Effective Date: 1 April 2024
Our General Terms and Conditions of Use and Sale (GTCUS) govern the use of our website https://acousticscompany.com/ (hereinafter the “Website”) and the sale of our products and services.
THE ACOUSTICS COMPANY (hereinafter referred to as “we/us”) is a simplified joint stock company (société par actions simplifiée) with a share capital of €25,000, registered with the Le Mans Trade and Companies Register under number 900 272 451.
Address: Boulevard des Tourelles – 72800 LE LUDE.
Telephone: 02.21.76.44.32
Email: [email protected]
Consumer | Any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, in accordance with the preliminary article of the French Consumer Code. |
Non-professional | Any legal entity that is not acting for professional purposes or that is acting for purposes that are not part of its main commercial activity. In certain cases, this category may benefit from the provisions of the Consumer Code. |
Professional | Any natural or legal person, public or private, acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional. |
Our CGUV distinguish, wherever necessary, between clauses that apply exclusively to consumers and those that apply to professionals or non-professionals.
3.1. What are the general conditions applicable to the use of our website?
Our CGUV govern the use of our Site by any user, whether an occasional visitor, a consumer (B2C) or a non-professional (B2B) (hereinafter “you/your”).
Access to and use of the Site implies unreserved acceptance of these GCUV. If you do not agree with these conditions, you must cease all use of our Site.
3.2. What are the general terms and conditions applicable to the sale of our products and services?
Our CGUV also apply to sales of the products and services we offer.
These conditions apply to our consumer (B2C), non-professional and professional (B2B) customers (hereinafter referred to as “you/your”).
4.1. Can our CGUV change?
Yes, we reserve the right to modify them at any time in order to adapt them to our activity, to changes in legislation or to any other necessity.
4.2. How will you be informed of changes?
The version of the CGUV in force is that available on our Site on the date the order is placed or the service used.
In the event of a substantial change, we will inform the customers concerned directly by any means.
4.3. Which version of the CGUV applies to your order?
The applicable CGUV are those in force on the date of confirmation of your order. They take precedence over all previous versions or contradictory documents.
5.1. Can you browse freely on the Site?
Yes, access to the Site is free for all users. However, certain functions (contact form, subscription to our newsletter, etc.) may require the transmission of personal data.
5.2. What are the rules for proper use of the Site?
You agree to :
5.3. Who owns the content on the Site?
All content published on the site (text, images, logos, videos, technical documents, etc.) is protected by intellectual property rights. Any reproduction, representation or use without written authorisation is prohibited.
5.4. Does the Site contain links to other platforms?
The Site may contain hypertext links to other sites or external sources.
We have no control over their content and accept no liability for any damage arising from their consultation.
5.6 What happens if the Site is interrupted?
We make every reasonable effort to ensure access to our Site, but cannot guarantee that it will operate without interruption or error. We cannot therefore be held responsible for temporary unavailability due to maintenance, updates or any other event beyond our control.
5.7. What information must you provide when using the Site?
When you access the Site, you undertake to provide accurate, complete and up-to-date information. You guarantee that you have the legal capacity to enter into a contract. If you represent an organisation, you declare that you are authorised to bind the organisation and to provide accurate data.
To find out more about how we handle the information you provide to us, please consult our privacy policy available on our Site: Privacy Policy – Acoustics Company.
5.8. Are you allowed to submit ideas or projects?
No. We do not accept unsolicited proposals (ideas, drawings, inventions, suggestions, etc.). Please do not send us any such content without our express prior consent.
5.9. How can you unsubscribe from our communications?
Our marketing messages include an unsubscribe link allowing you to unsubscribe at any time. You can also exercise this right by contacting us at the following address: [email protected].
6.1. How do I place an order?
Orders for products or services must be placed in writing:
Unless otherwise stated, our quotations are valid for thirty (30) calendar days from the date they are sent. After this period, in the absence of your written acceptance, the quotation will be considered null and void.
However, we reserve the right to amend (including the price) or withdraw a quotation or project report at any time prior to your written acceptance. In this case, a revised quotation will be sent to you for validation. No order will be confirmed without express agreement to the changes made.
The quotation and/or project report only concern the products and services expressly mentioned. Any additional request will be the subject of a new order or an amendment, and will give rise to specific invoicing.
It is your responsibility to check carefully the accuracy of the quotation, including the attached project reports, before any acceptance. Any order confirmation (signature, order form, email) will constitute full validation of the contents of the quotation.
