Terms of Use

TERMS OF USE OF REPLAY MUSIC

1. PREAMBLE

1.1 The website https://replaymusic.co (the “Site”) and the associated services are managed by Replay Music SAS registered with the RCS of La Rochelle under number 982 565 061, benefiting from VAT exemption, whose head office is located at 10, rue Emile Zola, La Rochelle (17000) (“ Replay Music ”).

For any questions or complaints, you can contact us at the following contact details:

• Postal address: 10, rue Emile Zola (17000)
• Email address: support@replaymusic.co

The Site is a marketplace, i.e. an online platform allowing individual or professional Sellers (the “ Sellers ”) to create and publish advertisements (the “ Advertisements ”) to offer second-hand musical equipment for sale (the “ Products ”), and to enter into contact with Users interested in purchasing one of their Products (the “ Buyers ”).

1.2 Replay Music is an intermediary whose role is limited to facilitating the connection between Buyers and Sellers and providing the services available on the Site. We are not resellers of the Items offered by Sellers. Users act under their own responsibility. When a Buyer makes a purchase, the payment is secured via our payment service provider. The funds are held in an escrow account until the Buyer confirms receipt of the Item and satisfaction.

2. DEFINITIONS

For the purposes of these General Terms of Use (“GTU”), the following terms shall have the meanings set forth below:

• “Buyer(s)”: means any capable adult person or legal entity under private law, whether or not holding a customer account, interested in purchasing Items on Replay Music.
• “Item(s)”: means the musical instruments and accessories offered for sale by a Seller on Replay Music.
• “Catalog”: means all the Items offered for sale by the same Seller on Replay Music.
• “Buyer Protection Fees”: Replay Music offers services to help Buyers find the instrument they want at the best price while ensuring a secure and worry-free shopping experience. This security includes (1) refunds for Items that are undelivered, damaged, or significantly different from their description (when reported within 48 hours of delivery); (2) fraud protection to prevent someone from purchasing in your name without authorization; and (3) Customer Support to answer your questions and resolve any issues. To enable this service to work, Replay Music applies a Buyer Protection fee to each order, amounting to 8.5% of the sale price of each Item (of which 5% is for the Replay Music service and 3.5% is for Financial Transaction fees).
• "Delivery method": delivery is carried out by a carrier proposed by Replay Music or by the Professional Seller depending on the characteristics of the Item. When Replay Music takes care of choosing the carrier, we generate and transmit the shipping note to the Seller by email as soon as possible after the Order.
• “Price” or “Item Price”: means the amount set by the Seller for its Item. This price includes the Buyer Protection Fee (8.5%).
• “Shipping Costs”: means the amount charged to the Buyer to cover the shipping and insurance of the Item. These costs are paid to Replay Music who is responsible for generating the shipping notes.
• "Replay Music": means the online platform managed by the company Replay Music, accessible at the address https://replaymusic.co and enabling the connection between Buyers and Sellers of musical instruments and accessories.
• “Site”: means the website managed by Replay Music, accessible at the address https://replaymusic.co .
• “Transaction”: means the contract between the Seller and the Buyer to receive the Item that was ordered in the expected condition and within a reasonable time against payment of the full amount including the Price of the Item set by the Seller, the Buyer Protection Fee and the delivery costs.
• “User(s)”: means any Buyer or Seller registered on Replay Music.

• “Seller(s)”: means any person (“Individual Seller”) or company (“Professional Seller”) authorized by Replay Music to place an offer of goods or services on the Site. The professional or individual status of the seller is specified on the listing page of any product or service sold on the Site (“Product Page”).

3. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS OF USE

3.1 These T&Cs define the rules for accessing and using https://replaymusic.co and our services. The relationships between Sellers and Buyers are detailed in our General Terms and Conditions of Sale. Unconditional acceptance of the T&Cs is required when creating a User account or placing a first order. We recommend that Users save a copy of the T&Cs for future reference. Use of our services is conditional on acceptance of the T&Cs.

