The company concerned is BLOB AUDIO
registered in the RCS of BAYONNE n° B 918207564
Address : 1 place sallaberry URCUIT 64990
Preamble: Our general conditions of sale are based on French law. They may be translated for information purposes in order to facilitate understanding for any non-French speaking user.
The present General Terms and Conditions of Sale define the reciprocal obligations between the online sales site of musical software, plugins, vst and other BLOB AUDIO goodies on the blobaudio.com site belonging to the company BLOB AUDIO and its customers. They apply equally and in the same way to orders placed directly online by the Customer or by telephone with Customer Service.
2. PRODUCTS, DISCOUNTS AND GIFTS
The products offered on the blobaudio.com website are reproduced and described with the greatest accuracy. However, the photos are not contractual. They are offered only as an indication for the consumer. BLOB AUDIO can not be held responsible for errors or omissions in any of the text, graphics, information, descriptions, characteristics and photographs of products. The characteristics of the products can be modified without notice by the manufacturers. BLOB AUDIO is not responsible for the unavailability due to the manufacturer.
2.2- Discounts and gifts
Within the framework of promotional marketing operations or for commercial purposes, BLOB AUDIO may offer one or more Customers a discount or a reduction code or a gift. The discount or the discount code may relate to the price of the product, it being understood that only one discount or one discount code is granted per order. Similarly, it is possible that BLOB AUDIO provides promotional codes to a third party (influencers…) these will be described as “affiliates”.
When a discount is granted on a product, it is automatically deducted by the computer system from the total amount of the order. When a discount code is offered to the Customer, it is up to the Customer to enter it in the “discount code” field on the order validation page and then to check that the discount granted appears in the summary of the order. In the event that a computer system malfunction leads to a duplication of discounts, the invoice will be blocked until the payment is regularised or the order is cancelled.
The discount codes are valid within the limit of the expiry dates and only for the items concerned, which are clearly mentioned, either on the blobaudio.com website, or in the letter or e-mail detailing the offer and sent to the Customer, depending on whether the offer is collective or individual. Gifts are subject to the same rules and are offered within the limits of available stocks. They are neither guaranteed, nor taken back, nor exchanged and cannot give rise to any financial compensation.
The articles ‘ are available while stocks last. Consequently, BLOB AUDIO does not guarantee that the products will remain available for sale during a given period.
Any complaint by the Customer concerning the order or delivery of an unavailable item will be considered unfounded.
BLOB AUDIO has a stock updating system. However, in case of unavailability of the product after placing an order, BLOB AUDIO undertakes to inform the Customer by e-mail or by post as soon as possible. The Customer may then request an exchange or cancellation of his order by sending an email or by making the request directly via our contact form on the blobaudio.com website.
4. PRODUCT PRICES
The prices are in euros, including all taxes, at the time of the order. After this date, they may be modified at any time. For purchases outside of France, the “client-seller” payment system will take care of the electronic money conversion. BLOB AUDIO is not responsible for this action.
For countries outside of France, it is possible that the prices are shown in dollars.
These prices are applicable within the framework of the remote sale. They cannot, in any case, be the object of a request for application in shop (and vice versa).
BLOB AUDIO reserves the right to invoice, in addition to the price of the products, a flat-rate shipping cost representing a contribution to the preparation and shipping costs of the order. These costs, provided for in Article 7.2 of these General Terms of Sale, are added to the price mentioned for each product and are clearly indicated in the order summary and on the purchase invoice.
The VAT included in the price of the product is that in force in France for the products concerned on the day of the order. If the VAT rate were to be modified, the changes would be reflected in the price of the articles without the customer being informed in advance.
The conditions of a possible export tax exemption are specified in Article 8 of these General Terms and Conditions of Sale.
4.3- Transfer of ownership
BLOB AUDIO retains full and complete ownership of the products sold until full payment of all sums due by the Customer within the framework of his order, including expenses and taxes. These provisions do not prevent, upon delivery of the products, the transfer to the Customer of the risks of loss or deterioration of the products subject to retention of title as well as the damage that they may cause.
