Terms and Conditions of Sale

It is hereby specified that these terms govern the sales by FREE-SONS (Thierry Lecompte), a sole proprietorship with its registered office at 979 route de Cabasse – 83340 Le Luc, registered with the Trade and Companies Register of Draguignan under number 325 639 953, of all products offered for sale on their website www.beawareofmusix.com (hereinafter the “Site”), including the songs, albums and merchs.

Before this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2, and L. 141-1 of the Consumer Code, these terms of sale are made available to any buyer for informational purposes.

You declare that you have read and accepted these General Terms and Conditions of Sale before your immediate purchase or placing your order.

These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to your purchase is the one in force at the time of the immediate purchase or order placement.

The validation of your order implies acceptance without reservation of these General Terms and Conditions of Sale.

ARTICLE 1 – PRICES

The prices of our products are indicated in euros, all taxes included, excluding participation in processing and shipping costs. As for the price of books, it is established in strict compliance with the Lang law 81-766 of August 10, 1981.

All orders, regardless of their origin, are payable in euros or US dollars.

The products will be invoiced based on the rates in effect at the time the orders are recorded. In case of a mismatch with the commercial law, in which case you will be notified of this modification.

The products remain the property of the Seller until full payment of the price.

ARTICLE 2 – ORDER

Orders and pre-orders are placed on the Site by clicking on the “Add to Cart” or “Pre-order” button.

The sale is considered concluded on the date of acceptance of the order or pre-order by the Seller.

Contractual information is presented in the French language and will be the subject of a confirmation that includes this contractual information no later than at the time of delivery.

The Seller reserves the right to cancel or refuse any order or pre-order from a customer with whom there is a dispute regarding the payment of a previous order.

ARTICLE 3 – VALIDATION

You declare that you have read and accepted these General Terms of Sale before placing your order. The validation of your order thus implies acceptance of these General Terms of Sale.

Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions conducted between the Seller and its customers.

ARTICLE 4 – AVAILABILITY

Our product offers and prices are valid as long as they are visible on the Site, within the limits of available stock. In this context, information on product availability is provided at the time of placing your order.

However, in exceptional cases, there may be simultaneous orders or stock errors rendering the ordered product unavailable.

In the event of a product’s unavailability after the order is placed, we will inform you by email or mail as soon as we receive information from the suppliers. If you wish, your order can be canceled, and you will be immediately refunded if your bank account has been debited.

ARTICLE 5 – DELIVERY

The Seller delivers only in metropolitan France. For more details, please refer to our pricing conditions: Shipping

Shipments are made from Monday to Friday. The products are delivered to the delivery address you provided during the order process. The delivery times are indicative and do not constitute a contractual document.

The products are sent, according to your choice, via Colissimo home delivery (48-72 hours – working days, for Metropolitan France), by Chronopost home delivery or relay parcel (24 hours – working days, for Metropolitan France), or via Mondial Relay in relay parcel (2 to 5 days – working days, for Metropolitan France).

In the event of a shipping delay, you will be notified by email. In this case, as long as the preparation of your order has not started for shipment, you can request its cancellation and refund.

CAUTION: In the event that the order includes one (or more) pre-ordered product(s) as well as one (or more) product(s) already available, the entire order will be put on hold and will only be shipped when all products are available.

If you wish to receive the available product(s) immediately, you will need to place two separate orders.

ARTICLE 6 – PAYMENT

Payment for your purchases is made by credit card or PayPal.

Payment by credit card (3D-Secure) is made when placing the order.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the current legal provisions, you have a period of 14 calendar days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or pay penalties.

You must inform the Seller of your decision to withdraw by sending an email before the end of the fourteen-day period. Please contact us via the contact form, indicating “I want to return an item” and the reason for withdrawal.

Once this notification is sent, you have another period of 14 days to return the product(s) concerned by registered mail or recommended mail with acknowledgment of receipt to the following address: FREE-SONS – Thierry Lecompte – 979 route de Cabasse – 83340 Le Luc. Your costs for returning the product(s) will not be reimbursed.

The product(s) must be returned in their original packaging, new, and complete (accessories, manuals, etc.) so that they can be resold in new condition; they must be accompanied by the invoice.

Damaged, soiled, or incomplete product(s) will not be accepted.

