Terms of Sale of Replay Music
- Preamble
1.1 These general conditions of sale govern the contractual relationship between a Buyer and a Seller, resulting from the purchase of an Item on the Replay Music Site https://replaymusic.co ( the “Site”) .
1.2 The Site and the Services are operated by the company 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 ”).
Replay Music can be contacted at the following contact details, in particular for any complaints:
- Postal address: 10, rue Emile Zola (17000)
- Email address: support@replaymusic.co
- Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these presents:
- “Buyer(s)”: means any adult person(s) with the capacity to perform legal acts as well as any legal person(s) under private law, holder(s) of a customer account.
- “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”).
- “Article(s)”: concerns the musical instrument(s) and accessory(ies) offered for sale by a Seller on the Replay Music Site, which correspond(s) to the criteria defined in Article 8.2 of the General Conditions of Use of Replay Music and which constitute the object of the contract between the Seller and the Buyer.
- “Catalog”: represents all the Items offered for sale on the Replay Music Site by the same Seller.
- “Contract”: this document, including its preamble and its annexes as well as any amendment, substitution, extension or renewal made to this document;
- “Consumer”: any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
- “Order”: request for Goods or Services made by the Customer to the Seller.
- “Buyer Protection Fee”: 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 Time”: period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;
- “Expert”: a professional who performs the Replay Music verification service. The service is purchased optionally in addition to a musical instrument or audio equipment eligible for the service and sold by a private Seller.
- “Delivery”: shipment of the Item;
- "Shipping Costs": means the price that will be charged to the Buyer for the shipping and insurance of the package on the value of the instrument transported. Some professional Sellers issue the shipping voucher themselves. For private Sellers, Replay Music takes care of generating the shipping vouchers with the shipping costs paid by the Buyer when placing the Order;
- "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 is responsible for choosing the carrier, we generate and send the shipping note to the Seller by email as soon as possible following the Order.
- “Price”: the unit value of a Good or Service; this value is inclusive of all taxes and does not include Delivery Costs;
- “Total Price”: the total amount of the cumulative Prices of the Goods and Services which are the subject of the Order; this amount is inclusive of all taxes;
- “All-Inclusive Price”: the Total Price to which is added the price of the Delivery Charges; this amount is inclusive of all taxes;
- “Services”: any service offered for sale on the Site;
- “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 has been 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;
- “Territory”: countries in which a User can buy or sell an Item on Replay Music;
- “User(s)”: means a Buyer(s) or Seller(s) interested in the services offered by Replay Music;
References to Articles are references to Articles of this Agreement, unless otherwise provided. Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.
- SCOPE OF APPLICATION
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 ”).
In its capacity as an intermediary (i.e. when the Item or Service is not sold by Replay Music), the role of Replay Music is limited to putting Buyers and Sellers in contact, and to providing the Services offered on the Site. Replay Music is not a reseller of the physical Products offered by the Sellers (clearly identified on the Site, as specified in the Definition of "Seller"). Users act under their sole and entire responsibility.
Replay Music acts as a Seller for the Optional Professional Instrument Verification Service in which we use external service providers.
Sellers and Buyers are hereinafter jointly referred to as “ Users ”.
These General Terms and Conditions of Sale ("GTC") govern the contractual relationship and define the rights and obligations between (i) Replay Music and its Users on the one hand and between (ii) Sellers (professionals and individuals) and Buyers following a sale made on the Site. Buyers are considered consumers, within the meaning of the law and case law, acting exclusively on their own behalf and domiciled in the European Union.
These general conditions are accessible and printable at any time via a direct link at the bottom of the Site page.
The applicable version of the general conditions is that available online on the Site on the date of the Buyer's Order.
The T&Cs are supplemented by the General Terms and Conditions of Use (“GTC”) for certain Services offered on the Site, which supplement these general terms and conditions and, in the event of a contradiction, prevail over the latter. The GTC are also available on the Site.
