GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMER CUSTOMERS  

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1

These General Terms and Conditions of Sale ("the GTC") set out the rights and obligations of the parties in connection with the online sale of Products offered by Instruments du Monde ("the Company"). 

1.2

Placing an Order on the website https://instruments-du-monde.com/ requires your prior, unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GTC therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who acknowledges having read and accepted them, without restriction or reservation, before placing the Order.

1.3

These GTC apply to any Order placed by an individual of legal age acting as a consumer. The Customer therefore certifies that they are an individual over 18 years old, acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional, or agricultural activity. The Customer acknowledges having full legal capacity to enter into commitments when placing an Order and agrees to provide accurate information regarding their identity.

1.4 EXCLUSION

Persons acting in a professional capacity, i.e., natural or legal persons, public or private, acting for purposes that fall within the scope of their commercial, industrial, craft, professional, or agricultural activity, including when acting in the name of, or on behalf of, another professional, are expressly excluded from the scope of these GTC. Professionals who wish to place an Order with the Company are invited to contact us directly.

1.5

The GTC applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) for the Order. The Company reserves the right to amend them at any time by publishing a new version on its website. These GTC are available on the Company’s website at the following address: https://instruments-du-monde.com/policies/terms-of-sale

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Ordering process

To purchase one or more Products on the website, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm the basket to proceed to the Order (1st click). At this stage, the Customer is redirected to a page containing: A summary of the selected Products, the corresponding prices, and the delivery terms and costs. The Customer must then review and, if necessary, correct the basket contents. The Customer must read the GTC carefully before confirming the entire Order. Confirming the Order after reviewing the basket and reading the GTC (2nd click) constitutes conclusion of the Contract, and the Customer acknowledges that the 2nd click creates an obligation to pay. The Customer is then redirected to the payment page. They can choose from the available payment methods and proceed to pay for their Order. After confirming the Order and making payment, the Customer will receive an Order confirmation email from the Company at the email address provided during checkout. This message contains, in PDF format:

• A summary of their order (selected Products, prices, delivery terms and costs);
• The precise identification of the company Instruments du Monde and its activity;
• The Order number;
• The terms and conditions and the withdrawal form;
• These GTC in PDF format.

If the Customer does not receive the Order confirmation, they are advised to contact the Company using the contact form available on the website. The Customer will also receive an electronic purchase invoice in the same email, which the Customer expressly accepts. We strongly recommend that the Customer keep the confirmation email and the purchase invoice, as these documents may be used as evidence of the Contract.

2.2 Cases of refusal to validate the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including, for example:

• Order not in accordance with the GTC;
• Quantities ordered do not correspond to normal use by a consumer customer;
• Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
• Suspicion of fraud regarding the Order (supported by a body of consistent evidence).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company’s website, as well as, where applicable, information on how to use the Product.  Although the Company takes reasonable care to ensure that the Specifications are accurate, these Specifications, subject to certain exceptions such as pricing information, are provided by the Company’s suppliers. As a result, the Company cannot be held responsible for any errors that may appear in the Specifications. These Specifications are presented in detail in French or other languages depending on the Customer’s location. The Parties agree that illustrations, videos, or photos of the Products offered for sale are for informational purposes only and have no contractual value. The validity period of Product offers, as well as their prices, is specified on the Company’s website.

3.2 Product Availability

Product offers are valid while stocks last at our suppliers. Product availability is normally indicated on the specific Product page. However, since the Company does not reserve stock (except in special cases of Products clearly indicated as pre-orders on the Product page), adding a Product to your basket does not absolutely guarantee the Product’s availability or price. If a Product becomes unavailable after the Customer’s Order is confirmed, the Company will notify the Customer immediately by email. The Order will be automatically cancelled, and the Company will refund the price of the Product initially ordered, as well as any amount paid for the Order. However, if the Order contains other Products besides the one that has become unavailable, those Products will be delivered to the Customer, and delivery costs will not be refunded.

Article 4 – PRODUCT PRICES

4.1 Reference prices indicated on the websites

The reference price of the Products offered on the website is the price recommended by the brand, the manufacturer, or its official representative. If that is not available, the reference price is determined based on the prices at which the Product is commonly sold across a panel of retailers that distribute it. This price is updated as soon as the brand, the manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of retailers changes.

4.2 Changes to prices indicated on the websites

Product prices are indicated on the Product description pages. They are shown excluding taxes, customs duties, and shipping costs. The Company reserves the right to change Product prices at any time, in accordance with applicable law. Products will be invoiced based on the price in effect on the website at the time the Order is confirmed.

