TERMS AND CONDITIONS OF SALE

The website available at the address: 3dsoundlabs.com (the «Site») is published by the company 3D SOUND LABS, a limited liability company with capital of 78 891.85 Euros, registered with the Trade and Commerce Registry of Rennes under number 799 927 371, registered head offices situated 22 rue de la Rigourdière 35510 Cesson Sévigné (hereinafter «3DSL» or «we»).

 

Last update: November 27 2017

 

The website available at the address: 3dsoundlabs.com (the «Site») is published by the company 3D SOUND LABS, a limited liability company with capital of 78 891.85 Euros, registered with the Trade and Commerce Registry of Rennes under number 799 927 371, registered head offices situated 22 rue de la Rigourdière 35510 Cesson Sévigné (hereinafter «3DSL» or «we»).

In placing an order on this site you certify that you are an individual of legal age acting for yourself and not for any purpose relating to a trade, business craft or profession; you acknowledge that you have full legal capacity to agree to and accept these terms and conditions of sale (« T&Cs ») when you enter into a transaction on this Site.

We reserve the right, at any time, to amend, change or periodically update these T&Cs. You must accept any changes before placing any subsequent orders.

We recommend that you take and keep a copy of these T&Cs at the time that you register on the Site and on the day that you place an order.

Scope of application

The T&Cs govern all agreements relating to the purchase of products concluded between a client consumer (the «Client» or «you») and 3DSL through the Site. All deliveries, services and offers from 3DSL will be made exclusively on the basis of these T&Cs.

All photos shown on this Site are for information purposes only and have no contractual value whatsoever.

Article 2 – Orders and conclusion of a contract

The presentation of products on the Site does not constitute an offer, but merely an invitation to place an order.

2.1 The order procedure

Your product order will be placed only after the electronic order procedure has been completed via the Site. When selecting one or more products, these latter are placed into a virtual shopping cart. All of the products that have been selected can be viewed in the shopping cart. You can also change the number of products selected, and remove a product.

By clicking «Confirm order and pay» to validate your selection, you will be invited to enter your information for delivery purposes, and to select a payment method. Before your order is completed, you will see a summary of all relevant information concerning your order.

An order constitutes a firm offer made by you. You will be sent an email immediately after your order has been confirmed, acknowledging that the order has been received. This acknowledgement of receipt does not constitute acceptance of the contract.

2.2 Order Validation

We will send you an email confirming your order, subject to receipt of payment of the sums that fall due for the order. Receipt of this email confirms that we have accepted your order and that we have entered into a contract, by virtue of which we will sell to you the products that you have ordered in accordance with these T&Cs.

2.3 Cancelling or amending an order

After an order has been placed, exceptional circumstances may prevent us from delivering the products to you, for example if the products are not available and we were not aware of that fact when we acknowledged receipt of your order and/or accepted your order. Likewise, we may be compelled to cancel your order in case of technical errors leading, in particular, to products being displayed at unusually low prices.

If this should be the case we will inform you as soon as possible by email and we will reimburse you the price of the unavailable products or the products offered at an unusually low prices. If the payment procedure has not yet started, payment for these products will not be taken.

If you have placed an order by mistake and you wish to cancel it, please contact our Customer Service department immediately under the conditions set out at article 16 herein. We will process your request as quickly as possible. We would draw your attention to the fact that it is only possible to cancel an order if the products have not yet been dispatched. If the products have already been dispatched, cancellation will no longer be possible. You may, where applicable, exercise your right of withdrawal according to the procedure set out at article 8 herein.

If you wish to amend your order or if you have any questions concerning returns, please contact our Customer Service department under the conditions set out at article 16 herein.

Article 3 – Price

The prices of the products featured on the Site are subject to change. The price applicable to your order is that indicated on the date at which the order was placed.

All prices featured on the Site are in Euros. Products delivered in France are subject to French VAT, which will be indicated as an addition by 3DSL.

For delivery to countries other than France, taxes and custom duties may be applicable. 3DSL will inform you of those amounts that can be calculated in advance and of which 3DSL is aware at the time the order is placed. We invite you to contact the Customs authorities in the country to which delivery is to be made for more information on procedures to be followed and the amount of any taxes and customs duties due. You can also contact our Customer Service department, under the conditions set out at article 16 herein, for any additional information, in particular concerning storage sites. In any case, all taxes and customs duties related to your order, delivery costs and import costs will be paid by you.

Article 4 – Delivery Conditions

4.1 Delivery address and method

Products are delivered to the address that you give when you place your order, and only in the geographic zones that we cover.

We would draw your attention to the fact that our products carry the CE, FCC and IC certifications. If you want products to be delivered to a country that is not covered by these certifications, 3DSL shall not be held liable for any consequences arising from the delivery of products to these countries.

