TERMS & CONDITIONS
Published: March 21st, 2023
These General Terms and Conditions shall apply to all Service contracted with Revival Audio. Contrary terms and conditions of You shall only apply, if they are specifically confirmed by the Us.
TERMS USED IN THIS AGREEMENT
In these Terms and Conditions, we use following terms. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: France
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to R.A.M SAS, 17, Rue de la Chapelle 67210 Obernai, France.
Partner refer to Revival Audio authorised distributors, dealers, or business partners.
Feedback means feedback or suggestions sent by You regarding our Service.
Goods refer to the items offered, including products and services for sale on the Service.
Checkout means a step of process to purchase Goods from Us.
Orders mean a request by You to purchase Goods from Us.
Campaigns, Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to Your accessing and using of Our Website and the functionality on the Website enabling You to purchase Goods from Us through the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Revival Audio, accessible from www.revivalaudio.fr
You means the individual, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
The content on the Website is made available solely for information purposes only. Neither We nor any third parties do warrant the accuracy, completeness or usefulness of the information displayed.
The Company assumes no responsibility for errors or omissions in the contents of the Website.
In no event shall We be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Website or the contents of the Website. The Company reserves the right to make additions, deletions, or modifications to the contents on the Website at any time without prior notice.
The Company does not warrant that the Website is free of viruses or other harmful components
The Website may be updated from time to time but is not necessarily updated at all times.
PLACING ORDERS FOR GOODS
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts and that You are over the age of 18.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in association with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Title to Goods ordered is transferred to You when received by You or any third party nominated by You.
Our shipments are insured until you sign the delivery papers. When you receive your product, you will be asked to sign that the product is delivered to you in perfect condition. It is very important that you check the box for any damages before you sign the papers. Remember, you are the responsible party after signing the papers. If there are any damages on the box such as rips, dents, etc, please ask the courier to wait while you check the product inside the box, before you sign the consignment note. You must comment on any damages on the shipping papers, even if it is only the carton that is damaged. If you do not make a comment, we likely can’t hold the transporter responsible for the damage.
If you discover any damage after unpacking that may have been caused by transportation, we request you contact us immediately and if possible, send a photo of the damage to email@example.com.
We offer the best possible shipping of your products. If you place your order within 09.00 CET on a regular business day we will be able to ship the order the same day (exceptions may occur due to Covid).
Normal shipping lead times in Europe are 1-5 days depending on where you live, and 5-7 days for shipments outside Europe (Express). For shipments outside the EU, it may take up to one day extra to process necessary export documents.
Our shipping system should cover destinations worldwide, expect for countries with our distributors. Please contact us if your country is not listed in our shipping destinations in the shopping cart.
VAT & TAXES
DDP SERVICE – EU (European Union)
Delivered Duty Paid, DDP, is a service we provide for our customers in given countries in the world to make the ordering process as seamless and smooth as possible without any unforeseen costs to your order.
DDP services include the following, all-inclusive;
We currently offer DDP delivery service to the countries within EU.
These areas are called “DDP countries”. We can sell VAT free to EU companies with valid VAT numbers. Please contact firstname.lastname@example.org
DAP SERVICE – GLOBAL CUSTOMERS
VAT and customs are excluded for shipments outside the DDP countries, where taxes will be handled by the courier of our choice. Shipping is arranged at your address, including insurance. This is called DAP, Delivered at Place.
The carrier will apply local handling fees such as duties and taxes for your country when clearing consignments through customs. There may be a smaller handling fee from the carrier in the import process. Please note that Revival Audio can not be held responsible for any customs charges.
Please note that we cover shipping fee including insurance for below countries, the calculation will be shown automatically at Checkout.
- United Kingdom
TRACK & TRACE
You will receive an email delivery confirmation including tracking information once your order has been dispatched. All orders ship from our warehouse(s). This will also be shown by the online tracking service.
NOTE: Please check your SPAM filter before contacting us if you have not yet received any shipment notifications by email.
AFTERSALES SERVICE AND WARRANTY
With Revival Audio products, you can expect the top-class durability through extreme stress tests when they are developed. However should any failure happen, our top-class service will be there for you.