4.3 Product prices

Because many Products are imported from outside the European Union at Customers’ request, prices shown on the website are indicated in euros excluding tax (excluding VAT and customs duties) unless otherwise noted. They are clearly specified on the Product description pages. They are also shown in euros excluding tax (excluding VAT and customs duties), unless otherwise noted, on the Product Order page, and exclude any specific shipping costs.  Product prices do not include import VAT, import taxes, or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.  Product prices also exclude packaging, packing, shipping, transport, insurance, and delivery of the Product(s) to the delivery address.

4.4 Payment of taxes

The Customer is solely responsible for declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. As this tax is not the Company’s responsibility, the Company cannot be held liable for reimbursing it.  For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may apply in certain cases. The Company has no control over these charges. They will be borne by the Customer and are the Customer’s responsibility (declarations, payments to the relevant authorities, etc.). The Company therefore invites the Customer to check these aspects with the relevant local authorities.

Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS

5.1 Time of payment

Payment of the full price of the Order must be made immediately after the Order has been confirmed. The Company may, in exceptional cases, agree to payment in instalments, particularly in view of the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In special circumstances, the Customer may submit a request by contacting the Company’s Customer Service Department at the following address: secretariat@instruments-du-monde.com.

5.2 Payment methods

To pay for their Order, the Customer may choose between different payment methods:

• Payment by credit/debit card: We accept bank cards linked to a bank located in France, as well as international cards (Visa, MasterCard, American Express, and Maestro). The Customer guarantees the Company that they have the necessary authorisation to pay with the card used. The Customer expressly acknowledges that the payment authorisation given by card is irrevocable and that communicating the card number authorises the debit of the Customer’s account up to the total amount corresponding to the Products ordered. The amount will be charged when the Order is confirmed. Card payments are processed via a secure payment platform, and the card information provided is encrypted using SSL technology.
• Payment via PayPal: PayPal payments are accepted up to a limit of €1,000. Please note that, if you choose this payment method, PayPal’s Terms of Use, available on their website, apply in addition to these GTC. 
• Payment by vouchers and/or promotional codes: Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid for one use only. In the event of an attempt to fraudulently use vouchers and/or promotional codes, the Company may cancel the Order outright.
• Payment by bank transfer
• Payment by cheque
• Payment by Klarna

In general, if payment authorisation is refused by officially accredited organisations or if the Order is not paid, the Company reserves the right to suspend and/or cancel the Order. The Company reserves the right to suspend any payment method at any time, particularly if a payment service provider no longer offers the service used or if there is a dispute with a Customer regarding a previous Order. The Company also reserves the right to implement an Order verification procedure to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the Customer may be asked to send the Company, by email or post, a copy of an ID document, proof of address, and a copy of the card used for payment. Clear instructions about the exact information requested (to protect the confidentiality of the Customer’s data) will be provided if verification is required. The Order will only be confirmed after the requested documents have been received and verified.

Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEIPT

6.1 Delivery

Before the Order is confirmed, the Company provides the Customer with information about the different delivery methods and their respective prices. After the Customer chooses a delivery method, the Company provides an estimated delivery timeframe. The Company will do its best to ensure the Product(s) are delivered no later than the scheduled delivery date. If any difficulty arises, the Company undertakes to contact the Customer promptly to inform them and to work with them to find an appropriate solution. Each Product is checked before shipment. Air freight, shipping, and/or delivery of the Product(s) are fully paid for by the Customer ("Delivery Costs"). These Delivery Costs are included in the final price billed to the Customer when the Order is placed. However, any customs fees are not included in the price billed to the Customer by the Company.  Depending on the option chosen by the Customer, delivery will be made either to the address provided by the Customer or, where applicable, to a pick-up point chosen by the Customer from the list of available locations. The Customer is therefore responsible for carefully checking the delivery details provided, as the Customer remains solely responsible in the event of non-delivery due to incomplete or incorrect information.

6.2 Customs clearance

When making a purchase, the Customer purchases the Product excluding taxes and becomes the importer of the purchased Product in their capacity as the recipient of the Product.  The Customer is therefore responsible, in particular, for import and customs-clearance procedures with the local customs office. Depending on the value of the Order, the Customer may be required to pay customs duties (for Products with a customs value of more than €150). The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The Company cannot therefore be held liable for reimbursing these duties.

