General Terms and Conditions of Sale

Last updated on: **20/08/2025**

These **General Terms and Conditions of Sale** (hereinafter “**GTC**”) define the terms and conditions of a distance selling contract via the Online Store located at **www.sangle-guitare.fr** between:

Any person browsing the website: **www.sangle-guitare.fr**, (hereinafter the “**Customer**”)

AND

The Limited Liability company VIVALIRIS (hereinafter the “**Seller**”), registered under number 0772690221 in the Crossroads Bank for Enterprises Register.

**Article 1 – Purpose and Scope**

These General Terms and Conditions of Sale apply to the distance selling of Products by the Seller via its online store located at www.sangle-guitare.fr (hereinafter the “**Store**”) to a Customer (hereinafter the “**Customer**”). These GTC define the reciprocal rights and obligations of the Seller and the Customer in the event of a distance purchase of goods for sale on the Seller’s Online Store (hereinafter the “**Products**”).

The GTC set out the rights and obligations of the Seller and the Customer (hereinafter collectively referred to as the “**Parties**”) in the context of an order placed by the Customer via the Seller’s Online Store, without prejudice to the application of the provisions of the French Consumer Code specific to the Customer as a Consumer. By placing an order on the Seller’s Online Store, the Customer acknowledges having read and accepted these GTC. The GTC in force at the time the Customer places the order on the Online Store are deemed accepted without reservation by the Customer. If the Customer waives acceptance of these GTC, the said order is deemed null and void.

The Seller reserves the right to modify or update these GTC, which is why the Seller strongly recommends that its Customers systematically re-read the GTC before placing any order on the Online Store. The last update date of these GTC appears at the top of **this page** in bold.

The GTC do not apply in cases where:

• the Customer places an order on the Online Store as a natural person or legal entity for professional purposes.
• the Customer places an order on the Online Store as a Professional as defined in the Preliminary Article of the French Consumer Code.

**Article 2 – Order**

**          **The Customer can place an order via the Online Store by selecting the desired Products and following the payment instructions. Any order placed on the Seller’s Online Store constitutes a distance selling contract between the Customer and the Seller. The Parties are bound by a distance selling contract as defined in Article L221-1 of the French Consumer Code from the moment the order is confirmed by the Customer after viewing the details and the final price of this order.

These GTC are applicable to the sales contract between the Seller and the Customer. The Seller reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges being over 16 years old to place an order on the Online Store.

In case of acceptance of the order by the Seller, the Customer will receive a confirmation of their order within 48 hours at the email address provided at the time of the order. In the absence of order confirmation within 48 hours from the Seller, the distance selling contract is deemed null and void, and the Customer is assured that no money will be debited for the payment of this order, or if payment has already occurred, the Customer is assured that the total amount paid for the order will be refunded to their bank account.

**Article 3 – Products**

**1 – Product Description**

**            **The Seller undertakes to provide the most accurate possible description and presentation of the essential characteristics of each Product displayed on the Online Store. In case of display or description errors for the Products, the Seller reserves the right to correct them at any time and will endeavor to notify the Customer to offer them:

• either to waive the purchase of the Product in question;
• or to confirm their purchase in light of the modifications made to the description of the Product in question.

If the Customer does not respond to the Seller within 7 days in case of correction or change to a Product’s description, the Customer is deemed to have waived their purchase.

**2 – Product Unavailability**

The Seller cannot be held responsible for the unavailability of a Product. The Seller reserves the right to withdraw a Product from the Online Store at any time. In the event that one of the Products ordered by the Customer becomes unavailable after the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible to offer them:

• either the replacement of the unavailable product with a similar product at an identical substitute price. In the event of the Customer exercising their right of withdrawal for a substitute product proposed by the Seller and accepted by the Customer, the return is at the Seller’s expense (See Article 9 – Right of Withdrawal below).
• or the refund of the unavailable product by the Seller to the Customer within thirty days.

**Article 4 – Price**

The price of the Products is displayed on the online store with the description of each product and at the time of the order summary. The displayed price corresponds to the price of each Product, all taxes included and excluding delivery costs. Delivery costs are indicated at the time of the order summary and are included in the total price of the order. Delivery costs may vary depending on the type of delivery chosen.

**Article 5 – Promotions**

**            **In case of an active promotion on the Online Store, the reference price of the Product is displayed next to the selling price. The reference price corresponds to:

• either the price previously charged by the advertiser for this Product
• or the price recommended by the manufacturer or distributor of the Product
• the maximum legal price for this type of Product if its price is regulated

Promotional codes made available by the Seller or the Seller’s partners are applicable on the Online Store and are valid while stocks last and until the code expires. Promotional codes are subject to an expiration date.

