Updated March 2022

Legal Notice and General Terms and Conditions of Use and Sale (GTCUS)

1. Definitions

gaelfromantin.com hereinafter referred to as “the Site” or “Site”, refers to the Internet site created by Gaël Fromantin (see Legal Notice below).

“Gaël Fromantin”, “we”, “us”, or “our” refers to the sole proprietorship registered in the name of Gaël Fromantin.

Depending on the context, “you” refers to a Customer, a Visitor or an Internet user:

– When you have made a purchase on our Site, using our services, we call you a Customer.

– When you visit our Site without making a purchase, we call you a Visitor.

– Internet user means a Visitor and/or a Customer.

2. Preamble

These General Terms and Conditions of Use and Sale (“GTCUS”) apply, without restriction or reservation, to all sales of downloads and products (“Products”) made by Gaël Fromantin, Sole Proprietorship, Siret: 89800331400017, with consumers and non-professional purchasers (“Customer(s)”) on the website www.gaelfromantin.com (“Site”), which can be accessed from Metropolitan France.

The GTCUS specify in particular the conditions of order, payment, delivery and management of possible returns of products ordered by the Customers.

For the purposes of these Terms and Conditions, it is agreed that the Customer and Gaël Fromantin will also be collectively referred to as the “Parties” and individually referred to as the “Party”.

The GTCUS apply to the exclusion of all other conditions, in particular those applicable to other distribution and marketing channels.

These GTCUS are accessible at any time on the site and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares that he has read these GTCUS and all the information listed in article L. 221-5 of the French Consumer Code, and that he has accepted the said information as well as the GTCUS, at the time of his order on the Site before the implementation of the online order validation procedure.

As these GTCUS may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the site on the date the order is placed.

In the absence of proof to the contrary, the data recorded in Gaël Fromantin’s computer system constitutes proof of all transactions concluded with the Customer.

The Customer acknowledges that he/she has the required capacity to contract and acquire the products offered on the site. 

3. Legal notices

In accordance with the provisions of Articles 6-III and 19 of Law No. 20004-575 of 21 June 2004 for Confidence in the Digital Economy, known as the LCEN, we inform the users of the site www.gaelfromantin.com of the present legal notice.

Connection, use and access to the site imply full and unreserved acceptance by the user of all the provisions on this page.

Gaël Fromantin’s website, whose address is https://www.gaelfromantin.com (hereinafter referred to as “the Site”) is designed and published by :

Gaël Fromantin,

340 route du Chêne,

73310, CHANAZ, France.

Siret: 89800331400017

Tel: +33 (0)6 82 94 77 80

Email: contact@gaelfromantin.com

The Site is hosted by :

O2switch, SARL with a capital of 100 000€.

222-224 Boulevard Gustave Flaubert,

63000 Clermont-Ferrand,

Siret : 510 909 807 00024

Tel: +33 (0)4 44 44 60 40

Website: https://www.o2switch.fr

Photo credits:

All pages of the Site: all background photos © all rights reserved by Gaël Fromantin. Photos by Gaël Fromantin © Calista Studio

Photos from the album ” Dialogues entre deux Mondes… Je de Miroir ” © Calista Studio

4. Intellectual property

The presentation and content of the Site, including but not limited to its tree structure, animations, and all of its editorial, graphic, photographic, audio and video elements, are protected under the French Intellectual Property Code and, more generally, under international treaties and agreements containing provisions on the protection of copyright.

Copyright and related rights are reserved and Gaël Fromantin is the owner or exclusive licensee of all intellectual property elements that make up the Site, such as logos, trademarks, designs, audio and video files, texts, images, technologies and know-how.

As such, in the absence of specific written authorisation from Gaël Fromantin, any representation, reproduction, modification, commercial or non-commercial use, in whole or in part, of the various elements of the Site is prohibited and exposes its author(s) to legal action. The present “General Conditions of Use and Sale” do not authorise under any circumstances the representation, reproduction, modification or commercial use of the various elements of the Site. Thus, any total or partial reproduction of the Site and/or its elements for purposes other than use in accordance with its/their intended purpose is strictly forbidden: any resale, exchange, rental of files or transfer to third parties is strictly forbidden.

Likewise, the various possibilities offered to the Client within the framework of the offers do not in any way imply a waiver by the rightful owners of their rights to their files which are the object of Gaël Fromantin’s services. Moreover, Gaël Fromantin remains the sole owner of the right to distribute these files, which are protected by copyright throughout the world.

Any simple link or hypertext link is strictly forbidden without the prior written consent of Gaël Fromantin. Any use, reproduction, distribution, marketing, or modification of all or part of the www.gaelfromantin.com website without the prior written consent of Gaël Fromantin is prohibited.