6.3. Receipt

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged. The Customer is informed that certain instruments are considered sensitive in the sense that they may deteriorate due to the appearance of rust or mould if left in their case for too long. If any anomaly is found, the Customer must contact the Company’s Customer Service Department within fourteen days (excluding public holidays) of the date of receipt of the Product. Claims submitted after this window will not be processed. This time frame is in place to ensure that sensitive instruments showed no signs of rust or mould upon arrival and that any such issues appearing later would result from improper care by the Customer.

Article 7 – WITHDRAWAL

7.1 Principle and time limit

You have the right to withdraw, without giving any reason, within thirty (30) calendar days from the date of receipt of your Order. For Orders with multiple Products, the clock starts when you receive the last Product. If you withdraw within this timeframe, the price of the Product(s) purchased and the outbound shipping costs will be refunded, while return shipping remains the Customer’s responsibility.

By way of exception, and specifically for the Christmas holiday period, any order placed from 10 November of the current year may be returned until 31 December of that year. The most favourable period between this exception and the standard period is the one that applies to the customer. For example, an order placed on 2 December may be returned until 31 December of the same year.

7.2 Exclusions

In accordance with Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts: 

• The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which are likely to occur during the withdrawal period;
• For the supply of goods made to the consumer's specifications or clearly personalised;
• For the supply of goods that are likely to deteriorate or expire rapidly;
• The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• 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 professional;
• Maintenance or repair work carried out urgently at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the emergency;
• Supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
• The supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
• Concluded at a public auction;

7.3 Terms and conditions for exercising the right of withdrawal

To exercise your right of withdrawal, please inform the Company of your intention by completing the standard form available at the following address:

https://instruments-du-monde.com/cdn/shop/files/Right-of-Withdrawal-Instruments-du-Monde.pdf?v=1791271483

Please email this form to the Company at:

secretariat@instruments-du-monde.com

You then have 14 days from the date you send this notification to return the Product to the Company in its original packaging, with return shipping costs borne exclusively by the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so the Company can resell them. If Products are received opened, used, incomplete, damaged, or soiled, the Company will not issue a refund and may, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product. If the Product is returned in accordance with the conditions set out by law and these GTC, the Company will refund all sums paid by the Customer, including the initial delivery costs, within 14 days of receipt of the package by the Company. This refund will be made using the same payment method used by the Customer to pay for the Order, unless the Customer expressly agrees to another payment method. If the Order was paid with a gift voucher/promotional code, the Customer will be refunded by issuing new gift vouchers/promotional codes for an amount identical to the amount paid in this form.

Article 8 – Warranties

8.1 Legal warranties

The Company remains liable for any lack of conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code, as well as for any hidden defects in the goods sold in accordance with Articles 1641 et seq. of the French Civil Code. When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:

• has a period of 2 years from delivery to take action
• can choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code
• During the 24 months after delivery for new products or the 6 months after delivery for second-hand products, the Client is exempt from providing proof of the product’s lack of conformity.

Please note that the possible appearance of rust or mould on instruments cannot be considered a hidden defect; it results from improper maintenance by the Customer. As a result, the legal warranty will not apply in such a situation, unless the Customer notices these issues during the first days after receiving the Order, during which time they have undertaken to check that the Product is complete and undamaged.

The Customer may also choose to pursue remedies under the legal warranty against hidden defects, as defined in Article 1641 of the Civil Code. In such cases, the Customer may choose between cancellation of the sale and a price reduction, in accordance with Article 1644 of the Civil Code. These legal warranties apply independently of any contractual warranty. 

Reproduction of applicable texts:

• L.217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been made its responsibility by the contract or has been carried out under its responsibility."
• L.217-5 Consumer Code "The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: - if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the latter. "
• L.217-9 Consumer Code "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may opt for the other remedy if the buyer’s choice would entail a clearly disproportionate cost compared with the alternative, given the item’s value or the defect’s impact. In that case, the seller is required to follow the unchosen option, unless it is impossible."
• L.217-12 Consumer Code "Action resulting from lack of conformity lapses two years after delivery of the goods."
• 1641 of the Civil Code "The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them."
• 1648 of the Civil Code "Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect. [...]"

8.2 Manufacturer's warranty

Certain Products sold on the Site are covered by a contractual warranty provided by the supplier or manufacturer of the Product, to which the Company is not directly a party.  When applicable, the existence of this type of warranty is mentioned on the Product page. If the Customer wishes to rely on this warranty, they should inform the Company by contacting Customer Service and consult the terms of the warranty themselves, which are generally included in the box with the Product.  Please note that the Manufacturer’s Warranty does not prevent the application of the legal provisions regarding the legal warranty of conformity and the legal warranty against hidden defects.

