
These general terms and conditions are subject to French law. The competent court is the Tribunal d'Instance for disputes with an amount less than or equal to €10,000 or the Tribunal de Grande Instance for disputes with an amount exceeding €10,000.
This applies to both substantive and procedural rules. In case of a dispute or claim, the buyer shall first contact the seller to seek an amicable solution.

Article 25 - Personal Data Protection
Data Collected:
The personal data collected on this site are as follows:
Account Opening: when creating the user's account, their last name, first name, email address; phone number; postal address;
Login: when the user logs into the website, it records, among other things, their last name, first name, login data, usage data, location data, and payment-related data.
Profile: using the services offered on the website allows for completing a profile, which may include an address and a phone number.
Payment: as part of the payment for products and services offered on the website, it records financial data related 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 are temporarily stored.
Cookies: cookies are used during the use of the site. The user has the option to disable cookies from their browser settings.

Use of Personal Data
The personal data collected from users are intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of Payment Services;
- verification, identification, and authentication of data transmitted by the user;
- offering the user the possibility to communicate with other users of the website;
- implementation of user support;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software), and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.

Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, to implement these services, the website is in contact with third-party banking and financial companies with which it has contracts;
- when the user publishes information in the free comment areas of the website that are accessible to the public;
- when the user authorizes a third-party website to access their data;
- when the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to the user's data in the course of performing these services and are contractually obligated to use them in accordance with the applicable personal data protection regulations;
- if required by law, the website may transmit data to respond to claims made against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset transfer, or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to 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 information transmission or storage on the internet.

Exercise of User Rights
Under the applicable personal data regulations, users have the following rights, which they can exercise by submitting their request to the following address: [email protected].
· The right of access: users can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
· The right to rectification: if the personal data held by the website is inaccurate, users can request the information to be updated.
· The right to erasure of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
· The right to restriction of processing: users can request the website to restrict the processing of personal data in accordance with the scenarios provided for by the GDPR.
· The right to object to processing: users can object to their data being processed in accordance with the scenarios provided for by the GDPR.
· The right to data portability: they can request that the website provide them with the personal data they have supplied in order to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this 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 email, with a minimum notice period of 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.

Appendix:

Withdrawal Form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal Form

For the attention of:
B.P.T Investment
located at: 3 RUE OLIVIER DE SERRES, 51100 REIMS
telephone number: 0698228786
email address: [email protected]

I hereby notify you of my withdrawal from the contract concerning the service provision, ordered on: .........

Consumer's first and last name: .................
Consumer's address: .................

Date: ..................

Consumer's signature

_________________________________________________________________________
Appendices
Consumer Code
Article L. 217-4: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made their responsibility by the contract or has been carried out under their responsibility."

Article L. 217-5: "The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they possess the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted."

Article L. 217-6: "The seller is not bound by public statements made by the producer or their representative if it is established that they were not aware of them and could not legitimately have been aware of them."

Article L. 217-7: "Any lack of conformity which becomes apparent within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity."

Article L. 217-8: "The buyer is entitled to demand that the goods conform to the contract. However, they cannot challenge the conformity by invoking a defect that they knew or could not have been unaware of when they entered into the contract. The same applies when the defect originates from materials they themselves supplied."

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

Article L. 217-10: "If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price, or keep the goods and obtain a partial refund of the price. The same option is available to them: 1° If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for them, given the nature of the goods and the use they seek. However, the sale cannot 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 shall be free of charge to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: "The action resulting from a lack of conformity is time-barred two years from the delivery of the goods."

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

Article L. 217-14: "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code."

Article L. 217-15: "A commercial guarantee means any contractual commitment by a professional towards the consumer to reimburse the purchase price, replace or repair the goods, or provide any other service related to the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
Furthermore, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to invoke it."

Article L. 217-16: "When the buyer requests the seller, during the term of the commercial guarantee granted to them upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee.
This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."

Civil Code
Article 1641: "The seller is bound by the warranty for hidden defects of the item sold that make it unfit for the intended use, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, had they been known."

Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from 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 following the date on which the seller can be released from apparent defects or lack of conformity."