4.2 Delivery costs and times

Delivery costs and times are indicated at the time the order is placed.

For delivery to countries other than France, additional transport and delivery charges may apply. 3DSL will inform you of all costs that can be calculated in advance at the time that the order is placed. All delivery costs will be paid by you.

The possibility remains that products will be shipped late, or that products will be lost. In this case we invite you to contact our Customer Service department, in writing by sending a registered letter with acknowledgement of receipt or an email, requesting that delivery be made within a reasonable time.

If delivery is not received after this additional period of time, you may decide to cancel your order by sending a registered letter with acknowledgement of receipt or by email to our Customer Service department. In this instance, if you should cancel your order we will reimburse the total of all sums paid by you when the order was placed (including any delivery costs) for the product whose delivery was late, within a period of fourteen (14) days following receipt by 3DSL of the cancellation request

If events should arise that severely hamper or prevent delivery for a sustainable period (for example, industrial action, lock-out, an administrative decision, products lost by the carrier, bad weather or other), we will not be held liable for any delays, including in case of extension of delivery period and fixed dates.

4.3 Taking over delivery

Delivery will be taken over by a carrier, details of which are given on the Site.

4.4 Faulty Delivery

All products leave our premises in perfect condition.

If, at delivery, the product does not comply, you must express your reservations in writing on the delivery document, or refuse delivery. In particular, you must point out every trace of damage on the packaging (holes, signs of crushing etc..) to the carrier, and, where applicable, refuse the package.

The mention “subject to unpacking” on the delivery document has no value. Claims for a product that is declared at a later date to have been damaged during delivery, but for which no reservations were recorded when the package was accepted, will not be upheld

In case of failure to comply with these conditions, 3DSL shall not be held responsible. In such case the order will not be re-delivered or reimbursed on the basis of non-compliance (subject to the provisions of articles 12 and 14).

Article 5 –Payment Terms and Conditions

When placing an order we offer the following methods of payment: Visa, MasterCard, American Express.

You must provide your card number, expiry date and the last three digits of the security number found on the back of your card. The SSL security protocol ensures that your personal information sent over the Internet will remain confidential.

Your card will be debited as soon as the email confirming that your order has been accepted is sent

Article 6 – Transfer of risk

Risk of loss or damage to an ordered product will be transferred to you as soon as you take physical possession of the product.

Article 7 – Retention of ownership

We remain the owners of the purchased product until full and final payment of all sums due for the order has been received.

Article 8 – Right of withdrawal

As a consumer within the meaning of the introduction to the Consumer Code you have a right of withdrawal.

Withdrawal procedure

You have the right to withdraw without giving any reason within a period of fourteen (14) days from the date on which you receive the product.

In order to exercise this right of withdrawal you must inform us of your decision to withdraw by means of an unambiguous, clearly worded statement sent by email to customer.support@3dsoundlabs.com. You may also use the withdrawal form, available here, but this is not compulsory. You may also send us any other clearly worded statement of withdrawal available here.

In order to fall within the withdrawal period, you must send us notice of your intention to exercise your right of withdrawal before the end of the withdrawal period.

Returning products

Products must be returned to the address that the Customer Service department has sent to you.

You must return or render to us the products for which you have exercised our right of withdrawal within a period of fourteen (14) days following communication of your decision to withdraw. This period shall be deemed to have been complied with if you return the product before this period expires.

The product must be returned in its original packaging, adequately protected, and, obviously, it must not have been used. Any product that has been returned and is found to be incomplete, damaged or which is not in its original packaging will not be reimbursed.

You are liable for the direct cost of returning products. These costs are estimated at a maximum of approximately 40 Euros, including tax.

You are responsible for dispatching the products. You will only be liable for damage to the products caused by any other handling than that which is necessary to establish the nature, the characteristics and the working condition of the products contained in the products

Effect of withdrawal – Reimbursement

In case of valid exercise of your right to withdraw, we will reimburse a sum corresponding to the price of the product that you paid and the costs of the initial delivery by 3DSL (excluding the cost of returning the product, which must be paid by you), at the latest fourteen (14) days from the date at which we receive notice of your decision to withdraw. We may defer reimbursement until we have received the returned product or until you have provided evidence that the product has been dispatched, the date retained being the date relating to the first of these events.

Reimbursement will be made by the same means as the payment option used by you for the initial transaction, unless you have expressly agreed upon a different means; in any case this reimbursement will not result in any charges for you.

Article 8bis: Right of withdrawal specific to the HRTF generation service.

By exception to article 8, the HRTF personalization service proposed by 3DSL consists of providing a digital content on an intangible medium. The right of withdrawal does not apply to this service.