- ACCEPTANCE OF GENERAL CONDITIONS
These General Conditions of Sale are applicable to all sales of Goods and Services by a Seller made through the Site.
The Buyer declares having read these General Conditions of Sale before Validating the Order by checking a box in the shopping cart. Since Validation of the Order is impossible without checking this box, it therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale. Any acceptance subject to reservation is considered null and void.
Any User who does not agree to be bound by these general conditions must not access the Site or use the Services.
- ACCESS TO THE SITE AND SERVICES
The Site and the Services are accessible:
- To any natural person with full legal capacity to enter into a commitment under these general conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the agreement of their legal representative.
- To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
- CREATION OF BUYER AND SELLER 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.
Any User may create a Buyer account according to the terms described in the General Conditions of Use of the Site; however, this type of account is not mandatory to be able to purchase on Replay Music.
To be able to sell an Item on the Replay Music Site, you must create a Seller account according to the terms described in the General Conditions of Use of the Site.
- ORDERING GOODS AND SERVICES ON THE SITE
7.1. PLACING THE ORDER
In order to complete the Order, Buyers must follow the following steps:
- Select the Product(s) of their choice from the Advertisements published by the Sellers and place them in the shopping cart. In the event of prolonged inactivity when connecting, it is possible that the selection of Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to start their selection of Goods and Services again from the beginning;
- Access the summary of their basket at any time until their purchase is definitively validated and can correct any errors in the elements entered.
- Check the box to accept the general conditions of sale and use on the shopping cart page;
- Access the form to indicate their Delivery and billing address(es) and to choose their payment method;
- Choose the Delivery method;
- Confirm your Order by making payment according to the instructions of the online payment server to pay the All-Inclusive Price;
Replay Music informs the Seller by email of the Buyer's Order. The Seller confirms via his Seller Account that the Item is available within 72 hours of receiving this email. His acceptance is firm and irrevocable.
Replay Music may request supporting documents depending on the amount of the Transaction to definitively validate the Order. They will be provided to Replay Music electronically. In the event of non-provided or non-compliant supporting documents, Replay Music reserves the right to cancel the Order. Without a counter-order from Replay Music, from the acceptance of the Seller, the sale is concluded and deemed perfect.
In the absence of a response from the Seller within the allotted period of 48 hours (two working days), the sales contract may, except in exceptional cases, be considered null and void and the Buyer released from any commitment. The Buyer's Order is then cancelled, and no debit from the Buyer's bank card will take place.
7.2 PRICE AND PAYMENT OF THE ORDER
7.2.1. PRICE OF PRODUCTS AND SERVICES
The prices of the Products and Services and the due date for their payment are displayed on the Advertisement, under the exclusive responsibility of the Sellers. Unless otherwise stated, the prices are indicated in Euros. The applicable price is the one displayed in the Advertisement at the time of the purchase transaction.
Unless otherwise stated in the Advertisement, the price is indicated including all French taxes, the Sellers being responsible for the declarations and payments relating to the VAT included in the price.
When sold by a Professional Seller, the Products are delivered with their invoices, duly addressed to the attention of the Buyers.
7.2.2. PAYMENT OF THE ORDER
The Buyer can pay by Bank Card or by bank transfer (depending on the amount of the Transaction. The payment of the All-Inclusive Price by the Buyer is carried out via one of the following secure payment services, which alone keep the bank details for this purpose. Replay Music does not keep any of the Buyers' bank details.
- Shopify Payments
- PayPal
- Obviously
- Or any other service made available by Replay Music in the future
Users contract directly with these payment services regarding the implementation of these payments and accept their general conditions.
Buyers are debited, by transfer to the electronic wallet attached to the Advertisement, when Sellers confirm the availability of the Products purchased. They proceed to the Delivery of the Products, in compliance with the deadline indicated on the Site and running from the confirmation of availability of the Products.
The amounts credited to the electronic wallet attached to the Advertisement are transferred to the Sellers' electronic wallet upon Delivery of the product.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes Replay Music to debit his bank card for the amount corresponding to the All-Inclusive Price.
