Refund Policy

Refund policy for the Instruments du Monde website

effective as of November 19, 2022

ARTICLE 1. PARTIES

This refund policy applies between Instruments du Monde, a French simplified joint-stock company (SAS), registered with the Paris Trade and Companies Register (RCS) in France under number 951155779, registered office: 14 avenue de l'Opéra 75001 Paris, France, phone: +33176214462, email: secretariat@instruments-du-monde.com, EU VAT number: FR16951155779, hereinafter referred to as "the Publisher," and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer."

 

ARTICLE 2. DEFINITIONS

"Customer": any individual or legal entity, under private or public law, registered on the Website.

"Site Content": any elements published on the Site, whether or not protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases, or software. 

"Publisher": Instruments du Monde, SAS, acting as publisher of the Website.

"Website User": any person, natural or legal, under private or public law, connecting to the Site.

"Product": any item sold on the Website by the Publisher to Customers.

"Website": the website accessible at the URL Instruments du Monde, as well as any sub-sites, mirror sites, portals, and variations of the URL related thereto.

ARTICLE 3. SCOPE

The Site is freely accessible to all Website Users. Browsing the Site implies acceptance of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including via automated tools or a browser, constitutes full and complete acceptance of these general terms and conditions. When you register on the Site, you will confirm this acceptance by checking the appropriate box.

By checking the box, the Website User acknowledges that they have read these general terms and conditions in full and accept them without restriction. 

Checking the above box will be deemed to have the same value as a handwritten signature. The Website User acknowledges the evidentiary value of the Publisher’s automated recording systems and, unless they can provide proof to the contrary, waives the right to dispute them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of any other terms and conditions, including those of the Website User. 

Acceptance of these general terms and conditions implies that Website Users have the legal capacity to do so or, failing that, that they have authorization from a guardian or conservator if they lack capacity, from a parent or legal representative if they are minors, or that they hold proper authority if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE WEBSITE

The purpose of the Website is to sell Products to Customers.

ARTICLE 5. STAGES OF THE ORDER

5.1. Order

To place an order, Website Users can select one or more Products and add them to their cart. Product availability is indicated on the Website in each item’s product description. Once their order is complete, they can access their cart by clicking the button provided for that purpose.

5.2. Confirmation of the order by the Internet User

When reviewing their cart, Website Users may verify the quantity and nature of the Products selected and check the unit price and total price. They may remove one or more Products from their cart. 

If they are satisfied with their order, Website Users may validate it. They will then be directed to a form where they can either enter their login details, if they already have an account, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer

Once logged in or after completing the registration form, Customers will be invited to review or edit their shipping and billing details, and then to make payment via the secure payment interface bearing the wording "order with obligation to pay" or similar wording. 

5.4. Confirmation of the order by the Publisher

Once payment is actually received by the Publisher, the Publisher undertakes to acknowledge receipt to the Customer by email within a maximum of 24 hours. Within the same timeframe, the Publisher undertakes to send the Customer an order summary email confirming that the order is being processed and setting out all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Prices

The applicable prices are those displayed on the Website on the day the order is placed. These prices may be changed at any time by the Publisher. Prices displayed are valid only on the day of the order and do not apply in the future.

The prices shown on the Website are in Canadian dollars, all taxes included, excluding shipping costs.

6.2. Payment

You may pay via PayPal or Shopify Payments.

When paying by credit card, the Publisher has no access to any data relating to the Customer’s payment method. Payment is made directly with the banking institution.

In the case of payment by money order, cheque, or bank transfer, delivery times begin to run only from the date the Publisher receives and clears the payment.

6.3. Invoicing

The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates may not be postponed for any reason whatsoever, including in the event of a dispute.

Any sum not paid by the due date will automatically and without prior notice give rise to late-payment penalties calculated at a rate equal to three times the statutory interest rate, without affecting the immediate enforceability of the principal sums due.