6.2. How do I know if my order has been processed?
The order is only confirmed and considered definitive on the date on which we send you an acknowledgement of receipt or written confirmation specifying the essential elements of the contract:
It is your responsibility to check the accuracy of this information and to inform us immediately of any errors.
6.3. When is the contract concluded?
The contract is deemed to have been formed on the date of our written confirmation of the order.
6.4. Can I modify or cancel an order?
With the exception of the right of withdrawal applicable to consumers, orders may not be modified or cancelled without our express written agreement. In the case of personalised or custom-made products, no cancellations will be accepted once the order has been confirmed.
RIGHT OF WITHDRAWAL
In accordance with Articles L221-18 et seq. of the French Consumer Code, if you are a consumer, you have a period of 14 days from receipt of the goods or conclusion of the service contract to exercise your right of withdrawal, without having to give reasons for your decision or incur any costs other than those provided for by law.
All you have to do is send us an unambiguous statement expressing your wish to withdraw, before the 14-day period expires. You can use the standard form attached or any other written means.
We will reimburse all sums paid, including standard delivery costs, within 14 days of receipt of your decision to cancel. The refund may be deferred until the products have been recovered or until you have provided proof of dispatch.
You must return the products at your expense, in their original condition, complete, unused and in their original packaging, within 14 days of informing us of your decision to cancel.
By way of exception, the right of withdrawal does not apply in particular:
7.1. How are prices set?
Unless otherwise indicated, the prices of products and services are expressed in euros, inclusive of all taxes and exclusive of duties and shipping costs.
The applicable price is that in force on the date the order is placed, as indicated in our acknowledgement of receipt or order confirmation.
7.2. Can the price vary?
The applicable price is that in force on the day of the order, as indicated in the quotation or order confirmation.
In the event of an obvious error in the price displayed, particularly in the case of a derisory price that bears no relation to the real value of the product or service, we reserve the right to cancel the order, even after confirmation, provided that we inform you of this within a reasonable period of time.
This right of cancellation may only be exercised if the error was obvious to the average customer. In this case, you will receive a full refund of the sums paid, without any further compensation.
7.3. What methods of payment are accepted?
Payment terms are specified when the order is placed and may include the following methods:
No discount is granted for early payment.
7.4. What are the payment terms?
Unless otherwise stipulated, payments must be made in cash on the order date.
If deadlines are granted, they will be specified in the contractual documents.
7.5. What happens if payment is late?
If you are a non-professional or professional (B2B)
Any delay in payment shall automatically give rise to the application of late payment interest at the legal rate in force, as well as a fixed indemnity of 40 euros for collection costs, in accordance with article L441-10 of the French Commercial Code.
In the event of persistent non-payment, we reserve the right to suspend or cancel current deliveries.
If you are a consumer (B2C)
Any delay in payment may give rise to the application of interest on arrears calculated on the basis of the legal rate in force, from the date of the formal notice that has remained unanswered.
No fixed compensation for collection costs will be applied. However, we may suspend delivery until payment has been settled.
8.1. What are the delivery methods and locations?
Products can be delivered :
We can deliver in France or internationally, subject to logistical feasibility. Specific terms and conditions may apply to deliveries outside the European Union.
8.2. What are the delivery times?
Delivery times are given when the order is placed and are purely indicative.
Exceeding these times may not give rise to cancellation of the order or to damages, unless otherwise stipulated for consumers.
8.3. Are there any specific delivery arrangements?
8.3.1. Next day delivery
Next-day delivery is possible but not guaranteed before 5.30pm.
If you require delivery at a specific time, you will need to book and pay for a specialised transport service. Even in this case, no precise time can be guaranteed.
Delays may occur during busy periods or in the event of adverse weather conditions. We have no recourse against our third-party carrier for delays of 48 hours or less.
8.3.2. Delivery of pallets and boxes
Pallet deliveries only take place at kerbside. You must therefore provide the necessary equipment to unload the goods. You will be billed for any unloading delays that result in additional costs.
It is specified that deliveries are made to the address indicated when the order was placed. Any change of address must be notified in advance and may result in additional charges.
For deliveries of boxes to consumers, if no one is present, the carrier may leave the parcel in a safe place or make another attempt on its own terms.
Refused deliveries or unjustified no-shows will result in additional charges for re-shipments.
You are also required to inform us as soon as possible if the products are missing or not received.