5.1- Confirmation of the order
In accordance with the law of 13 March 2000 on the validity of electronic signatures, the validation of an order is carried out by ticking the box “I have read and accept the general terms and conditions of sale” and then clicking on the “finalise order and pay” button (“double click” procedure). This validation constitutes an electronic signature which has the same value between the parties as a handwritten signature and is proof of the completeness of the order and the payability of the sums due in execution of said order. Due to the increasing number of frauds, BLOB AUDIO systematically checks orders and may ask the Customer to provide proof of identity and/or residence. In the event of such a request, the Customer will be informed by e-mail of the supporting documents to be returned in order to obtain the final validation of the order. The order will only be validated after reception and verification of these elements, the order shipping time running from this date only. If these documents are not received within 15 days following the validation of the order by the Customer, the order will be considered cancelled by right.
Furthermore, BLOB AUDIO reserves the right to cancel or refuse any order from a customer whose documents have not been verified or with whom there is a dispute concerning the payment of a previous order.
5.2- Proof of the order
The data recorded by BLOB AUDIO constitutes the proof of all transactions carried out between BLOB AUDIO and its Customers. In accordance with article 1348 of the French Civil Code, the archiving of order forms and invoices will be carried out on a reliable and durable medium that can be legally produced in case of litigation.
6.1- Payment by stripe
The Customer may pay online using a bank card. To do this, simply tick the “Pay by credit card” option when validating the order.
6.2- CB Monetico
The Customer may pay online by credit card. To do this, they simply tick the “Pay by credit card” option when validating the order.
6-3 Payment by credit card 2 or 3 times without charge via MONETICO
The customer can pay online using a bank card in 2 or 3 times without charge. It is sufficient to tick the box provided for this purpose and to fill in and accept the instalment payment contract proposed by MONETICO’s partner.
6.4- Payment by Paypal in 1 or more instalments without charge
The Customer can pay online using a Paypal account. To do this, simply check the Paypal payment option when validating the order. The customer via paypal can benefit from a payment in several times without expenses.
In order to make this payment method easier to use, BLOBAUDIO has chosen to use Paypal without a personal account. Therefore, no personal Paypal account will be requested when you pay in our shop.
Or Paypal payment via a personal account. BLOB AUDIO is not responsible for any refusal or problem of payment via Paypal, any problem will have to be solved by the customer with Paypal. Indeed, BLOB AUDIO does not have the hand on any “bugs” or “anomalies” of Paypal. Paypal should solve the problems not adjustable by BLOB AUDIO
7. SHIPPING, DELIVERY AND RETURNS
7.1- Shipping and delivery times
Orders are processed in the order in which they are actually received. In case of multiple items on an order, it is possible that blobaudio.com sends each of the items in separate packages, especially when the shipping time of one of the items is greater than that of the others.
The shipping time of an order varies from 2 to 30 working days. These times are subject to availability. They run from the validation of the payment or the completion of the order verification procedures provided for in articles 5.1 and 6.1 of these General Terms of Sale, if applicable.
They include the order registration and invoicing procedures, the possible internal transfer of the product between the different BLOB AUDIO sites and finally the logistical preparation of the order, whether it is done internally or outsourced to the manufacturer.
In all cases, BLOB AUDIO will keep the Customer informed of the follow-up of his order upon request by e-mail or via our contact form on the blobaudio.com website.
The products purchased on blobaudio.com are shipped to the delivery address specified by the Customer during the order. Delivery times are for France of 48 hours, excluding weekends, from the date of deposit and 2 to 8 days for foreign countries, unless otherwise stated on the sheet concerned. Any delays do not entitle the Customer to claim damages and BLOB AUDIO shall not be held responsible for the consequences of a delay in delivery beyond its control.
