TERMS AND CONDITIONS OF SALE COMPANY DETAILS Company name Focal JMLab SAS Legal status and company capital French SAS with capital of 1.062.080 CEO Christophe Sicaud Headquarters BP 374, 108 rue de l avenir 42353 La Talaudière cedex Phone +33 (0)4 77 43 57 00 Website www.focal.com EU VAT No. FR 49 344 394 309 Siret (company registration) No. 344 394 309 000 35 Date last updated 13 July 2017 TERMS AND CONDITIONS OF SALE FOR NON-PROFESSIONAL CLIENTS By purchasing products offered for sale by Focal JMLab on the www.focal.com website (hereinafter the Website ), the Buyer acknowledges that he has acquainted himself with the content of these Terms and Conditions of Sale in their entirety, and has accepted them beforehand. ARTICLE 1 APPLICATION OF THE TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale are applicable to any orders of products available on the Website (hereinafter the Products ) placed with Focal JMLab by any natural person (hereinafter the Buyer ). Focal JMLab draws the Buyer s attention to the fact that Products ordered on the Website can only be delivered to the following countries, according to the terms set out in Article 6 of these Terms and Conditions of Sale: - Mainland France; - The United Kingdom; - Germany. The Buyer acknowledges that he is aware of such conditions and that he accepts the rights and responsibilities they entail. The Terms and Conditions applicable to a Product order are those in effect on the day that the Buyer places the order. Focal JMLab recommends that the Buyer retains the Terms and Conditions, in particular so that he can refer to them if necessary at any time during the performance of the Contract.
ARTICLE 2 ORDERS 2.1 To place an order on the Website, the Buyer must have the capacity to enter into contracts in accordance with the terms set out in these Terms and Conditions, meaning in particular that he must have reached the age of legal majority, or if he is subject to a court order relating to his protection or capacity, he must be assisted or represented by an appropriate person (for example a guardian). 2.2 The Website is only intended for the use of consumers or non-professionals and is not designed to sell large quantities of the products proposed. The Buyer therefore declares that he is not ordering products from Focal JMLab Website for professional resale. Any abusive or abnormal behaviour shall result in the suspension of the order process or the closing of the Buyer s account. ARTICLE 3 PRODUCTS - PRODUCT AVAILABILITY Focal JMLab shall use its best endeavours to ensure that the photographic representations of the Products or services on the Website correspond as closely as possible to the Products themselves. However, as the Products are represented digitally on the Internet, it is possible that the Buyer may see the photographic representations of the Products differently and they may not correspond exactly to the Product itself. Offers of Products are valid for as long as they are visible on the Website, and only within the limits of available stocks. If the Product(s) are temporarily unavailable (except if they are sold out), the timescale for delivery shall be specified. In case of unforeseen temporary unavailability of Products that occurs once the order has been placed by the Buyer, the latter shall be informed by email as soon as possible and shall have the choice between substitution of an equivalent product or having his order refunded. ARTICLE 4 ORDERING METHODS Orders are placed directly on the Website (www.focal.com). If the Buyer wishes to place an order, he must follow the following procedure: Choosing the product: the Buyer selects the Product(s) that he would like to order by adding them to his basket. The Buyer acquaints himself with the Terms and Conditions of Sale applicable to the order and acknowledges that he accepts them by ticking the appropriate box.