For this purpose, the Customer confirms that he is the holder of the bank card or means of payment to be debited and that the name on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated by operation of law and the Order will be cancelled.
Replay Music implements all means to ensure the confidentiality and security of data transmitted on the Site by using reputable payment services which keep payment details confidential.
7.2.3. OPERATION BY ESCROW ACCOUNT
As a marketplace, Replay Music is subject to European regulations governing the making of the Buyer's payment in order to be able to act in the event of a risk of late Delivery of the Items sold, a dispute or a request for reimbursement.
The Buyer will pay online for the goods and/or services on the Replay Music Site and the funds will then be transferred to OBVY or PayPal. This payment intermediary will then collect and escrow the funds until the Order is completed, i.e. validated by the Buyer on Replay Music. Depending on the amount of the Transaction, the Seller may be asked for supporting documents to be returned in order to obtain final validation of the Transaction. At the end of the Order, the amount of the Transaction, less the Replay Music Buyer Protection Fees, is transferred to the Seller. More information is available in our general terms of use.
7.3. DELIVERY OF THE ARTICLE
7.3.1. DELIVERY METHOD
The Buyer chooses one of the Delivery Methods offered on the Site when placing the Order. When the Seller chooses to offer Delivery Methods through the Easyship solution in his Seller account, Replay Music will send the Seller a prepaid Delivery note so that he can proceed with the Delivery of the Item once the Order has been paid by the customer and the availability of the Items has been confirmed by the Seller. In order to guarantee the proper Delivery of the Item, the transport option with prepaid voucher must include insurance on the value of the Item transported in order to cover transport risks.
When the Seller offers its own Delivery solution outside of Easyship, the conditions of Delivery of the Products are determined between the Buyers and the Sellers, under their sole responsibility.
7.3.2. PREPARATION AND SHIPPING
The Seller is solely responsible for the proper execution of the obligation to deliver the ordered Item. The Seller undertakes to send the Item properly packaged within 48 hours (2 working days) following confirmation of the order or receipt of the prepaid Delivery note, when provided by Replay Music. Consequently, in the event of complaints relating to the Products and their Delivery, Buyers undertake to contact the Sellers directly. In the event of non-compliance by the Seller with the shipping conditions expressed herein, Replay Music will examine on a case-by-case basis any problems encountered during a Transaction within 15 days.
7.3.3. DELIVERY ADDRESS
The Customer chooses a Delivery address necessarily located in the Territory, under penalty of refusal of the Order. The Customer is solely responsible for a failure to Deliver due to a lack of indication when placing the Order.
The Products are delivered to the Delivery address indicated by the Buyers during the Order for the products.
In the specific case where a Product is purchased with an additional and optional musical instrument verification service, it will be delivered to a Replay Music partner expert who is close to the Delivery address indicated by the Buyer when Ordering the product. We will communicate the final Delivery address to you by email before Delivery.
7.3.4. AMOUNT OF DELIVERY COSTS
The amount of the Delivery Charges depends on the Seller, the Destination, the Product, the Order Amount and the Delivery method chosen by the Customer. In any event, the amount of the Delivery Charges is indicated to the Customer before the Validation of the Order.
7.3.5. DELIVERY TIMES
Delivery Times may vary depending on the availability of the Goods that were the subject of the Order. The maximum time for a Delivery may not exceed 30 days.
Delivery Times are understood to be in working days and correspond to the average times for preparation and delivery of the Order in the Territory.
Delivery Times run from the date of Confirmation of the Order by the Seller.
7.3.6. DELAY IN DELIVERY
In the event of a delay in Delivery, the Order is not cancelled.
The Seller informs the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send by [Methods of cancellation of the Order, in the event of a delay in Delivery (e.g.: email...)] to the Seller a notice of cancellation of the Order.
