General terms and conditions edited by:
YONBERG SARL – Les Périades ZA des Vernaies – 74230 Thônes – FRANCE
Capital: 500.000 €
SIRET number: 80808171 500019
Vat number: FR11 808 081 715
1. Object
The present sale conditions aim to define the rights and obligations of Yonberg SARL and the customer of products presented by Yonberg SARL on its website yonberg-harmonica.com (on below “the Site”).
They apply exclusively to the company Yonberg SARL and any individual consumer visiting or making a purchase via said website “the Customer”.
On the website, Yonberg SARL allows the Customer to order Yonberg SARL products online (on below “the Product (s)”) under these terms and conditions.
Any order made with Yonberg SARL implies the unreserved acceptance by the customer of these conditions.
These general terms and conditions can be modified at any time and without notice by Yonberg SARL, the conditions applicable being those in force at the date of the order by the Customer. The Customer is invited to consult them regularly in order to be informed of any changes.
2. Offer
The Products offered for sale are presented on Yonberg SARL website and are accompanied by a description.
The elements such as photographs, texts, graphics and all the information and characteristics illustrating and / or belongings of the products are not contractual, which the customer acknowledges.
Consequently, Yonberg SARL can not be held responsible for any error or omission of any of these elements or in case of modification of the said elements by the suppliers and / or publishers.
3. Order
All orders will be validated only after confirmation of the payment.
All orders shall constitute an express and irrevocable acceptance of the prices and descriptions of products available for sale. The validation of the order by the customer implies acceptance of the general conditions of sale.
Yonberg SARL keep themselves the right to cancel or refuse an order in case of dispute with the customer on an earlier order.
Yonberg SARL can accept orders within the limit of available stocks. It informs the customer of the availability of the products sold on the website at the time of the confirmation of the order.
If, despite the surveillance of Yonberg SARL, the products are unavailable, Yonberg SARL will inform the customer by e-mail as soon as possible. The client will be refunded, if necessary, the amount already paid.
The permanent or temporary unavailability of items will never be Yonberg SARL responsibility, nor shall it give rise to any right to compensation or damages in favor of the Client.
4. Prices
The prices displayed on the website are indicated in Euros, all French taxes included (French VAT and other applicable taxes), excluding shipping, participation fee, processing costs and packaging costs.
The shipping and other charge’s costs will be indicated in Customer’s basket before the final validation of the order.
Prices may be changed at any time without prior notice and in particular in the case of changes in tax or economic data. Items will be billed on the basis of the rates in effect at the time of registration of the order.
5. Payment
Products or services must be paid in Euros (€).
The entire payment must be made at the time of the order. Never may the amounts paid be considered as deposits or down payments. The client pays for his order by credit card (Visa, Eurocard / Mastercard) or with his Paypal account.
For any transaction, the customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
No consignment for cash will be accepted for any reason.
Yonberg SARL retains ownership of the item until full payment of the price by the customer.
Purchases are made in a secure manner. The payment solutions adopted by Yonberg SARL is 100% secure. For payments by credit card (blue card, blue card visa and e-card blue), all the information that the client communicates to Yonberg SARL is strictly protected and guarantees the conformity and the security of each transaction.
The bill is sent to the e-mail address indicated on the order. It is established according to the rate in force on the day of the confirmation order. Yonberg SARL is not responsible for any errors of seizure.
6. Delivery
Yonberg SARL delivers its products in France and abroad.
Products are shipped with the billing address to the delivery address indicated by the Customer when ordering.
The delivery times indicated on the website are indicative times, corresponding to the average processing and delivery timing. In order to comply with these deadlines, the Client must ensure that he has provided accurate and complete information concerning the delivery address (such as: street, building, staircase, access codes, names and / or intercom numbers, etc.).
The carriers, deadlines and rates are currently the following and are likely to be modified by Yonberg SARL.
#Zone 1: France
Carrier: LA POSTE via SO COLISSIMO offer
Delivery time: Standard delivery, D + 1 ( one day after your shipping confirmation) to D + 3 ( three days after your shipping confirmation) before 1pm*
#Zone 2: European Countries
Carrier: LA POSTE via COLISSIMO INTERNATIONAL offer
Delivery time: Standard delivery, on D + 2 (two days after your shipping confirmation) to D + 5 (five days after your shipping confirmation) before 1pm*
#Zone 3: International
Carrier: LA POSTE via SO COLISSIMO INTERNATIONAL offer
Delivery time: Standard delivery, in D + 4 (four days after your shipping confirmation) to D + 6 ( six days after your shipping confirmation) before 1pm*
*All times are indicative of working days, departing from Thônes.
The shipping costs are the responsibility of the Customer and depend on the country of delivery in which the Product(s) is (are) sent. They will be specified to the Customer upon confirmation of the order.
Yonberg SARL keeps themselves the choice of the carrier and guarantees a proper tracking of the products. The risks of the transport are the responsibility of the Customer, from the output of the Product of the warehouse.