Article 9 – Conditions of use

Warnings

Never leave your headphones unsupervised in direct sunlight or in any other place where they are at risk of overheating. Never use your headphones in wet conditions, and in particular in the rain or under a shower. Spilling liquid or foodstuffs on your headphones can also damage them.

Generally speaking, we would like to draw your attention to the fact that overheating, humidity, and any type of liquid, sand or dust may damage your equipment.

Prolonged listening at high volumes can lead to a loss of hearing and/or hearing problems (temporary or permanent deafness, ringing in the ears, tinnitus, hyperacusis). You are therefore strongly advised not to use this product at full volume, and not to use it for more than one hour per day at medium volume.

These headphones contain a non-replaceable lithium-ion internal polymer battery. This battery may burst or explode if mishandled, thereby releasing hazardous chemicals. To limit the risk of fire or burns, do not disassemble, crush or perforate the battery. Recycle it, or dispose of it safely in accordance with local rules and regulations. Do not dispose of the battery in fire or water.

We would also draw your attention to the fact that your headphones can be put under considerable strain in a bag or in a jacket pocket. For a longer life, and to avoid mechanical breakages, we recommend that you get into the habit of replacing your headphones in their case when you have finished using them.

Player use and user contents

In order to enjoy all of the functionalities of the product, you must use the audio and video player that 3DSL has made available free of charge. The license conditions for this player can be accessed here.

3DSL will not be held liable for any content that is uploaded. You alone will be solely responsible for all such content.

Article 10 – Spare parts

When 3DSL receives information from the manufacturer or the importer about the availability of spare parts, 3DSL will pass this information on, notably on the Site.

Article 11 – Commercial Warranty

3DSL guarantees its own branded products against malfunctions in materials and workmanship, as long as said products have been subject to normal use in accordance with the advice and recommendations for use provided by 3DSL, and on condition that such malfunction arises within a period of one (1) year from the initial date of purchase of a brand new 3DSL product from a professional seller.

Advice and recommendations for use include, in particular, the technical specifications, safety instructions or product user guides.

3DSL does not guarantee uninterrupted or error-free product operation.

This commercial warranty does not cover (i) damage, defects or malfunctions caused by carelessness or lack of maintenance, misuse, improper, abusive or inappropriate use, incorrect handling, a fall, an accident, an impact or a fire; (ii) damage, defects or malfunctions caused by humidity, contact with any liquid (such as water, sodas, coffee), high or unsuitable temperatures, significant changes in temperature, sand, dust; (iii) damage, defects or malfunctions caused by interventions or repairs that have not been carried out by 3DSL or a third party approved by 3DSL; (iv) obsolescence or normal wear and tear

Article 12 – Statutory warranty

3DSL is liable for any lack of conformity of the product under the contract according to the conditions set out at article L. 211-4 and following of the Consumer Code, and for hidden defects in the thing sold according to the conditions set out at articles 1641 and following of the Civil Code.

When the consumer acts under the statutory warranty of conformity::·      He has two (2) years from the date at which the product(s) is(are) delivered to act; ;

·      He can choose between repair or replacement of the product, subject to the costs involved, as set out at article L. 211-9 of the Consumer Code;

·      He does not need to provide any evidence of lack of conformity during the six (6) months following delivery of the product (to be extended to 24 months with effect from March 18 2016);

·      The statutory warranty of conformity is independent of any commercial warranty that may be provided.

The consumer may decide to apply the warranty against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code (the thing sold is unfit for intended use or the vice reduces possible use to such an extent that the client would not have acquired it or would have paid a much lower price) and in this case he may chose between rescinding the sale or a reduction in the sale price in accordance with the terms of article 1644 of the Civil Code.

Statutory warranty of conformity (articles L. 211-4 and following of the Consumer Code):

You are covered by the statutory warranty of conformity.

Article L. 211-4 of the Consumer Code states that:

« The seller is required to deliver a product that conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or assembly instructions or the installation if he assumed responsibility therefor or had it carried out under his responsibility. »

Article L. 211-5 of the Consumer Code states that:

« To conform to the contract the product must:

1° Be suitable for the purpose usually associated with such a product and, if applicable:

– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or a model ;

– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.»

Article L. 211-12 of the Consumer Code states that:

« Action resulting from the lack of conformity lapses two years after delivery of the product.»

  • Statutory warranty relating to hidden defects (articles 1641 and following of the Civil Code):

Article 1641 of the Civil Code states that:

« The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would have paid a lesser price for it if he had known of the defects. »

The first line of article 1648 of the Civil Code states that:

« An action resulting from critical defects must be brought by the buyer within two years from the discovery of the defect. »

We would invite you to contact our Customer Service Department, the coordinates for which you will find in article 16 of these T&Cs, for further details on product returns and reimbursements under these warranties.

