Conditions of Sale - 3oaksmusic

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the site https://3oaksmusic.com to the consumer. This website, belonging to the company 3 OAKS MUSIC, is governed by French law. Conflict of law rules are expressly excluded in favor of the complete and unreserved application of French law. Foreign residents formally accept the application of French law by visiting this website and using all or part of the functionalities of this same site.

Entry into force – duration

These terms and conditions come into force at the time the purchase is made. These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until the extinction of the guarantees defined by these general conditions.

Electronic signature

The consumer’s “double click”, imposed by French law, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Order confirmation

Automatic recording systems are considered proof of the nature, content and date of the order. 3 OAKS MUSIC confirms acceptance of its order to the customer at the email address that the customer has communicated. 3 OAKS MUSIC reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The information provided by the buyer when taking the order binds the buyer: in the event of an error in the wording of the recipient’s contact details, the seller cannot be held responsible for the impossibility in which it may be to deliver the item. product.

Proof of the transaction

The computerized records, kept in the computer systems of 3 OAKS MUSIC under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of transaction reports and invoices is carried out on a reliable and durable medium that can be produced as proof.

Product information

3 OAKS MUSIC presents the products to download with the necessary characteristics so that the potential buyer can know before placing the final order the essential characteristics of the products he wishes to purchase or download for free.

Prices and Licenses

Prices are indicated in euros and are only valid on the date of order by the customer. All prices displayed on the site are inclusive of VAT (exempt from VAT).

The license sold at €0.99 is strictly reserved for personal use. Therefore, the Licensee may under no circumstances:

has. Resell the Music individually or as part of a package, except with the prior written consent of the Rights Holder.

b. Use the Music for commercial purposes, including for monetization on platforms such as YouTube, resale in the form of therapies in mp3 format, or any other use aimed at generating a profit.

6.1 Additional License for Commercial Uses

Any use of the Music for commercial purposes, such as resale, monetization on online platforms, or any other use aimed at generating profit, requires the acquisition of a specific additional license. The Rights Holder reserves the right to define the terms and conditions of this additional license, including the associated cost.

6.2. Non-compliance with the Clause

In the event of non-compliance with this Clause by the Personal Licensee, the Rights Holder reserves the right to take appropriate measures, including immediate termination of the license, legal action and demand for damages.

7. Payment method

To pay for their order, the customer has their choice of all the payment methods specified in the order form. The consumer guarantees 3 OAKS MUSIC that he has the authorizations possibly necessary to use the payment method chosen by him. The price invoiced to the customer is that indicated when ordering. The price of the products is payable in cash on the day of the actual order. The price is due whether the client actually uses the sound(s) or not, whether the client actually downloads the sound(s) or not. Payment is made by credit card or Paypal account in a secure environment or by bank transfer at the customer’s request. Payment is made directly to Paypal in a secure environment without going through the 3 OAKS MUSIC servers, guaranteeing the customer that their bank details are known only to our banking partners. All banking data does not pass through the seller’s system, who has no access to it and therefore cannot store it. The order validated by the customer will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order will be automatically canceled and the customer notified by email. Furthermore, 3 OAKS MUSIC reserves the right to refuse any order from a customer with whom there is a dispute. All sales must be paid in cash, except where applicable, for professional customers and according to terms to be agreed with 3 OAKS MUSIC. It is agreed that for sales or services carried out for professional customers, late payment penalties calculated at a rate equal to 3 times the legal interest rate in force on the day the invoice is due will be applied in the event of non-compliance. compliance with the payment date indicated on the invoice. These penalties will automatically be debited from the customer’s account. Furthermore, in accordance with articles L 441-6 and D 441-5 of the Commercial Code, any late payment automatically entails, in addition to late payment penalties, an obligation for the debtor to pay a fixed compensation of 40 euros for costs. recovery.

8. Service provision order

Any work ordered, whether distributed or not, entails the obligation of payment in full by the client. Any quote established by 3 OAKS MUSIC constitutes the special conditions modifying or supplementing these general conditions of sale. The signature of the quote by the customer, followed by the handwritten mention “Good for agreement” and/or “Read and approved” and/or the issuance of a purchase order constitutes agreement by the customer on the services mentioned in the quote. Any signed quote or purchase order sent is considered firm and final and cannot give rise to any cancellation. The signing of the quote follows the signing of a sales contract deemed to be concluded with a manager. If, during the work, the customer wishes to add a service to his initial order, a new quote will be established. More generally, 3 OAKS MUSIC reserves the right to invoice any canceled service based on the progress of the work and the costs incurred at the time of cancellation. Thus 3 OAKS MUSIC may charge 30% of the amount established on the quote for a cancellation 15 days before the performance or delivery date, 50% for a cancellation 8 days and 100% for a cancellation 4 days before the date of delivery. execution or delivery. In the event of failure to report the cancellation, any order canceled in fact will be due in full. Commissioned work means any production or service ordered by the client from 3 OAKS MUSIC or accepted by the client upon proposal from 3 OAKS MUSIC. The order can be made by signed quote, purchase order, agreement in the form of email. Any request for any modification of the original order can only be made in writing. It will authorize 3 OAKS MUSIC to invoice the modification of the service in addition to the initial offer and will allow it to extend the execution time if necessary.