3.2 The T&Cs may be modified periodically. The new T&Cs will apply to all Replay Music Users as soon as they are posted online. We reserve the right to make changes at any time and for any reason. The "last updated" date will be updated for each modification. It is the responsibility of Users to regularly consult the T&Cs to keep informed of any updates.

3.3 In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

4. TERMS AND CONDITIONS FOR CREATING A USER ACCOUNT

Access to the Advertisements offered on the Site is free. A simple visitor can consult the Advertisements published by a Seller without registering on the Site. Registration on Replay Music is open to individual Buyers and individual or professional Sellers. Professional Sellers must provide official documents attesting to their professional status.

4.1 PERSONAL INFORMATION

To register on Replay Music, the User must create an account using a valid email address. Registration automatically results in the opening of an account in the name of the User (the "Account"), giving him/her access to a personal space (the "Personal Space") that allows him/her to manage his/her sales and/or purchases in a form and using the technical means that Replay Music deems most appropriate. By creating a Replay Music Buyer or Seller account, the User declares and guarantees:

• Be at least 18 years old;
• Be legally able to buy and sell;
• Have a valid address in the European Union;
• Accept these general conditions and all contractual documents;
• Be fully responsible for any Transactions carried out;

Users register on the Site by providing all the information marked as mandatory in the form provided for this purpose on the registration page. Any incomplete registration will not be validated. If a User provides false, inaccurate, outdated or incomplete information, Replay Music reserves the right to refuse access to the Site, to suspend or cancel any Transaction in progress. The User undertakes to keep his personal information up to date. He will be held solely responsible for the consequences related to obsolete or incorrect information.

Creating a Buyer account requires providing a name, first name, email address, and password. This data is processed in accordance with our personal data protection policy, which can be viewed on our Site.

Creating a Private Seller account requires providing your first name, last name, email address and telephone number. This data is processed in accordance with our personal data protection policy, which can be viewed on our Site.

The creation of a professional Seller account, Sellers must provide requires providing name, first name, email address and telephone number legal representative, as well as the company name, head office address and intra-community VAT number of the company. This data is processed in accordance with our personal data protection policy, available on our Site.

Each User's password is strictly confidential. The User agrees not to disclose it. In the event of suspicion of unauthorized use of his account, the User must immediately inform Replay Music by email at support@replaymusic.co so that we can suspend all activity on this account.

The User agrees to create only one account. Any creation of an additional account must be the subject of an explicit request and prior authorization from Replay Music.

In the context of a sale with a private Seller, the Buyer accepts that his personal information (name, first name, telephone number, delivery address) is used by Replay Music to generate the delivery note. Replay Music undertakes to preserve the confidentiality of this information.

In the context of a sale to a Seller, the Buyer accepts that his personal information (name, first name, telephone number, delivery address) is transmitted by Replay Music to the professional Seller if the Seller is responsible for generating a delivery note or must contact you if necessary. The execution of the contract between the buyer and the seller justifies the transmission of the relevant information to enable the delivery of the order.

In accordance with the law, the Replay Music site never collects funds from Users during a Transaction, but uses the services of its payment providers OBVY and PayPal to secure financial transactions between individuals and also between professionals and individuals. If the Buyer chooses to pay using Shopify Payments, the funds from the transaction will be transferred to an OBVY or PayPal escrow account belonging to Replay Music in order to then transfer them to the Seller's Obvy or PayPal account.

• OBVY is a simplified joint stock company, whose registered office is located at 9 rue André Darbon in Bordeaux (33000) and registered with the RCS of Bordeaux under number 830 703 658, whose flows and payments are managed and executed by the payment service provider authorized to exercise its activity within the European Economic Area MANGOPAY, a public limited company under Luxembourg law, whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and registered with the RCS Luxembourgeois under number B173459.
• PayPal (Europe) S.à rl et Cie, SCA (RCS Luxembourg B 118 349) is a bank (or a "credit institution" in legal language) duly authorized in Luxembourg. We are supervised by the Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier or CSSF. The CSSF's registered office is at 283 route d'Arlon, L-1150 Luxembourg. The CSSF maintains a register of the organizations it supervises at https://supervisedentities.apps.cssf.lu/index.html?language=en#Home. PayPal has the number B00000351 on the register, but you can also find us by name. Commercial register number: RCS Luxembourg B 118 349.