BLOB AUDIO reserves the choice of transport. Concerning shipments made by La Poste, in the event of the Customer’s absence on the day of delivery, the latter may pick up the order at the post office within the stipulated time limit, provided that he has the notice of passage issued by the clerk; concerning deliveries made by another carrier, in the event of the Customer’s absence on the day of delivery, the latter shall refer to the conditions mentioned on the notice of passage which will have been left at the delivery address.
Moreover, if a return has to be made for any reason related to the customer (a forgetfulness to recover his parcel, time to spend in post office…), the expenses of sending will be chargeable to the customer.
7.2- Shipping costs
Flat-rate shipping costs are invoiced in addition to the price of the products. These costs include a contribution to the costs of preparing the order as well as a contribution to the shipping costs calculated according to the delivery location of the order. These shipping costs are clearly indicated in the order summary and on the purchase invoice. They may be offered in part or in full and punctually in the context of promotional marketing operations specified in the “Delivery” section of the site blobaudio.com
7.3- Delivery problems
Article L.216.1 – BLOB AUDIO delivers the goods within the period indicated to the customer, in accordance with the 3rd degree of article L. 111-1, unless the parties have agreed otherwise. In the absence of indication or agreement as to the delivery date, BLOB AUDIO delivers the good without undue delay and at the latest thirty days after the conclusion of the contract. The delivery means the transfer to the customer of the physical possession or control of the good.
Article L.216 .2 – In the event of failure by BLOB AUDIO to fulfil its obligation to deliver the goods on the date or at the expiry of the period provided for in the first paragraph of article L.216-1 or, failing this, no later than thirty days after the conclusion of the contract, the customer may cancel the contract, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined BLOB AUDIO to carry out the delivery within a reasonable additional period of time, the latter has not fulfilled its obligation to do so within this period. The contract shall be considered terminated upon receipt by BLOB AUDIO of the letter or writing informing it of such termination, unless BLOB AUDIO has performed in the meantime. The customer may immediately cancel the contract when BLOB AUDIO refuses to deliver the goods or when it does not execute its obligation to deliver the goods on the date or at the expiration of the period provided for in the first paragraph of article L. 216-1 and when this date or this period constitutes for the customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the customer before the conclusion of the contract.
Article L.216.3 – When the contract is cancelled under the conditions envisaged in the article L. 216-2, BLOB AUDIO, refunds the consumer of the totality of the paid sums, at the latest in the fourteen days following the date to which the contract was denounced.
Article L.216.4 – Any risk of loss or damage of the goods is transferred to the customer at the time when this last or a third designated by him, and other than the carrier proposed by BLOB AUDIO, takes physical possession of these goods.
Article L.216.5 – When the customer entrusts the delivery of the goods to a carrier other than the one proposed by BLOB AUDIO, the risk of loss or damage of the goods is transferred to the customer when the goods are handed over to the carrier. In the event of damage of the sending, the customer will have to provide the proof of this concern: the purchase invoice as well as photographs proving the damage of the good, the customer as BLOB AUDIO will have to make a report with the service and company of sending so that there is an opening of file, that can take until 30 days.
Article L.216.6 – The provisions of the present chapter are of public order.
7.4- Conformity or quality
For the defective delivered articles, the Customer benefits from a guarantee allowing him to send them back in accordance with the articles L.211-4 and following of the Code of the Consumption.
The Customer must check the conformity of the goods delivered at the time of delivery.
For any complaint, the Customer shall indicate his contact details, the order number, the references of the product in question and the reasons for the complaint.
7.5- Complaint – return following a problem of conformity or quality
The Customer must make his complaint in writing only in order to make a date, either by e-mail or via our contact form on the blobaudio.com website or by post within 14 working days.
Upon receipt of the Customer’s complaint, BLOB AUDIO will decide what action to take in response to the Customer’s complaint and will send the Customer an exchange or a credit note, if it accepts. The return of the products in question is at the expense and under the responsibility of the buyer until receipt by BLOB AUDIO.
