II/ Modifications apportées aux Conditions Générales
- UMG peut apporter des modifications à ces Conditions Générales, qui entreront en vigueur dès leur publication sur cette Boutique en ligne étant précisé qu’UMG ne Vous informera pas directement/personnellement de toute modification desdites Conditions Générales.
Nous vous encourageons à consulter régulièrement les Conditions Générales sur la Boutique en ligne pour en connaître toutes les mises à jour. Vous vous engagez à lire ces Conditions Générales dans leur intégralité avant tout achat, ainsi que pour l’utilisation de cette Boutique en ligne.
- Vous serez soumis aux politiques et Conditions Générales en vigueur au moment où Vous commandez le(s) produit(s) auprès d'UMG, à moins qu'une modification de ces politiques ou des présentes Conditions Générales ne soit requise par la loi ou une autorité gouvernementale (auquel cas une telle modification pourra également s'appliquer aux commandes que vous avez précédemment passées).
III. Contenu de la Boutique en ligne
- Les Services fournis par le biais de cette Boutique en ligne, y compris, sans limitation, toutes les marques, enregistrements musicaux, paroles, clips audio et audiovisuels, téléchargements numériques (ci-après collectivement dénommés les « Contenus ») sont détenus et contrôlés par ou sous licence UMG, ses sociétés affiliées et/ou titulaires de licence. Tous les droits sur les Contenus sont la propriété unique et exclusive d'UMG ou de ses sociétés affiliées, concédants et/ou titulaires de licence.
- Sauf indication contraire, cette Boutique en ligne et ses Contenus sont réservés à votre usage personnel et non commercial.
- Vous ne pouvez pas, sans l'accord écrit exprès et préalable d'UMG, utiliser, transférer, copier ou reproduire ou modifier de quelque manière que ce soit une partie de cette Boutique en ligne, les Services, les Contenus ou tout code HTML source sous quelque forme ou par quelque moyen que ce soit (électronique, mécanique ou autre) sauf dans le seul but d'utiliser les Services et de visualiser ou d'utiliser les Contenus comme autorisé par les présentes Conditions Générales.
VII. Products sold by UMG on the Online Boutique. 1. This Online Store can allow you to:- Buy physical products (for example, CDs, vinyl, concert tickets, clothing and other items of merchandise or merchandise);- Buy/download digital products (e.g. music and videos, NFT etc.);- Purchase mobile products (eg music, videos and other content such as wallpapers, screensavers and logos etc.);- Participate in online games, paid or free;- Allow you to preview and/or listen to and/or watch online music and videos;- Offer you such services on the basis of a regular subscription or pay-per-view;- Access a digital event (for example livestream concert, meet and greet artist, video preview etc.) 2. The shipping and delivery dates for all so-called "limited edition" and/or "pre-order" sales of product(s) offered for sale through the Online Store are estimated times and cannot be guaranteed by UMG. 3. Returns and/or exchanges may be refused for so-called "limited edition" numbered products or for offers giving access to a digital event once access has been sent to customers in accordance with the limitations set out in Section XVII below. 4. Products in this Online Store are limited to the sizes, colors and variations listed on this Online Store. If a size or variant does not appear on this Online Store, it is currently unavailable. 5. If UMG decides to offer additional products on this Online Store, these future products will also be covered by these General Conditions. VIII. To order1. By placing an order through this Online Store, you warrant that you are legally capable of entering into contracts; and you are at least 18 (eighteen) years old.2. If you are a minor and/or are not legally capable of entering into contracts but wish to use this Online Shop, a parent, guardian or legal representative must agree to these Terms and Conditions on your behalf. Proof of authorization from the legal representative may be requested by UMG at any time. If you cannot present this authorisation, UMG reserves the right to cancel your order at its sole discretion. Furthermore, UMG cannot be held liable if you do not meet the criteria set out herein to enter into such a contract.3. Follow the on-screen instructions on this Online Store to place an order.4. Items that you select for purchase, download and/or streaming (if applicable) will automatically be placed in your "shopping cart". To remove an item from your basket, simply click on the 'remove' button (or any similar button) next to the item as it appears in your 'basket'.5. Once you have pressed the “order” button (or any similar button), you will be asked to provide certain information to enable UMG, or a service provider engaged by UMG, to process your order (including including your selected payment method and credit card, e-wallet or other payment details).6. UMG cannot change any information on an existing order once it has been processed, including but not limited to shipping address, billing information, size, item and/or or quantity. If you wish to cancel your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Section XI below).7. You will receive an order summary confirmation on screen and/or by e-mail (provided You have provided UMG with a valid e-mail address) confirming that UMG has received your order - this does not mean that your order has been accepted. Your order represents an offer to UMG to purchase a particular item which is only accepted by UMG when UMG sends you an e-mail (hereinafter the "Dispatch Confirmation") confirming in the case of physical products, that the particular product has been shipped; or in the case of digital content, instructions for accessing your digital content.8. UMG may reject, modify or cancel your order for any reason before your order has been dispatched. If UMG rejects your order after payment has already been made, UMG will issue a