Review of products chosen and of the order: the Buyer checks the content of his order, the total price and confirms his order by clicking on the appropriate button. The Buyer selects his payment mode and, if required, the information necessary to use that payment mode, and expressly acknowledges his obligation to pay by clicking on the corresponding button: Proceed to checkout. Personal details: The Buyer must create a client account on the Website and fill out the personal details form provided, entering the information requested, in particular his contact details, billing and delivery addresses, if these are different (please note that deliveries to PO boxes are not accepted). Means of payment confirmation: the Buyer enters the necessary information in order to use the chosen means of payment. Until the final stage, the Buyer has the option to return to previous pages and correct or amend his order and the information entered. Order confirmation: the order placed by the Buyer shall be confirmed by Focal JMLab via automatic email as soon as possible, summarising the content of the order, in particular: o The product number/name, description and quantities ordered, as well as the unit price per item with all taxes included, the environmental contribution tax amount, the total postage/delivery charges, VAT as applicable at the date of ordering and the total amount of the transaction. o The billing address and the delivery address (if different to the billing address). o The provisional shipping date for Pre-Order Products. The Buyer may retain and/or print this email, as proof that he has placed his order with Focal JMLab. ARTICLE 5 PRICE - PAYMENT METHODS AND SECURITY 5.1 The prices charged are those which are offered on the day the Buyer confirms his order. All prices are given in euros, with all taxes (including the environmental contribution tax) included. The currency in which the Buyer purchase the Products may be different from the currency in which the prices are shown on the Website. If the Buyer s bank applies an exchange rate to the transaction, the Buyer shall be responsible for any exchange costs applied by his bank. The prices shown on the Website can change at any time, although it is expressly specified that Products are charged on the basis of the prices shown on the Website at the date of confirmation of the order by the Buyer. 5.2. Delivery charges to mainland France, Germany and United Kingdom Delivery charges are paid by Focal JMLab for all orders of 50 or above. For all orders under 50, the Buyer contributes to the cost of delivery for the products he orders. The contribution towards delivery costs is set at a fixed amount per order. This fixed contribution amounts to 10.06 including all taxes; the contribution amount is shown as part of the order processes before the order is confirmed. 5.3. Payments can be made only by using the following means: bank cards: CB, VISA, VISA ELECTRON and MASTERCARD and MAESTRO; E-BLUE CARD. The Buyer s account shall be debited after confirmation of approval from the Buyer s bank payment center.
The Products remain the property of Focal JMLab until the Buyer has paid all sums owing to Focal JMLab in their entirety. ARTICLE 6 PRE-ORDERS Some Products are available for pre-order. These are new Products which shipment date is related to the official retail release date. The order process for Products available for pre-order is identical to the one applicable for Products that are in stock, except for shipping/delivery timescales, which depend on the official retail release date for the pre-ordered Products. It is expressly reminded to the Buyer that the order process involves debiting the Buyer s bank account during the final stage of the ordering process (see Article 4), after confirmation of approval from the Buyer s bank payment center. For Products available for pre-order, the date indicated in the product information is the official retail release date. Please note: This date may be modified in order to take into account logistical or commercial restraints relating to the launch of a new product. The Buyer s bank account shall be debited as with a normal order. For any order containing more than one Product that contains a pre-order Product, the Products in stock shall be shipped upon receipt of the order. For the pre-order Products, the shipment date shall be the official retail release date. The Buyer acknowledges that he has been informed of such specificity concerning pre order Products and expressly accepts it. ARTICLE 7 DELIVERY METHODS AND TIMESCALES 7.1. Products sold on the Website shall be delivered to the delivery address indicated by the Buyer, which must be either: - in mainland France; - in the United Kingdom; - or in Germany. The Buyer is responsible for the accuracy of the information he supplies during the order process. In case of error in the wording of the delivery address (in particular the name of the Buyer or third party taking delivery, building number and street name, post code, name of town, phone number or email address), Focal JMLab cannot be held responsible for delivery not being possible. 7.2. Delivery timescales Focal JMLab shall endeavour to ship Products within 48 hours, with the maximum delivery timescale being fifteen (15) days after the Product is ordered, unless the Buyer is specifically informed otherwise before the Products are ordered. In such cases, Focal JMLab shall indicate to the Buyer the latest possible delivery date. 7.3. Transport methods Deliveries shall be made by UPS. A tracking number shall be sent to the Buyer by email. 7.4. Delivery fees