Article 9 - PROTECTION OF PERSONAL DATA

As part of the commercial relationship, the Company, acting as data controller, collects certain mandatory personal data (including, in particular, surname, first name, delivery address, etc., marked with an asterisk) that is strictly necessary to process the Order, manage the commercial relationship, produce statistics, and comply with the Company’s legal and regulatory obligations. This data is kept for 5 years from the end of the Contract. If the Customer does not provide this information, it will be impossible to process the Order. This data is intended for the Company’s internal use but may be transmitted to companies that contribute to performing the service, including those that deliver the Products or process payments.  With regard to this personal data, the Customer has several rights:

• Right to access the personal data concerning them;
• Right to rectify and delete personal data if it is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data is prohibited;
• Right to restrict processing of the data, provided that this request is duly justified and does not prevent the Company from complying with its legal and regulatory obligations;
• Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
• Right to formulate post-mortem instructions regarding the storage, erasure, and communication of your personal data
• Right to withdraw consent to certain processing operations (processing carried out prior to the withdrawal of consent remains lawful)
• Right to lodge a complaint with the CNIL.

To exercise these rights, the Customer may send a request to the Company by post to the following address:

Instruments du Monde
14 avenue de l'Opéra
75001 PARIS
France

The request must include the Customer’s email address, surname, first name, and postal address, and must be accompanied by a copy of both sides of the Customer’s ID. A response will be sent within one month of receipt of the request.

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the website do not result in any transfer of intellectual property rights in the Products sold.  Trademarks, domain names, products, software, images, videos, texts, or, more generally, any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC.

Article 11 - FORCE MAJEURE

The Company shall not be held liable for any failure to perform its obligations hereunder in the event of an unforeseeable event or force majeure that prevents performance. The Company shall notify the Customer of the occurrence of such an event as soon as possible.

Article 12 - EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary herein, the Company shall in no event be liable for any loss or damage resulting from the Customer's improper use of the Product(s), including, but not limited to, any modification or alteration of the Product(s) not authorised by the Company.

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of any Customer who violates the GTC, or, more generally, applicable law, without prejudice to any damages the Company may claim. Anyone whose account has been suspended or closed may not place further orders or create a new account on the Site without the Company’s prior authorisation.

Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. For each Order, the Order summary is sent by email to the Customer and archived on the Company’s website.  Communications between the Company and the Customer are archived in computerised registers that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments, and transactions between the Customer and the Company. They may be produced as proof of the Contract.  Communications, orders, order details, and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the Contract. The Customer may access the archived items upon simple request to secretariat@instruments-du-monde.com.

Article 15 - INVALIDITY AND MODIFICATION OF THE GTC

If any provision of these GTC is invalid, it shall be deemed unwritten, but it shall not invalidate the entire set of contractual provisions. Any tolerance shown by the Company in applying all or part of the commitments made under these GTC, regardless of how often or how long such tolerance continues, will not modify the GTC or create any rights for the Customer.

Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC are governed by French law. If any difficulty arises, Customer Service is available to help you find an amicable solution.  If no solution is found directly with Customer Service, the European Commission has set up an online dispute-resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform via the following link:

http://ec.europa.eu/consumers/odr/

Article 17 – FINAL PROVISIONS

17.1. Disputes

Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these general terms and conditions and which cannot be resolved amicably between the parties must be submitted to a mediator.

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

The mediator chosen by the Publisher is the company:

Cm2C
49 Rue de Ponthieu
75008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net
Contact: cm2c@cm2c.net

17.2. Entire agreement

The invalidity of any clause in this Contract shall not invalidate the other clauses of the Contract or the Contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid clause with a valid clause that corresponds to the spirit and purpose of these provisions.

17.3. Non-waiver

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

17.4. Telemarketing

The Customer may register on the cold-calling opposition list at:

http://www.bloctel.gouv.fr/.

17.5. Languages of these general terms and conditions

These general terms and conditions are available in French and in all languages in which the company communicates when selling its products.

17.6. 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.

17.7. Use of pseudonyms

For the sole purpose of protecting their privacy, the publication director of Instruments du Monde uses a pseudonym, adopting the identity and surname of the fictional character "Ambre Montespan." A royalty-free photograph has been used to represent this character. The same pseudonym is also used by the same person as an author to write the various books and booklets sold on the Publisher's website.

