General terms and conditions of sale
Clause No. 1: Subject matter
The general terms and conditions of sale described below detail the rights and obligations of La Touche Musicale and its client in connection with the sale of the following goods: web application dedicated to piano learning.
Any service provided by La Touche Musicale therefore implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Clause No. 2: Price
The prices of the monthly subscriptions sold are those in force on the day the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate applicable on the day of the order.
La Touche Musicale reserves the right to modify its prices at any time. However, it undertakes to invoice by monthly period the subscriptions ordered at the prices indicated when the order is placed.
Clause 3: Discounts and rebates
The proposed rates include the discounts and rebates that La Touche Musicale would have to grant in view of its results or the buyer’s assumption of responsibility for certain services.
Clause 4: Discount
No discount will be granted in the event of early payment.
Clause No. 5: Payment terms
The payment of orders is made:
– or by bank transfer via credit card;
– or by PayPal transfer.
When the order is registered, the buyer must pay the full amount due for the current month, and will be invoiced each month for the same amount set when the order is registered, in the case of a monthly subscription.
Clause 6: Late payment
In the event of non-payment in whole or in part of subscriptions delivered on the day of receipt or during the months and years following the subscription if the buyer has not cancelled it in the meantime, the buyer’s subscription will be automatically cancelled by La Touche Musicale.
Clause No. 7: Retention of title clause
La Touche Musicale retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to a receivership or liquidation, La Touche Musicale reserves the right to claim, as part of the collective proceedings, the subscriptions sold and unpaid.
Clause 8: Delivery
Delivery is made directly after the order has been placed by the buyer.
Consequently, any reasonable delay in the delivery of subscriptions may not result in the buyer benefiting from:
– the award of damages;
– the cancellation of the order.
Clause No. 9: Force majeure
The liability of La Touche Musicale may not be invoked if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure refers to any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause No. 10: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
If no amicable settlement is reached, the dispute will be brought before the Commercial Court of Pontoise.
Done at Cergy, 21 November 2019