8.4. What are the procedures for withdrawing products?
8.4.1. Picking up your items in person
You can collect the products directly from our designated collection point.
Withdrawals must be planned in advance and you will be informed when the products are ready.
It is your responsibility to ensure that the appropriate vehicles and equipment are used to remove the products.
8.4.2 Withdrawal by a third party
You can appoint a third party to collect the products for you.
In this case, you must provide written authorisation specifying the contact details of the third party so that the latter can collect the products.
It is also up to you and/or the designated third party to confirm the collection appointment in advance.
In the event of collection by a carrier appointed by you, the carrier must present your order number or ours. If they do not have this number, they will be refused delivery of the order.
8.4.3. Withdrawal times
Withdrawals are only permitted during our normal opening hours, which will be announced in advance.
Customers or third parties who arrive outside these hours may not be welcomed.
8.4.4. Product conformity
It is your responsibility to inspect the products at the time of collection to ensure that they meet the agreed specifications and are free from defects. Any problems should be reported immediately on collection.
8.4.5. Delays and uncollected products
If the products are not collected within the agreed time, storage charges may be applied.
Goods not collected after 30 days may be resold or disposed of at our discretion, without us being held responsible.
8.5. When is ownership of the products transferred to you?
Ownership of the products is transferred to you only after full payment of the agreed price, in principal and accessories. Until full payment has been made, the products remain our property, even if delivery has been made.
8.6. When are the risks transferred?
For consumers (B2C)
The transfer of risks occurs when the products are physically handed over to the customer or to a designated third party, in accordance with article L216-4 of the French Consumer Code.
For non-professional or professional customers (B2B)
Unless otherwise agreed, the risks are transferred when the products are handed over to the carrier, as soon as they leave our premises, or at the collection point.
For international sales, we apply Incoterms EX WORK.
8.7. What should I do if a product is damaged or missing?
You undertake to check the condition of the products on receipt.
In the event of damage or missing products, you must make clear reservations on the delivery note and inform us within 48 hours, accompanied by proof (photos, etc.).
9.1. What do installation services include?
We carry out installation services in accordance with the terms of the accepted quotation or validated project report. All work is carried out on the designated site, on the dates agreed in advance.
9.2. Can the conditions of performance change?
The work schedule is subject to contingencies (weather conditions, site access, availability of teams or suppliers).
In the event of a change in scope or unforeseen circumstances, you may be offered a written adjustment to the price and deadline.
Additional services will only be provided once you have placed a written order.
9.3. What are your obligations regarding the site?
It is up to you to prepare the installation site:
Access must be guaranteed during our business hours (8am-5pm, Monday to Friday).
Any delay in access or change of site involving additional costs or time may be subject to additional invoicing.
9.4. What about health and safety?
We comply with the regulations in force. However, it is your responsibility to inform us in advance of any special protocols or risks associated with the installation site. Failure to do so may result in the work being postponed or interrupted.
9.5. Is there a guarantee on the installation?
We guarantee that the work will be carried out in accordance with the rules of the trade, with care and skill. This guarantee relates solely to the installation service, to the exclusion of the products supplied, which are covered by the legal or commercial guarantees set out in Article 11 of these GCUV.
10.1. Do reverberation ratios have any contractual value?
Any reverberation reports provided are for general guidance only.
They have been drawn up on the basis of the information you provide and are not a substitute for a detailed acoustic assessment carried out by a qualified acoustician.
As we are not acousticians, we accept no responsibility for any errors, omissions or misinterpretations in these reports. If precise or critical acoustic performance is required, we strongly recommend that you seek the services of a qualified professional.
10.2. What tolerances apply to products?
Product manufacturing tolerances are specified in the technical data sheets available on request or when the order is placed.
These tolerances are determined according to standard conditions (temperature, humidity, etc.) and are provided for information purposes only.
Variations may exist in a real environment.
If you require specific tolerances, it is up to you to specify them clearly in your order or to request a personalised quotation.
Failing this, no guarantee can be given as to the accuracy of the dimensions or characteristics beyond the standard tolerances indicated.
11.1. What are my rights in the event of a product defect or malfunction?
All our products benefit from :
To exercise these warranties, you must notify us in writing of the non-conformity or hidden defect, together with any evidence that can be used to prove it (photos, explanation, etc.).
11.2. To what extent are we liable in the event of damage?
We are fully liable to consumers for the proper performance of the contract. Outside this framework, we may only be held liable in the event of proven fault.