Replay Music will ask the Seller if he prefers to receive his funds in an OBVY or PayPal account before or at the time of his first sale on the Site. If he does not have either, the Seller must create an OBVY or PayPal account. This account in addition to the Replay Music site User account allows the payment providers OBVY and PayPal to fully fulfill their role as third-party payment providers. To create an OBVY or PayPal account, the Seller will need to provide his identity, an email address and a mobile phone number. This information must be unique: an email address and a mobile phone number cannot be used for several OBVY or PayPal accounts.

When registering, the User of the Replay Music site declares that they have read, understood and agree with the T&Cs of OBVY and PayPal. The User certifies on their honor the truthfulness of the information provided during registration and agrees to create only one OBVY account. For any information on OBVY: OBVY General Terms and Conditions . For any information on PayPal: PayPal General Terms and Conditions.

After its creation, the User can access his OBVY or PayPal account at any time. This may be necessary to complete information on his OBVY Account or to make a bank transfer to his personal bank account. To do this, the User of the Replay Music site simply needs to follow the link accessible from his personal dashboard. The User is responsible for updating the information linked to his OBVY or PayPal account (telephone number, email address, personal information, etc.). The User is aware that the information entered by the User on his OBVY or PayPal account is proof of his identity.

The User is responsible for the confidentiality of the information allowing access to his OBVY or PayPal account. In the event of any unwanted use by the User of his OBVY or PayPal account, the User must immediately inform the Replay Music site via the email support@replaymusic.co so that it can take all measures to resolve the situation. Depending on the case, the User is informed and acknowledges that OBVY or PayPal reserves the right to modify or regularly update the connection information or to delete the OBVY or PayPal account in the event of unauthorized or suspected fraudulent use.

4.2 CLOSURE OF THE USER ACCOUNT

The User may close his account at any time by sending a request by email to support@replaymusic.co . The closure will take effect within a maximum of 30 days following the request, provided that no order is in progress.

Replay Music may close a User's account in the event of refusal of the new T&Cs, creation of multiple accounts or failure to comply with the obligations described in these T&Cs.

5. PRICE OF SERVICES

Our services are free to use for Buyers and Sellers as long as no payment is made. Payments made on Replay Music are intended for Sellers and include Replay Music's Buyer Protection Fee of 8.5% on the sale price of the Item (see 2. Definition for more details).

6. RESPONSIBILITIES AND OBLIGATIONS OF USERS

Without prejudice to other obligations provided for herein, Users undertake to comply with the following obligations.

6.1 RULES OF GOOD CONDUCT FOR ALL USERS

Users agree to communicate only via the tools made available by Replay Music and to contact a Seller only in the event of a real interest in the Item offered. Any Transaction carried out outside our platform will not engage the liability of Replay Music in the event of a dispute.

Users undertake, in their use of the services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

Users are required to comply with their tax and social security obligations relating to Transactions carried out between them (applicable tax and social security regimes, reporting obligations). These obligations and the related penalties are listed on the Websites whose hyperlinks appear below:

• impots.gouv.fr ;
• impots.gouv.fr/portail/node/10841 ;
• social-security.fr ;
• https:// www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie/qui-est-concerne.html

Users acknowledge having read on the Site the characteristics and constraints, in particular technical, of all the services.

They are solely responsible for their use of the services and in particular for the relationships they may establish between themselves and the information they communicate to each other within the framework of the Services, Replay Music only intervening to put them in contact.

It is the responsibility of Users to exercise appropriate caution and discernment in their relationships and communications.

Users also undertake, in their exchanges with other Users, to respect the usual rules of politeness and courtesy.

