1- General information
The client declares to have read and understood the conditions of sale upon placing an order and accepts them without reservation.
The sale shall be deemed concluded on the date of acceptance of the order or the immediate purchase by the CLIENT. Prior to this date, these terms and conditions of sale are made available to any CLIENT for information purposes.
Ordering requires prior consultation of the terms and conditions of sale and does not require a handwritten signature.
Any order implies unreserved acceptance of these general conditions of sale which shall prevail over all other conditions, except those which have been expressly accepted by the CLIENT.
THE CLIENT declares to have read and understood these terms and conditions of sale and to have accepted them before their immediate purchase or the placing of their order.
The terms and conditions of sale can be modified at any time but the conditions applied to an order will be those effective upon the placement of the order.
2 – Pre-contractual information
The CLIENT thus has a clear global understanding and in particular of the following:
– The essential features of the product and the service;
– The price of the product and the service;
– The calculation method of the price and any additional costs of transport, delivery or postage and any other costs;
– The terms of payment, delivery and performance of the contract;
– The information relating to the identity of FINE OUDS SAS, its postal, telephone and electronic contact details.
3 – Orders
For any order to be valid, it must be established on FINE OUDS SAS purchase orders, which are available to clients on this site or can be directly requested from FINE OUDS SAS.
Any order that is signed, delivered or received at FINE OUDS SAS is deemed firm and final.
The online provision of the CLIENT’s bank card details and the final validation of the order will be proof of the CLIENT’s agreement
It involves full acceptance of and adherence to these terms and conditions of sale and payment obligations for the products ordered.
4 – Quote
The quotes issued by the service provider have a validity period of 30 days from the date of issue.
For orders and services resulting in the issuance of a preliminary quote, the sale will be considered as definitive only after confirmation of the acceptance by the CLIENT either through their signature directly on the quote with the mention “Agreed and signed” or through a confirmation e-mail referring to the quote concerned, or via the online provision of the CLIENT’s credit card details and the final validation of the order which will be worth proof of the CLIENT’s agreement.
5 – Price
All indicated prices are exclusive of tax. The rate and the amount of the tax are indicated next to the price.
They do not include delivery charges, invoiced as supplement and shown on the order form before validation.
If one or more taxes or duties, in particular environmental taxes, were to be created or modified, upwards or downwards, this change could be reflected on the final selling price of the products.
For all products shipped outside of the European Union and / or DOM-TOM (French overseas departments and territories), the price is automatically calculated excluding taxes on the invoice.
Customs duties, or other local taxes, import duties or state taxes will be potentially payable in certain cases.
These taxes and amounts are not the responsibility of FINE OUDS SAS; they will be borne by the CLIENT and will be their sole responsibility (statements, payment to competent authorities, etc.).
For this reason, FINE OUDS SAS is inviting the CLIENT to inquire about these aspects with the corresponding local authorities.
FINE OUDS SAS reserves the right to modify its prices at any time in the future.
6 – Payments
Any payment will be made either in cash, by check, by credit card or by bank transfer, and in Euros only.
Items ordered online will be paid upon the order, before delivery, by bank transfer or via the PayPal account “FINE OUDS SAS”, shipping costs included.
Any order will be delivered only after total receipt of the sums claimed. The products remain the property of FINE OUDS SAS until full payment, regardless of the expected delivery date of the products.
Unless otherwise agreed, any deposit paid may not be refunded in the event of cancellation by the CLIENT.
7 – Instrument
7.1 – Instrument making
The Client must follow a series of steps that is specific to each instrument provided by FINE OUDS SAS in order to fulfil their order. However, the steps described below are systematically followed:
For all orders relating to the creation of an instrument, a deposit of 40% of the total price, or equal to the cost of materials (shipping costs and VAT included) will be required if such orders exceed 40% of the total price.
The remainder of the sum will be settled at the end of the manufacturing process when the instrument is collected or before delivery of the instrument, including delivery costs.
The choices of the creator / designer / instrument maker cannot be disputed with regard to:
7.2 – Orders of new, in stock or second-hand instruments
In the event of a new, second-hand or in stock instrument, the full amount will be requested upon withdrawal of the order or before the delivery of the instrument, shipping costs included.
The total amount is not recoverable in case of cancellation by the CLIENT.
Note: regarding the internet sales and the right of cancellation please refer to Article 11.
7.3 – Service delivery orders (repair, restore, and estimate)
For any order relating to a service, a deposit of 30% of the total price will be requested. If such order exceeds 30%, the price of materials (shipping and VAT included) must always be covered during the down payment.