refund for your order in accordance with UMG's Refund Policy set forth in Section XIII (below). Where your order was for products of a "hybrid" nature (e.g., a physical and digital product), UMG will refund the physical item of the order in accordance with UMG's cancellation policy (set forth in Section XI, the if applicable, below) for this product. The cancellation conditions specific to digital products may apply in accordance with the provisions of Section XVII below.9. Shipping and delivery dates for your order are not guaranteed unless otherwise stated. All shipping times are estimates and cannot be guaranteed. UMG is not responsible for delays attributable to the carrier, regardless of the method of shipment and whatever the cause.10. If You have selected a trackable shipping method, You will receive tracking information via the email You provided with Your shipping information.11. Shipping delays may occur if You provide an incorrect address at checkout, UMG cannot be held liable for this. UMG is not responsible for lost packages if You entered an incorrect delivery address at checkout. If the package containing the product(s) You ordered is returned to UMG due to a shipping error, UMG will contact You, via the email You provided with Your delivery information, for an update of the shipping address of the product(s). If UMG does not receive a response within ten (10) working days of your contact, UMG reserves the right to refund your order.12. If You have ordered multiple items within one order, UMG reserves the right to either ship Your order once all items are available for shipment or to split Your order containing multiple items into multiple shipments (hereinafter the “Split Delivery”) at the discretion of UMG. For certain orders, UMG may offer you the option of choosing Split Delivery at checkout. Split Shipping options may say "Ship items separately - as they become available" or similar wording. If you have selected Split Shipping, your items will be shipped in separate packages as they become available for shipment. Split Delivery is not available for any order and UMG reserves the right to revoke Split Delivery options at any time.13. UMG may offer express shipping options (eg next day of order, 2 (two) days or 3 (three) days). If You have selected an express shipping option, Your items will be shipped together in one (1) shipment when all items are available for shipment, or only at UMG's discretion. UMG reserves the right to split your order into separate shipments as items become available. Split Shipping is not available at your option at checkout for express orders. UMG reserves the right to revoke express shipping options at any time. Please note that express shipping times are carrier times from the date items are ready to ship from UMG's warehouses. For pre-orders, express shipping is based on when the pre-order period is over and the items are ready to ship. These times may vary. Estimated ship dates for a pre-order will be available via the product page. You should carefully read all product descriptions for all applicable details and You should ensure that you understand all pre-order and shipping deadlines before selecting your shipping method. IX. General Disclaimer1. Unless otherwise stated, product prices already include applicable discounts where applicable. All offers are limited to available stock; no checks will be accepted unless otherwise specified. Promotions are not valid retroactively on previous purchases, this is also the case for gift cards, gift certificates, shipping costs. Buyer must pay applicable sales tax. The offers cannot be combined with each other (in particular promotion, discount, code, promo, coupon, etc.). Promotions have no cash value. Offer may not be sold, transferred or otherwise traded to any third party. Returns or cancellations of all or part of a purchase will result in a refund of the amount paid by You at the time of purchase. No additional sum may be requested by the customer. UMG reserves the right to end or modify any promotion at any time and at its sole discretion. Other restrictions may apply. Offers only apply to shipping countries permitted on the Online Store, unless otherwise specified. X. Payment 1. UMG may offer multiple payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay and other e-wallets. The prices appear on this Online Store all taxes included, unless otherwise indicated. UMG may change product prices at any time by posting new prices on this Online Store.2. By paying with your credit or debit card, or other payment method, You confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. 3. Product prices displayed may exclude delivery charges (which may also include handling, packaging and other charges in addition to freight charges), which may be added to the total amount and will be calculated and displayed at screen when placing the order online before you submit your payment.The purchase may appear on your credit card or bank statement under the name of the applicable artist or store, under the name of UMG, or under the name of an applicable technology provider (such as "Shopify") . If you have any questions, please contact firstname.lastname@example.org. 4. Billing to your credit or debit card will take place before or at the time of dispatch in respect of the physical product(s), or in respect of digital content, at the time of your purchase or shortly thereafter.5. UMG may use a third party service provider to process payments, but will ensure that any payment processor engaged by UMG will be secure and reliable in encrypting credit or debit card data.6. UMG will check all transactions for signs of fraud and may use a third party service provider to do so. If your order is flagged as fraudulent, your order will be delayed and a representative may contact you to verify your information. Please contact email@example.com for any questions relating to your order if you are informed that it is reported as fraudulent.