IMPORTANT! DO NOT TRY TO REPAIR THE GOODS WITHOUT PERMISSION FROM US. DISASSEMBLING OR REMOVING PARTS FROM THE GOODS IN ONE WAY OR ANOTHER, CAN DAMAGE THE GOODS WITHOUT THE RIGHT INSTRUCTIONS. UNAUTHORIZED REPAIR OR ATTEMPTS TO REPAIR WILL VOID YOUR RIGHTS TOWARDS US FOR FAULTY GOODS.
Subject to authorization by Us, ref Clause “Aftersales service and warranty/Introduction” above, defective parts of the Goods can be replaced by You provided by Our instructions.
Replacement parts can be identified by providing Us with the serial number of the Goods. Provided defected part is returner, replacement parts may, under certain circumstances be free of charge.
We provide an extra warranty for certain Goods as listed on the Website. The length of the warranty differs from Goods to Goods as indicated on the Website, and is limited to 10 years from delivery date of the Goods. In order to exercise the warranty, presentation of the original sales receipt is required.
Please see more about Our warranty terms here.
COMPANY REFUSAL AND CANCELATION RIGHT
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
CUSTOMER ORDER CANCELLATION RIGHT
If you cancel your order after we have processed and fulfilled your order, we will keep the same regulations as for normal returns where we will deduct the same costs for your refund.
If you have made the order and we have fulfilled it, we encourage you to receive it and test the product and then take the decision.
Any Goods you purchase can only be returned in accordance with these Terms.
Your right to return Goods applies only to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded.
Returns that do not fulfill those requirements will be shipped back at the customer’s expense, or we will deduct a percentage of the refund. The returned goods will be closely checked for completeness and possible damages before we make the refund. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to return any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of Goods is not in the same condition as you received.
- The supply of Goods does not contain all accessories, instructions and wrappings.
In order for a return to be valid within our return policies, it must be dispatched within the time period that starts running when you receive (when the first delivery attempt was made or when the package was ready for pick up) your order.
Please see more about Our return policy terms here.
DAMAGES ON RETURNED PRODUCTS
If the product(s) you are returning is damaged in any way, please take pictures of scratches, dents, and other damages and send them to us in advance. We will charge you for the damages and labor costs related to checking the product if there are damages. Our hourly rates are EUR 50,- + taxes.
Custom charges for non-DDP shipments are not refundable and you will need to apply directly with the local customs in the original destination country to get a tax refund.
Please contact email@example.com in advance regarding any returns to be accepted and Revival Audio will handle all returns with our courier, from our side.
If you want to return a product within our return policies, we are making this easy for you.
Instead of stating return costs in case by case for each customer, we are offering a fixed price rule for everyone.
We require that we use our choice of carrier so we can handle the VAT refund for your return. This will be your cheapest and most convenient way for you, we promise. If you for some reason are sending the product back via your own choice of carrier, we will not be able to deduct the customs fees (if any).
We do not refund shipping fees if any.
DDP Countries – The return costs are calculated by 6% of the product listed price in euros (€), with a minimum of €49 and a maximum of €299. No matter the product size and weight.
Worldwide – For return costs, please get in touch with us for an individual quote. For tax/vat refunds under DAP orders, you will need to apply for a refund from your local government after you have sent us your return.
Country with our Partner – If You purchase from our local Partner, please return the product to where you purchased. Return policy may vary from country to country, please make sure You contact our local Partner before initiating any return.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mis-priced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard cards or online payment methods (PayPal for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Campaign and/or Promotion made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Service may contain functionality allowing you to post, submit, publish or display content on the Website (“User Content”). The person posting etc such User Content remains liable for the content.
We retain the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any User Content for any purpose.
Further, We retain the right, but is in no way obliged, to delete User Content in breach of applicable law.
YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
The Website is in compliance with French law, and no warranties are made for compliance with laws in other jurisdictions. If you access the Website from other jurisdiction than France, you are yourself responsible for your compliance with local law.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, and which is not settled by mutual agreement, shall be subject to the jurisdiction of the ordinary courts in Strasbourg, France, which is appointed by the Company.
FOR EUROPEAN UNION (EU) / EUROPEAN ECONOMIC AREA (EEA) USERS
If You are a European Union or European Economic Area consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.