General terms and conditions of sale
Article 1. Objet
The present General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, people wishing to make a purchase (hereinafter referred to as the “CUSTOMER” or “the Buyer” or “the User”) via the internet site http://www. mirare.fr (hereinafter referred to as “the Site”) and on the other hand the company MIRARE PRODUCTIONS, SARL whose head office is located at 16 rue Marie Anne Du Boccage, 44000 NANTES, registered in the NANTES Trade and Companies Register under the number RCS n° 437942303 (hereinafter referred to as “the Vendor” or “MIRARE”). The aforementioned Website allows the Seller to offer for sale music (hereinafter “the Products”), published on all media, in particular compact discs (CDs) and vinyl records. The Seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Site. The general terms and conditions of sale applicable are those in force on the date of the placing of the order by the Customer. The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the products offered on the Site. Confirmation of the order by the purchaser implies unreserved acceptance of these general conditions of sale which prevail over all previous versions or specifications emanating from the purchaser, including by exchange of e-mails, and shall prevail over any other document and shall prevail over any other previous agreement or other general conditions, in particular of purchase.
Article 2. Product & Price
Article 2.1 Products
Only the Products that appear on the Site on the day of its consultation by the Customer are offered and available for sale. The offers of Products and prices are valid, within the limits of available stocks, as long as they are visible on the Site. The photos, descriptions and characteristics are chosen as well as possible in order to inform the customer about the product. The products are described and presented with the greatest possible accuracy. However, if errors or omissions could have occurred as for this presentation, the responsibility of the salesman could not be committed. The photographs and illustrations presented on the site are not contractual. The Customer can send an email to firstname.lastname@example.org to receive more information.
Article 2.2 Prices
The prices are indicated in Euros, all taxes included, excluding delivery and transport costs. The prices applied are those shown on the Site at the time of the order. The price is payable in full upon confirmation of the order. The price displayed includes VAT at the current rate. In case of a promotion, discount, or sale, MIRARE undertakes to apply the promotional price to any order placed during the advertising period for the promotion. Delivery costs will be added to the price of the Product(s) indicated on the Site. The amount of the delivery costs will be communicated online to the Customer before the order is validated, in accordance with article 4 below. In general, no discount will be granted for early payment.
Article 3. Reservation of ownership and risks
All works and products sold remain the sole property of MIRARE until full payment is received. The products travel at the Customer’s risk, the risks being transferred upon confirmation of the order.
Article 4 : Ordering
Any order placed by a Customer via the www.mirare.fr site automatically implies irrevocable acceptance of the present general conditions of sale by the Customer, who declares that he/she has read them before placing the order.
4.1. Registration of the order
The Customer who wishes to place an order online chooses the different Products of his choice by clicking on “Add to cart”. The Customer is invited to consult the summary of his order at any time by clicking on the button “See the basket” or by clicking on the basket icon. At this stage, the Customer may at any time check the details of his order, obtain detailed information on the Product(s) and delivery costs or delete one or more Products. In case of unavailability of an ordered product, the buyer will be informed by e-mail. For the order to be validated, the buyer will have to accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment. After validation of the basket by clicking on the button “validate the order”, the Customer can order. Any new Customer must fill in the fields proposed to him to proceed with the purchase of the Product(s). The Customer must accurately fill in the form made available to him/her, in which he/she will mention in particular the information necessary for his/her identification: surname, first name, delivery address, telephone number, valid e-mail address and whether the Customer is ordering as a private individual or a professional. Unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address. The Customer must then declare that he/she has read, understood and accepted the General Terms and Conditions of Sale by checking the box marked “I acknowledge that I have read and accepted the “Applicable General Terms and Conditions”: this is a prerequisite to finalizing the Order. The summary of the order mentions:
- a summary table of the order (nature, quantity and price of the Products)
- the total amount of the order ;
- the amount of the delivery charges.
4.2. Validation of the order
After having read the summary order form, the Customer clicks on “order” to confirm his order. The validation of the summary order form and the resulting acknowledgement of receipt constitute an electronic contract. This contract is proof of the completeness of the order and of the payability of the sums due in execution of said order. As soon as he has validated his order, the Customer becomes a Buyer. The Seller reserves the right not to validate the order in case of :
- existing dispute(s) with the Buyer,
- total or partial non-payment of a previous order by the Buyer,
- refusal of authorization of payment by bank card of the banking organizations.
The sale will be considered as final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the seller;
- and after collection by the seller of the full price.
In certain cases, notably non-payment, erroneous address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
Once the order is validated, the customer selects his payment method. The payment is made by Paypal or by credit card via the secure platform Stripe.