In the event that the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery is blocked and the Customer is reimbursed for any amounts debited within fourteen days of receipt of the cancellation notice. In the event that the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the amounts debited, less any return costs, within fourteen days of receipt of the return of the refused package complete and in its original condition.
7.3.7. DELIVERY TRACKING
The Buyer can track the progress of the processing and Delivery of the Order using the tracking services made available by the carrier.
7.4. RECEIPT OF THE ITEM AND CHECKS REQUIRED UPON ARRIVAL
The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is the Customer's responsibility to issue any reservations and complaints that he deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery note, the Customer must inform support@replaymusic.co by email and return the Goods to the address provided by the Seller.
Buyers must ensure that the contact details they provided when entering their Delivery address are correct and that they allow them to receive the Products purchased. In the event that the Buyer purchases the Instrument Verification Service presented in Article 10 of these General Terms and Conditions in addition to an Item, the Delivery of the Item will be made directly to the workshop of the Replay Music Partner Expert. The Buyer will then be required to collect the Item in person from the Expert's workshop. We will contact you before shipping the Item to confirm that this is suitable for you. If this is not the case, we will offer you either (i) to proceed with the Delivery to your home without the Instrument Verification Service, or (ii) to cancel the Order and be reimbursed.
7.5. OTHER SERVICES
Replay Music reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
- FINANCIAL CONDITIONS
8.1. PAYMENT IN FAVOR OF THE SELLER
The Seller authorises Replay Music to collect, in its name and on its behalf, the amount of the Transaction, via the existing payment service provider chosen by the customer or any other means of payment that Replay Music may establish in the future.
8.2. REPLAY MUSIC REMUNERATION
Registration on the Site and the Ad creation and management Services are provided free of charge. Replay Music receives a Buyer Protection Fee of 8.5% and a maximum amount of 1000 (one thousand) Euros calculated on the sale price including tax of each Item. These Buyer Protection Fees are explained in Article 2. Definitions.
Replay Music will invoice Buyer Protection Fees to Buyers by any useful means. For Professional Sellers, Replay Music invoicing being VAT-free, no VAT will be applied.
Replay Music Buyer Protection Fees are only payable in the event of actual Delivery of the Items ordered and provided that the sale is not cancelled for any reason.
Replay Music reserves the right, at its sole discretion and according to terms of which it will be the sole judge, to offer promotional offers or reductions in Buyer Protection Fees.
8.3. TRANSFER OF TRANSACTION FUNDS
Replay Music will transfer to the Seller's bank account the amount of the Price of the Item fixed by the amount at the time of the Transaction.
- Private Seller : three days after receipt of the Item, unless the Buyer reports a problem with the Item.
- Professional Seller: fifteen days after receipt of the Item by the Buyer, in the absence of confirmation of receipt by the Buyer.
The Seller waives any claim to interest potentially generated by the holding of sums collected by Replay Music in its name and on its behalf during a sale.
- RIGHTS AND GUARANTEES FOR PURCHASES MADE FROM PROFESSIONAL SELLERS
9.1 RIGHT OF WITHDRAWAL
After having ordered and paid for an Item via Replay Music's secure payment from a professional Seller and in accordance with Article L 121-21 of the Consumer Code, Buyers are informed that they have a period of 14 calendar days from the date of actual Delivery or collection of the Items ordered to exercise their right of withdrawal, without penalty and without reason, with the exception of return costs. In the event that this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
From the day of exercising his right of withdrawal, the User has an additional period of 14 days to return or deliver the Goods to the Seller.
To make a withdrawal, the Buyer must send an email to support@replaymusic.co to obtain the withdrawal form which must be completed and returned to Replay Music electronically: support@replaymusic.co or by post to: Replay Music, 10 rue Emile Zola, 17000 La Rochelle.
The cost of returning the Goods shall be borne by the Buyer and the return of the Goods shall be at their own risk.