**Article 6 – Payment**

Payment corresponds to the settlement of the total amount including all taxes for the Products and delivery if it is chargeable. The different payment methods accepted on the Seller’s Online Store are displayed at the time of order finalization.

**Article 7 – Order Cancellation**

Order cancellation is not possible, unless the Seller decides otherwise and notifies the Customer by written agreement. Cancellation of an order means the return of the Product(s) to the Seller and the refund of any sum paid by the Customer to the Seller for the order.

**Article 8 – Delivery**

**1 – Deadlines**

The delivery time for an order on the Online Store appears at the order summary stage before proceeding to payment. The Seller undertakes to ship the Customer’s order once it is paid in full and the Seller has been notified, within a maximum of fourteen days. The Seller undertakes to ensure delivery of the order to the address indicated by the Customer within the time indicated at the time of order confirmation. In case of exceeding the delivery time, the Seller undertakes to refund the Customer the full amount paid for their order within fourteen days.

** 2 – Conditions**

The general conditions of the carrier responsible for delivering the order placed on the Online Store are applicable to the delivery. In the absence of a recipient at the address chosen by the Customer for delivery, the carrier leaves a delivery notice informing the recipient of the attempted delivery. Delivery is considered completed once the order is received at the address chosen by the Customer.

Some orders may be shipped in several parts, separating the Products for shipment. For orders requiring separate shipment of certain Products, the order is considered received once all Products have been received.

**Article 9 – Right of Withdrawal**

**1 – Definition and Expiration**

In accordance with the provisions of the Consumer Code annexed below, in the context of a purchase made by a Customer as a non-professional on the Seller’s Online Store, the Customer has a period of **fourteen calendar days** from the receipt of the Product(s) ordered on the Online Store to exercise, with the Seller, their right of withdrawal without prejudice or justification.

If this fourteen-day period ends on a Sunday, public holiday, or non-working day, this period is extended until the next working day. As some orders may be shipped in several parts, the fourteen-day period begins to run on the day of receipt of the last Product.

**2 – Exercise**

The right of withdrawal allows for a refund of the total price paid by the Customer for one or more Products, including all taxes and delivery, without justification or prejudice. Additional costs resulting from a choice of delivery method other than the delivery method recommended by the Seller cannot be refunded. Only the cost of the delivery method recommended by the Seller will be refunded under the right of withdrawal. The right of withdrawal applies even to promotional products. In case of exercising the right of withdrawal, the Customer must return the desired Products in packaging ensuring proper transport and safety of the Product with the attached **withdrawal form** (Annex 3 of the GTC) to the address:

SANGLE-GUITARE.FR – VIVALIRIS

51, Rue Michel Hamélius,

6700 Arlon, Belgique.

The Seller undertakes to refund the Customer within **fourteen days** from the date on which the Seller received the returned goods from the Customer. The Customer’s refund is considered made once the Customer has received the corresponding sum via the payment method used for the order. In case of exceeding the fourteen days to refund the Customer, the Seller is subject to the legal interest rates provided for in Article L242-4 of the Consumer Code.

**3 – Exceptions**

The Customer cannot exercise the right of withdrawal for the following Products ordered on the Online Store:

• Products whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
• Products made according to the consumer’s specifications or clearly personalized;
• Products likely to deteriorate or expire quickly;
• Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• Products which, after being delivered and by their nature, are inseparably mixed with other items;
• Products comprising audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• Products consisting of digital content not supplied on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of their right of withdrawal.

**IMPORTANT : **

In accordance with Article L216-1 of the Consumer Code, the professional is obliged to deliver the goods in accordance with the terms of the contract concluded with the consumer.

To ensure proper delivery, it is imperative that the customer provides complete and accurate delivery information, including:

• A detailed postal address compliant with the carrier’s requirements (street number, building, floor, access code if necessary, etc.).
• A valid phone number allowing the carrier to contact the customer if needed.
• Any other information essential for the proper delivery of the package.

If this information is not provided, is incorrect or incomplete, and this leads to an impossibility of delivery or a return of the package to the sender, no refund request can be accepted, including within the framework of exercising the right of withdrawal provided for in Article L221-18 of the Consumer Code.

Furthermore, in accordance with Article L221-23 of the Consumer Code, the withdrawal period runs from the date of effective receipt of the goods. If delivery could not be made due to a lack of information attributable to the customer, this period cannot apply, and no claim or refund request can be accepted on this basis.

Non-collection of packages :

When a delivery cannot be made to the address specified by the customer due to their absence or other obstacles making delivery impossible, the package will be redirected to the nearest relay point or a specified collection point. The customer will be informed by email of the necessary details to collect their package, including the location of the relay point, opening hours, and the collection deadline.

