Article 1 : Foreword
The French laws govern all terms and conditions of the Site, including this agreement. The English translation is provided as a courtesy to English speakers and therefore we shall not be liable on any interpretation based on the English translation of any legal statements and notices on this website.
This website is created and controlled by Original Music Concept SARL registered at the Paris RCS under the reference 59359 and which shall be referred to herein as « Original Music Shirt ».
The present terms of sale have the purpose of defining the conditions by which the buyers are allowed to use the Original Music Shirt website (www.originalmusicshirt.com).The users of Original Music Shirt website shall be referred to here in as "buyers".
These conditions only concern physical persons (individuals) and not corporate bodies (sellers).
Both parties agree that their relations will be exclusively directed by the present contract, excluding all conditions available on the website beforehand.
Should one condition be lacking, the law would apply the same way as it would for another mail order company whose head office is situated in France. Original Music Concept pledges to respect all the clauses of the French E-commerce regulations.
Article 2 : Implementation
The following terms of sale apply to any product sold on the www.originalmusicshirt.com’s website.
Any purchase completed with Original Music Shirt implies that the following conditions are fully accepted and agreed. There is no right of retraction.
The buyer is the only one to claim the present conditions and notably the guarantee rights.
Original Music Shirt holds the right to modify without any notice the present terms of sale.
The modifications on the terms of sale only take effect for the orders taken after the date of their implementation.
The present terms of sale are permanently available for consultation through the website www.originalmusicshirt.com
They are given in such a file format that the buyer can print, reproduce, save or store them if need be.
Article 3 : Products
3.1 : Costs of post and package
Prices are given in Euro all taxes included apart from the costs of post and package. Prices are subjected to the French Value Added Tax (VAT) and any increase or decrease of the VAT legal rate will be reported on the prices of the products available on the website www.originalmusicshirt.com according to the date mentioned by the applicable legislation.
Prices are liable to be modified at any time notably in case of limited launching offers, special offers, or sales.
The costs of post and package are indicated before confirming the order.
The costs of post and package are not refundable if the order is cancelled after its posting. They will consequently be deducted from the amount refunded within a fortnight by Original Music Shirt .
From time to time, Original Music Shirt can assume in part or in full the costs of post and package.
3.2 : Availability
The products presented by Original Music Shirt are subjected to stock availability.
The delivery lead time mentioned in the products’ features are given as a rough guide and are subjected to the supplier’s or manufacturer’s own lead time.
Under such conditions, the lack of availability or the possible lead time delay cannot involve Original Music Shirt’s responsibility, and under no circumstances should it entitle the buyer to any type of compensatory damages.
In case a product is temporary not available, Original Music Shirt will let the buyer know the new supplier’s or manufacturer’s lead time as quickly as possible.
If this delay is excessively extended, Original Music Shirt will do its best to offer the buyer an equivalent product and if not give a voucher or even cancel the order and refund the buyer entirely.
The products put for sale by Original Music Shirt comply with the French legally required standards.
The photographs taken and notably the texts, graphics as well as all the features going with the products are not contractual.
As a consequence, Original Music Shirt cannot hold the slightest responsibility in case of errors and omissions on any of those elements or in case of a modifications of those elements by the supplier or the manufacturer.
The buyer is the only person to be able to ensure the compatibility of the products ordered with the materials already in possession.
Article 4 : Conclusion of contract
The sale contract is always said to be concluded the moment the buyer’s account is debited (if the order was paid by credit card) or the date the transfer payment is received (if the order was paid by wire money)
4.1 : Order
The products put on sale are presented on the website www.originalmusicshirt.com and go along with a description of the product’s features.
The buyer willing to make a purchase can click on the product’s graphic representation.
The product is then added to the shopping bag (along with the other products previously ordered by the buyer).
When the buyer intends to end the order, just click on « order now » which appears under the shopping bag.
The buyer is then led to a page offering a summary of all the products ordered. At this stage, the buyer can still cancel some of the products appearing on the page and consequently in the shopping bag.
The buyer can also cancel the procedure and come back to the shopping bag without confirming the order.
If the buyer is happy with the summary showing the prices, the costs of post and package as previously advertised on the website www.originalmusicshirt.com, he/she can type the delivery address and billing address and click on the symbol corresponding to the method of payment. The buyer is then led to a secure website corresponding to the banking company selected.
The buyer’s bank details are kept private from Original Music Shirt. Indeed, PayPal takes care of the different stages of the transaction according to a secure exchange system encrypting information. Paypal is thus responsible for safeguarding the information.
Once the payment is confirmed to the buyer on the secure website, the buyer can go back to the website www.originalmusicshirt.com or not.
Once the payment is accepted, Original Music Shirt sends a summary version of the order by email. On the summary, all the details of the products ordered and the total amount of the order (including, the cost of post and package and the VAT) is mentioned. A rough indication is also given as far as the delivery date is concerned.
4.2 : Payment
The buyer explicitly declares that he/she has relevant rights and permission to use the type of payment selected when the order was confirmed.