Users undertake to make strictly personal use of the Services. They therefore undertake not to assign, grant or transfer all or part of their rights or obligations under these terms to a third party, in any manner whatsoever.

Users undertake to provide Replay Music or other Users, within the framework of the Services, only information or data of any nature that is accurate, up-to-date and sincere and that is not tainted by any misleading or deceptive nature. They undertake to update this information so that it always corresponds to the aforementioned criteria.

They undertake to provide Replay Music with all the information necessary for the proper execution of the Services and, more generally, to cooperate actively with Replay Music with a view to the proper execution of these terms.

Users must take the necessary measures to back up by their own means the information in their Personal Space that they deem necessary, no copy of which will be provided to them.

Users are informed and accept that the implementation of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.

6.2 PROHIBITED BEHAVIOURS

It is strictly prohibited to use the Services for the following purposes:

• Carrying out illegal, fraudulent activities or activities that infringe the rights or security of third parties,
• Disturbance of public order or violation of laws and regulations in force,
• Intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, or violate its integrity or security,
• Sending unsolicited emails and/or commercial prospecting or solicitation,
• Manipulations intended to improve the referencing of a third-party Site,
• The collection and aggregation of any information present on the Site without express authorization given by Replay Music,
• Aiding or inciting, in any form and in any manner, one or more of the acts and activities described above,
• And more generally any practice diverting the Services for purposes other than those for which they were designed.

Users are strictly prohibited from copying and/or diverting for their own purposes or those of third parties the concept, technologies or any other element of the Site.

The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Replay Music's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to harm the financial, commercial or moral rights and interests of Replay Music or users of its Site, and finally, more generally, (vii) any breach of these general conditions.

It is strictly prohibited to monetize, sell or grant all or part of access to the Services or the Site, as well as to the information hosted and/or shared there.

6.3 OBLIGATIONS SPECIFIC TO PROFESSIONAL AND NON-PROFESSIONAL SELLERS

The Sellers are solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social, and for all payments of contributions, taxes or duties of any kind that are their responsibility, where applicable, in relation to their use of the Services. Replay Music cannot be held liable in this regard under any circumstances.

Sellers undertake to honor any purchase concluded through the Site and to comply with the regulations in force regarding the sale of products or services to individuals.

In particular, they undertake to inform Buyers of the availability of the Products and refrain from delivering a Product whose characteristics do not correspond to those described in their Advertisement. If the product arrives in a condition significantly different from that indicated by the Seller in the Advertisement, Replay Music reserves the right to have the product returned to the Seller at its expense.

They also agree not to use unauthorized trademarks or any other inappropriate term or sign with the aim of attracting potential Buyers.

The Sellers declare and guarantee that they have the necessary rights and authorizations to market the Products.

They are solely responsible for the proper execution of the sales contract with respect to the Buyers as well as for the quantity, quality and conformity of the Products delivered in relation to their description in the Advertisement.

Replay Music cannot be held liable in this regard under any circumstances.

Sellers guarantee that all documents and information they disseminate on their Ads are accurate, up-to-date and sincere and are not tainted by any misleading nature. Sellers undertake to provide in the Ad creation form a description of the condition of the Item in accordance with the following conditions:

• Like New : New items in their original packaging that have been opened or used. Items in this condition have no imperfections and have never been altered. Otherwise, the item should be listed as in lower condition.
• Excellent : An item that has been used, but has only minor cosmetic defects. Minor surface scratches, such as pick marks from regular use, are acceptable.
• Very Good : An item with more cosmetic imperfections than Excellent, but is nonetheless in very good condition overall. There may be a few small marks, dings, or a scratch from a belt buckle, but nothing that affects playability or function.
• Good : Items that function properly, but have noticeable cosmetic imperfections. A pedal with scratches and dents on its chassis, a guitar with a slightly cracked finish, or a snare drum with a slightly rusted hoop might be in this category. Items with dents, cracks, or corrosion would qualify as Good as long as they remain usable and fully functional.
• Fair : Items with various imperfections that impact the function of the item. Fair items are not broken, but have minor functional issues. Examples of Fair items include: cracking potentiometers on a usable amp or guitar, but which prevent you from playing certain very high notes.
• Poor : Items with clear functional issues that typically require repair. Examples of items in Poor condition include a guitar with a tune that is too high to be usable and a keyboard with many broken keys.
• Not Working : Instruments and devices that simply don't work at all. This could be a guitar with a broken neck or a mixer that won't turn on.

