Terms and conditions and legal notices
These Terms & conditions and legal notices are concluded between:
The terms of business presented herein apply to the following signatories: On the one hand, the company Didgeridoo Passion. Hereinafter referred to as « Didgeridoo Passion ». A registered business SIRET: 490-940-251 00047. And on the other hand, the juristic or individual person who wishes to make a purchase on the internet site of didgeridoo-passions.com. Hereinafter referred to as « customer » or « purchaser ».
Didgeridoo Passion
Legal representative: Gregory Zwingelstein
8 rue de la Chapelle
43320 Loudes
Tel: 06 09 84 07 18
Last Update: 24/02/2023
Prices
Prices are as marked but are subject to change in the case of typographical errors.
The Prices applicable to all didgeridoo passion products are tax inclusive (TTC). The prices are calculated in euro excluding freight costs. Didgeridoo Passion reserves the right to change product prices at any moment. The products are however invoiced at current prices when ordered and purchased by Didgeridoo Passion.
Invoice
Completion of contracts entered into by Didgeridoo Passion and its clients are finalized with: confirmation of an invoice; and received payment.
If it best suits the client an electronic copy of the invoice will be sent to via email consisting of all of the conditions of purchase and specifications regarding the goods and associated items. (i.e. goods ordered, price, delivery time)
Payment
The payment of goods is to be made at the time of invoice or as specified on the invoice in negotiation with Didgeridoo Passion.
Payment of ordered goods is to be made online. Didgeridoo Passion clients can make payments for their goods by clicking on the section entitled prices of products and delivery found on the Didgeridoo Passion website. By doing this, Didgeridoo Passion clients are able to satisfy all of the requirements of transition and / or transport specified by customs, the TVA and / or by other applicable taxes at the time of importation into the country of delivery.
Paying By bank card: Make an online payment, No additional fees. We use the platform Cybermut P @ yment and protocol "3D Secure" Payment Solution Secure Online Credit Mutuel is certified PCI DSS (Payment Card Industry Data Security Standard) .
Paying by cheque
Didgeridoo Passion reserves the right to annul the intended purchase in the absence of a cheque provided by the client or in the case of a bounced cheque after a period of ten days after the confirmation of an order.
Paying by bank transfert
National or international bank details (IBAN) will be provided at the clients request and once the order has been sent.
Paying by Paypal
After the order form confirming the details of the purchase has been received the order will then be sent along with an invoice detailing the price and a payment form. To pay with Paypal visit the website www.paypal.fr and click on function payment form.
Default payment Legal possession (reserve de proprieties)
Didgeridoo Passion goods stay in the legal possession of didgeridoo Passion until a final payment is made in full conforming to the terms as laid out by article n° 80 335, 12 May 1980. Didgeridoo Passion reserves the right to reclaim the products in the case of a default payment.
In this circumstance, Didgeridoo Passion clients are obliged to return all of the goods not yet paid for including all other expenses also at their own cost.
Carrier Risks
Carrier risks are relayed onto the client once the delivery of goods has been undertaken by Didgeridoo Passion. The goods are therefore sent at the customers own risk. The same conditions apply for the sending or returning of purchased goods (port free).
Whilst the retraction of goods is taking place, as mentioned earlier, the client is considered the guardian during this period and is therefore responsible for all costs caused by instances of deterioration or damage to the product.
Procedure
The order will be carried out after the amount owed has been received by Didgeridoo Passion. The delay period will be confirmed by Didgeridoo Passion at the time of purchase. The delay period is subject to the availability of the product. However, in the case that an agreement is not made between the Didgeridoo Passion and the customer there will be a maximum delay of 30 days.
In the case that an ordered product is damaged or unavailable Didgeridoo Passion is obliged to inform customers as soon as possible and communicate when the ordered product will be available.
Didgeridoo Passion customers are obliged to inform Didgeridoo Passion via email if they would prefer to wait for the delayed product or receive a refund.
Delivery
Didgeridoo Passion products will be delivered to the address indicated on the customer order form. The transport and delivery of goods is the responsibility of the courier. This obligation is transferred from Didgeridoo Passion to the courier once the ordered goods have been exchanged for delivery.
The delivery form provided by the courier will serve as written proof of the exact contents and successful transport and delivery of goods.
Didgeridoo Passion customers are obliged to confirm that they have received all goods ordered and it is recommended that the condition of goods must also be verified at the time of delivery.
In the case of damage, partial or complete loss of goods or any other problem it is the responsibility of the customer to exercise their right to raise any complaints associated with the transport and delivery of products with the courier company. Under no circumstance is Didgeridoo Passion to be held accountable for the delay, damage, partial or complete loss or any other problem associated with the transport and delivery of goods.