The cost of delivery for each country mentioned above is set out in Article 5.2 of these Term and Conditions of Sale. 7.5 Upon delivery, the Buyer shall check the Product that has been delivered to him, and communicate any reservations or complaints that may be necessary (for example: parcel damaged, already open etc.). In case of a delay to shipping, Focal JMLab shall email the Buyer to inform him of the impact this may have on the delivery timescale that he was given. If delivery is delayed, Focal JMLab shall suggest a new delivery timescale via email. In all cases, in accordance with the provisions of article L. 216-2 of the French Consumer Code, if Focal JMLab fails to deliver the Product by the date or within the timescale stated or, if none is given, at the latest thirty (30) days after the contract was entered into, the Buyer can cancel the contract, by registered letter with acknowledgement of receipt, or by email, if they have already contacted Focal JMLab by one of the aforementioned methods and asked them to deliver the product or provide the service within a reasonable additional time period, and if Focal JMLab has not done so within that time. The Contract is considered cancelled upon receipt by Focal JMLab of the letter or written communication informing it of the cancellation, unless the Contract has been performed in the meantime. However, the Buyer can immediately cancel the contract if Focal JMLab refuses to provide the Product or if Focal JMLab does not fulfil its obligation to deliver the Product by the date or within the timescale provided and if this date or timescale is an essential requirement for the Buyer that he has expressed to Focal JMLab before the Contract was entered into. Focal JMLab hereby reminds the Buyer that from the moment the Buyer (or a third party taking delivery, other than the delivery service, that the Buyer has nominated) physically takes possession of the Product, the liability for loss of or damage to the Products is transferred to him. ARTICLE 8 WITHDRAWAL Right of withdrawal As the Buyer, you have the right to withdraw from the Contract, without having to give any reason, within a period of fourteen (14) days starting from the day that you (or a third party other than the delivery service, that you have nominated) physically take possession of the Product. If the order covers several Products delivered separately, or a product composed of batches or multiple items with staggered delivery, the period begins when the last Product or batch or item is received. To exercise your right of withdrawal, you must notify us of your decision to withdraw from the Contract via an unambiguous statement (for example, a letter sent by post, fax or email) using the contact details below: FOCAL-JMlab ADV France 108, rue de l Avenir 42353 LA TALAUDIÈRE e-mail : gescom.france@focal.com or object " Order Service for France" on http://www.focal.com/france/contact Download the withdrawal template
You can use the withdrawal template but this is not compulsory. You can also fill out and send the withdrawal template, or send any other unambiguous statement of withdrawal, via our website [www.focal.com]. If you use this option, Focal JMLab shall send you confirmation of receipt without delay via email. In order to withdraw within the allowed period, you only have to send your communication regarding exercising your right to withdrawal before the withdrawal period ends. The right to withdrawal still applies if the product is on sale or destocked. Effects of withdrawal If you withdraw your order, Focal JMLab shall refund you all payments received from you (except if you chose a means of delivery other than the cheapest standard delivery option offered by Focal JMLab, in which case any additional fees incurred shall not be refunded) without excessive delay and, in any case, at the latest within fourteen (14) days of the day when Focal JMLab was informed of your decision to withdraw from this contract. Focal JMLab shall proceed to the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to the use of a different means of payment; in any case, you shall not incur costs for this refund. Focal MLab may delay the refund until it has received the Product or until you have provided proof of sending the Product, the relevant date being that when the first of these events occurs. You must send the Product back to Focal JMLab without excessive delay, and in any case, within fourteen (14) days of having communicated your decision to withdraw from the present contract, at the following address: FOCAL-JMlab SAV Réception 108, rue de l Avenir 42353 LA TALAUDIÈRE e-mail : sav@focal.com You are considered to have acted within the time period allowed if you have sent the product back before the fourteen (14) days has elapsed. You must cover the direct costs of returning the product. These costs are estimated to be a maximum of around: Colissimo indicative prices as of July 1 2017 for France: Weight categories: 0.25 kg : 4,90 TTC 1 kg : 7,50 TTC 5kg : 12,90TTC Additional kg (up to 30 kg) : 0,80 TTC UPS indicative prices as of 1st July 2017 for returns outside France : Shipment from Germany to France o Up to 1 kg = 21.57 ; o from 5 kg = 24.01 ; o additional kg to be priced by UPS. Shipment from United Kingdom to France o Up to 1 kg : GPB 19.27; o from 5kg : GPB 24.37 ; o additional kg to be priced by UPS.
