General terms and conditions of sale
For the purposes of these Terms and Conditions of Sale, the following words and phrases shall have the meaning set forth below when spelled with a capital letter. Their definition in the singular shall also apply to the plural.
“Terms and Conditions” means the Terms and Conditions of Use, the Terms and Conditions of Sale or both together. The General Conditions are a contractual whole.
“Website”: refers to the AstroMYO website from which it sells its products.
“Customer”: refers to the natural or legal person placing an order for a product from AstroMYO on the Website.
“User”: any natural or legal person connecting to and browsing the Website.
ARTICLE 1 – Preamble
Access to and use of the website accessible at www.astromyo.com (the “Website”) implies tacit and unreserved acceptance of the present terms and conditions by the User, in their latest online version.
AstroMYO offers on the Website the online sale of products (the “Products”), exclusively to individuals, as well as to legal entities not acting in a professional capacity. These legal entities may only purchase Products for their own needs, including corporate gifts, which excludes from the scope
hereof all purchase operations for resale.
The access to the Website is free, and ensured in a continuous and permanent way, except in case of force majeure or events beyond the control of the Editor, and subject to possible breakdowns and technical interventions, maintenance and updating necessary for the good functioning of the Site.
In addition, due to the nature of the Internet, the Editor cannot guarantee that the Website will function 24 hours a day, 7 days a week.
ARTICLE 2 -Scope of application
The present General Conditions of Sale apply, without restriction nor reserve to any purchase carried out on the website www.astromyo.com. The main characteristics of the products are presented on the Website.
The Customer is required to read them before placing an order.
These General Conditions are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by email and proving his identity, to email@example.com.
The Customer declares that he/she has read the present General Terms and Conditions of Sale and has accepted them by checking the box provided for this purpose.
Validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the products on the Site.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Site at the date the order is placed.
ARTICLE 3 – Orders
The contractual information is presented and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The registration of an order on the Website is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (Article 1127-2 of the French Civil Code).
This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract. It is therefore the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the Website and confirmed constitutes the formation of a contract between the Customer and AstroMYO.
AstroMYO reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
Once confirmed and accepted by AstroMYO, under the conditions described above, the
order cannot be modified.
Once confirmed and accepted by AstroMYO under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.
A purchase contract is only concluded if we explicitly declare the acceptance of the purchase offer by email when releasing the order or if we dispatch the goods without prior declaration of acceptance.
Availability of the Products
Our offers of Products and prices are valid as long as they are visible on the Website, within the limits of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several customers. In the event that a Product is not available after you have placed your order, we will inform you by e-mail or telephone as soon as possible, offering you either to order another Product presented on the Website as a replacement, or to cancel your order.
AstroMYO will not be held responsible in case of stock shortage or unavailability of Products for orders not yet confirmed.
AstroMYO reserves the right to change at any time and without notice the Products offered on the Website. In order to ensure a better quality of service and availability of our Products to all of the Website’s customers, AstroMYO reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the provisions applicable in this regard and in particular those of Article L122-1 of the French Consumer Code.
The Customer must be a natural person of at least 18 years of age and have the legal capacity to place an order on the Website.
ARTICLE 4 – Prices
The products offered by AstroMYO are supplied at the prices in force on the Website, at the time the order is registered by AstroMYO. The prices are expressed in Euros and include VAT for France. Taxes may vary depending on the customer’s billing address.
These prices are firm and non-revisable. AstroMYO reserves the right to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase and the related fees.
For shipments outside of France and the European Union, any applicable duties and taxes must be paid by the Customer.
In the case of a delivery located in a country outside the European Union, the Customer acknowledges and accepts that customs duties, local taxes and excise duties are not included in the prices displayed on the Website. Under these conditions, it is the sole responsibility of the Customer to contact the competent authorities to find out the amount and payment terms of any customs duties, local taxes and excise duties that will be charged to him/her for the import of his/her purchase.
ARTICLE 5 – Terms of payment
AstroMYO will not be required to supply the products ordered by the Customer if the price has not been paid in full.
Payments made by the Customer will only be considered final after the effective collection by AstroMYO of the amounts due.
ARTICLE 6 – Right of withdrawal,
cancellation or refund
In accordance with article L221-18 of the French Consumer Code, the consumer has aperiod of fourteen days to exercise his right of withdrawal. This period starts after the receipt of the order by the Customer.
This right of withdrawal is exercised without penalty except for the return costs which will be charged to the Customer.
The products must be able to be put back on sale. For kit products, assembly must not have been started. AstroMYO will determine, at its discretion, whether assembly has been started.
ARTICLE 7 – Warranty
The Products sold benefit from the legal guarantee of conformity provided for in articles L-217-4 to L.217-12 of the French Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
However, for products said to be in kit form, to be assembled by the Customer, AstroMYOreserves the right, at its discretion, to accept or not a product as being under warranty.
ARTICLE 8 – Pre-contractual information
The Customer acknowledges having been informed in a legible and comprehensible manner of the present General Terms and Conditions of Sale and of all the information listed in Articles L. 111-2 and L. 221-5 of the French Consumer Code.
The fact that an individual or a legal entity places an order on the Website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against AstroMYO.
AstroMYO reserves the right to unilaterally modify the terms of these Conditions, particularly in the event of technical, legal or jurisprudential changes, or when new services are introduced.
The present conditions express the entirety of AstroMYO’s obligations.
ARTICLE 9 – Intellectual Property
AstroMYO is the sole owner of all the elements present on the Website, in particular the texts, images, graphics, logos, icons, sounds, software and all other elements of intellectual property which are protected by French or international laws and
regulations relating to intellectual property.
Consequently, none of the elements of the Website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, without the prior, express and written authorization of AstroMYO.
AstroMYO reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
AstroMYO, in its capacity as publisher of the Website, grants the Client a private, non-collective and non-exclusive right of use.
ARTICLE 10 – Unforeseen circumstances
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the party to the contract who has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 11 – Force majeure
AstroMYO and the Client cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure as defined in article 1218 of the French Civil Code.
ARTICLE 12 – Litigation
All disputes to which the purchase and sale operations concluded in application of the present General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between AstroMYO and the Customer, will be submitted to the competent courts under the conditions of common law.
The Client is informed that he/she may in any case have recourse to conventional
mediation, in particular with the « Commission de la médiation de la consommation »(C. cons. art. L 612-1) or with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
AstroMYO shall not be held responsible for any direct or indirect damage suffered by Users or third parties that may be aused by the information published on the Website, and more generally, by the consultation and use of the Website. Any dispute
arising from the execution or interpretation of the present provisions obliges the parties to come together and try to find an amicable solution to their dispute, before bringing the matter before the competent jurisdiction.
ARTICLE 13 – Applicable law and language
The present General Conditions of Sale and the operations which result from them are governed by the French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 14 – Protection of personal data
In accordance with the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of his order. This data may be communicated to AstroMYO’s possible partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the Website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
AstroMYO collects and processes personal data of the Customer and, where applicable, of the recipient of the orders oncluded in compliance also with the legal requirements of the Regulation (EU) 2016/679 of 27 April 2016 on data
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning him.