8 – Delivery
The preferred delivery method is the hand delivery at the workshop-boutique
Upon request of the client, the shipping of the products by carrier is a possibility, but the shipping costs are the responsibility of the CLIENT (shipping will be preferably carried out via a carrier offering transport insurance).
The general condition of the instrument must be checked by the CLIENT at the time of delivery, in the presence of the driver, in order to make sure that the product has not been damaged by the carrier.
In case of any issues with the product or its packaging, it is imperative to refuse the delivery.
In the event of bad weather conditions, shipping by carrier is subject to the judgment of the instrument maker depending on the situation. He may therefore refuse the shipment, waiting for more favourable conditions for transport.
If the instrument needs to be returned to FINE OUDS SAS, it must be the subject of a return request within 7 days of delivery. Any claims expressed after this deadline will not be accepted.
Returned products will be only accepted for products in their original state (packaging, accessories, etc.).
9 – Guaranty and Insurance
The instruments are certified against all manufacturing defects for a period of 2 years beginning on the date of delivery.
Costs involving the return of the instrument to the workshop remain the responsibility of the CLIENT.
This guaranty applies to the client who has accepted the invoice and to the extent that the instrument has not suffered alterations made by them or a third party.
The guaranty does not cover the damage that is independent from the instrument making or that related to a bad use, conservation and maintenance of the instrument: shocks, exposure to strong variations of temperature and hygrometry, scratch of the varnish, natural wear of the fingerboard, natural wear of the pegs, bad storage of the instrument, etc…
The guaranty does not cover damage caused by third party actions on the instrument.
The guaranty does not apply in the case of damage caused by the carrier.
The guaranty does not apply to instruments purchased from resellers.
The wood used is very sensitive to hygrometric variations (moisture content in the air) and to temperature especially due to their low thickness. If the air becomes more humid, the wood will absorb the water contained in the air and thus swell. If the air dries out, the wood will restore the water into the surrounding air and thus retract.
To avoid any problem, the instrument must be kept in an environment with a humidity level between 45 and 65%.
It is also recommended to store the instrument in its case and to make sure that any storage near a heat source or in direct sunlight is avoided.
10 – In case of no withdrawal
If the client does not make arrangements to collect their completed order, beyond 6 months after the date upon which they were notified about their order’s availability for withdrawal or delivery, the product will be subject to a storage fee in the order of 350 € per month.
The non-withdrawn product will be considered as property of FINE OUDS SAS 1 year after this same date.
11- Right of cancellation
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of 14 days to exercise their right of cancellation without having to justify reasons or to pay penalties, except if applicable, return fees. The period mentioned in the preceding paragraph runs from the receipt for goods or acceptance of the offer for services.”
We inform the Clients that in accordance with Article L. 121-20-2 of the Consumer Code, this right of cancellation is excluded for: service contracts, the execution of which began, with the agreement of the CLIENT, before the end of the cancellation period and contracts for goods made at the request of the CLIENT or clearly customised.
Products must be returned in their original packaging and in perfect condition within 14 days of the notification to FINE OUDS SAS of the CLIENT’s decision to cancel.
Returns are to be made in their original condition and complete (packaging, accessories, instructions…) allowing their remarketing in new condition, along with the invoice.
Items that are damaged, soiled or incomplete will not be received.
The right of cancellation can be exercised by e-mail sent to email@example.com, which undertakes to answer within 48 hours after reception of the message.
The right of cancellation must be unambiguous and express the will to retract.
In case of exercise of the right of cancellation within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded.
The return costs are borne by the CLIENT.
The exchange (subject to availability) or refund of products returned by the CLIENT under the conditions provided above will be made within 14 days of receipt, by FINE OUDS SAS.
12 – Intellectual property
The Master Luthier remains the sole owner of the intellectual property rights and image rights relating to the original instruments he created.
13 – IT and Freedom
The personal data provided by the CLIENT are necessary for the processing of their order and the preparation of invoices.
They can be communicated to partners of FINE OUDS SAS responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.fineouds.com has been declared to the CNIL.
The CLIENT has a permanent right of access, modification, rectification and opposition regarding their information.
14 – Partial Nullity
If one or more provisions of these Terms is held to be invalid or declared as such under any law, regulation or after a final decision from a competent jurisdiction, the remaining provisions will remain in full force and scope.
15 – Non-waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in
these terms and conditions can not be construed for the future as a waiver of the obligation in question.
16 – Disputes
These terms and conditions are subject to the application of French law.
The CLIENT will first contact FINE OUDS SAS to obtain an amicable solution.
The physical delivery’s location of the object of the sale will determine if necessary the competent court.