Scope. These general terms are strictly limited to the sale of the “MWM Products” (“Our Product” “Our Products” “MWM Product”; “product”; “products”): products branded MWM SAS (“MWM”) available for sale on our website mwm-store.com.
These general terms do not cover the services offered by MWM SAS or the applications developed and marketed by MWM SAS.
Objectives. MWM SAS is a company specialized in the development of music mobile applications and hardware product that aim to democratize musical creation to everyone. The MWM products are the exclusive property of MWM.
Article 1. Legal information
1. The website www.mwm-store.com, including its online sales area, is the property of MWM, a “société par actions simplifiée” (simplified joint stock company) with a capital of 1734 euros, having its principal place of business located 54/56 Avenue du Général Leclerc 92100 Boulogne Billancourt, France, registered with the Companies Register of Nanterre under number 513 627 299, EU VAT number FR 49 513627299.
2. MWM’s contact details are indicated below:
- Principal place of business: 54/56 Avenue du Général Leclerc 92100 Boulogne Billancourt, France
- Email address: firstname.lastname@example.org
3. MWM is a company specialized in the development of music mobile applications.
Article 2. Purpose
1. The purpose of these general terms is to set forth the general terms and conditions of sale of the MWM Products, offered for sale online by MWM on the site.
2. In particular, the terms set forth the rights and obligations of MWM and of the customer.
Article 3. Product catalog
1. MWM offers a specific version of the MWM Products on the date these general terms are posted online, but other versions of our products can be added to the catalog. The site offers a full description of the MWM Products and specifies its technical features, performance, and limitations of use.
2. MWM reserves the right to modify its product catalog, or add new products. In addition to these general terms, MWM reserves the right to apply specific terms and conditions for any version that will be brought to the customer’s knowledge.
Article 4. Enforceability
1. These general terms are business to consumer (“B to C”) terms, meaning that they apply between MWM and a “consumer” within the meaning of French law. If you are a business acting as a trader, we invite you to contact MWM to be provided with the general terms applying for business to business (“B to B”) relations.
2. In any case, where the customer is a trader, the contractual provisions applicable only to consumer customers will be considered non applicable to that business customer.
3. The obligations contained in these general terms shall apply only to customers who purchased the “MWM Products” on the MWM site. MWM shall have no obligation to a person who bought a second-hand “MWM Product” or used the “MWM Product” of a third party.
4. These general terms determine the rights and obligations of the parties and also contain all the provisions imposed by law for electronic sales.
5. MWM reserves the right to modify or amend these general terms at any time. These changes will have effect only on sales made after the new terms are posted online.
6. In any case, the version of the general terms binding on and enforceable against the customer is the one that the customer accepted when he confirmed his order.
7. The general terms can be accessed at any time in the online sales area. The customer can access the general terms that have been archived on request by sending an email to: email@example.com.
8. The online documents accepted when placing the order will prevail over any earlier paper versions.
Article 5. Product information
1. Pursuant to Article L.121-17 of the French Consumer Code, it is reminded that clear and comprehensible information regarding the “MWM Products” can be found online. In case of doubt, the customer is invited to contact MWM for any additional information or clarification. Thus, it is expressly agreed that the customer who orders a “MWM Products” is deemed to have taken note of this information, to have understood it and to have the necessary skills and knowledge for using it.
2. The essential characteristics, prices and delivery times of the “MWM Products” are available on the site. They are summarized in the shopping cart.
3. MWM takes the greatest care in providing online information before the order is placed, including information on the essential characteristics of the products sold on the site, their prices, the warranties and after-sales services, the means of payment, the terms of payment and delivery, the restrictions on delivery.
4. The photographs and other graphic illustrations of the MWM Products presented on the site are for illustration purposes only and have no contractual value. The customer is fully informed that the images, photos and colors may in particular differ from the actual colors because of the Internet browser and screen used.
5. The use of the product ordered can be subject to use and safety instructions. The customer undertakes to read and comply strictly with the instructions for use and safety recommendations contained in those documents, including those posted and updated on the site.
Article 6. Online order
1. Choice of the product. The customer chooses the products presented in real time on the site the day of the order.
3. The customer is solely responsible, and MWM cannot be held liable, for his acquisition of the product and the adequacy of the product with its intended use.
4. Unless otherwise stated by law, the customer’s total or partial inability to use the product, especially because of hardware incompatibility, cannot give rise to any compensation, refund or claim against MWM.