Only the price of the products subject to withdrawal will be refunded, the return costs remaining at your expense. The refund will be made within fourteen (14) days from receipt by the Seller of the request to exercise the right of withdrawal.

The Seller may defer reimbursement until receipt of the product(s) covered by the order, until you have provided proof of shipment of this product(s), the date chosen being that of the first of these events.

Certain products and services listed in article L221-28 of the Consumer Code cannot be subject to a right of withdrawal. These include:

• the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of digital content not provided on a physical medium whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Thus, in the context of the supply of dematerialized products and as set out in article 11, you acknowledge that you expressly waive your right of withdrawal.

ARTICLE 8 – COMPLAINTS / RETURNS

We commit to exchanging products that appear to be defective, damaged, or not in accordance with your order. In this case, we kindly ask you to report this in detail to our Customer Service, the contact details of which are provided in Article 12, before making any returns.

In case of missing parts, we will request them from the publisher and send you the missing pieces.

For defective products or components, we will ask you to return the product(s) or components so that we can send you replacement items. Return instructions will be provided in response to your email.

Shipping costs will be reimbursed as outlined in Article 10.

In any case, you have the legal guarantees described in Article 9.

ARTICLE 9 – PRODUCT COMPLIANCE

The products offered comply with current French legislation.

9.1 Legal Conformity Guarantee

The Seller is responsible for conformity defects that appear on the products for two (2) years from the date of purchase.

Please note that, under the legal conformity guarantee:

• You have a period of two years from the delivery of the product to take action with the Seller.
• You can choose between having the product repaired or replaced, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
• You are exempt from proving the existence of the product’s conformity defect during this period.

This guarantee entitles you to obtain free repair of your product or its replacement, subject to the cost conditions provided by law. If repair or replacement is impossible or cannot be implemented within one month from the time it was taken in charge, the Seller will refund the price.

To claim under this guarantee, the products must be returned in the condition in which they were received, with all components (accessories, instructions, etc.) and a copy of the invoice. Products returned by mail must be properly packaged for transportation. In this case, the return shipping costs will be reimbursed as described in Article 9.

9.2 Hidden Defects Guarantee

You can also invoke the guarantee against hidden defects in the sold item as defined in Article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

This guarantee must be exercised within two years from the discovery of the defect. You will need to prove, in particular, that the defect existed at the time of purchase, that it was hidden, and that it makes the product unusable.

ARTICLE 10 – REFUND

Refunds for products under the conditions described in Articles 8 and 9 will be processed within 30 days of us receiving the products. The refund for the shipping costs of the initial order will be based on the least expensive mode of transportation offered by the Seller at the time of the order.

The refund will be made at the discretion of the Seller, either by crediting your bank account or by issuing a bank check made out to the customer who placed the order and sent to the billing address. No cash-on-delivery shipments will be accepted for any reason.

ARTICLE 11 – DIGITAL PRODUCTS

11.1 Technical Requirements

It is necessary to download the latest version of Adobe Acrobat Reader to view the content of PDFs. This software is free, and you can download it here. These general technical terms and constraints are assumed to be known and accepted when placing the order. Under no circumstances will a claim or refund request be accepted based on a lack of awareness or refusal of these general technical terms and constraints.

11.2 Technical Protection Measures

As stated in Article 13, we draw your attention to the fact that, except for exceptions, files for digital products are protected against copying through technical protection measures or Digital Rights Management systems and are watermarked (name, first name, email, order number).

11.3 Ordering and Delivery

From the validation of your payment, the order is confirmed and cannot be canceled or refunded.

After validating your order, you will receive an order confirmation email at the email address associated with your customer account. Order validation is not instantaneous; it may be subject to a processing delay, similar to orders for physical products. This email contains a link to a page for downloading the ordered digital files. Sending this email confirms receipt of your order. Access to the purchased files is for personal use only and remains valid indefinitely from the order date.

Once you have received the download links for the ordered digital files, you will no longer have the option to cancel your order, and the price of your purchase will be automatically debited, even if you later decide not to download the files. After sending the download links, orders for digital files are considered firm and final and cannot be exchanged or refunded.

The 14-day withdrawal period as stipulated in Article L.121-20-20 of the Consumer Code does not apply, as the order is fulfilled by sending download links, which equate to a final delivery of the product.

