Terms and Conditions of Sale

PREAMBLE

These General Terms and Conditions of Sale, hereinafter referred to as "GTC", govern sales made by LA BAGUETTERIE on the website www.baguetterie.fr.

They apply equally to consumers and professional clients. Certain provisions apply exclusively to consumers or, conversely, to professionals. These provisions are expressly identified in these GTC.

A "consumer" is considered to be any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity.

A "professional" is considered to be any natural or legal person acting for purposes falling within the scope of their professional activity.

Placing an order implies full and unreserved acceptance of these GTC. The applicable GTC are those accepted by the Customer at the time the order is placed.

1. PRODUCTS AND PRE-CONTRACTUAL INFORMATION

La Baguetterie commercializes musical instruments, acoustic and electronic drum kits, percussions, cymbals, accessories, spare parts, electronic equipment, consumables, and second-hand equipment, among others.

The essential characteristics of the Products are presented on their product sheets. La Baguetterie takes the utmost care in their presentation.

Photographs, illustrations, and graphic representations are for illustrative purposes and may present slight differences with the delivered Product, notably due to color display on screens, natural differences in materials, or minor modifications made by manufacturers. However, these differences cannot alter the essential characteristics of the Product.

Technical information provided by manufacturers may evolve when manufacturers modify their products.

The Customer is invited to review the characteristics of the Product before placing any order and remains responsible for choosing a Product that corresponds to their needs, subject to the Seller's legal information and advisory obligations.

2. NEW PRODUCTS AND SECOND-HAND PRODUCTS

La Baguetterie sells both new Products and second-hand Products.

When a Product is sold as second-hand, this condition is clearly indicated on its product sheet.

Second-hand Products may exhibit signs of use, marks, scratches, cosmetic defects, or signs of wear consistent with their age and prior use. Their characteristics, condition, and significant peculiarities are described, to the extent possible, on their product sheet and/or presented via photographs.

Particular characteristics or defects expressly brought to the Customer's attention prior to purchase and accepted by the Customer cannot, in themselves, constitute a lack of conformity.

Second-hand Products sold to consumers benefit from applicable legal guarantees.

When purchased remotely by a consumer, second-hand Products benefit from a total return period of fifteen (15) days from receipt. The first fourteen days correspond to the legal right of withdrawal, and the fifteenth day constitutes an additional day granted commercially by La Baguetterie.

3. PRICING

Product prices are indicated in euros.

For consumers to whom VAT is applicable, prices are displayed inclusive of all taxes (TTC), unless otherwise indicated justified by the destination of the order.

Delivery costs are not included in the Product price unless stated otherwise. Their amount is indicated before final validation of the order.

The total price to be paid is communicated to the Customer before they confirm their order.

La Baguetterie may modify its prices at any time. The applicable price is the one displayed and accepted at the time of the order, subject to the correction of a manifest pricing error.

In the presence of a manifest error making the price derisory or blatantly inconsistent with the real value of the Product, La Baguetterie may contact the Customer to offer them the option of confirming the order at the correct price or canceling it with a full refund of any sums paid.

Prices offered on the Site may differ from those offered in physical stores, notably due to commercial operations specific to each distribution channel.

4. PRICE MATCHING

La Baguetterie may offer a price matching service on certain competing offers.

Price matching may be granted for a strictly identical Product, available under comparable conditions, taking into account in particular delivery costs, associated services, guarantee conditions, and the actual availability of the Product.

The competing offer must be verifiable at the time of the request.

Except for specific operations, promotional offers, flash sales, sales, liquidations, pricing errors, and offers from marketplaces or sellers outside the authorized distribution network may be excluded from matching.

Acceptance of a price matching request remains subject to the conditions of the commercial offer in effect at the time of the request.

5. ORDERING

The Customer selects the Products they wish to order and adds them to their cart.

Before validation, they can check the details of their order, its total price, and correct any errors.

Final validation of the order entails an obligation of payment.

The Customer must provide accurate and complete information enabling notably the processing, invoicing, and delivery of their order.

La Baguetterie sends the Customer an order confirmation on a durable medium, generally by email.

The sale is concluded subject to product availability, payment validation, and, where applicable, fraud prevention controls.

La Baguetterie may refuse or cancel an order for a legitimate reason, notably in the event of fraud or attempted fraud, payment incident, manifestly erroneous information, abnormal order, or prior dispute relating to the payment of an order.

In the event of cancellation by La Baguetterie of an already paid order, the corresponding sums will be refunded.

6. PRODUCT AVAILABILITY

The availability indicated on the Site corresponds to information known to La Baguetterie at the time of consultation.