From the communication by the Buyer of proof of shipment allowing Replay Music to track the return of the Item. As soon as the Seller has informed Replay Music of the correct receipt of his returned Item, Replay Music will proceed to reimburse the Buyer for the amount of the Transaction within 14 days. In the event that the Seller does not respond, Replay Music will proceed to validate the receipt of the Item using the Delivery tracking number provided by the Seller and will proceed to reimburse the Price of the Item to the Buyer.
The refund will be made by crediting the Buyer's bank card.
To this end, professional Sellers expressly acknowledge that they are solely responsible for complying with their information obligations towards Buyers on the conditions, time limit and methods of exercising this right, as well as providing Buyers with a withdrawal form.
The Customer who wishes to exercise his right of withdrawal must return the Item(s) within the aforementioned period, in their original packaging and in the same condition as when they received them.
9.2 LEGAL GUARANTEES OF CONFORMITY
The Professional Seller must guarantee the Buyer against defects existing before purchase:
- The Good is unfit for the use usually expected of a similar Good;
- The Property does not correspond to the description given by the Professional Seller;
- The Property does not have the qualities announced by the Professional Seller or agreed with the Buyer;
- The Property does not have the characteristics mutually agreed upon by the Buyer and the Professional Seller and is unfit for any special use sought by the Buyer, brought to the attention of the Professional Seller and which the latter has accepted.
The legal guarantee of conformity is valid for 2 years from the Delivery of the Goods to the Buyer. In accordance with Article 217-3 of the Consumer Code (former Article 217-12 of the Consumer Code), the Buyer may notify the Professional Seller of the defect within 2 years from the delivery of the Goods.
Any defect appearing within this period is presumed to have existed upon Delivery, unless incompatibility with the nature of the Goods themselves. The consumer may choose between repair or replacement of the Goods under the conditions provided for in Article L.217-9 of the Consumer Code.
The legal guarantee of conformity does not apply when you were aware of the defect or could not ignore it at the time of purchase because the advertisement and photos published on Replay Music mentioned it or the Seller informed you of it.
9.3 LEGAL GUARANTEES AGAINST HIDDEN DEFECTS
In accordance with Article 1641 of the Civil Code, the Buyer benefits from this guarantee within 2 years from the date of Delivery of the Goods purchased from a Professional Seller. The Buyer must prove that the defect/fault existed on the date of purchase.
- RIGHTS AND GUARANTEES FOR PURCHASES MADE FROM NON-PROFESSIONAL SELLERS (“PRIVATE SELLERS”)
10.1. STANDARD LEGAL WARRANTY
Since the offer is not proposed by a professional, the buyer does not benefit from the legal guarantee of conformity of Articles L. 217-4 et seq. of the Consumer Code. However, the contract remains subject to the regime of the sales contract provided for in the Civil Code. In particular, the defects of the Item sold are covered by the guarantee of hidden defects of Articles 1641 et seq. of the Civil Code, subject to the stipulation by the Seller of an exclusive guarantee clause. In addition, the failure to deliver the Item sold, and the non-compliance with the contractual stipulations of the Item delivered, remain covered by the delivery obligation incumbent on the Seller under Articles 1604 et seq. of the Civil Code.
10.2. ADDITIONAL REPLAY MUSIC WARRANTY FOR AN ITEM SOLD BY A PRIVATE SELLER
To provide additional protection when an Item is purchased from a particular Seller, Replay Music offers Buyers a “Satisfied or Refunded” guarantee for all Items in the Catalog.
The return of an Item that benefits from this guarantee is permitted when the Item does not correspond to the Advertisement posted online by the Seller as part of a direct shipment between the Seller and the Buyer. The Buyer must inform Replay Music by email at support@replaymusic.co within 48 (forty-eight) hours of receiving the Item. After this period, the additional guarantee will no longer be applicable.
An Item is non-compliant when it does not substantially match the description made by the Seller in the Advertisement and/or in the context of its exchanges with the Buyer. For example, the Good is not the one identified in the Offer of Sale, the Good is damaged or defective without this having been specified in the Seller's Advertisement and/or in the context of its exchanges with the Buyer.