In addition, any late payment will result in the defaulting Customer being charged collection fees of 40 euros, immediate payment of all outstanding amounts regardless of any agreed deadlines, increased by compensation equal to 20% of the amount as a penalty clause, as well as the possibility of unilateral termination of the contract at the Customer’s expense. This clause is made pursuant to Article 1152 of the French Civil Code, which allows a judge to reduce the compensation if it is deemed excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY

7.1. Customer service

Our customer service team is available Monday to Saturday from 9:00 a.m. to 7:00 p.m. at the following non-premium-rate phone number: 0176214462, by email at secretariat@instruments-du-monde.com, or by mail to the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within two business days by phone or email, and within 14 business days by mail.

7.2. Right of withdrawal – Distance selling

This Article 7.2 applies to Customers who are consumers as defined in the introductory article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with applicable distance-selling laws, the Customer has a period of thirty (30) days to exercise their right of withdrawal without having to provide reasons or pay penalties, except, where applicable, for return shipping costs. 

As an exception specifically for the holiday season, any order placed from November 10 of the current year may be returned until December 31 of that year. The Customer will benefit from whichever deadline is more favourable between this exception and the standard 30-day period. For example, an order placed on December 2 may be returned until December 31 of that same year.

This period begins either on the day the distance contract is concluded for contracts relating to the supply of services and/or digital content not supplied on a tangible medium, or on the day the goods are received by the Customer or a third party, other than the carrier, designated by the Customer, for sales of goods and for service contracts that include the delivery of goods.

If your order includes multiple items delivered separately, or if an item is delivered in multiple lots or parts over time, the period begins when you receive the last item, lot, or part. For contracts providing for regular delivery of goods over a defined period, the period begins upon receipt of the first item.

If the 30-day period ends on a Saturday, Sunday, or holiday, it is extended to the next business day.

To exercise this right, please notify the Publisher by email at secretariat@instruments-du-monde.com, using the standard form available at the address below:

https://instruments-du-monde.com/cdn/shop/files/Droit-de-retractation-Instruments-du-Monde.pdf

All of the conditions set out in the above-mentioned withdrawal form apply to the Customer without exception. The Customer is deemed to have read and accepted the conditions of the right of withdrawal when placing an order on the Publisher’s website.

In any event, the Publisher will send the Customer an acknowledgement of receipt of the withdrawal by email as soon as possible.

You may not use a parcel relay/pickup-point carrier to return any goods. Likewise, in-person drop-offs are not accepted. Only direct-delivery carriers are accepted by the Publisher. 

7.2.2. Effects of the right of withdrawal

The Customer must return or hand back the products to the seller or to any person designated by the latter without undue delay and, at the latest, within fourteen days of notifying their decision to withdraw.

When the right of withdrawal is exercised, the seller is required to refund the Customer all sums paid, as soon as possible and no later than fourteen days after the date on which this right was exercised. Where applicable, the seller may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products. After that, the amount due shall automatically bear interest at the statutory legal rate in force, as specified in Article L. 242-4 of the Consumer Code. 

Where applicable, the seller will issue the refund using the same payment method the Customer used for the initial transaction, unless the Customer expressly agrees to a different method and provided that the refund does not result in any fees for the Customer. However, the seller is not required to refund additional costs if the Customer expressly chose a delivery method more expensive than the standard delivery method offered. 

You will bear the direct cost of returning the Product, which is estimated at a maximum of 1000 euros if, due to its nature, the Product cannot normally be returned by mail.

The Customer will only be liable for any depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.

The conditions, deadlines, and procedures for exercising the right of withdrawal are set out in the standard form provided at this address:

https://instruments-du-monde.com/cdn/shop/files/Droit-de-retractation-Instruments-du-Monde.pdf

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

  • for the provision of services that have been fully performed before the end of the withdrawal period and whose performance began after the Customer’s prior express agreement and express waiver of their right of withdrawal;
  • for the supply of goods made to the Customer’s specifications or clearly personalized;
  • for the supply of goods that are likely to deteriorate or expire rapidly;
  • for the supply of goods that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection;
  • for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the seller;
  • for maintenance or repair work carried out urgently at the Customer’s home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
  • for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
  • concluded at a public auction;
  • for the provision of accommodation services (other than residential accommodation), goods transport services, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;
  • for the supply of digital content not provided on a tangible medium, the performance of which has begun after the Customer’s prior express agreement and express waiver of their right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts performed in full by both parties at the Customer’s express request before the Customer exercises their right of withdrawal.