"IN STOCK" Product: this mention means that the Product is available in La Baguetterie's warehouses at the time this information is updated, subject to simultaneous orders and potential inventory errors.

"AVAILABLE" Product: this mention may designate a Product available from a supplier, manufacturer, or distributor and which may require restocking before shipment. The displayed delivery timeframe is then an estimate established based on information communicated to La Baguetterie.

When a delivery timeframe is expressly agreed upon during the order, La Baguetterie undertakes to respect it under the conditions provided by applicable regulations.

If a Product becomes unavailable after the order, La Baguetterie will inform the Customer as soon as possible and may offer them to wait for restocking, an equivalent Product, a modification of the order, or a refund for the unavailable Product. The Customer remains free to refuse a replacement Product.

7. CUSTOMIZED PRODUCTS

Certain Products offered online may be made according to the Customer's specifications or clearly personalized.

In accordance with Article L.221-28 of the French Consumer Code, the legal right of withdrawal cannot be exercised, notably, for goods made to the consumer's specifications or clearly personalized.

Depending on the characteristics of the order, this category may include: personalized drum heads, personalized or engraved drumsticks, Products printed with a name, text, logo, photograph, or graphic chosen by the Customer, and Products custom-manufactured according to the Customer's specific requirements.

The mere sourcing from a supplier of a standard Product usually appearing in the catalog does not, in itself, constitute personalization that excludes the right of withdrawal.

8. PAYMENT

The payment methods effectively available are indicated to the Customer during the ordering process.

Depending on the destination, amount, and nature of the order, available methods may include: bank card, payment in installments via Alma, PayPal, check, bank transfer, administrative purchase order, gift voucher, or La Baguetterie shopping voucher.

Certain payment solutions are subject to the specific terms of the provider concerned.

Bank card: accepted cards are indicated during payment. The Customer guarantees that they are authorized to use the selected payment method. Bank details are processed by secure payment providers used by La Baguetterie.

Payment in installments: when offered, installment payment is provided by the partner indicated during the order, notably Alma. Eligibility conditions, installments, amount limits, and any restrictions are presented to the Customer before validation.
• Please note! Credit commits you and must be repaid.
• For a 400 € purchase paid in 4 installments: 100 € down payment, followed by 3 monthly payments of 100 €. 300 € credit at a fixed borrowing rate of 0% over 3 months. Cost of credit 0 €. Total amount due 400 €. APR 0%. The cost of the credit is borne by the brand.
• Subject to acceptance by Alma SAS (almapay.com), a financing company approved by the ACPR (CIB code: 17408). RCS Nanterre 839100575. Contact: support@almapay.com

PayPal: when PayPal is offered, the Customer is redirected to PayPal's secure service and is subject to the corresponding terms of use.

Check: when this payment method is available, order processing may be deferred until actual cashing of the check. Depending on the amount or nature of the order, La Baguetterie may wait for final confirmation of cashing before shipment. The order number must be written on the back of the check.

Bank transfer: orders paid by transfer are processed after actual receipt of funds. Bank details necessary for payment are communicated to the Customer during the order or upon request. The order number must be indicated in the transfer reference.

Administrative orders: public institutions may use an administrative purchase order when this option is offered to them. Invoicing may notably be transmitted via Chorus Pro in accordance with applicable rules.

9. PAYMENT DELAY OR DEFAULT - PROFESSIONAL CLIENTS

Unless special conditions are agreed in writing, invoices issued to professional clients are payable by the due date indicated on the invoice.

Any payment delay entails by right the application of late payment penalties in accordance with the provisions of the French Commercial Code and the mentions appearing on the invoice or applicable special conditions.

Any professional client in a situation of payment delay is also liable by right for the legal flat-rate recovery fee of 40 euros, without prejudice to additional compensation when the recovery costs actually incurred are higher.

La Baguetterie may suspend the execution of ongoing orders in the event of unpaid invoices or a serious and legitimate risk of non-payment.

10. RETENTION OF TITLE

Products remain the property of La Baguetterie until full payment of their price, including fees and taxes.

For sales concluded with a consumer, the transfer of risks takes place in accordance with applicable legal provisions, notably when the consumer or a third party designated by them takes physical possession of the goods, barring special cases provided by law.

For professional Clients, the rules regarding risk transfer may be specified in the special conditions of the order.

11. DELIVERY

Products are delivered to the address indicated by the Customer when placing the order. The Customer must verify the accuracy and completeness of this address.

Delivery methods, available carriers, and applicable rates are presented to the Customer before order validation.