In case of difficulties, particularly if you do not receive the download links or experience issues with online reading at the email address associated with your customer account, you can contact the Seller through the customer service email address: contact@beawareofmusix.com.

11.4 Liability

The Seller cannot be held responsible for the limitations related to the Internet network, especially its technical performance and response times for accessing, querying, or transferring data. Additionally, it is your responsibility to take appropriate measures to protect your own data and software from possible computer viruses.

In some countries, existing laws prohibit or restrict free access to certain works; you are required to verify whether, according to the laws of your location, there are no such prohibitions or restrictions regarding the ordered digital files.

The Seller cannot be held responsible for any malfunctions occurring during the download of the ordered digital files that are not caused by the Seller.

ARTICLE 12 – CUSTOMER SERVICE

For any information or questions:

Through the contact form: Contact Us

Email: contact@beawareofmusix.com

ARTICLE 13 – INTELLECTUAL PROPERTY

All texts, comments, works, audio, musics, illustrations, and images reproduced on the Site are reserved under copyright and intellectual property rights worldwide. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the Site is strictly prohibited.

The ordered files, their content, as well as all elements reproduced on the Site under this service (including texts, audio, music, comments, illustrations, and iconographic documents), are protected by the Intellectual Property Code in France and by foreign legislation governing copyright and related rights, trademark law, design rights, and patent law.

In this regard, the intellectual works presented and offered for download and reading are intended solely for strictly personal, private, and free use. Any reproduction, adaptation, or representation in any form and by any means, particularly resale, exchange, rental, or transfer to a third party, is strictly prohibited.

The files of the digital products offered on the Seller’s website are protected by technical protection measures or Digital Rights Management systems, which aim to offer customers maximum flexibility in using the downloaded recordings while protecting the rights of authors, performers, and publishers of the works. You agree not to circumvent or violate the technical control measures of the downloaded digital files and any devices serving the same purpose.

These technical protection measures are governed by Law No. 2006-961 of August 1, 2006, concerning copyright and related rights in the information society. Any attempt to circumvent these measures is subject to sanctions as provided by the same law. In general, any use outside the framework defined in these general terms and conditions would be considered an act of counterfeiting, exposing the customer to legal action, civil or criminal, within the legislative and regulatory provisions in force.

ARTICLE 14 – LIABILITY

The photographs and visuals illustrating the products have only indicative value and do not constitute a contractual document in any way. We recommend referring to the description of each product for precise details. In case of doubt or if you require additional information, do not hesitate to contact us (contact@beawareofmusix.com).

In the event of an obvious error between the product’s characteristics and its representation and/or the terms of sale, the Seller cannot be held responsible.

While the Seller makes every effort to ensure the continuous availability of the servers, access to the Site may be temporarily suspended for technical or maintenance reasons without prior notice.

The Seller is not responsible for the permanent updating of the Site and is not responsible for the content of websites to which hyperlinks on the Site lead or are linked through any means.

The Seller does not guarantee that the Site is free of viruses and other harmful components. It is your responsibility to take appropriate measures to protect your data and/or software from contamination by potential viruses circulating on the Internet. In this regard, you acknowledge that the Seller and its service providers cannot, under any circumstances, be held responsible for any incidental, material, and/or immaterial, direct and/or indirect damages that may result from access to or use of the Site, including inaccessibility, data loss, deterioration, destruction, or viruses that could affect your computer equipment, and/or the presence of viruses on the Site.

Moreover, any material downloaded and/or obtained in any way while using the Site is at your own risk. The Seller will not be responsible for damages and/or data losses suffered.

ARTICLE 15 – APPLICABLE LAW – DISPUTES

These general terms and conditions of sale in the French language are executed and interpreted in accordance with French law.

In the event of a dispute, you should first contact the Seller to seek an amicable solution. The contact email is as follows: contact@beawareofmusix.com.

In the absence of an amicable settlement, you can choose to resort to an amicable dispute resolution mechanism within a maximum period of one (1) year from the date of your written complaint to the Seller. Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Eligibility conditions). The procedure is free for the consumer.

By using the online dispute resolution platform provided by the European Commission by clicking here (https://ec.europa.eu/consumers/odr). The European Commission will forward your complaint to the relevant national mediators.

Failing that, the French courts shall have sole jurisdiction.

The consumer mediator is neutral, independent, and impartial. The mediator is not part of the company with which the consumer has a dispute.