Conditions of use and sale
Terms and Conditions
e-shop.season-of-mist.com is a service provided by SARL Soundworks
111, Route de la Valentine, lot n° 11
RCS Marseille 42224122400027
Numéro de TVA Intracommunautaire (Intra European community value added tax number) : FR05422241224
Article 1 - Price
The prices of our goods are listed in Euros or USD all taxes included. These exclude processing costs (this includes inter alia, bank fees) and shipping. These prices are displayed in Euros or Dollar with possibility of currency conversion.
When ordering from a country other than metropolitan France, the customer is the importer of the goods concerned. For all products shipped outside of the European Union and of the DOM-TOM (French overseas territories), the price will be automatically calculated without tax on the invoice. Customs duties, local taxes, import duties or state taxes are likely to be required for import. These are at the customer's expense and under their sole responsibility both in terms of payment and tax returns to the authorities and qualified organizations of the customer's country. We recommend that foreign customers inquire about these aspects with their local authorities.
SOUNDWORKS reserves the right to modify its prices at any time. However, the products will be charged based on the rates in effect at the time of acceptance of the order.
The products will remain the property of SOUNDWORKS until fully paid for.
Orders may be paid in Euros, USD, Japanese Yen, British Pound Sterling or Canadian Dollar.
Article 2 - Orders
When ordering for the first time on the website of our e-shop, customers are asked to create an online account containing personal information which must remain updated. The sales contract is considered concluded when SOUNDWORKS receives, via the e-shop or by phone, the duly completed order form (which is filled in by our services in the case of an order placed by phone), which is then processed for verification of the accuracy of the data concerning the order.
Orders may be placed :
On the website http://e-shop.season-of-mist.com
By phone : +33 4 91 83 20 76 (french phone number)
Prior to any purchase, when creating his account on our site, the customer is requested to carefully read these Terms And Conditions.
By completing the order form, the customer agrees unconditionally and commits to abide by these Terms And Conditions in their dealing with SOUNDWORKS. Should one disagree with any elements specified in these Terms And Conditions, we invite them not to transfer their order form to purchase products on e-shop.season-of-mist.com.
The Conditions Générales de Ventes and related Informations contractuelles (Terms and Conditions and the related elements) are presented in French (or English for information) and will be subject to confirmation when creating the online account on our site, this phase being prior to any purchase.
Article 3 - Confirmation
The data recorded by e-shop.season-of-mist.com during the confirmation of the order constitutes proof of all transactions made between SOUNDWORKS through e-shop.season-of-mist.com and its customers.
The data recorded by the payment system constitutes proof of the financial transactions.
Article 4 - Availability
Our offers of products are valid as long as they are visible on the website, within the limits of available stocks. This excludes promotional operations mentioned as such on the site. Links directing to products which have become out of stock will be listed as 'Out Of Stock'.
In the event of unavailability of a product occurring after the order was passed by the customer, our services will inform the customer by mail and refund or compensate via credit note form the collected and cashed sum.
Article 5 - Shipping
Products are sent to the delivery address the customer provided during the ordering process. We let our customers chose between different delivery methods that depend on the destination of the parcel.
For individuals, there are two categories of delivery methods : Standard and Express. Delivery times depend on the choice of courier (delivery time is estimated during the choice of courier phase) and the destination of your parcel. Parcels may not be sent before reception and cashing of the payment.
For professionals, our services will contact the customer as soon as the order has been completed on our website to determine the delivery method and payment method.
We do our best to send the parcels within 30 days of payment (under the condition of availability of the product). SOUNDWORKS may not be held responsible for any delays due to the courier.
When the customer orders several different products at the same time which have different delivery dates, the delivery date of the parcel is based on the date most distant to the order. The customer is informed, for example in the case of pre-orders, of these special delays during the order process on our e-shop. SOUNDWORKS holds the right to send orders of multiple items via multiple shipments. Participation to processing and delivery costs will be charged only once.
In case of delay, a mail will be sent to the customer to inform him of an eventual consequence on the delivery date that was indicated during the ordering process.
The customer may follow the processing of their parcel in the 'My Account' section under 'Your orders' on the e-shop.
The possibility to track the parcel during its shipping, after the product is sent by SOUNDWORKS depends on the choice of carrier, this feature is detailed during the choice of the courier. If the chosen courier provides such service, an internet link will be accessible in the 'Your order' section, in the 'Parcel Tracking' column. This link will redirect the user to the Parcel Tracking section of the courier's website the customer chose.
In case of loss or damage during the delivery of the product, the customer must notify the courier immediately.
Article 6 - Payment
The payment of the purchases can be made either :
By Credit Card through external payment platforms
By Check payable to SOUNDWORKS
By Bank Transfer to the following bank coordinates :
RIB (National Account ID)
Code banque : 30 478
Code guichet : 00002
Numéro de compte : 01411949001
Clé RIB 52
IBAN (International Bank Account Number)
FR76 3047 8000 0201 4119 4900 152
BIC (virement SWIFT, Bank Identifier Code)
In case of payment done by check, these must be issued by banks domiciled in Metropolitan France or Monaco.
Setting the cashing of the check is performed upon receipt of the check. In order to enable SOUNDWORKS to manage at best your order, the check must be sent to SOUNDWORKS within 7 working days following the confirmation of your order.
SOUNDWORKS / SEASON OF MIST
111 route de la Valentine
Lot N° 11
If we do not receive the check or the confirmation of the Bank Transfer within 7 days after the confirmation of the order on our website, an e-mail reminder is sent to the customer. After 14 days without reception of the check or the confirmation of the Bank Transfer, the order is automatically canceled.
