General terms and conditions of sale

Article 1 – Scope of application

These General Terms and Conditions of Sale (hereinafter "GTC") govern all sales concluded between the company SAS LA PEPITE , operating the brand Flamel Guitars , whose registered office is located at 6 rue de Quintin, 22000 Saint-Brieuc, registered under SIRET number 840 766 588 00023 (hereinafter "the Seller"), and any natural person acting as a consumer within the meaning of the Consumer Code (hereinafter "the Customer"), via the website www.flamelguitars.com .

All orders imply unreserved acceptance of these Terms and Conditions.

Article 2 – Products and handcrafted manufacturing

handcrafted musical instruments using manual and semi-industrial processes. The products offered may be from pre-made series or made to order , depending on the models and options chosen.

The essential characteristics of the products are described on the website. Photographs, visuals, and descriptions are provided for illustrative purposes only.

The Client expressly acknowledges that:

  • Since the woods used are natural materials, variations in grain, color, density or aesthetics may exist;
  • These variations do not constitute a defect, nor a reason for a claim or refund.

Article 3 – Customized Products

Some instruments offered by Flamel Guitars may come from standard series, while others are custom-made at the request of the Customer (choice of finishes, woods, configurations, components, settings, specific options).

In accordance with Article L221-28 of the Consumer Code, products manufactured according to the Customer's specifications or clearly personalized do not benefit from the right of withdrawal .

Any confirmation of a personalized order constitutes a firm and final agreement.

Article 4 – Price

Prices are shown in euros (€).

For deliveries within the European Union, prices are shown inclusive of all taxes (TTC), excluding delivery charges.

For deliveries outside the European Union, prices are invoiced excluding VAT. In accordance with Article 262-I of the French General Tax Code, French VAT does not apply to exports outside the European Union and is automatically deducted at the time of order confirmation.

Any customs duties, local taxes, import VAT and customs clearance fees payable in the country of destination are not included in the price and remain the sole responsibility of the Customer.

The Seller reserves the right to change its prices at any time. However, the applicable price is the one in effect on the day the order is validated.

Article 5 – Order

The order is considered firm and final after:

  • shopping cart validation
  • express acceptance of the terms and conditions,
  • receipt of the deposit or full payment.

The Seller reserves the right to refuse any abnormal order or order placed in bad faith.

Article 6 – Payment and Deposits

Accepted payment methods are: credit card, PayPal and bank transfer.

For payments made by bank transfer, payment must be received within ten (10) calendar days of order confirmation. If payment is not received within this period, Flamel Guitars reserves the right to automatically cancel the order without compensation.

The manufacturing and reservation of materials only begin upon actual receipt of funds.

Deposit

For any guitar made to order or customized, a deposit of 50% of the price including VAT is required at the time of ordering.

This deposit:

  • triggers the start of manufacturing.
  • is non-refundable for personalized or made-to-order instruments, except in the case of proven negligence on the part of the Seller.

In the event of cancellation by the Client of a personalized in progress, the 50% deposit remains with the Seller as compensation.

The remaining 50% is due before shipment.

Article 7 – Manufacturing and Delivery Times

The manufacturing and delivery times provided by Flamel Guitars are strictly indicative. They are established based on production capacity at the time of the order and take into account the handcrafted nature of the instruments made.

The Client expressly acknowledges that these delivery times may vary depending on the workload of the workshop, supply constraints, the complexity of the manufacturing process, and, for deliveries outside the European Union, the customs formalities specific to the country of destination.

For deliveries outside the European Union, delivery times may be extended due to customs clearance procedures, which are beyond the Seller's control.

In the event of a significant delay, Flamel Guitars undertakes to inform the Client as soon as possible and to offer, if necessary, a new estimated delivery date.

In accordance with Article L216-2 of the Consumer Code, if the delay exceeds a reasonable period and after formal notice has remained without effect, the Client may request the termination of the contract under the conditions provided by law.

Article 8 – Delivery

Deliveries are made to the address provided by the Customer when placing the order.

Deliveries outside the European Union are made according to the Incoterm DAP (Delivered At Place). As such, any customs duties, local taxes, import VAT and customs clearance fees that may be payable are the sole responsibility of the Customer.

In accordance with Article L216-4 of the Consumer Code, the transfer of risk occurs upon physical delivery of the product to the Customer.

The Customer is required to check the condition of the package upon receipt and to make any necessary reservations to the carrier within the legal time limits.

In the event of refusal of delivery, non-payment of taxes or import duties, incorrect or incomplete address, or impossibility of delivery attributable to the Customer, the costs of return, reshipment and any additional costs will be borne exclusively by the Customer.

Article 9 – Right of withdrawal

9.1 Standard, non-customized products

For products from standard series and not personalized, the Customer has a legal period of fourteen (14) days from receipt to exercise his right of withdrawal.

The product must be returned in perfect condition, complete, without any signs of use other than reasonable testing.

Return shipping costs remain the responsibility of the Customer, including for deliveries outside the European Union.

Customs duties, import taxes and clearance fees paid upon delivery are non-refundable.

9.2 Custom-made or made-to-order products

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to instruments manufactured according to the Customer's specifications or clearly personalized.

Article 10 – Legal Guarantees

The products benefit from:

  • of the legal guarantee of conformity (articles L217-3 et seq. of the Consumer Code),
  • of the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).

All warranties are excluded in the following cases:

  • modification or repair by an unauthorized third party
  • improper use,
  • of unsuitable humidity conditions.

Article 11 – Liability

The Seller cannot be held liable in the event of improper use of the product or lack of maintenance.

Article 12 – Intellectual Property

All elements of the Flamel Guitars website and products are protected by intellectual property law.

Article 13 – Personal Data

Personal data is processed in accordance with the GDPR. The Client has the right to access, rectify and delete their data.

Article 14 – Applicable Law and Disputes

These Terms and Conditions are governed by French law.

In the event of a dispute, the Client may resort to a consumer mediator or bring the matter before the competent court in accordance with applicable legal rules.