General Terms and Conditions of Sale
The following conditions apply only to the sales of musical scores, books, recordings, CDs, videos, CD-Roms and accessories by POETICA VIVACE EDITIONS. These conditions only apply to online sales made via this website and exclude all other conditions of the company.
1 – Price
1.1 – The prices of our products are displayed in euros including all taxes. Prices do not include processing and delivery fees. Prices of books are determined in accordance with the strict application of The Lang 81-766 Law of the 10th August 1981.
1.2 – Products sent outside of metropolitan France are imported by the Customer. For all products sent outside of the EU and Overseas French Territories the invoice will automatically show the price before tax. Custom duties as well as other local tariffs and import duties may apply. POETICA VIVACE ÉDITIONS has no involvement with such tariffs and duties. It is the Customer’s responsibility to comply with regulations and pay such duties to the relevant bodies and authorities in the country where the products are sent in accordance with the regulations in that country. We advise you to source information from your local authorities on this matter.
Deliveries outside the EU will be subject to additional taxes to cover delivery costs to the country of destination. This additional cost will be calculated based on the weight of the order.
1.3 – POETICA VIVACE ÉDITIONS reserves the right to modify prices at any time but prices appearing on invoices will be those applying at the time that the order gets confirmed.
1.4 – Products are the property of POETICA VIVACE ÉDITIONS until payment is completed.
2 – Order
On Internet : www.poeticavivace.com.
You may also put an order in by email using the following address: info@poeticavivace.com or via the contact form on the website. Contractual information is presented in French and will appear at the latest when the Customers complete and confirm their order.
3 – Confirmation
The Customer confirms being aware and accepting the General Terms and Conditions of Sale before confirming an order. Confirmation thus means acceptance of these General Terms and Conditions.
The data recorded by POETICA VIVACE ÉDITIONS acts as proof of all aspects of the transactions made between POETICA VIVACE ÉDITIONS and its clients unless other proof can be presented.
4 – Availability
If visible on the website products are available as long as they are not out of stock and outside of special offers presented as such on the websites. In the event that the Customer’s chosen product turned out not to be available after confirmation of the order, the Customer would be notified by email and the order automatically cancelled. The Customer’s debit/credit card will not be debited. For information, payment is only effective at the time of shipment.
5 – Delivery
5.1 – General Terms
Products are sent to the delivery address provided during the ordering process.
Prices displayed are calculated for deliveries within the European Union.
When ordering several products at the same time and all are available POETICA VIVACE ÉDITIONS will send all products together and the Customer will only be charged once for handling and shipment fees.
Additional taxes may apply for deliveries outside the EU. These will be calculated based on the country of destination and weight of the order.
Payment is only effective once products have been shipped.
5.2 – Damaged Products
The Customer must notify the shipment company as well as POETICA VIVACE ÉDITIONS of any dissatisfaction with the state of the product delivered (for example: damaged or open packaging…). In accordance with clause 9 the Customer may be eligible for an exchange or refund.
Article 5 bis – Stock Guarantee
All products displayed on the website are guaranteed to be in stock. If stocks of a certain product are insufficient this product will be removed from the website. However, stocks can evolve rapidly and on very rare occasions it is possible to see a situation where a product that has been ordered on the website has been sold shortly before. If this situation occurs the Customer will be notified by email and have the possibility to cancel or confirm the order.
Article 6 – Payment
Payments are made by debit/credit cards mostly : Visa, MasterCard and other cards (Ecard, Paypal). Payment is effective only once the order has been shipped. To pay in any other way, please contact the company by phone or email.
Article 7 – Safety
Our website uses the PayPal system to secure online payments. All data in connection with payment cards is secure and processed by PayPal, not POETICA VIVACE ÉDITIONS. POETICA VIVACE ÉDITIONS does not access any data relative to card payments.
Article 8 – Cancellation / Product Returns
Cancellations can be made by email only : info@poeticavivace.com
8.1 – In accordance with current regulations customers may cancel their orders by contacting POETICA VIVACE ÉDITIONS within 14 working days from the day that products are shipped. When a cancellation occurs within this legal timeframe, the Customer is refunded with the price of the product(s) purchased and shipment fees only. Return fees remain for the Customer to pay and will not be refunded. The products returned must be in their original state and complete (packaging, accessories, instruction manual…) so that they can be sold again as new. The products returned should be sent back with a copy of the invoice for an optimum management of the process.
8.2 – Products Excluded from the Right to Cancel an Order
In accordance with current regulations, the right to cancel an order may not apply to cultural goods (DVDs, CD-Roms, recordings, videos, books) which have been unsealed by the Customer and are protected by Intellectual Property.
8.3 – Return Address
POETICA VIVACE EDITIONS 31, rue Carnot 93130 Noisy-le-Sec / France
Article 9 – Product Conformity
POETICA VIVACE ÉDITIONS is committed to refund the Customer or change a product that is faulty, damaged or does not correspond to the product that has been ordered. If this occurs, please contact the company and give details in writing as well as return the product(s). POETICA VIVACE ÉDITIONS will process the exchange of product(s). Return costs may only be reimbursed upon presentation of the original supporting documents. In any case, the Customer is protected by the legal guarantees regarding conformity and defects in accordance with current regulations, especially those detailed in annex 1. The right to cancel described in clause 8 remains available to the Customer regardless of the provision described here.