Depending on the destination, weight, value, or volume of the Products, La Baguetterie may use Mondial Relay, Colissimo, DPD, Geodis, or any other appropriate carrier.

For particularly heavy or bulky Products, La Baguetterie may select a suitable specialized carrier.

When a delivery initially requested at a pickup point is impossible due to the weight or volume of the Product, La Baguetterie will contact the Customer to arrange an alternative delivery method.

12. DELIVERY TIMEFRAMES

The applicable delivery timeframe or date is indicated to the Customer before the conclusion of the order when required by regulations.

Transit times indicated after shipment are estimates provided by carriers and do not merge with the contractual delivery timeframe when such a timeframe has been agreed.

For consumers, in the absence of an agreed date or delivery timeframe, delivery takes place within the timeframe provided by applicable legislation.

In the event of delayed delivery, the consumer benefits from the rights provided by the French Consumer Code, notably the possibility, under legal conditions, to enjoin La Baguetterie to perform delivery within an additional reasonable timeframe and then, failing execution, to terminate the contract.

In situations provided by law, notably when La Baguetterie refuses to deliver or when the agreed date constitutes an essential condition of the contract, the consumer may benefit from an immediate right of termination.

13. INTERNATIONAL DELIVERY - TAXES AND CUSTOMS

La Baguetterie can deliver to the countries and territories offered during the order.

European Union: for distance sales to consumers located in the European Union, the applicable VAT is determined in accordance with French and European tax rules in force, notably depending on the country of destination. The applicable VAT-inclusive amount is communicated to the Customer before order validation.

Outside the European Union and territories subject to a special customs regime: for orders shipped outside the applicable tax territory of the European Union, Products may be invoiced tax-free when the legal exemption conditions are met.

Upon importation, the order may be subject to customs duties, local taxes, customs clearance fees, or other levies required by the authorities of the destination country. Unless expressly stated otherwise during the order, these sums are not collected by La Baguetterie and remain the responsibility of the recipient.

The Customer is advised to inquire with the competent authorities of their country before placing an order.

Certain regulatory or customs restrictions may prevent the shipment of certain Products to certain countries. La Baguetterie may refuse a shipment when it is prohibited or made impossible by applicable regulations.

14. RECEPTION AND TRANSPORT

The Customer is invited to check the apparent condition of the package upon receipt.

In the presence of a visibly damaged, opened, or deteriorated package, it is strongly recommended to make precise reservations with the carrier and quickly inform La Baguetterie.

The Customer is also advised to keep packaging and take photographs of the package and Product when this can facilitate claim processing. These precautions facilitate La Baguetterie's recourse against the carrier.

For consumers, the absence of reservations upon delivery does not deprive the consumer of their legal rights regarding La Baguetterie and does not exempt La Baguetterie from the guarantees for which it is legally liable.

When transport is organized by La Baguetterie, the latter remains responsible toward the consumer for the proper execution of delivery under the conditions provided by law.

15. DELIVERY ERROR OR NON-CONFORMING PRODUCT

In the event of an error attributable to La Baguetterie, notably when a Product different from the one ordered is delivered, the Customer must contact customer service as soon as possible.

La Baguetterie will then organize, depending on the situation, the return of the Product at its expense as well as the shipment of the correct Product, or proceed with a refund when replacement is not possible or when applicable regulations so provide.

For heavy or bulky Products, La Baguetterie may directly organize pickup by a carrier.

16. LEGAL RIGHT OF WITHDRAWAL - CONSUMERS

The provisions of this article apply exclusively to consumers legally benefiting from a right of withdrawal.

For new Products purchased remotely, the consumer legally has a period of fourteen (14) days to exercise their right of withdrawal without having to justify their decision.

Additionally, for eligible new Products, La Baguetterie grants a commercial guarantee allowing a return request up to thirty (30) days from receipt, under the conditions specified in the "Satisfied or Refunded - 30 Days" article.

For second-hand Products purchased remotely, La Baguetterie grants a total period of fifteen (15) days from receipt to notify the decision to return. The first fourteen days correspond to the legal right of withdrawal. The fifteenth day constitutes an additional day granted commercially by La Baguetterie.

The legal period runs from receipt of the Product by the consumer or by a third party other than the carrier designated by them. In the case of an order for multiple goods delivered separately, or a good composed of multiple lots or parts whose delivery is staggered, the starting point is determined in accordance with legal provisions.

To exercise their right, the consumer must inform La Baguetterie before the expiration of the applicable period:

• by email to contact@baguetterie.fr;
• using the model withdrawal form provided at the end of these GTC;
• or by any other unambiguous statement clearly expressing their wish to withdraw.

