Terms & Conditions
Article 1 - Application of the general conditions of sale
These general conditions of sale govern all relations between the company VINYL DE PARIS PARIS whose head office is located 100 Rue Emile Cossonneau -93330 Neuilly sur Marne registered at the RCS Bobigny: 823 872 619, and its customers (the terms "Customer" and / or "BUYER" means the customer (s) of SAS VINYL DE PARIS.
These general conditions of sale are systematically brought to the attention of each Customer when placing an order. Consequently, the fact of placing an order implies the full and unreserved acceptance of the Customer to these general conditions of sale to the exclusion of all other documents, such as prospectuses, catalogs issued by the seller, internet publications, not having indicative value. Any contrary condition posed by the Customer will be, in the absence of express acceptance, unenforceable to the seller regardless of when it may have been brought to its attention. The fact that the company VINYL DE PARIS does not prevail at a given time of any of these terms and conditions of sale, can not be interpreted as a waiver to avail any of the said conditions below.
The present general conditions can be modified at any time and without notice by VINYL DE PARIS, the modifications then being applicable to all orders subsequent to this modification.
The photographs illustrating the products do not enter the contractual field. If errors are introduced, in no case the responsibility of VINYL DE PARIS can not be committed.
Article 2 - Obligations and guarantees
VINYL DE PARIS undertakes to use the master files of the works submitted by the Customer only to honor the orders placed by the latter and for the quantities, production tolerance included, which are determined in the order form.
The guarantee of VINYL DE PARIS is limited to the replacement of defective goods that have been the subject of a qualitative claim, excluding the repair of any other damage, including indirect damages such as operating losses and losses. customers, commercial, financial or moral damages.
The Customer can benefit from this guarantee only if he informs VINYL DE PARIS of the existence of a possible defect by email at first, then by registered letter with acknowledgment of receipt (LRAR) within 48 hours to from the delivery, and subject to a mention made on the transport voucher issued by the Carrier, upon receipt of the said goods.
Article 3 - Order taking, modification and cancellation
VINYL DE PARIS confirms the taking into account of the order of the Customer by email (Email).
Orders are final only when they are deemed complete (payment received, authorization of duplication transmitted by SACEM and / or other BIEM member company, graphics files and Master (s) received) and comply with detailed technical specifications on the vinyl website of VINYL DE PARIS.
Upon receipt of all these elements, VINYL DE PARIS undertakes to inform the Customer of any anomalies found on these files within 72 hours, by transmission of digital proof (for artwork). It must be approved by the Customer within a period not exceeding one business day after receipt, so as to start the production of the order and thus determine its date of delivery. Any change of order or files requested by the customer will lead to new production times. Also, if these new deadlines of production can not satisfy the customer and subsequently decides to cancel his order, VINYL DE PARIS would be entitled to claim from the customer 10% of the amount HT of the order initially submitted.
Finally, no in progress order can be canceled, even partially, for any reason whatsoever.
Article 4 - Technical Constraints
The technical needs vary from one order to another, it is imperative to refer to the constraints and technical specifications indicated on our site. Indeed, once the order has been added to the basket, the Customer has the possibility to have the technical conditions of VINYL DE PARIS and its Suppliers, printing templates among others, and thus access to all information on the format, resolution and quality of graphics and sound files to provide.
1. Artwork files:
Important: Despite the care taken by VINYL DE PARIS to check the artwork files and despite the professionalism of its partners and suppliers, it is occasionally possible that slight contrasts and nuances to the desired rendering of products result once the printing of your files is complete. This is sometimes explained by the visual difference of a file on screen and its rendering once printed.
In addition, the variety of materials and printing techniques, as well as the constant evolution of the environmental standards recommended for the use of inks, do not make it possible to obtain systematically a shade according to the files provided by the Customer even if these are built in Direct Tones (Pantone © swatches); Also, and in order to allow a better distribution of the technical costs and thus of the costs invoiced to our customers, printing is consolidated on large format plates which can result in a possible slight variation of ink rates and contrasts on the print files provided for our customers' orders. The Customer agrees to accept minimal variations in color, when they do not emanate from a printing error recognized as such (After having performed a quality control on the basis of a justified claim / See Article 2 - Obligations and guarantees).
Graphic files must be transmitted in PDF 1.3 setting Acrobat 4 (Minimum)
- FOGRA39 Color Profile (Without ICC Profile inclusions) / 300DPI with maximum inking of 320%.