- By Paypal, the Customer is then redirected to the Paypal secure payment page which allows him to pay online,
- y VISA, MASTERCARD or AMERICAN EXPRESS credit card, the Customer must enter his bank details (card number, expiration date, visual cryptogram on the back of the card).
- 4.4. . Acknowledgement of receipt of the order
The final validation of the order, and the formation of the sales contract, occurs after validation of the payment. An email confirming the order and payment will be sent to the Customer. This document is an acknowledgement of receipt and includes all the elements of the contract between the Parties. The order form is recorded on the registers of the Seller, themselves kept on a reliable and durable support. The Buyer accepts that it is considered as proof of the contractual relations between the Parties. The possible unavailability of an ordered Product will be notified to the Buyer by email or telephone if he/she has left a valid number, quickly after his/her order and a refund will be made up to the price of the unavailable Product.
Article 5. Delivery in France and European Union countries
5.1. Delivery zones
Delivery is made in metropolitan France and Corsica, and in the member countries of the European Union subject to the provisions mentioned below. The products will be sent to the delivery address that the Customer will have indicated during the ordering process. For all deliveries outside of this zone, write to MIRARE PRODUCTIONS to find out the delivery terms and conditions, if applicable.
5.2 Delivery methods
The orders concerned by the zone mentioned in article 5.1 are sent by The Post Office. The envelope is given in person to the Customer or delivered in his mailbox. If the size of the envelope does not allow it to be delivered to the mailbox, it will be made available to the Customer in the post office to which he is attached. The Customer has 10 working days from the arrival of the mail in the post office to collect it. After this period, it will be returned to the sender.
5.3 Delivery costs
Delivery costs are the exclusive responsibility of the Buyer.
The delivery costs are systematically specified before finalizing the order and accepted by the Customer at the validation.
Unless otherwise stated, delivery costs will be included in the price indicated per disc in the basket, which is 20 € including postage per disc.
As an indication, the delivery costs are usually the following, subject to the modification of the rates by the Post Office:
– indicative rates for Metropolitan France (prices include VAT)
- Up to 100g: 2,86 €.
- Up to 250g : 5,26 € (including VAT)
- Up to 500g: 7,89 € (including VAT)
- Up to 2kg: 11,44 €.
indicative rates for other EU member countries (prices incl. VAT)
- Up to 100g: 3,30 €
- Up to 250g: 8,00 €
- Up to 500g: 12,20 €
- Up to 2kg: 21,50 €
5.4 Delivery time
Orders are processed and shipped by MIRARE PRODUCTIONS or its partners within a maximum of 8 days following receipt of payment for the order. The package is then usually delivered by La Poste within 8 days after the order is sent, for an address in France, this period being purely indicative. For an international delivery, the delays can be longer. The delivery times are provided as an indication and any possible overtaking will not give rise to damages, nor to a withholding or a cancellation of order or complaint on behalf of the Customer. For any question, do not hesitate to contact us for more information: email@example.com Upon receipt of the order, it is the responsibility of the Buyer to verify that the Products delivered are in conformity with the order. If this is not the case (i.e.: damaged package, apparent defect), the Buyer does not sign the delivery note and returns the package to the carrier. If these formalities are not respected at the time of delivery, the Products will be deemed to be in conformity and free of any apparent defect.
Article 6. Delivery outside the territory mentioned in article 5.1
For any order to be delivered outside of Metropolitan France and Corsica and countries of the EUROPEAN UNION, the packages are delivered, at the choice of MIRARE PRODUCTIONS or its partners, by the Post Office or by a carrier to the address indicated at the time of the order. Outside the European Union, customs fees may be applied and are to be paid by the customer. In no case can the Seller be held responsible if customs fees must be applied in the country of delivery: these fees are the sole responsibility of the Customer, who must pay them in full. The package is given in person to the Customer or delivered in his mailbox. If the size of the package does not allow it to be delivered to the mailbox, it will be made available to the Customer at the post office or at the carrier’s premises. After the withdrawal period indicated during the delivery attempt, the package will be returned to the sender. Orders are processed and shipped by MIRARE PRODUCTIONS or its partners within a maximum of 8 days following receipt of payment for the order. Delivery and customs fees are the exclusive responsibility of the Purchaser. These expenses depend on the choice of the provider, the weight, the size of the order placed and the place of delivery wished by the Customer. For information purposes only, the delivery charges are usually as follows:
- Up to 100g: 3,30 €
- Up to 250g: 8,00 €
- Up to 500g: 12,20 €
- Up to 2kg: 21,50 €
If you have any questions, please do not hesitate to contact us for more information: firstname.lastname@example.org Upon receipt of the order, it is the responsibility of the Buyer to verify that the Products delivered are in conformity with the order. If this is not the case (i.e.: damaged package, apparent defect), the Buyer does not sign the delivery note and returns the package to the carrier. If these formalities are not respected at the time of delivery, the Products will be deemed to be in conformity and free of any apparent defect.