For the sole purpose of protecting the privacy of our customer service team, the pseudonym "Lisa" is used to respond to all requests and questions from prospects and customers.

17.8. Sales practices

To give our prospects and customers the best possible information, we inform them that some products sold on the Publisher’s website are offered through the “Direct Delivery” practice, the terms and conditions of which are described on the official website of the French Ministry of Economy, accessible at the following address:

https://urlz.fr/j3IP

Under this sales practice, the Customer is informed that the goods may come from a country outside the European Union and that the Customer must pay import VAT (TVAI) as the importer and actual recipient of the goods ordered through the Publisher's website. In this context, the Customer is the importer of the goods. As a result, your Order will be invoiced excluding tax.

17.9. Origin of Instruments

Our categorisation of instruments by their established or supposed geographical areas does not certify that the instrument sold on the Company’s website was actually made in that region, even if the Company tries, as far as possible, to pay particular attention to this. For example, buying a kalimba on our website that is listed as an instrument from Africa does not certify that it was designed wholly or partly in Africa. Categorising instruments by geographical area is intended only as a historical reference point.

17.10. Delivery times

Orders are shipped within 48 working hours. This time frame corresponds to the time required for our logistics team to process the Order and hand it over to the carrier.

Orders are delivered, regardless of the destination country, within 2 to 14 working days, depending on where the ordered items are located, once the Order has been shipped. This timeframe is provided for guidance only and may be exceptionally longer, in particular due to air-traffic disruptions, the health crisis, and customs services carrying out more thorough checks since new rules on goods inspections came into force. Customers are first invited to consult Order Tracking, which allows them to follow the delivery of their Order step by step.

To offer you instruments that are always closer to the professionals who design them, the Publisher has developed direct partnerships, without intermediaries, with artisans and manufacturers in France and internationally. This innovative model helps reduce both sales prices and the environmental footprint associated with transport. In return, delivery times may be a little longer than traditional models.

Wherever possible, Products are stored in different countries, as close as possible to where they are made. For example, some tongue drums are stored in Eastern Europe, some Tibetan singing bowls in Nepal and Tibet (PRC), while other instruments and accessories are stored in France or on the Asian continent. This is part of a fair and transparent commerce approach that the Publisher has chosen to implement. The Publisher aims to remove most unnecessary intermediaries in order to offer Customers good-quality Products at a price that satisfies the Customer while ensuring fair compensation for the maker.

If the Customer wishes to know the origin and precise storage location of one of the Products sold by the Publisher, the Customer should contact the Publisher’s customer service team directly at the following email address: secretariat@instruments-du-monde.com. Product origins and storage locations may vary and change regularly. As such, the Customer is informed that this information will not necessarily be displayed on the Publisher’s website.

17.11. Tuning of instruments sold

The musical instruments sold by the Company are tuned precisely before shipment. Therefore, any Customer placing an Order with the Company must, upon receipt, check the tuning of any musical instruments ordered. Within 14 days after receipt of the Order, the Customer is required to report any issues identified during this tuning check. If the Customer does not report any issues by the end of this period, the instrument(s) ordered will be considered correctly tuned and will not be eligible for a legal warranty claim for this type of issue. This is justified by the fact that some instruments are finely tuned, and improper use or poor maintenance may cause the instrument to go completely out of tune, which cannot be attributed to the Company.

The Company also specifies that it does not offer any retuning service if an instrument goes out of tune. As a result, purchasing an instrument does not oblige the Company to provide retuning at the Customer’s request.

In the specific case of the handpan, the Company informs the Customer that retuning should be considered periodically, more precisely every 6 months to 7 years depending on playing frequency, the handpan’s material, and storage and maintenance conditions. This instrument naturally goes out of tune over time as it is played on its metal shell, which cannot be interpreted as a manufacturing defect. As a result, the Company will not cover retuning of the instrument. As stated above, the Company does not offer any retuning services. The Customer may wish to contact the following companies: 

• Metal Sounds - France
• Shellopan - France
• Baradece Handpan - Germany
• CaisaPan - Germany
• LLArt - Germany
• Steely Tunes - Finland
• Lombardo Handpan Instruments - Italy
• Onda Handpan - Italy
• Dômepans - Canada
• Rivera Steel Tuning - USA (North Carolina)
• Spirit Handpans - USA (North Carolina)
• Isthmus Instruments - USA (Wisconsin)
• Dave’s Island Instruments - USA (California)
• Hamsa Handpans - USA (California)
• Aura Handpan - USA (New Jersey)

Please note that the Company has no partnership with any of these companies and that they are fully entitled to refuse to retune any handpan. The Company will not be responsible for any refusal and is not required to provide an alternative solution.