Risk and title. The transfer of risk for the products purchased will take place from the moment of delivery. Title to the products will not pass to you until UMG has received full payment of all sums due in respect of the products, including delivery charges.
XII. Damaged, incorrect or incomplete orders
- If your order arrives damaged, incorrect or incomplete, please contact UMG at the following email address: firstname.lastname@example.org.
- Damaged. If Your ordered products arrive damaged, photographic evidence must be attached to your email to UMG. Once UMG has received the photographs, and if UMG recognizes the order as indeed damaged, UMG will issue you a return label by e-mail. Once the damaged Product(s) is/are returned to UMG and upon receipt of such Product(s) by UMG, UMG will provide you with the replacement Product(s).
- Wrong. If the product(s) ordered arrive and the product(s) is/are not what you ordered; once you have contacted UMG advising UMG that you have received incorrect products, UMG will email you a return label. Once the incorrect product is returned to UMG and upon receipt of the product(s) by UMGUMG will provide you with a replacement product.
- Worn or washed. UMG will not provide return labels and will not be responsible for products that have been worn or washed by the consumer.
XIII. Refund Policy1. If you cancel your purchase of products as detailed in Section XI above of the General Terms and Conditions, UMG will process the refund due to you as soon as possible. In such a case, UMG will fully refund the price of the product, including the cost of delivery of the item by standard delivery, provided that the product is returned to UMG in perfect condition. If audio, video or software products supplied to you in separate sealed packaging are opened, you may not be entitled to a refund due to the expiry of the right of withdrawal in accordance with the provisions of Article L .221-28 of the Consumer Code. For any return, the cost of returning the item to UMG will be your sole responsibility.2. If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or an error on the part of UMG, UMG will examine the returned product and notify you of your refund or any other possible option available to You by e-mail within a reasonable time.3. In the event that UMG must cancel your order after receipt of payment from you, UMG will inform You of the need for UMG to cancel your order and will proceed with the refund as soon as possible. 4. Products that You return due to a proven defect will be fully refunded, including reimbursement of the delivery costs for sending the item back and the costs You incurred to return the item to UMG.5. UMG will process any refunds using the same method You originally used to pay for Your purchase. If you use a gift card to make your purchase, or any other prepaid payment method, you will receive a credit on the applicable gift card or prepaid method; for this reason, you are required to retain any gift cards or prepaid methods following a purchase to ensure you receive credit on any refunds.
XIV. Technical problems 1. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, your sole remedy will be either a replacement product or a refund, as determined by UMG or the applicable third-party provider, as applicable.2. UMG shall not be liable to You for failures, defects or delays in delivery caused by:- The provision of incorrect information by you;- Your equipment (including your computer) does not meet the minimum technical requirements for the proper functioning of the Services;- Non-compliance with the instructions for use of the Services incubating you; or any event beyond UMG's reasonable control.
XV. International orders; Import duty1. Products ordered from this Online Store for delivery outside the territory of Metropolitan France may take up to eight (8) weeks from the date of shipment to arrive at the designated destination.2. Products ordered from this Online Store for delivery outside the territory of mainland France may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for paying these import duties and taxes. Additionally, You will be responsible for any local pickup or delivery specified with Your local postal service. UMG has no control over these local fees and requirements and cannot predict their amount. For any additional information, please contact your local customs office and post office before placing your order.3. You must ensure that You comply with all applicable laws and regulations of the country to which the products are shipped. UMG shall not be liable for any breach of such applicable laws and regulations by you incubating.
XVIII. Termination1. UMG may, at UMG's sole discretion, terminate your password, account (or any part thereof, as applicable) or use of this Online Store without notice if (i) you breach these Terms and Conditions; or, (ii) if UMG determines, in UMG's sole discretion, that the Services, Content or software are unsuitable and their suspension is necessary for any reason.2. Termination, suspension or cancellation of your access rights will not affect any other right or remedy to which UMG may be entitled, at law or in equity.3. Upon termination, all rights granted to you under these Terms and Conditions shall automatically terminate and shall immediately revert to UMG and UMG's licensors (except for any rights you may have in connection with the products You have purchased from this Online Shop).
