Terms and conditions of use and purchase

ARTICLE 1 - PRICING

1.1 - Currency and tariff
The prices of all products mentioned on our web site include all taxes and do not include processing and shipping fees (see art. 5.3 Delivery ; period and costs).
All orders, whatever their origin, should be paid in euro.
DJOLIBA reserves the right to modify any product price at any time ; the only valid price being the price mentioned in the catalogue on the day the order was made.

1.2 - Property clause
Any product remains DJOLIBA's property until its payment was duly cashed by DJOLIBA.


ARTICLE 2 - ORDER METHODS

Orders are made through DJOLIBA's « eboutik », i.e. its online shop and are paid by credit card, banking transfert or paypal.

For further information on orders, please contact us by sending an email to commandes@djoliba.com

DJOLIBA reserves the right to cancel any order coming from a client involved in a dispute with DJOLIBA about the payment of a previous order.


ARTICLE 3 - VALIDATION

By clicking on the "submit" button at the end of the ordering process, you declare that you accept the order and agree with all the present terms and conditions of use, without exceptions. The data registered by DJOLIBA constitute the legal evidence of all the transactions occurred between DJOLIBA and its clients.


ARTICLE 4 - AVAILABILITY

The content of our catalogue in terms of products and prices is valid as long as it is displayed on our website, subject to stock availability. Product availability is an information given to the client when he/she adds this product to his "cart".
Products that we do not store in our premises are subject to stock availability of our suppliers (see art. 5.3 Delivery; period and costs).

In case of product unavailability occurring after your order was made, we will keep you informed by email, post mail or phone-call as quickly as possible.
You are then entitled to cancel or replace your order, which you can do immediately in reply to our notice, by post mail, email or phone-call.

In case of partial or total unavailability of (a) product(s), and when the customer has chosen to pay by cheque, DJOLIBA shall give a partial or total refund to the client either by bank transfer onto the customer's account or by cheque within a maximum delay of 30 days after payment by the client.


ARTICLE 5 - DELIVERY

5.1 - General points
To date, all products for sale in the online shop section of djoliba.com are delivered all over the world according to the carrier's capacities (http://www.laposte.fr/E-commercant/Faire-livrer-vos-produits/Dans-le-monde/Colissimo-Expert-International).
Products are delivered at the address that the customer has mentioned in the online order process. Our delivery times are mentioned below, in the 5.3 paragraph (periods and costs); these are average figures and are the result of treatment and shipping periods. The time may be longer in specific cases, such as products requiring specific shipping processes or temporary unavailability.
DJOLIBA is not liable for the possible consequences of a delivery delay.
Any order that should remain unshipped after a 30-day period, starting from the day of the order, shall be cancelled, unless specific delivery schedule is mentioned in the product presentation.
In case of unusual lateness, we will give you notice of its particular cause by e-mail or any other means of communication as quickly as possible.

5.2 - Delivery Trouble
Any problem noticed by the customer on delivery (damage, product partially missing or not matching the delivery slip...) must be mentioned in detail on the delivery slip (as "Handwritten reservations") and signed by the customer. In the case of a product delivered by LaPoste (French post service), if the parcel should reach the customer unfastened or damaged, the customer must report the fact to the post office he/she depends on, so that LaPoste can establish a "Declaration of spoliation" (170 form) and DJOLIBA can have an investigation launched.
The customer also has the obligation of reporting this anomaly in a letter that shall be sent by registered post within two (2) days to the freight company. A copy of this letter shall be sent simultaneously (along with the original "Declaration of spoliation") by post mail to: DJOLIBA, 18 bis boulevard Riquet 31000 TOULOUSE, France.
No claim that should reach us after the legal period will be treated.

According to the regulation of the RDPR, please note that DJOLIBA must transmit your personal data (name, address, contacts) to its partners in case of dropshipping so that they can organize and process the delivery of your order. By validating your order and our terms and conditions of use and purchase, you give DJOLIBA the authorization to communicate your personal data to his partners.