For this Guarantee of Conformity to be applied, the Buyer must contact Replay Music at support@replaymusic.co and provide evidence (photo, video) highlighting that the Item is significantly different. If we deem your claim valid, we will provide you with a prepaid return voucher guaranteeing the return of the Item with transport insurance. The return of the Item will be made to the Seller, who will also have to pay the return costs.
Once the Seller has informed Replay Music of the correct receipt of the returned Item, Replay Music will reimburse the Buyer for the amount of the Transaction within 14 days. In the event that the Seller does not respond, Replay Music will validate receipt of the Item and will reimburse the Price of the Item to the Buyer.
The refund will be made by crediting the Buyer's bank card.
10.3. OPTIONAL SERVICE OF PROFESSIONAL VERIFICATION OF INSTRUMENTS
10.3.1 PRESENTATION
When you add an Item to your shopping cart, Replay Music offers you an optional Instrument Verification service. This service allows Buyers to ensure that the instrument or audio equipment via our platform complies with the description of the particular Seller. The instrument verification is carried out by a professional and includes a visual and functional assessment of the instrument, as well as a report to ensure the transparency of each Transaction.
In the event of non-compliance or dissatisfaction, a return process is provided to protect the interests of our Buyers.
The price of the service varies depending on the instrument being checked and the professional performing the service. It is added to the All-Inclusive Price of the Transaction and is clearly communicated (i) on the product page, (ii) in your shopping cart and (iii) on the Order confirmation page.
This service is available for Purchases delivered to mainland France, excluding Corsica .
10.3.2 OPERATION
What Buyers Need to Know .
- Service Availability: Eligible Items are identified by the presence of the Item Verification offer below the instrument's purchase button on the product page. However, if a listing is modified by the Seller after it has been published, it may no longer be eligible for Item Verification.
- Seller and service provider: This service is sold by Replay Music. We select our providers after a precise evaluation of the quality of their service.
- Price Communication: The price of the Item Checkout is displayed on the product page. You will be able to review the price before paying in your shopping cart and on the Order confirmation page.
- Choice and location of the expert: the Buyer indicates his home address at the time of payment. Replay Music will contact you following your Order to provide you with the address of the expert closest to your home and confirm that you agree to collect your Order at this address. We will send you a confirmation email following your acceptance. If you refuse this address and no alternative solution suits you, Replay Music will cancel the Order and refund you the full amount.
- How the service works: the expert ensures that your Order has been received in his workshop, then performs a visual inspection of the instrument and its components, and finally tests its operation and playability. If the Item successfully passes the verification process , you are notified by email that you can collect it for 7 days. But if it does not pass the verification process (either because it is significantly different from the advertisement, or because it was damaged during transport) the Transaction is cancelled; the Buyer then receives a full refund of the Transaction within 14 days, including the price of the Item, the cost of Delivery and the verification service.
- Try-on and Pick-up in Store: When you pick up the Item from the expert's workshop, you can try it on site for 15 minutes to confirm that you like it. After the try-on, you will have the option to ask the expert to return the Item at your expense if you do not like it (more details below).
- Your return rights when you purchase the Expert Review service:
- When the Item does not satisfy you : although it is judged to be in accordance with the advertisement by the Replay Music expert, you do not like the Item. Thanks to the Item verification service, you can ask the expert to return the Item. We will refund you the Price of the Item within X days, deducting the return costs, identical to those of the initial Delivery between the Seller and the Expert. Please note that the costs of the initial Delivery and the verification service will not be refunded to you because the Expert will have been able to confirm beforehand that the Item is not significantly different from the advertisement.
- Where the Item is Significantly Different from the Description : If you wish to return an Item because you believe that it is a Item that is Significantly Different from the Description, you will need to provide a detailed explanation, in person, directly to the Expert, for them to re-Check the Item. If the Expert changes their original opinion , the Expert will return the Item to the Seller and we will refund the All-Inclusive Transaction Price. If the Expert maintains their original opinion , you will have the choice of keeping the Item or having it returned under the same circumstances as in the previous paragraph (“ When the Item does not satisfy you ”).