It is the customer’s responsibility to collect the package within the deadline specified in the notification email. If the customer does not collect the package within this period, the package will be returned to our warehouse. Please note that in case of non-collection of the package, no refund or compensation will be granted. We encourage our customers to carefully track their deliveries and plan collection within the deadlines to avoid any inconvenience.

The customer acknowledges having read this provision before finalizing their purchase and accepts these conditions by validating their order.

**Article 10 – Warranties**

**1 – Legal Guarantee of Conformity (Consumer Code)**

When purchasing Products via the Seller’s Online Store, the Customer benefits from a legal guarantee of conformity. To act under the legal guarantee of conformity, the Customer, as a Consumer:

• benefits from a period of two years from the delivery of the goods to act;
• can choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L. 211-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

To exercise their right to the legal guarantee of conformity, the Customer only needs to contact the Seller’s customer service, whose contact details are available on the Online Store’s website, by providing proof of purchase of the Product on the Seller’s Online Store. To make a return under the legal guarantee of conformity, the Customer only needs to contact the Online Store’s customer service at the following email address: [email protected], with proof of purchase of the Products. The Online Store’s customer service will provide them with the instructions to follow.

The legal guarantee of conformity applies independently of any manufacturer’s or commercial warranty that may be granted.

**2 – Legal Guarantee against Hidden Defects (Civil Code)**

The Customer, as a consumer, may decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In application of the legal guarantee against hidden defects, the Customer has a period of **two years from the date of discovery of the defect** to contact the Seller and notify them of the discovery of a defect. A defect corresponds to a flaw in the Product such that it renders it unfit for the use for which it is normally intended.

The Customer can choose between rescinding the sale, i.e., a refund including all taxes and delivery, or a reduction in the selling price in accordance with Article 1644 of the Civil Code.

To exercise their right to the legal guarantee against hidden defects, the Customer only needs to contact the Seller’s customer service, whose contact details are available on the Online Store’s website, by providing proof of purchase of the Product on the Seller’s Online Store. To make a return under the legal guarantee against hidden defects, the Customer only needs to contact the Online Store’s customer service at the following email address: [email protected], with proof of purchase of the Products. The Online Store’s customer service will provide them with the instructions to follow.

**3 – Exercise of Manufacturer’s Warranty Right**

Products sold on the Online Store by the Seller may be subject to a warranty issued by the manufacturer of these Products. The warranty period for each Product is indicated in its description. Once the manufacturer’s warranty period indicated in the Product description has expired, the return of the Product is no longer possible unless the Customer’s right of withdrawal applies. To exercise their warranty right, the Customer only needs to contact the Seller’s customer service, whose contact details are available on the Online Store’s website, by providing proof of purchase of the Product on the Seller’s Online Store.

The manufacturer’s warranty for the Products does not apply to Products whose installation or assembly is carried out under the sole responsibility of the Customer. Installation and assembly under the sole responsibility of the Customer is necessary in cases where the Products are delivered in separate parts. In these cases of Products delivered in separate parts, assembly is carried out in light of the documents and recommendations provided by the Seller. In these cases, the Seller is not responsible for the installation, assembly, or non-compliant use of the Product compared to its description, the Seller’s instructions and recommendations for the Product, or current standards.

To make a return under a manufacturer’s warranty, the Customer only needs to contact the Online Store’s customer service at the following email address: [email protected], with proof of purchase of the Products. The Online Store’s customer service will provide them with the instructions to follow.

**Article 11 – Transfer of Ownership**

**          **The Product(s) ordered by the Customer become the property of the Customer upon full payment of the order amount, including all taxes and delivery.

**Article 12 – Partial Nullity**

**          **If one or more provisions of these GTC are deemed invalid in application of a current standard or a final decision from a competent jurisdiction, the provisions not affected by this invalidation remain applicable in their entirety.

**Article 13 – Applicable Law and Jurisdiction**

These GTC are subject to French Law. In case of a dispute arising between the Customer and the Seller, the parties will prioritize an amicable resolution of the dispute by resorting to a Mediator. The contact details of the competent Mediator in case of a dispute between the Seller and a Customer are available at the following address: https://www.mediation-franchise.com. Any dispute relating to the interpretation and/or execution of these GTC falls under the jurisdiction of the French courts.

MERCASAFE© Usage License: MS 1001-179026

**Annex 1: Consumer Code**

**1 – Abusive Clauses**

**Article L132-1, **Modified by Ordinance n°2016-131 of February 10, 2016 – art. 6**, **Repealed by Ordinance n°2016-301 of March 14, 2016 – art. 34 (VD)

In contracts concluded between professionals and non-professionals or consumers, clauses that have the purpose or effect of creating, to the detriment of the non-professional or consumer, a significant imbalance between the rights and obligations of the parties to the contract are abusive.