5.3 - Period and cost
Our processing and delivery times are :

- Processing time for any order: two (2) workdays
- Delivery time: see delivery times in the Terms & Conditions of Use documentation of our service providers, Colissimo Expert ; they partially depend on the actual, precise address of delivery (2 to 3 workdays for France Metropolitan)
The delivery fee mentioned to the client when he/she makes an order covers the processing of the order, packing and shipping costs (depending on the service provider chosen by the customer).

In case of returned products, though, if the client uses his/her withdrawal right (see Art. 8, "client satisfaction"), the product(s) should be sent back at the client's expense and risks. Transport shall then be billed and deducted from the refundable sum.


ARTICLE 6 - PAYMENT METHOD

Your purchase(s) can be paid :

- By credit card: CB, VISA and MASTERCARD :
The payment will be processed via the secured device provided by SOCIETE GENERALE, which uses the SSL (Secure socket Layer) protocol. All data are guaranteed to be encrypted before being transferred, so that no third party can have access to them.
The client's account is debited on the day following the transaction.

- Spread payment
For all order summing 100 euros (tax inclusive) or more, individual customers may choose our "3 fois sans frais" spread payment programme: three payments without extra fee.
The order will be confirmed after a first 50% payment; then a second payment of 25% of the total sum will be collected thirty (30) days after the first one. The remaining 25% will be cashed sixty (60) days after the order.

- By cheque (for french customers only):
cashable in France, payable to DJOLIBA, sent to :
DJOLIBA, Boutique WEB - 18 bis boulevard Riquet 31000 TOULOUSE - FRANCE.
The order will be processed after the cheque is cashed by our bank. Consequently, an eight (8)-workday delay is to be expected for your order to be processed.
Any order shall be cancelled if the customer's cheque has not reached us within 10 days.

- Via Paypal :
Paypal offers an online, secured, payment service that enables you to purchase a number of products online without giving your bank details to a third party. It is a simple, free service that only requires a valid email address and not necessarily a paypal account.
In order to pay via paypal, you must first follow the normal order process.

ARTICLE 7 - SECURISATION

Our website features a data transfer security system.
We have adopted the SSL encoding device offered by SOCIETE GENERALE, as part of the SOGENACTIF electronic commerce contract, which guarantees total confidentiality for your personal information as a client.

DJOLIBA may not be liable for any malfunctioning due to a technical problem that should occur on the side of the bank (Société Générale).


ARTICLE 8 - CLIENT SATISFACTION

8.1 - Withdrawal deadline
In accordance with the French law (Consumption, article L121-16) and the rules of electronic commerce, the client is entitled to renounce any purchase within 14 days, starting from the day of delivery and shall be reimbursed in exchange for the return of the product(s). Products must be sent back in their original condition and packing, at the client's expense and risk. All return shall be previously noticed to DJOLIBA's Customer Service by sending an e-mail to commandes@djoliba.com. The client will be sent a reply e-mail, giving him/her a file number. No product returned without this file number shall be accepted by Djoliba.

8.2 - Refund
In case the client renounces the purchase of (a) product(s), DJOLIBA commits itself to repay the client within 14 days.
The repayment shall occur either by bank transfer or by cheque made out to the client who placed the original order, at the invoice address.

In case of complaint, the client shall give his/her address and other contact details, invoice number, the product(s)'s reference number(s) appearing on the invoice and the reasons of his/her dissatisfaction. No claim for refund shall be fulfilled unless the product(s) is(are) returned in its(their) original state and packing (including all extra material, accessories, manual etc.), with a copy of the original invoice.
Incomplete or damaged products shall not be paid back.

8.3 - Product return agreement
Any return of product is subject to a formal agreement between the seller and the buyer (see procedure, art. 8.1). Taking back a product means that the seller recognises that the delivered product has at least one obvious defect or does not match the client's order. In that case, the client is entitled to a free replacement of the product or a part exchange, but not to damage compensations of any kind. All products must be returned in their original packing within 48 hours after the time of delivery. In some cases, subject to the seller's agreement, photos showing obvious defects, instead of the product itself, might be sent within 48 hours too.
Product returns shall be made out to :
DJOLIBA - Eboutik, 18 bis boulevard Pierre Paul Riquet 31000 TOULOUSE - FRANCE.