The Customer hereby undertakes not to undermine (modify, delete, etc.) any technical measures for the protection of rights, not to obstruct, modify or delete any information relating to the rights regime on the products, nor to encourage or help third parties to carry out such acts. Similarly, he undertakes not to attempt to circumvent or modify the software necessary to use the services.

The Customer benefits from a personal right to use the downloaded audio files or physical albums that he/she has purchased, in a strictly private context. Any use of audio files, photographs, images or texts etc., from downloads or physical albums, by the Customer outside the framework of these General Terms and Conditions of Use and Sale is prohibited, and exposes the Customer to civil and criminal legal proceedings, in particular those provided for by the French Intellectual Property Code and Civil Code.

For more information on the processing of personal data, please refer to the Privacy Policy of the www.gaelfromantin.com website, which is available in the Privacy Policy section at the bottom of each page on the www.gaelfromantin.com website.

 

5. Description of the services provided

5.1 Services

The Site makes available to Internet users (individuals, non-professionals) using the aforementioned site, paying offers for the definitive download of musical recordings of album(s) in mp3 format, of mail order sales of album(s) physical(s) (CD or vinyl), and accessory(ies) (Merchandising) when the latter are available and visible on the Site store.

5.2 Service Availability

The site www.gaelfromantin.com is accessible 7 days a week, 24 hours a day, except in cases of force majeure or interruption in the event of the need for maintenance. In the event of modification, interruption or suspension of services, the site www.gaelfromantin.com cannot be held responsible.

5.3 Conditions of use of the sale offer

All files offered via the Service are protected by copyright.

Their use can therefore only be done strictly in a private and free context, in full compliance with the conditions defined by Gaël Fromantin.

In this respect, in accordance with the legislation in force, it is strictly forbidden for the Customer to attempt to circumvent, remove or alter the technical measures for the protection of works or any device with an equivalent objective.

The reading, transfer and burning of downloaded music files are free and unlimited, for strictly private use.

Gaël Fromantin presents on its site www.gaelfromantin.com download offers and products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the French Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics of the products he wishes to buy.

In addition, the offers presented by Gaël Fromantin are only valid within the limits of available stocks, with regard to the sale of “physical” albums and accessories.

6. Other customer obligations

The Customer declares on his honor to be of legal age and to have full legal capacity to place an order on the Site.

The Customer declares to accept these General Terms and Conditions of Use and Sale (GTCUS).

In accordance with point 5. and particularly point 5.3. of these GTCUS, the Customer expressly undertakes to respect the conditions of use for downloading, not to infringe or attempt to infringe the file protection measures and to comply with the legislation in force relating to intellectual property rights.

The Customer expressly undertakes not to use the Site or its Services for illegal purposes.

The Customer expressly undertakes not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of seeing his criminal or civil liability incurred.

Each Customer who has purchased musical recordings via Gaël Fromantin’s definitive download offer is deemed to have downloaded and saved the said recordings on his personal computer or on any other equipment (smartphone, etc.) that was used to download the recordings. Gaël Fromantin cannot under any circumstances be held responsible for any loss of files downloaded via its Site.

In any event, Gaël Fromantin’s liability can only be engaged up to the extent of its obligation to deliver in conformity. In this respect, this liability will be limited to the price of the order made by the Customer.

7. Price

The selling prices of our products are indicated on the Site in euros (€) all taxes included (TTC), unless otherwise indicated and excluding processing and shipping costs. In the event of an order to a territory other than metropolitan France and overseas territories, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Gaël Fromantin. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

All orders, whatever their origin, are payable in euros (€).

Gaël Fromantin reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of the validation of the order and subject to its availability. The products remain the property of Gaël Fromantin until full payment of the order.

Note that as soon as the order is shipped by Gaël Fromantin, the risk of loss or damage to the products is transferred to the carrier. As soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

 

8. Orders.

8.1 Ordering

Any order appearing on the Site www.gaelfromantin.com implies acceptance of these General Conditions of Use and Sale.

The Customer materializes his order by completing the following 5 steps:

Step 1:

The Customer selects the chosen product(s) and adds it(them) to his “basket”.

The basket icon and the basket located at the top right of the screen inform the Customer that their selections have been taken into account by indicating the number of products it contains.

2nd step:

The customer checks the contents of his basket by clicking either on “Buy with Apple Pay” or Buy with your credit card” in order to have access to the summary of his order. The Customer can then modify his order (quantity) or cancel it.

The total amount including VAT of the order then indicates in the summary the price due for the products.

Step 3:

Once the order has been checked and, if necessary, modified, the Customer validates his basket in order to finalize his order by clicking on “place my order”.

Step 4:

The Customer enters his contact details including the delivery address (in the case of a physical product) and invoicing as proposed on the form.

All the fields necessary for the finalization of the order are identified by an asterisk, it being specified that unless otherwise indicated by the Customer, the billing address will automatically be that indicated as the delivery address.