Article 7. Right of withdrawal for Customers who are consumers only
7.1 Right of withdrawal
In application of article L.221-18 and following of the consumer code, the Purchaser having the status of consumer has a period of 14 days from the delivery of the Product(s) to formulate his/her right of retraction to MIRARE PRODUCTIONS, by electronic mail to the e-mail address transmitted as part of the electronic mail notifying the reception of the payment and the finalization of the order, or by registered mail with acknowledgement of receipt (date of dispatch being taken as proof of receipt) to the following address MIRARE PRODUCTIONS 16 rue Marie Anne Du Boccage 44000 NANTES, and to request an exchange with a Product of equivalent value or reimbursement, without penalties. The Product must be returned new, in perfect condition and in its original packaging to the following address MIRARE PRODUCTIONS 16 rue Marie Anne Du Boccage 44000 NANTES. In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as a copy of the purchase invoice. By express agreement between the parties, the risks and costs of return (transport, customs or other) will be borne exclusively by the Buyer. The returned Products must be in their original condition and packaging: any product damaged, opened or soiled by the Buyer (non-intact blister pack, fingerprints or traces or impacts of any other nature) will not be taken back and/or refunded. If the product is intact, the Seller will reimburse the Buyer for the amount of the order (price of the product and delivery charges in accordance with article L221-24 of the French Consumer Code) within 14 days of receipt of the goods, by bank transfer or by check, excluding any other sum or charge. The return costs are at the expense of the customer.
7.2 Exercising the right of withdrawal
In accordance with Article L.221-21 of the French Consumer Code, in order to exercise the right of withdrawal under the conditions of Articles L.221-18 et seq. of the French Consumer Code, it is sufficient for the Customer who is a consumer to notify the Seller in writing of his intention to withdraw, before the expiry of the time limit, by sending the withdrawal form (with an active link to the attached form) or any equivalent request:
It is reminded that exceptions are provided for in article L.221-28 of the French Consumer Code and are obstacles to the exercise of the right of cancellation.
Article 8. Legal guarantees
The consumer customer benefits from the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (article 1641 of the Civil Code) for any purchase. Any guarantee is excluded in the event of damage of external origin or due to negligence, a defect of maintenance on behalf of the Purchaser, like in the event of normal wear of the product. The consumer Buyer has a period of two years to assert one or other of these guarantees. For the defect of conformity, the period runs from the delivery of the Product. For latent defects, the period runs from the discovery of the defect.
Article 9. Intellectual property
9.1 Intellectual property of the Site
The Site, all of its content and all elements accessible on the site (including in particular sounds, texts, information, images, brands, graphics, logos, distinctive signs, software, rights to the works offered for sale…) come under French legislation on copyright and intellectual property, and are the exclusive property and/or use of MIRARE PRODUCTIONS and/or its partners. All of the visual elements displayed on the site are protected by copyright, in application of articles L.112-1 and following of the Intellectual Property Code, and the Client may in no case use, copy, reproduce, modify or alter this work or its elements, including on the Internet, without prior written authorization from MIRARE PRODUCTIONS. Thus, any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the Site, regardless of the means or process used, is strictly forbidden without prior written authorization from MIRARE PRODUCTIONS, which does not grant the User any license or right other than to consult the Site. Any unauthorized exploitation of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of the Intellectual Property Code.
9.2 Intellectual property of Products and rights to works
The Products sold by MIRARE PRODUCTIONS are all reproductions of works of the mind reflecting the personality of their authors and/or MIRARE’s partner performers and as such benefit from the protection of Copyright. As such, MIRARE and/or the authors and/or performers are the exclusive holders of copyright (moral and economic rights) on these creations within the meaning of articles L.111-1 et seq. of the Intellectual Property Code. The company MIRARE PRODUCTIONS has, by contract, the necessary rights to market these products, notably on its site. Consequently, the purchase of a Product does not entail, by the simple fact of its acquisition by the Purchaser, the transfer of intellectual property rights on the Products purchased. The rights of the Buyer on the purchased Products are thus limited to a right of private use, excluding any right of representation and reproduction of the work in accordance with article L.111-3 of the Code of the intellectual property.