Given the type of products sold by Focal JMLab and their technical nature, returned products must be correctly protected, in their complete original packaging, accompanied by all the accessories, usage instructions and documentation, in perfect resale condition and accompanied by a copy of the purchase invoice. Focal JMLab reserves the right to refuse any parcel that is insufficiently well wrapped, as well as any incomplete, damaged or non-functioning products. All products shall be submitted to a diagnostic testing by a Focal JMLab technician to check if they are in good condition and work correctly. Such withdrawal shall result in the cancellation of any promotional benefits relating to the order that the Buyer may have benefitted from as part of his purchase. Please note: while the products are in his possession, the Buyer is required to keep them safe. ARTICLE 9 DEAD ON ARRIVAL (DOA) AND CONFORMITY OF THE PRODUCTS TO THE ORDER If the Buyer receives a Product that does not correspond to the Order, or which has visible defects, in particular a dead on arrival failure (DOA), Focal JMLab shall either exchange the Product or give the Buyer a refund. This right still applies if the product is on sale or is destocked. In order to get a refund or exchange, the Buyer must make a request to Focal JMLab within fourteen (14) days of receiving the Product in question. To do so, the Buyer can download and print the return form for noncompliant products or dead on arrival failure(doa) of Focal JMLab available on the Website and send the completed, dated and signed form to: FOCAL-JMlab SAV Réception 108, rue de l Avenir 42353 LA TALAUDIÈRE e-mail : sav@focal.com Download the return form for non-compliant products and dead on arrival failures (DOA) The Buyer must return the products, as well as a copy of the purchase invoice, to Focal JMLab as soon as possible after the Buyer has sent the notification. The products must be correctly protected, in their complete original packaging, accompanied by all the accessories, usage instructions and documentation, and accompanied by a copy of the purchase invoice. For non-compliant Products or Products with a visible defects duly recognized as such by Focal JMLab, the Buyer shall obtain a replacement or refund for the Product. The provisions of this Article do not prevent the Buyer from exercising his right to withdrawal as set out in Article 7. Please note: while the products are in his possession, the Buyer is required to keep them safe.
ARTICLE 10 GUARANTEES 10.1 The Products are covered by the legal guarantee of conformity as set out in Articles L.217-4 to L.217-12 of the French consumer Code and the guarantee related to hidden defects of the products sold, as set out in Articles 1641 to 1648 and 2232 of the French civil Code. Under the legal guarantee of conformity, the Buyer: has a period of two(2) years from the delivery of the Product to act; can choose a refund or to have the Product replaced; however, in accordance with Article L. 217-9 of the French consumer Code, Focal JMLab may decide not to honour the Buyer s choice if this option involves an obviously disproportionate cost compared to the other option, taking into account the value of the Product and the significance of the defect; does not have to prove that the defect of the Products existed at the time it was delivered, this is being the case for twenty-four (24) months after the Product is delivered, except for second-hand goods where the applicable time period is six (6) months, in accordance with Article L. 217-7 of the French consumer Code. Focal JMLab may however prove to the contrary, for Products defects that could not have existed at the time of delivery as regards the nature of the Product or the defect invoked. The legal guarantee of conformity applies independently of any commercial warranty potentially agreed. The Buyer cannot invoke the legal guarantee of conformity in the following three situations as set out in Article L. 217-8 of the French consumer Code: - when he knew about the defect when he entered into the contract; - when he could not have been unaware of the defect when he entered into the contract; - when the defect is the result of materials that he himself provided. If the Buyer decides to invoke the hidden defect guarantee of a product sold under Article 1641 of the French civil Code, he can choose to either cancel the sale or agree to a reduction in the sale price in accordance with Article 1644 of the French civil Code. Download the After Sales Service return form. To do so, the Buyer must send his request to Focal JMLab at the following address: FOCAL-JMlab SAV Réception 108, rue de l Avenir 42353 LA TALAUDIÈRE e-mail : sav@focal.com These provisions do not deny the Buyer the benefit of his right of withdrawal as set out in Article 7 of these Terms and Conditions of Sale. 10.2 Reminder of regulations: Article L.217-4 French consumer Code: The seller delivers a product which 