Article 7 - Return Policy
7.1 - Right of withdrawal
In accordance to the legal provisions in force, customers have a period of 7 days from receipt of the products to exercise their right of withdrawal to SOUNDWORKS without having to give reasons or pay a penalty.
In case of exercise of the right of withdrawal within the abovementioned period, only the price of the purchased product and the sending costs will be refunded ; the cost for returning the product to our office remain at the customer's expense. Should the customer exercise his right of withdrawal on part of the order he received, the refund of the initial sending costs will be prorated to the item's shipping cost and not to the whole order.
Returns are to be done in their initial and complete state (packaging, accessories, user's notice...) that allows the product to be resold as new. SOUNDWORKS asks of the customers to join copy of the invoice of their order for optimal management.
In accordance to the legal provisions in force, the right of withdrawal may not be exercised on customizable books, audio or video recording which have been unsealed by the customer.
Returns are to be sent to this address :
SOUNDWORKS / SEASON OF MIST
111 route de la Valentine
Lot N° 11
No return received as against refund will be accepted by SOUNDWORKS, whatever the reason.
7.2 - Returns, Exchanges & Warranty
Our products are checked individually before being sent. In case the customer receives a damaged parcel, the customer must notify the courier immediately. In accordance to the legal provisions in force relating to the compliance with the contract and particularly those specified in the Article L211-4 du Code de la Consommation (French Consumer Code), we will refund or exchange the products apparently defective or which do not match the customer's order (these provisions do not concern items damaged during the delivery). We ask of our customers wishing to implement these provisions to contact our Support Services through the form accessible in the 'FAQ' section. The items must be returned by mail in the complete state in which these were received (accessories, packaging, notice...). The customer also benefits from the warranty against hidden defects, in accordance to the legal provisions in force specified in the Article 1641 du Code Civil (French Civil Code). These provisions do not prevent the customer from benefitting of the right of withdrawal mentioned in the article 7.1 of this text. If the product is no longer available, our services will contact the customer to determine the nature of the refund (credit note, bank transfer or check).
Article 8 - Support Services
For any further information, questions, exercise of the right of withdrawal, warranty, we ask of the customers to contact our Support Services through the form accessible on our 'FAQ'.
Article 9 - Intellectual Propriety
All texts, comments, articles, illustrations and images reproduced on the websites of Season Of Mist (this includes http://season-of-mist.com/ and http://e-shop.season-of-mist.com) are reserved under copyright as well as under Intellectual Property for the whole world. In this regard, in accordance with legal provisions in force of the Code de la Propriété Intellectuelle (French Code of Intellectual Property), only a use for private purposes is allowed, provided that there are no different or more restrictive provisions in the abovementioned code for such purposes. Any other uses constitutes counterfeit and is sanctioned under Intellectual Property unless prior authorization from SOUNDWORKS. Any reproduction be it total or partial of the catalog of SOUNDWORKS / Season of Mist is strictly prohibited. All rights reserved.
SOUNDWORKS provides a revocable, nonexclusive, limited right to create a hyperlink directing to the homepage of the website season-of-mist.com as long as the link and content to which it is attached does not describe SOUNDWORKS / Season of Mist, its affiliates, or elements belonging to the abovementioned in a misleading, false, derogatory or offensive way.
Article 10 - Liability
The products sold on our e-shop conform to the French legislation. It is the customer's duty to verify with the local authorities of his country the possibilities of importing or using the products or services that they plan to order.
Photographs and texts, illustrating the products and audio recordings and their lyrics are carefully checked before being put on line. Variations between the descriptions and products as well as errors within the texts or photographs are possible, SOUNDWORKS cannot be held liable for these.
SOUNDWORKS cannot be held liable for the nonfulfillment or defective completion of the contract concluded in the case these would be attributable to the customer, to unpredictable or insurmountable occurrence due to a third party or to an act of god.
SOUNDWORKS cannot be held liable for any damages be them direct or indirect, issuing from the abovementioned risks.
Article 11 - Applicable Law - Litigation
This contract is subject to French Law and formally written in French language. In case of litigations, the French courts will be only qualified. This text is a translation of these 'Conditions Générales de Ventes' made in a purpose of information. The French text is the only authentic and liable version.
Article 12 - Personal Data
Personal data and information concerning the customer are required to manage the customer's order and for our commercial exchanges. These may be transferred to companies that contribute to these relations, such as those responsible for the completion of orders, their management, processing and payment. These are stored for security purposes, to comply with the legal and regulatory requirement as well as to enable us to enhance and customize the services we offer and the information we send to the customers.
In accordance to the legal provisions in force and to the Loi Informatique et Libertés du 6 Janvier 1978 (French Law enacted on the 6th of January 1978 concerning information technology, files, data and freedoms) customers hold a right to access, rectify and oppose their personal data. In order to do so, SOUNDWORKS asks of the customers to fill in the form that is accessible on the FAQ of our website or through post mail at SOUNDWORKS / SEASON OF MIST 111 route de la Valentine, Lot N° 11, 13011 Marseille, France, by indicating name, e-mail address, postal address of the concerned account of the e-shop. In accordance to the legal provisions in force, this request must be signed, a copy of ID bearing the concerned person's signature and the postal address for return have to be joined with the file. An answer will be sent within 2 months following the reception of the request.
According to the choices the customer made during the creation process or modification of his account, they are likely to receive offers from our society, as well as from companies and brands of the Season of Mist group as mentioned during the creation of your account. Customers that want to may unsubscribe from our newsletter by going on the section 'My Account', then 'Account Information' where they have to uncheck the selection 'Subscribe to the e-shop newsletter' for the e-shop's newsletter or uncheck the selection 'Subscribe to the label Newsletter' to unsubscribe from the label's newsletter.