What Sellers Need to Know .
- There is no opt-out: You cannot opt out of a Buyer purchasing an Item Verification for your Item if it is eligible, as Item Verification is a service we provide to the Buyer.
- Lost or damaged items: If the Item is lost or damaged during transport despite good packaging or in the expert's workshop during its inspection, we will reimburse the Buyer and compensate the Seller for the full price of the Item.
- In case of doubt about authenticity: If there is reason to doubt the authenticity of an Item, Replay Music or the Expert may ask you to provide evidence of the authenticity of the Item. We will make the final decision as to whether we can verify the authenticity of an Item.
- Consequences of rejection : If the Item does not pass the verification process successfully (either because there are reasons to doubt the authenticity of the Item or because it does not comply with the sale announcement or the Catalog Rules), the Transaction will be cancelled and the Item will no longer be advertised on our Site. If we have to return the Item to you, you will first have to pay the return shipping costs (Delivery with insurance by a recognized carrier). We will inform you in advance of the cost of the return as well as the payment terms. We will not be able to return the Item until you have paid these return shipping costs.
Replay Music's responsibilities regarding Article Verification .
- Verification of the conformity of the Article to the advertisement: our service providers will fulfill this service with prudence, professionalism and on the basis of objective criteria (knowledge of the brand, additional information provided by the Seller on the Advertisement). The brands and manufacturers do not endorse this Replay Music service and are not associated with it in any way.
- Our liability: Replay Music assumes liability for any damage caused by the intentional actions or serious errors of our service providers, in accordance with the law. This includes situations where there is an injury to life, body or health, and where there is a legal obligation. If we fail to comply with important contractual clauses, our liability is limited to the foreseeable damage typical of the agreement. Replay Music, as well as our service providers, will not be held liable beyond these limits.
- Sending Items Abroad: You may be required to send your Item to another country for verification purposes. Import and export rules and procedures may apply in this specific case.
- Confiscation or destruction: If the Item is taken from us by legal authorities (for example, in the case where the Item has been stolen and you are not its true owner), we will not be able to return it to you (whether you are the Buyer or the Seller of the Item) and we will follow the legal procedure. We are not liable to compensate you for the loss of the Item in this specific case, unless a law imposes such liability.
- Unexpected Events: If an event beyond our control occurs (such as natural disasters, fighting – whether war has been declared or not – riots, explosions, fires, floods, earthquakes or epidemics), we will not be responsible for any delays or problems. We will do our best to keep you informed and resolve the problem as soon as possible.
- Uncollected Items: If you do not collect the Item from the Expert’s workshop within 7 days of our email notification, we will contact you by phone and email to remind you that your Item is ready for collection. If this second attempt is unsuccessful within 7 days and you do not show up at the Expert’s workshop, you waive your right to receive the Item under these Terms and Conditions of Sale and we may dispose of, sell or reassign the Item. We will inform you of these legal consequences in the aforementioned notification. You are also responsible for any additional costs resulting from the failed Deliveries. If the Item cannot be delivered to the Seller, the Buyer authorises us to take the aforementioned actions and exercise the aforementioned rights on behalf of the Buyer in relation to the Seller.
In the event that the Seller does not respond, Replay Music will proceed to validate the receipt of the Item, by consulting the carrier's website, and will proceed to reimburse the Price of the Item to the Buyer. The reimbursement will be made by crediting the Buyer's bank card within 14 days from the Delivery of the Item.
You can use your Right of Withdrawal and request a refund of the instrument verification service for 14 days if you change your mind. However, this right of withdrawal does not apply when the service has been fully performed before the end of the withdrawal period and the performance has started.
- APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of the city of La Rochelle will have exclusive jurisdiction to rule on it, unless there are mandatory procedural rules to the contrary.
- 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 Emile Zola
17000 La Rochelle
France
Email: support@replaymusic.co