If progressive detuning of the handpan is observed between receipt and the first 6 months, please note that each instrument is checked and validated in the workshop before shipment (note stability, accuracy, and visual inspection). Detuning this early is very generally related to use, maintenance, or environmental factors, rather than a manufacturing defect. Therefore, if a Customer contacts us about this, the procedure is as follows:

The customer must provide by email: 

• A video in at least Full HD 1080p quality in which each of the handpan's notes is played separately three times. The video must not be blurry and must be filmed in a bright, quiet place without background noise. It must not be edited after filming.
• A series of photographs with a minimum quality of 2000 pixels in width or height at 300 dpi of all the notes on the handpan (one photograph per note), a general view from below and a general view from above. The photographs must not be blurred and must be taken in a well-lit place. They must not be retouched after being taken.
• The name of the note(s) affected by the detuning. For example: C4 or E4. As well as their location on the general photo.
• The audio spectrum of each of the notes affected by the detuning. To do this, the customer can use the free Spectroid app, launch the app, play the note in question, and send the screenshot.
• A handwritten and signed statement on honour indicating that the customer has never played the handpan with force (particularly with drumsticks), has never stored the handpan in harmful temperature conditions (above 30°C (86°F) or below 10°C (50°F)) or in a humid environment, and has always followed the maintenance instructions (in particular, applying a protective oil at least every 15 days for a nitrided-steel handpan and at least every 30 days for a stainless-steel handpan), that the handpan has never been subjected to shocks, falls, or excessive pressure, and that the handpan shows no signs of impacts or scratches not visible in the photographs, suggesting that it has been mishandled.
• The name and brand of the protective product used to maintain the handpan, as well as the invoice for this product if it was not purchased from the Company.
• Confirmation that the customer still has the original packaging so that the handpan can be returned under the same conditions as it was received. To this end, the Company specifies that the customer must keep the original packaging for a period of 6 months to deal with this eventuality.

No claim will be processed if any of the items listed above is missing. If any files are too large, please upload them to a third-party platform at your expense.

Once these items have been sent, a return slip will be sent to the customer so that they can return the handpan in its original packaging. The handpan must be accompanied by all the accessories with which it was delivered. Once received by the Company, the information provided will be verified. If no evidence of mishandling or improper maintenance is found and a manufacturing defect is confirmed, the Company will refund the customer using the same payment method as the original Order. The refund will be issued within a maximum of 14 days after we receive the instrument. Any false or fraudulent information provided to the Company by the customer will be prosecuted in the competent criminal courts for the offence of fraud. This offence is punishable by 5 years' imprisonment and a fine of €375,000 under the French Penal Code.

17.12. Type of products sold

The Company informs the Customer that the Products on this website are not toys, but genuine musical instruments designed to offer good sound and musical quality for adults and children. Consequently, these Products must always be used under the constant supervision of an adult if they are handled by children. The Company also informs the Customer that certain Products may contain small parts that could be swallowed by children under 3 years old, and that such children must never be left alone and/or unsupervised with any Product sold by the Company. The Company shall not be liable for any injury caused to a child by the inappropriate use of one of its Products.

Similarly, the Company informs the Customer that the Products sold are not medical devices. Certain instruments may be used as part of a therapeutic approach, but they are not a substitute for consulting a healthcare professional or taking any medical treatment.

17.13. Videos of products sold

The Company informs the Customer that the presentation videos sometimes displayed on a product page for an instrument or accessory may not have been produced by the Publisher and may not necessarily correspond to the instrument or accessory sold by the Company. They may also be intended to give the Customer a general idea of what the instrument or accessory can do. As such, presentation videos are not contractually binding. They do not constitute an accurate and exhaustive representation of the Product sold. Video illustrations are provided for informational purposes only and do not engage the Company’s responsibility. Under no circumstances do they take precedence over the technical description and detailed specifications of the Product as defined in writing (dimensions, materials, colours, accessories provided, etc.). In the event of a discrepancy between a presentation video and the actual characteristics of the Product, the written Product description (text, photos, technical specifications) shall prevail. Customers are invited to carefully review the Product description and, if needed, contact the Company’s customer service team for any clarification before placing an Order.