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 the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility. Article L.217-5 French consumer Code: The product conforms to the contract: 1. If it is suitable for the purpose usually associated with such a product and, if applicable: - if it corresponds 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 model; - if it has 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 labelling; 2. Or if it has 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.217-12 French consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product. Article L.217-16 French consumer Code: When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance. Article 1641 French civil Code: The seller is bound to 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 not have bought it, or would only have given a lesser price for it if he had known of the defects. Article 1648 French civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. ARTICLE 11 SECURITY The Website is subject to the following security system: bank card numbers are encrypted. This is why the Buyer must enter his card details for each order. Only the bank can access the confidential data (card number, expiry date). ARTICLE 12 PERSONAL DATA
The information received shall be processed electronically by Focal JMLab, data controller, in order to allow orders placed on the Website to be fulfilled. The data processors are the team members of the Order Management Service for France (GESCOM) of Focal JMLab. The Website ordering process requires the creation of a Client Account, where the Buyer s data is stored, protected by a password that the Buyer chooses. The provision of identifying data regarding the Buyer is essential for the processing and delivery of orders. The Buyer s information and details are confidential and only for the use of Focal JMLab. They are used for processing orders, and for sending information regarding products similar to those previously ordered. They shall be retained for a period of three years (except for data required in responding to a regulatory or legal request, which may be retained for the time required to fulfil the relevant request). In accordance with the French Informatique et libertés law of January 6 1978 (French data protection law), the Buyer has the right to access data held about him and have it corrected if applicable. The Buyer also has the right to give instructions relating to what happens to his personal data when he dies. If the Buyer wishes to exercise either of these rights and to be sent the information that is held regarding himself, he should contact: Focal-JMlab Service Communication BP 374108 rue de l Avenir 42353 La Talaudière cedex France Contact : webmaster@focal.com The Buyer also has the option, incurring no costs other than those relating to the communication of his refusal, and for legitimate reasons only, to refuse permission for his contact information to be used, and this option applies each time he is contacted. To do this, he simply has to write to the following address: webmaster@focal.com In any case and at any time, the Buyer can request that he receives no further communications by contacting the above address. This shall not incur any cost, except the cost of sending in his request. ARTICLE 13 INTELLECTUAL PROPERTY The Website, as well as all rights relating to it, are the property of Focal JMLab. All elements of the Website, whether visual or audio, including the underlying technology, are protected by intellectual property rights, trademarks or patents. They are the exclusive property of Focal JMLab. Therefore, they cannot be reproduced, employed or used in any way whatsoever. ARTICLE 14 CONTACT INFORMATION The Buyer can contact: The Client Services Team for any questions or advice relating to Products: o Home speakers : support.home@focal.com
o Car audio sound (France) : support.car@focal.com o Monitoring speakers and Head phones pro ranges of products : support.tech@focal.com Order Management Service for France (GESCOM) for any question relating to the tracking of the order: o by email: gescom.france@focal.com (For France) o and gescom.export@focal.com (For United Kingdom and Germany) ; o by mail : Focal-JMlab BP 374,108, rue de l Avenir, 42 353 La Talaudière Cedex. After Sale Service : o by email: sav@focal.com o by mail : Focal-JMlab, SAV, BP 374,108, rue de l Avenir, 42 353 La Talaudière Cedex. ARTICLE 15 MEDIATION AND RESOLUTION OF DISPUTES If the Buyer wishes to make a complaint, he can contact the Focal JMLab Client Services Team as set out in Article 14 Contact Information above. Focal JMLab undertakes to consider this complaint as soon as possible, and to keep the Buyer informed of how his complaint is progressing. ARTICLE 16 APPLICABLE LAW Focal JMLab is a company incorporated under French law. The interpretation, validity, performance and termination of the Terms and Conditions and relations between the parties shall be governed by French law.