Once the order has been placed and the files deemed complete, VINYL DE PARIS undertakes to check the conformity of the graphic files and to inform the CLIENT of possible anomalies within 72 hours after their reception via digital artwork PROOFS. This must be approved by the Customer within 1 business day of receipt, to start the production of the order and thus determine its date of delivery. In the case of necessary and possible modifications, VINYL DE PARIS will be able to make corrections to the files by submitting to validation to the Customer, a new digital PROOF. In any case, the order will enter production only after the approval by the Customer, which engages his full responsibility.
In the event a physical PROOF is requested, the Customer will have to formulate his request by email; VINYL DE PARIS will then inform the Customer the extra cost for the service that does not constitute the products and services offered on the Vinyle de Paris website.
Standards & Maximum Times:
If AUDIO Files for Lacquer Cutting: 44100 Hz / 16Bits
If DATA for Lacquer Cutting: .WAV 44100HZ or 48000HZ - 16 or 24Bits
Note: The conversion of a digital sound into a "signal" leads to modifications inherent to the physical medium of vinyl: loss or reduction of highs, accentuation of saturations, possible out of phase issues , loss of sound quality, sibilance issues, saturations related to a level db too high etc.
The times given below are therefore strongly recommended and should be considered as maximum in the preparation of a master.
|Format/ speed||45 rpm||33 rpm|
|7 INCH (17cm)||4"|
|10 INCH (25cm)||6"||8"|
|12 INCH (30cm)||8"|| 12"|
|TIMINGS TECHNICALLY POSSIBLE*|
|Format/ Speed||45 rpm||33 rpm|
|7 INCH (17cm)||6"||7"30|
|10 INCH (25cm)||8"30||18"|
|12 INCH (30cm)||13"|| 28"|
- In accordance with Article 2 "Bonds and Guarantees", if an anomaly related to the production of the order were to be noted after its delivery, VINYL DE PARIS is only required to replace the goods. Any product that has already been used can not be replaced. Also, the delay related to the execution of this replacement can not justify any compensation. Finally, the customer can not take advantage of this new manufacturing to make modifications to the original files supplied for the production of the initial order. If necessary, VINYL DE PARIS would be entitled to consider the new files as a new order and subject to further billing.
- All documents, files or media needed to perform the services remain the property of the Client. Subject to full payment of the products, these items will be returned to the Customer if he makes the express request within one year maximum after the delivery of his order.
VINYL DE PARIS will exercise its right of retention on these elements until the complete payment of the products (Article 9 - Payment / Invoicing). In any case, the items submitted by the Customer will be destroyed two years after completion of the Services without reprinting.
- Due to the production gaps inherent in the supply and production processes in this industry, the prices displayed for the products "PRESSING CD / DVD or PRESSING VINYLS" systematically include an over-production rate that can vary by + 3% at + 10% additional products to the quantity initially ordered. Test Pressings up to 5 copies are included for orders of 200 copies and up. The Customer undertakes to accept the delivery in full, within the limit of the tolerance thus expressed on the order summary. All over-production copies will be subsequently invoiced to the client. VINYL DE PARIS undertakes, for its part, to reimburse the Customer for any invoiced copy that has not been produced and delivered.
Stampers, like printing plates, are the property of Vinyl de Paris. These are production tools which we do not return or sell to the client. We keep them in stock so that our customers can repress as long as these are in good condition, but in the event of a problem or lack of space, we contractually commit to keep them for a minimum of 3 years. Beyond this time, we may have to dispose (by destruction) of these items after 3, 5 or 10 years depending on our storage capacity.
Article 5 - Shipping
Shipping is made generally, either to the address indicated on the order form generated on the Vinyle de Paris website or to an address forwarded by the Customer via email.
Shipping is subcontracted to a private transport company and is carried out on working days, from Monday to Friday, excluding public holidays, between 8:00 am and 6:00 pm. Depending on the delivery area, delivery times may vary from 24 hours to 96 hours after the day of departure from our production center. In case of absence, the Customer is notified of attempted delivery by the delivery courier via a notice with all the information necessary to make an appointment to arrange a new delivery. As this new delivery is not included in the selling price of the initial order, VINYL DE PARIS has the right to invoice the Customer for any supplement thus generated.
- In case of inaccessibility to the delivery point (construction, Events, Difficult or dangerous access, etc.) or incorrect/incomplete address (Name, First Name, Street and Name, Postal Code, City, Telephone Number, Door Code, Missing (s) or incomplete (s) etc), VINYL DE PARIS can not be held responsible for non-delivery of the order. This clause applies in all cases without exception.
- In the event of late delivery, the compensation due for the repair of all justified damages can not exceed the amount of the price of the transport billed to VINYL DE PARIS by its supplier (including duties, taxes and other fees) and excludes direct damages, indirect, material and immaterial such as loss of market, profits, opportunities, deprivation of enjoyment, production stop etc. Delivery times are given for information only, the possible delays do not give the right to the Customer to cancel the sale, to refuse the goods or to claim damages. This clause applies in all cases without exception.