Additionally, Professional Sellers can use these two additional statuses:

• New : Items offered by authorized resellers that are unopened, in a new box, and are covered by the manufacturer's original limited warranty. If you are not an authorized reseller, you cannot select New condition unless you manufactured the item yourself. If you are reselling equipment that you purchased new from a reseller, even if it has never been used, it will automatically be in Mint condition since it may no longer be covered by the manufacturer's original warranty.
• Stock B : Instruments and devices that simply don't work at all. This could be a guitar with a broken neck or a mixer that won't turn on.

They undertake to update this information in their account in the event of changes, so that it always corresponds to the above criteria.

They are solely responsible for any direct or indirect damage they may suffer in the absence of updating this information, the consequences of which they alone assume.

Sellers are solely responsible for the Content they distribute within the framework of the Services.

They guarantee to Replay Music that they have all the rights and authorizations necessary for the distribution of these Contents.

They undertake that said Content is lawful, does not harm public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to give rise to the civil or criminal liability of Replay Music.

The Sellers therefore prohibit themselves from disseminating, in particular and without this list being exhaustive:

• Pornographic, contrary to public order, defamatory, insulting, violent, racist, xenophobic or revisionist content,
• Infringing Content,
• Content that is detrimental to the image of a third party,
• Content that is false, misleading or offers or promotes illegal, fraudulent or deceptive activities,
• Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
• And more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

For the purposes of implementing the Services, the Sellers authorize Replay Music to use their Contents which may be protected by intellectual property rights in accordance with the following terms:

• They consent to its Content being distributed free of charge by Replay Music on the Site,
• They consent to its Content being disseminated by Replay Music by any means and on any medium for the purposes of promoting the Site (for example on social networks),
• They accept that their editorial content be translated into all languages,
• They acknowledge and accept that the Content may be subject to modifications, in particular with regard to their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Site;
• They waive any right to request from Replay Music any remuneration, royalty, indemnity or financial compensation in this regard.

The Sellers acknowledge that the Services offer them an additional, non-alternative, solution for selling their Products and that this solution cannot replace other means that they may have at their disposal elsewhere to achieve the same objective.

Sellers are prohibited from offering pornographic Products, and more generally, any Product contrary to public order.

The Sellers undertake to comply with the law of 6 January 1978 relating to information technology, files and freedoms, as well as all laws relating to commercial solicitations, for their use of personal data of which they may be recipients within the framework of the Services.

6.4 OBLIGATIONS SPECIFIC TO PROFESSIONAL SELLERS

6.4.1 STATUS OF THE PROFESSIONAL SELLER

Professional Sellers must indicate whether they are acting in their own name, as the legal representative of a legal entity or on behalf of a legal entity that they are duly authorized to represent. In the latter two cases, they must be able to provide, at any time, upon request from Replay Music, a power of attorney.

Professional Sellers are required to present themselves as such and not as non-professional Sellers to Replay Music and Buyers by indicating this status on their account and ensuring that this is mentioned on the presentation page of the products they sell on the Site.