In any case the aforementioned provisions in no way prevent you from exercising your right of withdrawal in accordance with article 8 of these T&Cs.

Article 13 – Protection of personal data

3DSL use the personal information that you provide on the Site in order to process your order and to send you newsletters and emails relating to products similar to those ordered.

When browsing the Site, cookies are stored on your computer, smart phone or tablet. Cookies are small files sent to your browser and stored on the hard disk of your computer, smart phone or tablet. They record information relating to your navigation history on the Site (pages visited, date and time of the visit, etc.), which 3DSL might use on your subsequent visits.

3DSL uses cookies to allow you to navigate around the Site and to use all of its features. 3DSL also uses cookies for statistical and advertising purposes. These cookies are sent by third-party companies to identify your interests and personalize the advertising content that you see on and off the Site.

You can block them by changing the settings in your browser so that cookies are no longer accepted. However, we would point out that, by blocking some cookies, you will no longer have access to all of the features on the Site.

Before advertising cookies can be installed you must give your consent. You may choose to deactivate these cookies at any time.

You have the right to consult, amend or rectify any of your personal information, and the right to object to your personal information being processed for legitimate reasons, by sending us an e-mail to customer.support@3dsoundlabs.com.

Article 14 – Liability

This article applies to all contents, products and services made available by 3DSL via the Site or any other 3DSL communication channels (email, telephone, etc.) as well as to the products.

3DSL shall in no case be held liable for any Internet connection problems, loss of network, non-receipt of a newsletter, maintenance or other restrictions affecting access to the Site, impossibility of accessing the Site or limited access to the Site.

3DSL can not be held liable for non-receipt of an order or information in case of error on your part, deliberate or not, in providing your personal coordinates for registration, payment and/or delivery of an order.

3DSL will only be responsible for direct damage caused to you by a breach by 3DSL of its contractual obligations, in accordance with statutory provisions.

3DSL will not be liable for any damage caused by a failure to follow the instructions for use of the product, nor for (i) damage, defects or malfunctions caused by carelessness or lack of maintenance, misuse, improper, abusive or inappropriate use, incorrect handling, a fall, an accident, an impact or a fire; (ii) damage, defects or malfunctions caused by humidity, contact with any liquid (such as water, sodas, coffee), high or unsuitable temperatures, significant changes in temperature, sand, dust; (iii) damage, defects or malfunctions caused by interventions or repairs that have not been carried out by 3DSL or a third party approved by 3DSL; (iv) obsolescence or normal wear and tear.

In accordance with article L. 121-19-4 of the Consumer Code, 3DSL will not be liable for non-performance or improper performance of this contract that may be attributed to your behavior, or to the unforeseeable or insurmountable act of a third party, or in a case of force majeure.

Article 15 – Intellectual property

Everything on the Site (including all content, text, images, code, architecture, brands) is protected by intellectual property rights. You must not use, copy or download all or part of the contents of the Site, unless you have first obtained express authorization from 3DSL. The following in particular are prohibited: reproduction, representation, re-use, extraction, storage or conservation of a qualitatively or quantitatively substantial part of the Site, in any form whatsoever.

Article 16 – Applicable jurisdiction

You can contact the Customer Service Department of 3DSL at any time (before or after placing your order) by email at the following address :customer.support@3dsoundlabs.com.

Article 17 – Applicable jurisdiction

These T&Cs are executed and interpreted in accordance with French law. In case of dispute and in the absence of an amicable resolution, the French courts shall have jurisdiction.

Article 18 – Miscellaneous

These T&Cs constitute the entire agreement between the parties with reference to the subject matter hereof. All previous agreements, written or verbal, relating to the same subject matter will be replaced by these T&Cs. All general terms and conditions outlined in these T&Cs will be applicable in as far as the law permits them.

If one or more of the provisions in these T&Cs should be held to be invalid, null, inapplicable or unenforceable in application of statute, law or following a decision by a competent court or authority, all other clauses shall remain in full force and effect, as long as the economic balance of these T&Cs is thereby maintained.

If one of the parties should be late in exercising any one of its rights whatsoever, or fails to exercise any such right, this shall not be deemed to be a waiver of said right(s), whether it be a past or future event.

Moreover, neither party may waive the right to rely on any of the provisions whatsoever in these T&Cs unless such waiver is given in writing and signed by that party or a duly authorized representative thereof.

You accept that all correspondence and/or communication and/or transmission of information with 3DSL by electronic means shall have the same probative value as if it had been written on paper.