When you confirm an order for digital content not provided on a physical medium before the withdrawal period expires, your waiver of the right of withdrawal is confirmed by paying for the order when a product marked "digital" is in your cart. You will then receive an email confirming your waiver of the right of withdrawal.

7.3. Termination of the contract at the Customer's initiative

The consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if delivery of the goods is delayed by more than seven days beyond the delivery date. The Customer will then be reimbursed for the sums paid when placing the order.

This clause does not apply if the delivery delay is due to an event of force majeure. In such cases, the Customer agrees not to bring any action against the Publisher and waives the right to rely on termination of the sale as provided for in this article.

7.4. Warranties

7.4.1. Warranty against apparent defects and faults

It is the Customer’s responsibility to check the condition of the Products at the time of delivery. This inspection must cover, in particular, quality, quantities, product references, and conformity with the order. No claim will be considered after a period of three days from delivery. In any event, any claim regarding delivered parcels will only be considered if the Customer acting as a merchant has made reservations with the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.

7.4.2. Warranty against hidden defects and flaws
7.4.2.1. Legal warranties

Customers benefit from the legal warranty of proper delivery (Article 1604 of the Civil Code), the legal warranty against hidden defects (Articles 1641 et seq. of the Civil Code), and the safety warranty (Articles 1245 et seq. of the Civil Code). 

Consumer Customers also benefit from the legal warranty of conformity (Articles L. 217-4 et seq. of the Consumer Code).

7.4.2.2. Contractual warranty

The Products do not benefit from a contractual warranty.

7.4.2.3. Returns

To invoke the warranty, the Customer must return the product to the Publisher’s registered office address, along with an explanatory letter requesting either repair, exchange, or a refund. 

In any event, the Customer is asked to follow the Publisher’s instructions regarding Product returns precisely.

You’ll need to cover return shipping costs, except for consumer Customers invoking the legal warranty of conformity under Articles L. 217-4 et seq. of the French Consumer Code.

Consumer Customers have a period of 2 years from delivery of the goods to take action against the seller. In this respect, they may choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code. Finally, the Customer is not required to prove the existence of the Product’s lack of conformity during the 24 months following delivery of the Product, except for second-hand goods.

 

Where applicable, the legal warranty of conformity applies independently of any commercial warranty. 

 

When the consumer Customer invokes the warranty against hidden defects, they may choose between cancelling the sale or receiving a price reduction.

ARTICLE 8. FINAL PROVISIONS

8.1. Applicable law

These general terms and conditions are governed by French law.

8.2. Modifications to these general terms and conditions

These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day the Customer places an order or connects to this Site, any new connection to the personal account area constituting acceptance, where applicable, of the new general terms and conditions.

8.3. Disputes

Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has first been found between the parties must be submitted to mediation.

In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation has been mandatory for all. Accordingly, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, whether selling remotely or in a physical store (Source: FEVAD).

Cm2C / https://www.cm2c.net/

8.4. Entirety

If any clause of this contract is found to be invalid, the remaining clauses and the contract as a whole will remain in full force and effect. In such a case, the parties will, to the extent possible, replace the invalid provision with a valid provision consistent with the spirit and purpose of these terms.

8.5. Non-waiver

The Publisher’s failure to exercise any of the rights granted to it herein shall in no way be construed as a waiver of such rights.

8.6. Telemarketing

The Customer may register on the cold-calling opposition list at http://www.bloctel.gouv.fr/. 

8.7. Languages of these general terms and conditions

These general terms and conditions are available in French.

8.8. Unfair terms

These provisions apply subject to compliance with the mandatory rules of the Consumer Code regarding unfair terms in contracts between a professional and a consumer.