Upon receipt of the returned goods, BLOB AUDIO will proceed with the exchange of the product under the conditions mentioned in articles 7.3 and 7.4 of the present General Sales Conditions. The product can only be accepted for return if it is a complete product, in its original condition including packaging and accessories, accompanied by a copy of the invoice. In the event that it is impossible to exchange the product due to, for example, a lasting stock shortage or a definitive withdrawal of the product, the Customer will be reimbursed in credit notes for an amount equal to the purchase price of the returned product as well as the shipping costs, without however this amount exceeding 1.5 times the amount of the costs initially invoiced.
The credit note will be sent within a maximum of 30 days of receipt of the returned product, in the name of the Customer who placed the order and sent to the billing address. The credit note will be valid for a period of 8 months.
7.6- Withdrawal period – return following a change of mind
Within the framework of a complaint related to the purchase of digital and digital equipment, according to article L221-28 of the French Consumer Code, “the right of withdrawal cannot be exercised for contracts: 9° for the supply of audio and video recordings or computer software when they have been unsealed by the consumer after delivery”. Furthermore, claims related to the customer’s computer equipment that could make the use of the digital equipment sold by BLOB AUDIO will not be admissible. Therefore, no claim will be admissible to BLOB AUDIO on all digital products of BLOB AUDIO.
BLOB AUDIO is not responsible for the customer’s equipment that may be unsuitable for the products sold. Indeed, the customer will have to take note of all the explanations, notices, necessary system, computer configuration and FAQ of the site before proceeding to the purchase. Indeed, BLOB AUDIO has taken care to have indicated and specified the maximum amount of clear and readable information on blobaudio.com to guide and inform the customer as much as possible of the minimum necessary to have for a minimum use.
In case of force majeure, the customer may contact BLOB AUDIO, for a refund, the customer must explain his problem to try to solve it or allow BLOB AUDIO to find a solution. This problem must be reproducible by BLOB AUDIO‘s after-sales service and development team.
If BLOB AUDIO asserts and judges that the problem is self-inflicted and cannot be solved by a software update, BLOB AUDIO will make the refund using the same payment method as the one used by the customer for the initial transaction, unless the customer agrees to use another payment method insofar as the refund does not incur any costs for the customer. In the case of a refund, the customer’s licence will no longer be valid.
The credit note or refund will be sent within a maximum of 14 days of receipt of the returned product, in the name of the Customer who placed the order and sent to the billing address. The credit note will be valid for a period of 6 months.
In addition, it is expressly understood that the provisions of Article 7.6 of these Terms and Conditions of Sale apply only to purchases made on the site blobaudio.com by individuals. These provisions do not apply to sales made to legal entities (companies, craftsmen, traders, communities, associations … etc.) whose orders are firm and final. Finally, it is expressly understood that the provisions of Article 7.6 of these General Terms and Conditions of Sale do not apply to orders placed following the Customer’s acceptance of a quotation drawn up at his request by BLOB AUDIO, as the Customer already has a cooling-off period of 14 days from the receipt of the quotation and its transformation into a firm and definitive order.
The customer shall return the goods to BLOB AUDIO or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21. The costs of return shall be borne by the customer. The customer only bears the direct costs of returning the goods.
The address for return or contact with the company is the following (excluding any other address) BLOB AUDIO, 1 Place Sallaberry, 64990 URCUIT, France.
In the case of the relocation of an order or a product to a country other than metropolitan France, BLOB AUDIO reminds the Customer that he remains the importer of the product or products concerned. Any customs duty, other local taxes, import duties, or state taxes that may be due shall not be the responsibility of BLOB AUDIO.
It is also the Customer’s responsibility to check with the local authorities the possibilities of importing or using the products or services that he plans to send, to ensure that the technical and operating specificities of the manufacturer respect the legislation of the country concerned. BLOB AUDIO cannot be held responsible in case of non-compliance with the legislation of the country where the products will be sent by the consumer.
It is the Customer’s sole responsibility to obtain information from the local authorities and to assume the burden of the corresponding declarations and payments to the authorities and competent bodies of the country concerned.