8.4 - Exceptions
The client's right to return (a) product(s) does not apply either to audio/video material unpacked by the client, nor to services that DJOLIBA have started to perform before the end of the 7 days period mentioned above.


8.5 - Refusals
No cash with order (payment on delivery) shall be made in any circumstances.


ARTICLE 9 - CUSTOMER SERVICE

For further information, please contact our customer service at :
ServiceClient@djoliba.com


ARTICLE 10 - INTELLECTUAL PROPERTY

10.1 All rights (copyright etc.) on texts, comments, works, graphics and pictures displayed on http://djoliba.com strictly reserved in all countries of the world.

In accordance with the Law of Intellectual Property, the use of any of this material shall remain strictly private, unless it is specifically submitted to different conditions, including more restrictive, described in specific articles of the Law of Intellectual Property. Any other use constitutes a case of forgery and is punished on behalf of Intellectual Property, unless it was previously allowed by DJOLIBA. The complete or partial reproduction of DJOLIBA's catalogue is strictly forbidden.


ARTICLE 11 - LIABILITY

The products offered are in complete accordance with the French Law in force and applying standards. Photographs, texts, graphics, or any other material presented on the website as descriptions of products are not contractual. Therefore, DJOLIBA can not be held responsible for mistakes or omissions that the client might notice in these photographs, texts, graphics, or any other material, in the event of changes of the product's characteristics made by the supplier. It is strongly advised to the client to contact DJOLIBA and get as much information as possible on the products by exchanging e-mails with this address: ServiceClient@djoliba.com

Djoliba should not be held responsible for not meeting an order in case of stock shortage; product unavailability; force majeure; partial or complete strike of post-, shipping-, communication service provider(s); flooding; fire. Djoliba may not be liable for indirect damages in the case of: loss of sales, loss of profit, bad luck, damage or expense, that might occur because of product purchase.
We remind the customer that it is recommended save all data included in the purchase. DJOLIBA may not be liable for any loss of data, file damage or any damage described in the previous paragraph. Partial or total impossibility to use a product because of material incompatibility should not either give right to any refund or compensation, nor involve DJOLIBA's responsibility. Hypertext links may give access to other websites than http://djoliba.com.
DJOLIBA should not in any way be held responsible for any violation of law and regulations in effect.
The features of our products make them compatible with professional performance, although DJOLIBA's purpose is not specifically to supply professionals with suitable products. DJOLIBA should, therefore, in no case be held responsible for any prejudice occured on the occasion of a professional performance.


ARTICLE 12 - ENFORCEABLE LAW - DISPUTE

The present General Sales Conditions are subjected to the French Law.

All requests and complaints shall be received kindly and with attention, as any customer willing to explain the situation/problem clearly is, in principle, considered honest. In case of persistent disagreement, the dispute shall be brought before the competent Court in Toulouse (France).


ARTICLE 13 - PERSONAL INFORMATION

DJOLIBA commits itself not to disclose any information given by the customer to any third party. This information is confidential. It shall only be used by DJOLIBA's in-house services to process your order(s) and improve the range of services (products, cultural offer, communication) offered to percussions.org's clients, especially through its newsletter. Our website is designed to become more and more adapted to our clients' needs and requests. This is the main reason why we use cookies, which inform us about your visits and help us improve our service in a personalized way.


ARTICLE 14 - COMPUTER-PROCESSED DATA and individual rights.

In accordance with the French "Informatique & Libertés" Law (Data Protection Act), every person may have free access to all the information concerning him and require that the data be corrected (if they are wrong). You may enjoy this right by giving us formal notice by electronic or post mail, mentionning your name, first name, address and, if possible, your customer number. Plend send your mail to :
ServiceClient@djoliba.com
Post address : DJOLIBA 18 bis boulevard Riquet - 31000 TOULOUSE - FRANCE.

The user should know that the electronic processing of personal information by DJOLIBA has been registered at the CNIL (national commission for data processing and personal rights) under the number 1100243.