5. Acceptance of terms of sale. Any order implies full acceptance of these general terms via a checkbox.
6. The customer who wishes to place an order on the site agrees to first provide the information requested in the forms available online. The customer confirms that the information he provides is true and accurate.
The contracting procedure consists of the following steps:
- Step 1: Selection of the product version;
- Step 2: Access to the order details. During this step, the customer can check the details of the order and its total price, change, correct any errors or cancel the order;
Step 3: Identification of the customer;
Step 4: Choice of the billing and delivery address, method of delivery and method of payment;
Step 5: On the same screen, summary of the order and acceptance of the general terms before confirming the order. During this step, the customer can also check the details of the order and its total price, change, correct any errors or cancel the order;
Step 6: Payment of the order.
8. MWM acknowledges receipt of the customer’s order by immediately sending a confirmation email or displaying a confirmation page.
9. Orders will be taken into account only after payment is accepted. Any payment rejection will result in the abandonment of the order; the customer will be informed accordingly and the product will not be delivered.
10. MWM agrees to fulfill the orders received while stocks last and, in case of product unavailability, to inform the customer by any means chosen by MWM at its discretion; the customer will then be able to cancel the order and obtain the refund of any amounts already paid.
11. Storage and archiving. MWM will store the writing evidencing a customer’s order for an amount equal to or greater than one hundred twenty (120) euros for a period of ten (10) years from (i) the delivery corresponding to the order in case of products and (ii) the end of the performance of the services in case of services, and MWM guarantees that the customer can access it at any time during that period.
The contractual documents will be kept in electronic or paper format.
13. MWM will provide the customer access to the contractual documents stored on request as follows: request made by mail to: 54/56 Avenue du Général Leclerc 92100 Boulogne-Billancourt, France, or by email at: firstname.lastname@example.org.
Article 7. International order and importation
1. Unless otherwise provided by law, for international orders, the documentation accompanying certain products (including user guides and safety manuals) may not be available in the customer’s language. The customer is therefore responsible for checking before the order that he is able to understand the language used in the documentation of the product ordered.
2. The customer is further responsible for checking that the product ordered (including its packaging) complies with the norms and standards and local regulations in the country of delivery. MWM will not be liable for delays and/or losses and/or responsibilities arising out of or in connection with the non-compliance of the product with local regulations.
3. In addition, the customer agrees to comply with all laws and regulations in force in the country of delivery of the product. In this respect, it is his responsibility to ensure that the import of the product ordered is authorized in the country he indicated for delivery. MWM takes no responsibility for any damage, loss or liability that could be suffered as a result.
Article 8. Delivery
1. Delivery will be made, at the customer’s choice, according to various methods indicated on the site. The various fees and terms of delivery are presented on the site.
2. The order will be delivered on the date or within the period specified to the customer based on the terms of delivery chosen by him among the different solutions available. Failing that, the order will be delivered at the latest within 30 days of the date on which the customer placed his order.
3. The products are delivered to the address specified by the customer on the order interface of the site. The customer is however informed that the products ordered on the site can only be delivered in the following countries: every country in the world except Turkmenistan.
4. Delivery implies the transfer to the customer of the physical possession or control of the product ordered.
5. Any risk of loss of or damage to the products passes to the customer when he or a third party other than the carrier proposed by MWM and indicated by him, acquires the physical possession of these products.
6. If the customer chooses to entrust the delivery of the product to a carrier other than the one proposed by MWM, the customer is informed that the risk of product loss or damage will be transferred to him upon delivery of the product to the carrier.
7. In any case, and regardless of the delivery method chosen, the customer must refuse the delivery of a spoiled or damaged package. If he accepts the package, the customer will be deemed to have inspected the condition and contents of the package.
Article 9. Price
1. The prices for the ordered products offered on the site are indicated in the online sale area dedicated to this purpose, in the product data sheet of every product offered for sale online.
2. Prices are quoted in euro and are inclusive of taxes.
3. They are only valid for the period during which they are accessible electronically in real time in the sales area for the product offered for sale online.
4. They are subject to change depending on several criteria, including in case of commercial operations. “Commercial” operations have a specific validity period and cannot apply retroactively or after the end of their validity period even if the advertising is still available online for reasons unrelated to MWM.
5. The value of the transaction will necessarily be that applying at the date and time when the customer places the order and the customer acknowledges and agrees that he will have no recourse if the price is increased or reduced after the order is placed.
6. The prices displayed include the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the prices of products offered for sale.