- For reasons outside VINYL DE PARIS’ control, assuming the direct responsibility of the carrier for the delivery of the Customer's order, in the case of abnormally long delivery times and exceeding 10 working days for shipments in Metropolitan France only, financial compensation may be negotiated with VINYL DE PARIS on the basis of the selling price of the order without exceeding 20% of the amount billed excluding taxes. This clause applies in all cases without exception.
- In the case of the loss of the goods involved in its delivery, the Customer may either cancel the order and claim for reimbursement, or ask VINYL DE PARIS to proceed to a new manufacture. Financial compensation may also be negotiated with VINYL DE PARIS on the basis of the selling price of the initial order, without however exceeding 20% of the amount invoiced before taxes. This clause applies in all cases without exception.
- Excluded from any claim and can not be regarded as under the civil responsibility of VINYL DE PARIS, the following cases of force majeure:
Claims (Including bad weather, hindering the good circulation of goods on the transport networks commonly used by transport professions), Administrative decisions, Stop of transports, Natural disasters, war, riot, fire, strikes (and including the postal strike and carriers), accidents, the impossibility of being supplied, etc. This clause applies in all cases without exception.
In any case, VINYL DE PARIS will keep the Client informed of the cases or events mentioned above.
Article 6 - Delivery
Upon receipt of the goods, the Customer must immediately check the integrity of the order and check the condition of the goods received. Any claim on goods delivered must be communicated to the Vinyl De Paris accounts manager within 7 days of delivery. In the event of damaged parcels the client must also note his reservations and remarks in writing, on the delivery slip presented by the carrier at the time of delivery. In the case where the package (s) are damaged and their deterioration has impacted the goods, the Customer must refuse the delivery in full or mention any damage on the transport note otherwise VINYL DE PARIS can not justify any anomaly on the goods delivered to its supplier.
All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or any other dispute with respect to the offer accepted and confirmed by the seller, must also be made in writing by LRAR within 48 hours upon receipt goods, failing which the right to claim will cease to be acquired. In addition, it is the Customer's responsibility to provide any justification as to the reality of the defects noted. He will have to leave to VINYL DE PARIS any facility to proceed to the ascertainment of these vices and to bring forth a resolution. He will refrain from intervening himself or involving a third party for this purpose.
Article 7 - Litigation, Returns and Terms
Claims or disputes will always be received with attentive benevolence, the good faith being always presumed in the one who takes the trouble to expose his situations.
In case of dispute, the Customer will make his claims with VINYL DE PARIS (Article 2 - Obligations and guarantees). Otherwise, the Commercial Court of BOBIGNY has sole jurisdiction.
- Any return of products must be the subject of a formal agreement between VINYL DE PARIS and the Customer.
- The costs and risks related to this return will be borne by the Customer.
- Any reinstatement accepted by VINYL DE PARIS and its suppliers, in the case of an apparent defect or nonconformity of the delivered products, will allow the Customer to obtain the free replacement or the return of an asset to his profit, to the exclusion of any other indemnity or damages and interest, without however exceeding 20% of the amount HT of the order thus invoiced.
Article 8 - Rates
The products are supplied at the price in effect at the time of the order's date. Any taxes, duties, fees or other benefits payable under the French regulations, or those of an importing country or a country of transit, are the responsibility of the Customer.
The price mentioned on the order form is understood all taxes included in France (except DOM and TOM); It includes in particular the applicable VAT or any other applicable taxes as well as the expenses related to the delivery of the order (Metropolitan France only).
Article 9 - Payment / Billing
Except under discussed and accepted circumstances, payment is done in one time and in total, in the following means:
- Wire Transfer
- By Credit Card (Paypal)
The order will be considered once the funds guaranteed in the bank account or PayPal account of VINYL DE PARIS.
Note: In all cases and without exception, any unpaid sum or any late payment, will give rise to right and without prior notice, by derogation from Article 1153 of the Civil Code, to the payment of interest for late payment. at the legal rate on the day of the billing, these interests running from the day of the due date to the complete payment of the order (s). Also, VINYL DE PARIS will suspend all current orders, without prejudice to any other course of action.
In the case of a formal notice and in case of default of payment 48 hours after its sending by LRAR, the sale will be automatically terminated if it seems VINYL DE PARIS who may request, in summary, the return of products without further prejudice to any other damages. The resolution will affect not only the order in question, but also any previous unpaid orders, whether delivered or being delivered and whether or not their payment is due (Law No. 80-335 of 12 May 1980).