In addition to the articles previously cited in these Terms and Conditions of Sale, and it being understood that the company BLOB AUDIO through its sales site blobaudio. com makes every effort to provide satisfaction to its customers, it is recalled that the company BLOB AUDIO can not be held responsible in the following situations: stock shortage or unavailability of the product due to the manufacturer, changes in the characteristics of the product by the manufacturer, disruption in the use of the Internet and presence of computer viruses, and any form of non-performance of the act of sale due to so-called force majeure (in addition to those retained as such by the Courts of Justice and French jurisprudence) is : disruption, total or partial strike of transport services of any kind and means of communication and telecommunication, war, riots, terrorism, fire, flood, water damage, epidemic, earthquake, accident, general breakdown, changes in legal trade agreements, as well as direct or indirect consequences related to the purchase and use of its products.
The ordering process involves the collection of a certain amount of personal information about the Customer. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access and rectify any information concerning him/her at any time. BLOB AUDIO undertakes not to communicate, free of charge or in return for payment, information relating to its Customers to third parties for commercial use.
11. INTELLECTUAL PROPERTY
The blobaudio.com website and all of its content are the exclusive property of the company BLOB AUDIO and are covered by the Intellectual Property Code. Consequently, any reproduction, copy, loan, representation, adaptation of the elements present on the site or constituting this one are prohibited except express authorization of the company BLOB AUDIO and constitute a counterfeit in the direction retained by the law. It is reminded that the counterfeiting of a copyright, a registered design or a trademark is a criminal offence which may be punished by a prison sentence of two years and a fine of 150,000 euros. In addition, any hypertext link must be authorised by BLOB AUDIO, which declines all responsibility for the content of the sites to which the links set up from the blobaudio.com site lead
Concerning Hacking and Cracking: The term hacking refers to the use of computer knowledge for illegal purposes. Therefore, all actions with the aim of harming the sale of BLOB AUDIO software, or which will be linked to the sharing of licenses, putting licenses or software online for free, action to bypass or allow to bypass the system of protection of BLOB AUDIO software, to make the software available for free or paying to other people, will be considered as hacking and cracking.
As a reminder: Article 323-1 of the penal code punishes “the fact of accessing or remaining fraudulently in all or part of an automated processing system”. The penalty is 2 years imprisonment and a €30,000 fine. This can be increased to three years’ imprisonment and a €45,000 fine if it results in “either the deletion or modification of data contained in the system, or an alteration of the functioning of this system”.
The hacker is also liable, as an additional penalty, to confiscation of the computer equipment that was used or intended to be used to commit the offence. It should be noted that the hacker is not only criminally liable but also civilly liable. He will thus have to pay damages to the victim to compensate him.
Article L335-3-1 of the Intellectual Property Code punishes unauthorised modifications of software with a fine of €3,750, as well as “the fact of knowingly undermining, for purposes other than research, a technical measure in order to alter the protection of a work by decoding, decrypting or any other personal intervention intended to circumvent, neutralise or remove a protection or control mechanism”.
It should be noted that the simple act of “unsealing” a work is punishable, without the need to prove that the “cracker” has made the software or work available to the public without its protection software. Article L335-3-1 of the Intellectual Property Code adds that the “cracker” who makes “cracking” software available to the public is liable to a 6-month prison sentence and a €30,000 fine.
Making available to the public a “cracked” work or software also constitutes an act of counterfeiting and can be punished for this. The author is then liable to 5 years imprisonment and a fine of €500,000.
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these General Terms of Sale.
13. LAW AND DISPUTES
The present General Conditions of Sale are written in French and BLOB AUDIO is a French company. French law is applicable to this contract. In the event of a dispute, the Customer shall first contact BLOB AUDIO to obtain an amicable solution. Failing this, the French courts shall have sole jurisdiction. Any procedure or dispute arising from the present contract shall be under the jurisdiction of the court of the defendant’s place of residence or, at the defendant’s option, that of the place of actual delivery of the product.