A decree in the Council of State, issued after consulting the commission established in Article L. 534-1, determines a list of clauses presumed to be abusive; in case of a dispute concerning a contract containing such a clause, the professional must provide proof of the non-abusive nature of the disputed clause.

A decree issued under the same conditions determines types of clauses which, given the seriousness of the harm they cause to the balance of the contract, must be regarded, irrefragably, as abusive within the meaning of the first paragraph.

These provisions apply regardless of the form or medium of the contract. This is particularly the case for order forms, invoices, warranty slips, delivery notes or slips, tickets or receipts, containing freely negotiated or non-negotiated stipulations or references to pre-established general conditions.

Without prejudice to the rules of interpretation provided for in Articles 1188, 1189, 1191 and 1192 of the Civil Code, the abusive nature of a clause is assessed by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all other clauses of the contract. It is also assessed in light of those contained in another contract when the conclusion or execution of these two contracts are legally dependent on each other.

Abusive clauses are deemed unwritten.

The assessment of the abusive nature of clauses within the meaning of the first paragraph does not concern either the definition of the main subject of the contract or the adequacy of the price or remuneration to the goods sold or the service offered, provided that the clauses are drafted clearly and comprehensibly.

The contract will remain applicable in all its provisions other than those deemed abusive if it can subsist without the said clauses.

The provisions of this article are a matter of public policy.

**2 – Right of Withdrawal**

**Article L121-20-12, **Modified by LAW n°2010-737 of July 1, 2010 – art. 59**, **Transferred by LAW n°2014-344 of March 17, 2014 – art. 9 (V)

I.-The consumer has a period of fourteen calendar days to exercise their right of withdrawal, without having to justify any reason or bear any penalties.

The period during which the right of withdrawal can be exercised begins to run:

1° Either from the day the distance contract is concluded;

2° Or from the day the consumer receives the contractual conditions and information, in accordance with Article L. 121-20-11, if this latter date is later than that mentioned in 1°.

II.-The right of withdrawal does not apply to:

1° The supply of financial instruments mentioned in Article L. 211-1 of the Monetary and Financial Code as well as reception-transmission and execution of orders services on behalf of third parties mentioned in Article L. 321-1 of the same code;

2° Contracts fully executed by both parties at the express request of the consumer before the latter exercises their right of withdrawal;

3° Real estate credit contracts defined in Article L. 312-2;

4° Reverse mortgage contracts defined in Article L. 314-1.

III.-This article does not apply to contracts mentioned in Article L. 121-60.

IV.-For tied credit contracts defined in 9° of Article L. 311-1 concluded using a distance communication technique, the fourteen-day withdrawal period cannot be reduced.

The exercise of the right of withdrawal does not automatically lead to the termination of the sales or service contract unless it occurs within seven days from the conclusion of the credit contract. Furthermore, when the consumer, by express request, requests immediate delivery or provision of the goods or services, the exercise of the right of withdrawal does not automatically lead to the termination of the sales or service contract unless it occurs within three days from the conclusion of the credit contract. Any early delivery or provision is at the expense of the seller who bears all risks.

**Article L221-28, **Created by Ordinance n°2016-301 of March 14, 2016 – art.

The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s express prior agreement and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
3° For the supply of goods made according to the consumer’s specifications or clearly personalized;
4° For the supply of goods likely to deteriorate or expire quickly;
5° For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the professional’s control;
8° For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, within the limit of strictly necessary spare parts and work to meet the urgency;
9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° For the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or period;
13° For the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer’s express prior agreement and express waiver of their right of withdrawal.

**3 – Legal Interest Rates**

**Article L242-4, **Created by Ordinance n°2016-301 of March 14, 2016 – art.

When the professional has not refunded the sums paid by the consumer, the sums due are automatically increased by the legal interest rate if the refund occurs no later than ten days after the expiration of the deadlines set in the first and second paragraphs of Article L. 221-24, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per new month of delay up to the price of the product, then by the legal interest rate.

**4- Legal Guarantee of Conformity**

**Article L217-4, **Created by Ordinance n°2016-301 of March 14, 2016 – art.

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this was carried out under their responsibility or was included in the contract.

**Annex 2: Civil Code**

**Article 1641, **Created by Law 1804-03-06 promulgated on March 16, 1804

The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.

**Article 1644, **Modified by LAW n°2015-177 of February 16, 2015 – art. 10

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having a portion of the price refunded.

**Annex 3: Withdrawal Form**