6.4.2 OBLIGATIONS TO TRANSMIT CERTAIN INFORMATION TO CONSUMER PURCHASERS

The Professional Seller is required to comply with consumer law and in particular to communicate the following information in a clear and comprehensible manner to Users:

(i) Its name or business name, the address of its head office, its SIREN number,

(ii) telephone contact details and email address;

(iii) The essential characteristics of the Good or service;

(iv) The total cost of the Goods; and/or any other benefit provided instead of or in addition to the payment of a price;

(v) Flat rate delivery charges;

(vi) Payment terms;

(vii) The terms of delivery;

(viii) Where applicable, the terms of termination;

(ix) The existence of the right of withdrawal and the terms of its exercise, in particular the person responsible for the return costs and the cost of returning the Goods when, due to their nature, they cannot be returned normally by post;

(x) The existence and terms of implementation of legal guarantees, in particular the legal guarantee of conformity and the legal guarantee of hidden defects, but also your possible commercial guarantees;

(xi) Where applicable, the existence of after-sales service, cost of remote communication technology, codes of good conduct, financial guarantees and deposits and information relating to contractual conditions; and

(xii) The methods of resolving disputes and the possibility for the consumer to have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

At the latest at the time of delivery, the Professional Seller must provide the Buyer, on a written medium or on any other durable medium:

(i) Confirmation of the information previously given;

(ii) Information on the conditions and terms of the right of withdrawal;

(iii) The address of the supplier's establishment where the Buyer can submit its complaints;

(iv) Information relating to after-sales service and commercial guarantees.

6.4.3 TAX AND SOCIAL OBLIGATIONS

Professional Sellers are required to declare the income generated on the Site to the tax and social security authorities. As a reminder, tax fraud exposes in particular to:

(i) A tax adjustment resulting in the regularization of amounts due (with late payment penalties);

(ii) Fixed fines ranging from 1.5% to 5% on undeclared amounts;

(iii) Criminal sanctions (imprisonment, fine, prohibition from exercising an independent profession or managing a business, deprivation of civic, civil and family rights, confiscation penalties).

7. RESPONSIBILITY AND WARRANTY OF REPLAY MUSIC

Replay Music undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

Replay Music strives to ensure the accuracy and updating of the information provided by Users within the framework of the Services, although this information may be incorrect. Replay Music only acts as a hosting provider and cannot be held responsible for the Contents, the authors of which are third parties, any possible claim must be directed first to the author of the Contents in question.

Content that is harmful to a third party may be notified to Replay Music by email at support@replaymusic.co and in accordance with the terms set out in Article 6 I 5 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, Replay Music reserving the right to take the measures described in the Article “Sanction for breaches”.

Replay Music acts in its own name and does not enter into any legal act in the name and on behalf of Buyers or Sellers, who contract directly with each other.

Replay Music does not guarantee the completion of Transactions, nor the proper execution of contracts concluded between Buyers and Sellers. It also does not offer any guarantee to Sellers in terms of outlets or customer volume, nor is it liable to Sellers for any guarantee as to the number and diversity of Products offered for sale.

Replay Music is not a party to the contracts concluded between Sellers and Buyers and may not under any circumstances be held liable for any difficulties that may arise during the conclusion or execution of these contracts.

Replay Music is also not in physical possession of the Products sold through the Site by Sellers. It therefore provides no guarantee regarding (i) the compliance of the Offers with the laws and regulations in force (ii) the compliance of the Products, their packaging and/or labeling with the legal and regulatory provisions (iii) the compliance of the delivery of the Products with the contractual stipulations and the existence of possible hidden defects, (iv) the risks related to the transport, storage, their conservation and delivery of the Products, or (v) compliance with hygiene and maintenance rules, particularly with regard to the distribution locations.

Replay Music declines all responsibility in the event of any loss of information accessible in the Users' Personal Space, which they must save a copy of and cannot claim any compensation in this regard.

Replay Music undertakes to carry out regular checks to verify the operation and accessibility of the Site. As such, Replay Music reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Replay Music cannot be held responsible for temporary difficulties or impossibilities of accessing the Site that may originate from circumstances beyond its control, force majeure, or that are due to disruptions to telecommunications networks.

Replay Music does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be totally free from errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User based on their own personal constraints, will specifically meet their needs and expectations.

In any event, the liability that may be incurred by Replay Music under these terms is expressly limited to only proven direct damage suffered by Users.