As part of a downloadable product, the Customer must enter an email address.

Step 5:

Entering bank details

The form has a space dedicated to the secure payment of Gaël Fromantin’s partner as specified below.

Payment is made online by credit card, Apple Pay, Google Pay or Paypal only when available.

The Customer must enter his bank card number, its expiry date as well as the 3 numbers of the visual cryptogram present on the back of his card, it being specified that in the event of payment by American Express card, the customer must communicate 4 digits.

The Customer then verifies all the information and clicks on “Order” to continue with his order.

If the payment is accepted, the Customer will be redirected to an order confirmation screen on the site.

In the event of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. At the end of the 3rd refusal, the customer will be redirected on the site to a screen indicating the refusal of payment. The Customer will then be invited to contact Gaël Fromantin’s customer service to find out the reasons and together find a solution to finalize the customer’s order.

9. Order Confirmation

Upon acceptance of the customer’s payment, the customer will receive an email confirming his order, and summarizing all the items ordered, the billing and delivery address.

When the order is for a music album download offer, the email contains a download link. the

The validation of the order by the customer and the order confirmation sent to the customer by e-mail by Gaël Fromantin following the acceptance of payment constitute conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Use and Sale (GTCUS).

Any order confirmation entails your full and complete acceptance of these General Conditions of Use and Sale, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction.

You declare to have full knowledge of it.

The order confirmation will constitute signature and acceptance of the operations carried out.

Gaël Fromantin reserves the right not to validate the order in the event of legitimate reasons and in particular in the event of:

• abnormal or abusive complaints,

• abnormal orders with regard to the quantities ordered,

• abnormal or abusive exchanges and returns,

• existing dispute(s) with the customer,

• inventory error.

Gaël Fromantin is available to the Customer for any questions relating to his order. Customer service is available by email at the following address: contact@gaelfromantin.com

10. Payment

The price of the products purchased is payable in cash, in full on the day the order is placed by the customer. Payment is made online by credit card (Visa card, / Mastercard / American Express / Maestro) or by Paypal at the time of validation of the order by the customer.

Other payment methods may be available. We invite you to check it on the website of our online payment service provider Stripe. See https://stripe.com/fr-us/enterprise.

In the event of a payment default, an incorrect address or any other problem on the customer’s account, Gaël Fromantin reserves the right to block the customer’s order until the problem is resolved.

In the event of fraudulent use of his bank card on the site, the Customer is invited to contact his bank and Gaël Fromantin by email at the following address: contact@gaelfromantin.com.

Transactions made on the site are secured by the payment system of our partner, the company Stripe Payments Europe (“Stripe”): https://stripe.com/fr.

All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol, more information can be found on the site: https://stripe.com/help/ssl. This data cannot be detected, intercepted or used by third parties.

At no time does the customer’s bank data pass through our computer systems.

Since Stripe is a technical service provider, it does not handle disputes related to orders, which are handled directly by Gaël Fromantin as specified above or, where applicable, by the customer’s bank.

11. Archiving of the order

The order confirmation is recorded in Gaël Fromantin’s registers, which are themselves kept on a reliable and durable medium. The customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.

12. Right of withdrawal

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay a penalty.

Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

Return costs are your responsibility.

In the event of exercise of the right of withdrawal, Gaël Fromantin will reimburse the sums paid, within 14 days of notification of your request and via the same means of payment as that used when ordering.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer’s specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° 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;

6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Supply of digital content not supplied on a material medium, the execution of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.

Concerning the downloaded audio files, these being immediately reproducible, the Customer cannot exercise his right of withdrawal. Thus, by these General Conditions of Use and Sale and in accordance with the Consumer Code: article L211-1 to L211-4, when the Customer validates the order after having ticked the checkbox “I have read and ‘accepts without restriction the general conditions of sale’, he/she waives his/her right of withdrawal. Failing this, the order cannot take place.

12. Product Availability

Our products are offered as long as they are visible on the Site and within the limits of available stocks except for the download offer.

In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.

In addition, the Site is not intended to sell its products in large quantities. Therefore Gaël Fromantin reserves the right to refuse orders for more than 5 identical items.

13. Delivery

The products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order validation page.

In case of late shipment, an email will be sent to you to inform you of any consequences on the delivery time indicated to you.

In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and the shipping costs under the conditions of article L 138-3 of the Consumer Code.

In the event of deliveries by a carrier, Gaël Fromantin cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals.

14. Liability

The download offers and the products offered comply with the French legislation in force. Gaël Fromantin cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.

Furthermore, Gaël Fromantin cannot be held liable for damage resulting from improper use of the purchased product.

Finally, Gaël Fromantin cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

15. Applicable law in the event of disputes

These General Conditions of Use and Sale are subject to French law.

In the event of a dispute, the French courts will have sole jurisdiction.