The Customer is invited to indicate their name, order number, and the concerned Product(s) to allow prompt processing of the file.

La Baguetterie may communicate a return number or reference to the Customer to facilitate package identification. However, obtaining this number beforehand is not a condition for exercising the legal right of withdrawal.

17. RETURN AFTER WITHDRAWAL

After notifying their decision to withdraw, the consumer must return the Product no later than fourteen (14) days following the communication of their decision within the framework of the legal right of withdrawal, unless La Baguetterie offers to collect the Product itself.

Except for errors by La Baguetterie, lack of conformity, coverage under a legal guarantee, or contrary agreement, the direct return costs resulting from withdrawal or a change of mind are borne by the Customer.

The Customer must take reasonably necessary precautions to protect the Products during transport. La Baguetterie recommends using suitable packaging, adequately protecting the Product and its original packaging, and choosing a shipping method that allows package tracking.

For Products which, due to their weight, dimensions, or nature, cannot normally be returned by post, return procedures can be determined with customer service. Information regarding the direct cost of return is communicated in accordance with applicable legal requirements.

18. CONDITION OF RETURNED PRODUCTS

Within the framework of the legal right of withdrawal, the consumer is authorized to handle and inspect the Product to the extent necessary to establish its nature, characteristics, and proper functioning.

They are liable for any depreciation of the Product resulting from handling other than what is necessary to establish these checks.

The Product must, to the extent possible, be returned with the accessories, manuals, and items that accompanied it upon delivery.

Opening or deteriorating the original packaging cannot, in itself, lead to the loss of the legal right of withdrawal.

On the other hand, when the use of the Product, its deterioration, the absence of an accessory, or any other excessive handling leads to real depreciation of the Product, La Baguetterie may take this depreciation into account in the refunded amount, within the limits authorized by law.

19. REFUND AFTER WITHDRAWAL

When the legal right of withdrawal is validly exercised, La Baguetterie refunds the sums due to the consumer no later than fourteen (14) days from the date on which it is informed of their decision to withdraw.

For sales of goods, La Baguetterie may defer the refund until recovery of the Product or until the consumer provides proof of shipment of the Product, whichever is earlier.

The refund includes the price of the Product as well as the initial delivery costs corresponding to the standard delivery method offered by La Baguetterie.

When the consumer has chosen an initial delivery method more expensive than the standard method offered, the corresponding supplement is not refunded.

Return costs remain the responsibility of the consumer in the event of a change of mind, unless otherwise provided by law or commercial terms.

The refund is made using the same payment method used for the order, unless expressly agreed otherwise by the consumer and provided that the refund does not incur additional costs.

20. COMMERCIAL GUARANTEE "SATISFIED OR REFUNDED - 30 DAYS" - NEW PRODUCTS

Regardless of the fourteen (14) day legal right of withdrawal, La Baguetterie grants consumers, for eligible new Products purchased remotely, a commercial guarantee allowing them to request their return up to thirty (30) days from receipt.

This commercial guarantee does not apply to second-hand Products, which benefit from the specific fifteen (15) day period provided in these GTC.

During the first fourteen days, legal provisions relating to the right of withdrawal apply fully.

From the fifteenth to the thirtieth day inclusive, the return constitutes an additional commercial advantage voluntarily granted by La Baguetterie.

To benefit from this commercial advantage, the Product must be complete, clean, in perfect working order, free of deterioration or wear resulting from use beyond simple reasonable testing, accompanied by all its accessories and manuals, and, to the extent possible, presented in its original packaging in good condition.

La Baguetterie may refuse the benefit of this commercial guarantee when a Product has been used for a prolonged period, is incomplete, deteriorated, or in a state that no longer reasonably allows its resale.

Return costs are borne by the Customer.

This commercial guarantee in no way reduces or replaces the legal guarantees enjoyed by the consumer.

21. RETURN OF SECOND-HAND PRODUCTS - 15 DAYS

Second-hand Products purchased remotely by a consumer may be subject to a return request within a total period of fifteen (15) days following their receipt.

During the first fourteen days, the consumer benefits from their full legal right of withdrawal.

The fifteenth day constitutes an additional commercial timeframe granted by La Baguetterie.

During this additional day, the second-hand Product must be returned in a condition identical to that in which it was sold, subject to handling reasonably necessary for its inspection.

Notably, the Product must not have undergone further deterioration, impact, modification, unnecessary disassembly, repair, or significant additional wear.

Return costs for a change of mind are borne by the Customer.

This provision in no way affects the legal guarantees applicable to second-hand Products.