8. OPTIONAL ITEM VERIFICATION AND TESTING SERVICE

Buyers can purchase an additional optional service of musical instrument verification by a certified expert (e.g. a luthier for a guitar) to ensure the conformity of the instruments to their listing on our platform. When you choose this service, the instrument is directly delivered to the expert closest to you, in order to allow you to benefit from a test of the instrument directly in the expert's workshop. Please note that the instrument is not delivered to your home. We will contact you before shipping to ensure that the delivery address is suitable for you.

This service may be added to your shopping cart at the same time as the physical Item sold by a particular seller. You can learn more about this service by consulting the general terms of sale, available either on the product page that describes the service or on the page hosting all the general terms of sale.

9. CLAIMS

For any dispute or claim regarding the Items, we strongly recommend favoring amicable resolution. The settlement of disputes between Sellers and Buyers through dialogue is to be favored for a better resolution. The Buyer can contact the Seller via his personal space to process his claim. Replay Music remains at the disposal of both parties to facilitate these exchanges in the event of difficulty. You can contact us by email at support@replaymusic.co .

In the event of a dispute relating to these General Terms and Conditions and/or the services provided by Replay Music or other Users, Sellers and Buyers have the option of using a consumer mediator free of charge in accordance with the legal provisions in force. A list of approved mediators is available on the Consumer Mediation Website: http://www.economie.gouv.fr/mediation-conso . The User may also file a complaint via the online dispute resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.show&lng=FR

10. SANCTIONS FOR BREACHES

In the event of a breach of any of the provisions of these general conditions or, more generally, of an infringement of the laws and regulations in force by one of the Users, Replay Music reserves the right to take any appropriate measure and in particular to:

• Suspend, delete or prevent access to the Services of the User who committed the breach or infringement, or who participated in it,
• Delete any content posted on the Site,
• Publish on the Site any information message that Replay Music deems useful,
• Notify any relevant authority,
• Take any legal action.

In the event of a breach by Users of an essential obligation arising from these general conditions, Replay Music reserves the right to terminate their access to all or part of their access to the Services, 15 days after receipt by Users of a formal notice that has remained without effect, sent by registered letter with acknowledgment of receipt, stating the intention to apply this clause, without prejudice to any damages that may be claimed from Users. It automatically results in the deletion of the Users' Account, without prejudice to any other consequences that may result from the application of these general conditions.

11. INTELLECTUAL PROPERTY RIGHTS

The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, databases, etc.) operated by Replay Music within the Site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Replay Music are strictly prohibited and may be subject to legal action.

12. COMMERCIAL REFERENCES

The Sellers expressly authorize Replay Music to cite them and to use, where applicable, the reproduction of their brands or logos as commercial references, in particular during events or demonstrations, in its commercial documents and on its Website, in any form whatsoever.

13. PERSONAL DATA

Replay Music practices a personal data protection policy, the characteristics of which are explained in the document entitled “Charter relating to the protection of personal data”, which the User is expressly invited to read.

14. DURATION OF SERVICES, UNSUBSCRIPTION

The Services are subscribed for an indefinite period.

Users may unsubscribe from the Services at any time. They can request this by writing an email to support@replaymusic.co. We undertake to delete your account within two business days of receiving your request.

Unsubscription is effective immediately, subject to current purchases. It results in the automatic deletion of the User Account.

15. ADVERTISEMENT

Replay Music reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Replay Music will be the sole judge.

16. LINKS AND THIRD PARTY SITES

Replay Music may not under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) which the User may access via the Site.

Replay Music assumes no responsibility for the content, advertisements, products and/or services available on such third-party Sites and mobile applications, which are reminded to be governed by their own terms of use.

Replay Music is also not responsible for Transactions between the User and any advertiser, professional or trader (including its potential partners) to whom it may be directed via the Site and may not under any circumstances be a party to any potential disputes with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

CONTACT US

For any complaints regarding our platform or services, or to obtain additional information, please contact us at the following address:

SAS Replay Music, 10 Rue Émile Zola, 17000 La Rochelle, France

Email: support@replaymusic.co