9.3 Contract of transfer of intellectual property rights
If he so wishes, the Customer may request MIRARE PRODUCTIONS to discuss, if necessary, the conditions of an autonomous and distinct contract for the transfer of an intellectual property right on all or part of the Products purchased. MIRARE PRODUCTIONS and the authors and/or performers will be free to accept or refuse this request, without having to justify any reason. If a contract for the transfer of intellectual property rights is to be considered, it must necessarily be concluded in writing, clearly identifying the works concerned and mentioning the type of right transferred (reproduction, adaptation, etc.), the extent, the destination, the place, the duration of exploitation of the right transferred, the methods of calculation and payment of the right transferred, all in accordance with articles L.131-2 and L.131-3 of the French Intellectual Property Code. The costs, expenses and fees related to such a contract, its negotiation, its drafting and its consequences will be the exclusive responsibility of the Customer, unless otherwise agreed between the parties.
Article 10. Privacy, personal data & Cookies
10.1 Personal data
In accordance with the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, personal data are protected. On the site www.mirare.fr, the owner of the site only collects personal information relating to the User (name, first name, address, telephone, email) for the purpose of managing the order and the contractual relationship. These data are collected on the basis of the explicit consent of the User. The data processing may meet a legal obligation (tax or litigation management for example). Personal data is kept for a reasonable period of time, strictly necessary for the management of the commercial relationship. The Seller undertakes to delete or archive the Customer’s data at the end of a period of 13 months following the last connection. The exception to this is the data necessary to establish proof of a right or a contract, which may be archived, as provided for in the provisions of the Commercial Code relating to the duration of retention of books and documents created in the course of commercial activities, and the Consumer Code relating to the retention of contracts concluded by electronic means. If the Buyer does not provide all the mandatory information in the forms on the site, he/she cannot validate the form and consequently place his/her order. The User’s data is processed by the Seller and will not be published, exchanged, transferred or sold on any medium to third parties without the User’s knowledge. It is however specified that the Data may be shared with the service providers essential to the processing of the order, namely the Seller’s banking institutions, Paypal, the company ensuring the maintenance and hosting of the website and the Stripe module, and all transport service providers (in particular La Poste, UPS). These data transfers are governed by the law in force. All Users have the right to access, rectify, delete and oppose their personal data. For any request, please write to :
The Customer or Prospect has a right of access and rectification of the data concerning him/her, and can also assert his/her right to erasure or right to oblivion, as well as his/her right of opposition or right to portability. For any request, all he has to do is write to MIRARE PRODUCTIONS by e-mail or at the postal address. Finally, any Client or Prospect has the right to lodge a complaint with the competent control authority (in France, this is the CNIL) concerning the processing of their personal data.
Article 11. Responsibility
The Seller has only a best effort obligation for all stages of access to the site and the ordering process. MIRARE cannot be held responsible for any inconvenience or damage inherent to the use of the Internet, notably a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence. Furthermore, la MIRARE cannot be held responsible if the order is not completed or if it is prevented from respecting any of its obligations due to a case of force majeure as defined by jurisprudence, and notably in the event of a strike or bad weather preventing the delivery of the order.
Article 12. Force Majeure
The Seller shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance results either from the Customer, or from an unforeseeable and insurmountable act of a third party to the contract, or from a case of force majeure as defined by the case law of the French courts. The Seller shall notify the Customer/Purchaser of an event constituting force majeure, within 5 working days of its occurrence. The Parties agree to consult as soon as possible in order to determine the methods of processing the order during the period of the force majeure event. After a period of (one) month of interruption due to force majeure, the Parties shall be released from their obligations to each other. If necessary, the Seller shall reimburse the Buyer as soon as possible.
Article 13 Applicable law, amicable solution and competent jurisdictions
The present general conditions of sale and the contractual relations between the Seller and the Buyer are subject to French law, whatever the nationality of the Customer and the place where the order is received. In the event of a dispute, the parties shall endeavor to resolve it amicably. In the event of legal proceedings in connection with the present general conditions and/or any order of products on the site www.mirare.fr, the courts of the jurisdiction of NANTES (France) shall have exclusive jurisdiction. However, the parties agree to seek an amicable solution before any legal action. To settle disputes arising from a contractual relationship with a consumer, we are willing to participate in a mediation procedure for consumer disputes. The competent mediation service is: The service of the Mediator of e-commerce of the FEVAD, 60 rue la Boétie, 75008 Paris, France, www.mediateurfevad.fr
Article 14 : Proof
The registers and computerized documents, kept in the computer systems of MIRARE PRODUCTIONS and its partners, will be considered as proof of communication, orders and payments between the parties.
Article 15: Duration
The present conditions apply for the entire duration of the online availability of the Products offered by the Vendor.
Article 16 : After-sales service / customer relationship
The customer can join MIRARE PRODUCTIONS for any question relating in particular to the products or the orders, by email with the address: email@example.com