XIX. Responsibility1. UMG warrants to you that all products purchased from UMG through this Online Store are of satisfactory quality and reasonably fit for all the purposes for which such products are commonly supplied. 2. With respect to the supply of products by UMG through this Online Store (including digital and physical products), UMG's liability for losses You suffer is strictly limited to the purchase price You have paid . UMG is not liable for consequential losses that are not foreseeable by You and UMG (such as loss of revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of management or office time) howsoever caused and whether caused by tort (including negligence), breach of contract or otherwise.3. UMG shall not be liable for damages of any kind whatsoever resulting from the use of the products, including, but not limited to, direct, indirect, incidental and/or consequential loss, including loss of profits, goodwill or any other intangible loss, even if UMG has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You. UMG shall only be liable to You for direct and actual losses incurred by You and shall not be liable for indirect, incidental and/or consequential losses, even if UMG has been advised of the possibility of such loss. 4. You agree to indemnify UMG, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, resulting from or related to the breach of these General Conditions which would be attributable to you (without this list being exhaustive: misuse of the products, violation of any law, rule, regulation or third party right applicable by you).5. Nothing in this Section limits or excludes UMG's liability:- in the event of bodily injury caused by UMG's negligence;- for fraud or fraudulent misrepresentation; Where- for any other matter for which it would be unlawful for UMG to exclude or attempt to exclude its own liability. XX. Rights and transfer1. The agreement between You and UMG created by these Terms and Conditions (the “Agreement”) binds you to UMG and UMG's respective successors and assigns.2. You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations under it, without the prior written consent of UMG. 3. UMG may transfer, assign, charge or sub-contract the Agreement, or any of UMG's rights or obligations hereunder, at any time during the term of the Agreement, provided that UMG remains primarily responsible for the obligations of UMG under the current Contract.
XXI. Events beyond UMG's control
- UMG shall not be liable for any failure or delay in performing any of UMG's obligations resulting from events beyond UMG's reasonable control. UMG's performance under these Terms and Conditions shall be deemed suspended for the period such event continues, and UMG will be granted an extension of time for performance for the full duration of such period. UMG will use its best efforts to find a solution by which UMG's obligations can be performed despite such an event.
XXII. Resolve disputes between you and UMG
- UMG aims to help You with any questions or complaints You may have regarding the services and goods provided by UMG. For any questions or problems please send an e-mail to UMG at email@example.com.
XXIV. Applicable law and jurisdiction1. These General Conditions will be interpreted according to the French legislation applicable to contracts concluded and executed in France.In the event of disputes arising from the interpretation or execution of this Agreement, the Parties assign exclusive jurisdiction to the competent courts of Paris.2. Please note that You must comply with all applicable laws and regulations of the country to which the products are being shipped. UMG will not be liable for any violation of these laws by you.
XXV. Communication 1. Applicable laws require that some of the information or communications UMG sends to You be in writing. When using this Online Store, You agree that communication with UMG is primarily electronic. UMG will contact you by e-mail or provide you with information by posting information on this Online Store. You agree to this electronic means of communication and you acknowledge that all contracts including the Agreement between UMG and You, notices, information and other communications that UMG provides to you electronically comply with any legal requirement that such communications be written. For the avoidance of doubt, all communications, including the conclusion of the Contract, will be in French.2. All legal notices that You give to UMG must be sent to UMG at the address indicated below or at the following e-mail address: firstname.lastname@example.org. UMG may notify You at the email or postal address You provide to UMG when placing an order or registering for this Online Store, or by posting the notice on this Online Store directly. The information will be considered received immediately when it is published on this Online Store, twenty-four (24) hours after sending an e-mail or within three (3) days after the date of publication. of any letter addressed to you. If necessary, to prove the service of a notice by mail, it will be sufficient for UMG to prove that this letter was correctly addressed, stamped and posted. In the case of an e-mail, that the e-mail was sent to the specified e-mail address of the recipient.3. If you have any questions regarding these Terms and Conditions, this Online Store or any of UMG's services, please contact: email@example.com. UMG's notification address is:UMG Business Services, Inc.To the attention of: Universal Music/ eCommerce Department, 20 rue des ditches saint-jacques 75005 paris