Submitting the order implies that the buyer is authorised to use the method of payment chosen and that the bank account balance is not too low otherwise Original Music Shirt will not deliver the order.
Original Music Shirt reserves the right to suspend or cancel any order or delivery in case the payment was not declared successful by the banking company.
Likewise, Original Music Shirt reserves the right to refuse an order or a delivery coming from a buyer who previously made a litigious order.
The buyer is also aware that all the product orders can be analysed and/or verified by Original Music Shirt in order to fight against fraud.
And to fight against fraud, Original Music Shirt reserves the right to ask for any documentary evidence needed.
Once the verifications are completed, Original Music Shirt reserves the right to suspend or cancel an order or a delivery (even if the payment has been authorised) in case the verifications showed that the so-called order was illegally made towards a third party.
Original Music Shirt would not be held responsible for embezzlement or fraudulent use of any method of payment unnoticed by the above mentioned procedure.
Article 5 : Information
5.1 The products are delivered to the delivery address given by the buyer when the online or offline order was completed.
Should the delivery address be different from the billing address, the buyer must specify those two addresses distinctly on the order form.
When ordering, the buyer must give all the accurate information needed to ensure a good delivery service.
Checking the address will ensure that delivery is made with no extra delay.
We would have to charge you a second time (and wait for the successful payment of the second costs of post and package) if a parcel had been returned because of an incorrect or incomplete delivery address.
5.2 : Delivery – absence
The products ordered are put into the buyer’s letter box if big enough.
If the letter box is not big enough a notice of attempted delivery will be left in the letter box so that the buyer can go and collect the order at the post office mentioned.
If the buyer refuses to collect the order, the amount of the order will be refunded (apart from the cost of post and package involved by the delivery).
5.3 Delay- Loss
Every carrier company commits itself on the due delivery date and is the only one responsible for respecting it.
If there is a delay in the delivery, the buyer has to contact first the carrier company to check if the parcel is not pending.
If there is any difficulty to locate the parcel, the buyer can contact Original Music Shirt which will make an investigation to check if by any chase the parcel has not been lost by the carrier company.
The buyer will have to send an email to the following recipient email@example.com and give all the useful information (notably the order form) so that the parcel can be located.
Under such circumstances, Original Music Shirt depends on the carrier company’s own delivery time. The claim for refund in case of loss is also submitted to the carrier company’s conditions.
They can vary according to the carrier company.
No refund will be possible unless after investigation the carrier company recognises having lost the parcel.
As soon as the statement of loss is made by the carrier company, Original Music Shirt will refund, exchange or give a voucher to the buyer.
Article 6 : Right of Retraction
The buyer has a right of retraction within two-weeks from the delivery date according to the law L 121-16 and the Consumer code.
The buyer must send an email to firstname.lastname@example.org so that the company knows that he/she intends to send the parcel back.
The shipping back cost remains at the buyer’s charge.
The parcel must be sent back to Original Music Shirt in its complete original packing arrangement, with the invoice attached. It is the buyer’s responsibility to ensure good transportation.
Provided the above mentioned conditions are respected, Original Music shirt will refund the products ordered according to the amount given on the order form, excluding the costs of post and package, within two weeks from the date of reception of the parcel.
Article 7 : Returns
It is the buyer’s entire responsibility to take care of the transportation’s risks and to ensure a safe delivery.
In case there is a mistake from Original Music Shirt when preparing the order, the buyer shall be refunded for the invoiced shipping price, and for the cost of shipping back.
Article 8 : Guarantees
In case of a return shipment due to damages or quality defects, the buyer will have to send the parcel back respecting the conditions mentioned in Article 7 of the present terms of sale.
Original Music Shirt will support a warranty on the product within the possibility of wear and tear. Damage due to wear and tear or any external cause (if washing instructions are not respected for instance) will not be covered.
The present article’s conditions do not deprive the buyer’s from the legal warranty right described in the article L 211-1 of the Consumer Code.
Article 9 : Personal details
According to the French law on "information technology and civil liberties", dated 6 January 1978 and modified on the 6 August 2004, the buyer has the right to access, modify, correct, and delete the nominative data that concerns him/her.
The personal details are only asked to be able to deliver the products ordered on the website, on the phone, by mail or by fax.
They are compulsory in order to make an order and for the company to fight against fraud.
The buyer will be notified in case the information is optional.
The buyer is aware that not filling the information required will prevent Original Music Shirt from sending the order.
The buyer is aware that in order to verify the information given while ordering, the data can be sent to a third part to proceed with some verifications.
The buyer can refuse to transfer his/her personal details to a third part except if the third part is in charge of the verification process. This refusal can imply that the order will not be taken into consideration.
Article 10 : Applicable law
In case of a force majeure or an unintentional event, the mutual obligations created by the above terms of sale are likely to be suspended.
Shall be considered as such all the usual cases brought before the competent Courts of France.
The present terms of sale are entirely subjected to the French law. Any disputes will try to reach an amicable agreement.
Please contact us if you don't find an answer to your question in this section.