General terms and conditions of sale.
The online shop of the website shop.sonj.fr was set up by the company SONJ, which is the operator of this site. Any order taken for a product appearing in the online shop of the website shop.sonj.fr assumes prior consultation of these general conditions.
Consequently, the consumer acknowledges being perfectly informed of the fact that his agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the shop of the website.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use on his part. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website were in fact related to his professional activity.
The online shop set up by SONJ within the framework of the website mentions the following information:
- legal notice allowing precise identification of the SONJ company
- presentation of the essential characteristics of the goods offered
- indication, in Euros, of the price of the goods, as well as, where applicable, the delivery costs
- indication of the terms of payment, delivery or execution
- the existence of a right of withdrawal
- the period of validity of the offer or the price
- the conditions for terminating the contract when it is for an indefinite period of time or a period of time greater than one year
- All of this information is presented in the French
language The consumer declares that he/she has full legal capacity to enter into the present general conditions
Article 1: Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer may be integrated into these general conditions, since these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company SONJ to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Entry into force - duration
The present general conditions enter into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees owed by the company SONJ.
Article 5: Electronic signature
The consumer's click on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7: Proof of the transaction
The computerised registers, kept in SONJ
's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: SONJ presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which provides for the possibility for the potential consumer to know the essential characteristics of the products he/she wishes to purchase before placing the final order.
8-b: The offers presented by SONJ are only valid while stocks last.
Article 9: Prices
The prices are indicated in euros and are only valid on the date the order form is sent by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the methods of payment mentioned in the order form. The consumer guarantees the company SONJ that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. SONJ reserves the right to suspend all order processing and delivery in the event of refusal to authorise payment by credit card by
officially accredited organisations or in the event of non-payment. SONJ reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. SONJ has implemented an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the customer will be asked to send a copy of an identity document and proof of address by fax to SONJ. The order will only be validated after reception and verification by our services of the documents sent.
Article 11: Product availability
The order will be executed at the latest within 4 days from the day following the day the consumer placed the order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12: Delivery methods
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage due to the carrier on the delivery slip, as well as to the company SONJ, within one week.
The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. As far as shipping is concerned, we work mainly with Colissimo Suivi. As soon as we proceed with a shipment, you will immediately receive an email informing you of this.
In order to reduce transport
costs as much as possible, all small and medium-sized products are sent by a Colissimo Suivi service. In addition to being economical, this service delivers within 48 hours throughout France and offers you the possibility of recovering the products ordered at your post office near the delivery address in the event of absence from the initial delivery location when the postman arrives. In concrete terms, if you are absent on the day of delivery, your postman will leave a notice in your letterbox, which will allow you to collect your parcel at your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, it is possible, as in any shipment, that there may be a delay in delivery or that the product goes astray. In the event of a delay in delivery in relation to the date we indicated in the shipping email, we ask you to notify us of this delay by calling us by phone or by sending us an email. We will then contact the Post Office to start an investigation. A postal investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be immediately re-routed to your home (in most cases). If on the other hand the product is not found at the end of the 21-day investigation period, the Post Office considers the parcel as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed in price on the website, we would apply the new prices, either by refunding
you by cheque for the difference, or by requesting an additional cheque for the price difference. We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer will have to confirm this anomaly by sending to the carrier within two (2) working days following the date of delivery a registered letter with acknowledgement of receipt setting out the said claims. The consumer must send a copy of this letter by fax or by post to
SONJ Customer Service,
19 Rue Yves Riou, 22200 GUINGAMP, FRANCE
Article 14: Delivery errors
14-a: The consumer must submit to SONJ on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non- conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.
14-b: The formulation of this complaint with the company SONJ could be made: - in priority by email at the address: firstname.lastname@example.org - by connecting you on our site in the heading "follow your order" " where, after having entered your customer number, you will be able to put your question to us through the menu contact us by specifying the reference of the order.
14-c: Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company SONJ of any responsibility with respect to the consumer.
14-d: With reception of the complaint, the company SONJ will allot a number of exchange of the product (s) concerned and will communicate it by e-mail, fax or telephone with the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the company SONJ as a whole and in its original packaging, in Colissimo Recommandé, to the following address
SONJ, 19 Rue Yves Riou, 22200 GUINGAMP, FRANCE
In order to be accepted, all returns must be reported to SONJ' s Customer Service Department.
The shipping costs are at the expense of SONJ, except in the case where the returned product does not correspond to the original declaration made by the consumer in the return form.
Article 15: Product warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions of the present document cannot deprive the consumer of the legal warranty which obliges the professional seller to guarantee him against all the consequences of
hidden defects in the item sold. The consumer is expressly informed that SONJ is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer of the latter may be sought by the consumer, on the basis of the information appearing on the packaging of the said product. The conditions and duration of the producer's guarantee are indicated on the product sheets. Given the frequency with which the components of technical products are renewed, shop.sonj.fr may, on request, inform the consumer of the availability of spare parts for the products offered and of the procedures for obtaining them.
Article 16: Right of withdrawal
The consumer has a period of 10 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. All returns must be reported in advance to SONJ's Customer Service Department: - primarily by email: email@example.com - by connecting to our website under the heading "track your order" where, after entering your customer number, you can obtain your order number. The product must be returned by Colissimo Recommandé to SONJ, 19 Rue Yves Riou, 22200 GUINGAMP, FRANCE.
Products such as discs, CDs, cells, must not have been unsealed, so that the consumer can benefit from the right of withdrawal. Electronic
products such as turntables, headphones, mixers, etc... remain subject to the legal withdrawal period of 7 days.
Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the consumer's expense.
In the event of exercising the right of withdrawal, SONJ will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs to be technically checked (cf. products that must be tested beforehand).
The consumer will then be reimbursed by re-crediting his bank account (secure transaction) in the case of payment by bank card, or by cheque in other cases.
Article 17: Rights of use
The right to use SONJ
's software, as well as those distributed by the
company, is granted to the consumer on a non-exclusive, personal and non- transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right to reproduce exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any case, the author of the software retains a property right on his work, which the consumer undertakes to respect.
Article 18: Force majeure Neither
party shall have failed to fulfil its contractual obligations insofar as their performance is delayed, hindered or prevented by an act of God or force majeure. Force majeure shall be considered to be all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless the force majeure event makes it impossible, meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 19: Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
Article 20: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or claim, the consumer will first contact SONJ to obtain an amicable solution.
Article 23: Data Processing and Liberties
The information requested from the consumer is necessary for the processing of his/her order and may be communicated to SONJ
's contractual partners involved in the execution of this order. The consumer may write to the SONJ company, whose contact details are in the confidentiality charter appearing within the framework of the website, to oppose such communication, or to exercise their rights of access, rectification with regard to information concerning them and appearing in the files of the SONJ company, under the conditions provided for by the law of 6 January 1978.