Article 10 – Refunds
Refunds that may apply in the circumstances described in clauses 8 and 9 will be processed as promptly as possible and no later than 30 days after the date that the right has been exercised by the Customer. POETICA VIVACE ÉDITIONS may offer the Customer to be reimbursed either by crediting the Customer’s bank account or by check paid to the order of the Customer using the billing address provided by the latter. The Customer may choose a different option of reimbursement than the one offered by POETICA VIVACE ÉDITIONS. Cash on Delivery will not be accepted under any circumstances.
Article 11 – Customer Service
For any query please contact : info@poeticavivace.com
Article 12 – Intellectual Property
12.1 – All texts, commentaries, books, illustrations, works and images reproduced or represented on the websites of POETICA VIVACE ÉDITIONS are strictly protected by copyright and fall under Intellectual Property for the whole world. In this respect and in accordance with the Intellectual property Act (code de la propriété intellectuelle) products sold by POETICA VIVACE ÉDITIONS are for private use only unless different arrangements (including more restrictive ones) have been made. The reproduction or representation whether partial or total of the POETICA VIVACE ÉDITIONS websites or of any element appearing in them are strictly forbidden.
12.2 – Some products such as software are subject to specific and personal usage rights regulating copies, public performances and rentals. The General Terms and Conditions of sale of these products must be adhered to. POETICA VIVACE ÉDITIONS cannot be held responsible for the ways in which these products might be used in this respect.
Article 13 – Liability
Products sold by POETICA VIVACE ÉDITIONS conform to French law. POETICA VIVACE ÉDITIONS cannot be liable for any breach of the regulations in the country where a product is shipped (for example if a product is subject to a ban…). It is the Customer’s responsibility to check with the local authorities how regulations on imports or usage may affect the products or services that they are considering ordering. Pictures are presented for illustration purposes. Please check the product description to find out about its specific features. POETICA VIVACE ÉDITIONS is only responsible for the content presented in the pages edited by the company. POETICA VIVACE ÉDITIONS cannot be liable for any harm of any sort resulting from a professional activity.
Article 14 – Governing Law – Disputes
This agreement is governed by French law. The language of this agreement is French. Should a dispute arise, it will be settled by a French Court.
Article 15 – Personal Data
The collection of personal data and information is required to process orders and manage commercial relations. Such data may be shared with the companies involved in these relations such as companies in charge of delivering and managing services in relation with the processing and payment of an order. Data is also kept for safety purposes and to fulfill legal requirements as well as to help the company improve and tailor the services that it offers to its customers and the information it provides them with.
In compliance with the 1978 French Data protection Law (loi informatique et libertés), customers have the right to access and modify the data held by a company about them as well as refuse any use of it. To do so, please get in touch by writing to the company at this address: info@poeticavivace.com or by post to POETICA VIVACE ÉDITIONS 31, rue Carnot 93130 Noisy-le-Sec, indicating your name, forenames, email address and your client’s reference number if possible. In accordance with the current regulations your request must be signed and you must provide a copy of your ID documentation showing your signature. You will need to provide the address where you wish the reply to be sent. The reply will be sent within 2 months from the date that the request is received.
Based on the choices that customers make when creating or accessing their account they may receive offers from the company as indicated at the time that the account is created. If at any stage you do not wish to receive such offers anymore, you can write to the company to notify them of your wish.
The company’s website does not use cookies.
ANNEX
Clause L211-4 Code de la consommation (Consumption Act)
The seller must deliver a good in conformity with the contract and answer for any defects visible at the time of delivery.
The seller must also answer for any defects caused by packaging when packaging has been carried out under the seller’s responsibility.
Note : Ruling 2005-136 2005-02-17 clause 5 : The dispositions of the present ruling apply to contracts agreed after its coming into force.
Clause L211-5 Code de la consommation (Consumption Act)
In order to conform to the contract, the good must:
1° be in a condition that allows for it to be used in a way that is usually expected for a similar product and, if the case arises:
– correspond to the description provided by the supplier and display the qualities and features presented to the customer by means of a sample or model.
– display the qualities that the customer could legitimately expect considering the claims made publicly by the supplier, the producer or their representative, particularly by means of advertising or labelling.
2° present the features agreed on by both parties or be fit for any special use that the customer was looking for and has discussed with the supplier, which the latter has confirmed.
Nota : Ruling 2005-136 2005-02-17 clause 5 : The dispositions of the present ruling apply to contracts agreed after its coming into force.
Clause L211-12 Code de la consommation (Consumption Act)
The action needed as a result of a lack of conformity of the good with the contract must be triggered within two years from the date that the good is delivered.
Nota : Ruling 2005-136 2005-02-17 clause 5 : The dispositions of the present ruling apply to contracts agreed after its coming into force.
Clause 1641 Code civil (French Civil Code)
The supplier is obliged to guarantee against hidden defects in the product sold that may cause it not to be able to perform the use for which it was destined, or reduce that use so much that the customer would not have bought it or would have paid less for it had the defects been known to him/her.
Clause 1648 1st paragraph Code civil (French Civil Code)
The action needed as a result of a defect must be triggered by the customer within two years from the date that the defect is discovered.
Online Dispute Resolution (ODR)
ODR (Online Dispute Resolution) platforms aim to provide an independent, impartial, out-of-court, transparent, effective, fair and rapid process to settle disputes resulting from the online sale of goods or services between different countries of the EU.
This objective should be met thanks to the creation of an EU wide ODR platform as well as rules for cooperation between the national bodies in charge of settling such disputes.