9. Right of withdrawal In accordance with article L 121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a material medium whose execution has started after prior agreement expressly by the consumer and express waiver of his right of withdrawal. By accepting these General Conditions of Sale, the user or buyer accepts the execution of this contract and expressly waives his right of withdrawal

. 10. Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as fortuitous events or force majeure. The party affected by such circumstances will notify the other within ten business days of becoming aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

11. Information technology and freedoms

The information requested from the customer is necessary to process their order. Based on the information communicated during registration, the contracts relating to these General Conditions and the License to Use the files downloaded from the site are established. The communication of a valid identity and contact details engages the customer’s responsibility for the application of these contracts. They will not be communicated to third party companies. We take the necessary security measures to protect the data in our possession against accidental or deliberate manipulation, loss, destruction and against access by unauthorized persons. However, we cannot guarantee perfect security when exchanging data on the Internet: any action taken on your part is at your own risk.

12. Right of withdrawal of your personal data

You have the right at any time to correct or delete personal data recorded and stored within our company, under the conditions provided for by the law of January 6, 1978. This data can be modified by simple request by email. We invite you to consult our Privacy Policy to know and understand how we manage personal data.

13. Ownership and intellectual property

Unless otherwise stated, the general structure, as well as the texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the 3 OAKS MUSIC website as well as the content posted online are the property of 3 OAKS MUSIC. Any total or partial representation of this site by any means whatsoever, without the express authorization of 3 OAKS MUSIC, is prohibited and would constitute an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code. The same applies to the databases integrated into the website, which are protected by the provisions of the law of July 1, 1998 relating to the legal protection of databases and of which 3 OAKS MUSIC is the producer.

14. Limited Warranty

The services and audio files provided by the 3 OAKS MUSIC site are provided “as is”. The necessary checks have been made to deliver audio files free of errors and material defects under normal conditions of use and functioning in accordance with the indications contained in the site documentation. However, certain errors or defects may appear, particularly during downloading. 3 OAKS MUSIC’s sole liability and the customer’s sole remedy for breach of warranty is limited, for a period of 90 days from the date of purchase: (1) to the replacement of defective files or (2) to refund of the price paid for the purchase of these files. In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution as a priority with the company 3 OAKS MUSIC.

15. Exclusion of warranty

The services and audio files provided by the 3 OAKS MUSIC site are provided “as is”. The representative of 3 OAKS MUSIC disclaims all other express or implied warranties, other than those defined above, including in particular the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Without limiting the foregoing, 3 OAKS MUSIC Representative does not warrant that: (1) the downloaded files will be error free, (2) your use of the files will be uninterrupted or error free, (3) the audio files will meet your expectations, (4) the downloaded audio files will work with the hardware or software configuration of your choice.

16. Limits of liability

The liability of the 3 OAKS MUSIC representative towards you or towards any third party may in no case exceed the price you paid for the purchase of the audio files.

17. Exclusion of recourse

Without limiting the exclusions and limitations referred to above, the liability of the representative of 3 OAKS MUSIC will in no case be incurred towards the customer or towards any other person in the event of damage, whether material or immaterial. , bodily, indirect, special, secondary, punitive or consequential of any nature whatsoever, resulting from your use or your inability to use the audio files of 3 OAKS MUSIC (including in particular loss of profits, turnover , use of the software or any associated software or hardware, data or customers) even if these parties have been advised of the possibility of such damages. 3 OAKS MUSIC will make every effort to make the website accessible 24 hours a day, 7 days a week, but cannot under any circumstances be held liable in the event of service interruption linked to network or maintenance problems. 3 OAKS MUSIC makes every effort to offer users and simple visitors available and verified information and/or tools, but cannot be held responsible for errors, lack of availability of information and/or the presence of malware on its website.

18 Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

19. Update

3 OAKS MUSIC reserves the right to modify and update these conditions without notice. All of these modifications are binding on Internet users who must regularly consult these General Conditions.

20. Applicable law

This contract is subject to French law.

3 OAKS MUSIC invites users and simple visitors to the website to report possible omissions, errors or corrections, by sending an e-mail to the Webmaster of the website using the contact form.