The delivery time of a product, as stated on the website upon confirmation of the order, is an average timing and corresponds to the time of preparation of the order, to which is added the timing of routing by the carrier. This timing window is only indicative and assumes that the order has been placed from Monday to Friday before 1pm Thônes time, excluding bank holidays.
In case of delay, Yonberg SARL can not be held liable for any reason whatsoever. Therefore, no claim of any kind can be claimed by the Customer at Yonberg SARL.
When an order includes products that have different preparation times, the delivery timing of the order is based on product with longest preparation needs.
7. Returns and exchanges
Right to retract:
Within 14 days of receipt of the order, the customer may ask Yonberg SARL to return or exchange the Product(s).
To do so, the customer must send an e-mail to the address contact@yonberg.fr, informing Yonberg SARL of his wish to return or exchange the product(s).
The customer shall return at his own expense the product(s) except in the case he has received a product with a manufacturing defect or which does not correspond to the customer’s initial order.
Return or exchange is at the risk of the customer.
The product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the delivery bill, to the following address: Yonberg SARL, 3 allée des Vernaies, ZA Les Perrasses, 74230 Thônes, France.
The returned product will be exchanged or refunded within a maximum period of 30 days from receipt by Yonberg SARL. In the case of a refund, this will be made by a credit of the amount to be refunded to the customer’s bank account.
In the absence of compliance by the client with the present conditions, in particular the conditions of return or exchange, Yonberg SARL cannot proceed to the refund of the Products concerned.
The customer may exchange an item against any other product provided that the total amount is less than or equal to the total amount returned. The exchange will be made after the condition of the item and its packaging are checked.
Once the first exchange has been made, all other exchanges will be at the expense of the customer (return and re-shipping costs).
8. Obligation of the parties
In the case of the confirmation of an order, Yonberg SARL is committed to sell and deliver to the customer the Product (s) ordered by him in accordance with the terms and conditions specified above.
Yonberg SARL is committed to verify that the Product (s) comply with French regulations.
The customer agrees to inform Yonberg SARL of an address to which the delivery can be made. The information required to collect personal information (name, address, telephone number, e-mail address, etc.) collected for the purpose of concluding the contract of sale is compulsory. This information is essential for the processing and routing of orders and the preparation of the bill. Failure to provide information leads to the non-validation of the order. In the event of an error in the provision of this information, Yonberg SARL can not be held responsible for the inability to deliver the product. In this case, the customer remains responsible for payment.
In case of supply of an incomplete address resulting in the inability of delivery by the carrier provider, the customer shall pay the delivery charges corresponding to the redirection of his order.
9. Warranties and liability
For all stages of access to website, Yonberg SARL have only an obligation of means for the order to dispatch the parcel or the subsequent services.
Yonberg SARL can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a breach of service, external intrusion or the presence of computer viruses, or any major cause, in accordance with law and jurisprudence.
10. Intellectual proprety
Never will the Client be authorized to download or modify all or part of the website and particularly its contents (listed products, descriptions, images, videos, etc.)
This website or any part of it may not, under any circumstances be reproduced, copied, sold or exploited for commercial reasons without the explicit written permission of Yonberg SARL.
Generally, all copyrights, trademarks and other distinctive signs and properties or intellectual property rights appearing on the website, will remain the full property of Yonberg SARL.
The Customer is therefore obliged to respect the intellectual property rights and will not be able to use the trademarks appearing on the website and the products if any, or to file a trademark which would prejudice the owner of the rights, unless otherwise stipulated in the contract.
The same applies to any other intellectual property right.
11. Personal data
Collecting personal data of the customer is necessary to the processing of the order. This information is strictly confidential and is only intended for use by Yonberg SARL.
In accordance with the IT and Liberty law of January 6, 1978, the customer has the right to access, modify, rectify and delete personal data concerning him / her. If the Client wishes to exercise this right, he must write to Yonberg SARL, 3 rue de l’asile popincourt 75011 Thônes, France, indicating his name, family name and address.
Yonberg SARL keep to themselves the right to collect data on the client by the use of cookies in order to improve the personalized service intended for the Internet user.
12. Competent tribunal
These general conditions are subject to French law as regards the substantive rules as well as the rules of form. Any dispute must be the subject of a prior attempt to reach a friendly settlement.
In the absence of a friendly settlement, competence is attributed to the competent French courts, not withstanding the plurality of defendants or the calling of a guarantee.
13. Various provisions
The invalidity or inapplicability of one of the listed above of these general conditions of sale or of the special conditions will not affect the application or the validity of the other clauses of the general conditions of sale. This clause will then be replaced by the closest possible provision.
Neither Yonberg SARL nor the Client shall be held liable for any contractual non-performance due to major forces including but not limited to war, riot, insurrection, interruption transport, import problems, strikes, shortages, fire, earthquakes, storms, floods.
For any further information, question or complaint the customer can send an e-mail to contact@yonberg.fr.