In case of payment by bill of exchange, the failure to return the bill will be considered as a refusal of acceptance similar to a default of payment.
Similarly, when the payment is staggered, the non-payment of a single maturity will result in the immediate payment of all the debt without notice.
In all the preceding cases, the sums that would be due for other deliveries, or for any other cause, will become immediately due if the seller does not opt for the resolution of the corresponding orders (any invoice recovered by litigation service will be increased to as a non-reducible criminal clause within the meaning of Article 1229 of the Civil Code, an indemnity fixed at a fixed rate of 10%). Under no circumstances may the payments be suspended or be the subject of any compensation without the prior written agreement of VINYL DE PARIS. Any partial payment will first be applied to the non-privileged portion of the claim and then to the amounts for which the due date is the oldest.
In the case of a dispute related to a default in payment, the customer undertakes to reimburse all the costs incurred by the litigation recovery of the sums due, including the fees of departmental officers.
Article 10 - Retention of title clause
In application of the law n ° 80-335 of May 12th, 1980, VINYL DE PARIS retains the property of the product until the complete payment of the price by the Customer. During the retention period, the Client will bear the risk charge in the event of loss or destruction of the item sold upon payment. Also, all the tools, files or documents necessary for the production of the Customer's order remain the exclusive property of VINYL DE PARIS and its suppliers.
Article 11 - Intellectual property
The Customer declares to be fully and completely the holder of all the exploitation rights relative to the works, and all their components (image, sound, video text ...), as contained on the masters he gives to VINYL DE PARIS and his suppliers for reproduction. The Customer also declares to have paid to the rights holders (individuals or organizations), both French and foreign, the full royalties relating to the works, objects of the order.
The same goes for all the distinctive signs (trademarks, drawings, photographs, acronyms, logos) affixed to the booklets, textiles, posters, flyers, pouches, etc., whose manufacture would be entrusted to VINYL DE PARIS.
If the Customer sends a personal reason or takes influence on the product (textual customization), he assures VINYL DE PARIS that the text and the reason are free of rights of third parties. In this case, any violations of copyrights, personality or right in the name are the sole responsibility of the customer. The customer also ensures that it does not infringe any other rights of third parties by individualizing the product.
In addition, the Customer guarantees VINYL DE PARIS:
- To be the sole owner of the copyrights of the elements of production provided for reproduction or to have received the agreement of the owners for the reproduction and distribution of the product described in the order.
- Not to have transferred an exclusive license (or any other type of license), relating to the product ordered, to a third party. That the product to be reproduced does not infringe the copyright or other rights of a third party.
- That the product contains nothing obscene or illegal.
- Undertake to provide VINYL DE PARIS with all the information and documents justifying the ownership of the intellectual rights declared.
- Accept that, despite the data non-disclosure agreements, VINYL DE PARIS may consult the bodies governing intellectual property rights (IFPI, BSA, IRMA, LRCDAS, RIAA, BIEM, OSA, etc.). In such a consultation, only the necessary information determining the intellectual property in question will be disclosed.
- Take note that VINYL DE PARIS, will keep the manufacturing elements as well as the finished products, during a limited period in order to be able to determine an intellectual property questioned if necessary.
- Undertake to fully indemnify VINYL DE PARIS, losses, legal actions, claims procedures, costs, damages and legal costs or any other expenses arising from any breach of any of the warranties referred to above in the event that the liability from VINYL DE PARIS would come to be sought or engaged.
Article 12 - Data Protection
The data processing is strictly in accordance with the rules set out in the reference text NS-48 Customer-prospect files. The NS-48 standard deals with treatments that deal with the management of client and / or prospect files in a public or private organization. This standard can not be used by professionals in the following industries: Health, Education, Banking, and Insurance. It applies to processing operations for customer management operations (contracts, orders, deliveries, invoices, accounts receivable and loyalty accounts), prospecting (constitution and management of a file of prospects), assignment, renting or exchanging customer and prospect files, developing business statistics and sending solicitations. The data recorded relates to the identity of the customer, the means of payment used, his family, economic and financial situation, the commercial relationship and the payment of bills. The collection of the social security number (or NIR) is excluded. The data may, under certain conditions, be transferred outside the European Union. The customer data can not be kept beyond the commercial relationship (except in case of need to establish the proof of a right or a contract which can be archived in accordance with the provisions of the code of commerce, in this case 10 years). Prospective data are only kept for the duration necessary to carry out prospecting operations (recommended duration: maximum 1 year after the last contact or no response after two successive solicitations). The persons concerned are informed, when collecting the information, of the rights of access, rectification or opposition which are recognized by the law of 6 January 1978.