Therefore, Didgeridoo Passion recommends that its customers verify and record the delivery and quality of goods at the time of delivery.
If the customer notices any discrepancies with their order they are advised to refuse to accept the goods or to document the missing or damaged goods with the exact time and date of delivery.
Didgeridoo Passion customers have three working days from the date of delivery to lodge a complaint with the courier company and receive an acknowledgement of receipt. Didgeridoo Passion will receive a copy of the complaint once it has been made.
Farce Majeure
The procedures outlined are considered Force Majeure. Other circumstances are subject to French law and the French Tribunal.
Partial or complete strikes that are either external or internal to Didgeridoo Passion may result in the dissolution of all modes of transport, delay in supply of stock, government or legal restrictions, telecommunications meltdown including telephone and internet reception.
In the case that Force Majeure is used an order will be deferred and if after a three month period both parties insist on the persistence of Force Majeure the order will be automatically annulled.
Complaints
Coplaints concerning non-conformity of ordered products must be expressed in writing to Didgeridoo Passion immediately after the goods have been received.
The customer must keep goods in their original packaging and condition along with the accompanying documents associated with the product(s).
Didgeridoo Passion will re-send the goods originally ordered at its own cost once it has received the returned goods in their original condition.
Loss or deterioration
Article L.221-15 of the Consumer Code. The text provides that the company Didgeridoo Passion has “full responsibility” in the proper execution of the contract throughout the order-transport-delivery chain. The customer-buyer can request a refund or an exchange if he has not received his package by the date indicated by the seller or within 30 days of the order, according to article L. 216-2. of the Consumer Code. In this case, Didgeridoo Passion has the obligation to proceed with the reimbursement within 14 days of the request (article L. 216-3 of the Consumer Code).
The right of return
The customer has the right, within fourteen days of delivery of their order, to return, at their own expense, for exchange or refund, any products that do not suit them, in accordance with Article L221-18 of the French Consumer Code. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. The product must then be returned within a maximum of 7 days after notifying Didgeridoo Passion of your withdrawal. Return shipping costs are the responsibility of the customer. No cash on delivery shipments will be accepted under any circumstances.
The item must not have suffered any damage, however minor, and must be in a perfectly clean condition. Didgeridoo Passion will assess the condition of the returned merchandise. No returns will be accepted if the returned items have been damaged by the customer and this damage or use renders the items unsaleable.
This right of return may be exercised without penalty, except for the initial shipping costs and return shipping costs. In cases where the initial shipping cost was covered by free shipping, Didgeridoo Passion will deduct the original shipping cost from the refund. The customer will be refunded within a maximum of 7 days of receiving the returned product. Didgeridoo Passion will issue this refund using the same payment method used by the consumer for the initial transaction, unless the consumer expressly agrees to a different payment method and provided that the refund does not incur any costs for the consumer. Didgeridoo Passion accepts no liability for loss or damage during the transport of the package.
When you purchase directly to the Didgeridoo Passion Shop (not online order) there is no right of withdrawal in case of purchase of a product directly to a store. If cash purchase, the agreement is immediate, so there is no delay retraction and no repayment obligation. In this case, Didgeridoo Passion reserves the right to refuse a sold product when the buyer wishes to withdraw.
Intellectual Property Rights
Didgeridoo Passion is the legitimate title holder of all intellectual property rights encompassing the Didgeridoo Passion website and all products displayed in the electronic boutique.
The partial or complete reproduction of any sort of the elements present in the Didgeridoo Passion website or catalogue is forbidden. It is forbidden also to use any of these elements for oneself or to offer them to a third party.
The process in which orders are made is subject to French law. Legal information concerning Didgeridoo Passion and its customers is presented in the French language.
In the case that a dispute may arise customers are advised to raise their complaints / issues with Didgeridoo Passion in order to reach an amicable solution.
In the case that an amicable solution can not be reached the matter will be taken to / addressed by the Tribunal.
Declaration
The website Didgeridoo Passion has made a formal declaration to the / at the CNIL Commission Nationale de l'Informatique et des Libertes) number: 1184854. conforming to articles 38 and 40 of the law 2004-801 from 06/08/2004 This right can be exercised by sending an email to info@didgeridoo-passion.com
Personal information given to Didgeridoo Passion stays strictly confidential and will not in any circumstance be shared with cedees, other sellers or third parties. Personal information is strictly for internal use by Didgeridoo Passion.
Didgeridoo Passion N°TVA: FR22490940251 / SIRET: 490-940-251 00047