If you are a non-professional or professional, apart from the mandatory legal guarantees, we cannot be held responsible for indirect damage, operating losses, loss of profit or any other financial loss. Our liability is in any event limited to the amount of the disputed order.
In addition, for non-professionals and professionals, the following exclusions apply, unless otherwise stipulated:
Advice and recommendations | Our advice, guidance and recommendations are given in good faith and on an indicative basis, based on the information available. You remain responsible for the final choice of products according to your needs. This clause does not limit our liability in the event of a breach of an essential legal or contractual obligation. |
Design and drawings | We do not provide design or engineering services. Any drawings or suggestions provided are intended to illustrate a proposal and must be validated by a qualified professional. We accept no responsibility for any misinterpretation or misuse of these documents. |
Installation and use of products | If we do not carry out the installation ourselves, we cannot be held responsible for any damage resulting from installation or use that does not comply with the regulations or instructions supplied. |
11.3. What happens in the event of force majeure?
Neither party may be held liable for a breach resulting from a case of force majeure within the meaning of article 1218 of the French Civil Code. The following in particular are considered to be cases of force majeure: natural disasters, industrial disputes, pandemics, failure of transport or energy networks, etc.
12.1. Is our content protected?
All items reproduced or used on our Site, or provided to you as part of the contract (in particular text, illustrations, logos, technical documents, plans, visuals, samples, etc.), are protected by copyright, trademark law or design law.
12.2. Can you use this content?
Without our express prior written authorisation, any reproduction, representation, use, adaptation or exploitation of our content, in whole or in part, is strictly prohibited. Any unauthorised use may result in civil and/or criminal proceedings on our part.
12.3. Do the creations made for you belong to you?
Intellectual property rights relating to specific creations made for you (plans, prototypes, visuals, etc.) are only transferred if expressly stipulated in writing. Otherwise, they remain our exclusive property.
12.4. Can you pass on to third parties the documents you have been given?
Any quotations, studies, project reports or other documents we send you are strictly confidential and may not be passed on to third parties, whether competitors or not, without prior written authorisation.
13.1. How is your personal data processed?
We undertake to process your personal data, as well as that of our prospective customers and users of our Website, in accordance with the applicable legislation, and in particular with Regulation (EU) 2016/679 of 27 April 2016 (RGPD) and the amended French Data Protection Act no. 78-17 of 6 January 1978.
13.2. What documents can you refer to to find out about your rights?
The processing of personal data is described in detail in our privacy policy, which is accessible on our Site.
The use of cookies and other tracers is governed by a separate cookie management policy, which is also available on our Site.
13.3. How to exercise your rights
You can exercise your rights or ask any questions relating to your personal data by contacting us at the following address: [email protected]
14.1. Which law applies to the CGUV?
Our CGUV are governed by French law, regardless of your country of residence or the place where you place your order.
14.2. What should I do if a dispute arises?
In the event of a dispute concerning the performance of the contract we have concluded together, you are invited to contact our customer service department in order to seek an amicable solution.
If no solution is found within a reasonable time and you are a consumer, you can have free recourse to a consumer mediation scheme, in accordance with articles L612-1 et seq. of the French Consumer Code.
You are of course free to accept or reject the solution proposed by the mediator. If mediation fails, the dispute may then be brought before the competent courts.
14.3. Which court has jurisdiction in the event of a dispute?
Professionals and non-professionals (B2B) | Any dispute relating to the interpretation, validity or performance of the CGUV will be referred to the competent courts within the jurisdiction of the Angers Court of Appeal. |
Consumers (B2C) | The consumer customer may choose to bring the matter before one of the courts having territorial jurisdiction under the Code of Civil Procedure or before the court for the place where he or she lived when the contract was concluded or when the harmful event occurred. |
APPENDIX – STANDARD WITHDRAWAL FORM
(for consumers)
In accordance with articles L221-18 et seq. of the French Consumer Code, you can use this form to exercise your right of withdrawal if you are a consumer.
To be sent to : THE ACOUSTICS COMPANY – Boulevard des Tourelles – 72800 LE LUDE – FRANCE – Tel. [email protected]
I hereby notify you of my withdrawal from the contract for the sale of the goods or provision of the services listed below:
ORDER / RECEIVED ON | |
YOUR NAME | |
YOUR ADDRESS | |
DATE | |
SIGNATURE (only if this form is sent on paper) |
This form must be completed and returned only if you wish to withdraw from the contract.
