General Terms and Conditions of Sale and Use

Last update on October 4, 2023.
 

1. Scope of application - Definitions

1.1. Scope - Purpose

The Green Musicians Services (as defined below) accessible through the Green Musicians online intermediation platform (website accessible at the following address:
 
Greenmusicians.com, and mobile application accessible on the App Stores Apple and Google.
 
- hereinafter referred to as the "ensemble" Platform "are provided by Sarl Green Musicians, with a capital of 22,000 euros, registered with the RCS of Nantes under the number 948 243 894 and whose intra-community VAT number is FR 84948243894, with its registered office located at 13 Bis Boulevard Babin Chevaye, 44200 Nantes (" Green Musicians "), which offers an online intermediation service as an "online platform operator" within the meaning of Article L. 111-7 of the Consumer Code, with the aim of enabling the offering, negotiation, purchase, and sale, between Users (as defined below), of music equipment, software downloads, and sheet music.
 
CGU »). Les CGU régissent les relations entre Green Musicians et les utilisateurs de la Plateforme et des Services, définis ci-après. 1. Définitions - La « Plateforme » désigne le site web et l'application mobile Green Musicians, ainsi que tous les contenus, fonctionnalités et services qui y sont accessibles. - Les « Services » désignent l'ensemble des fonctionnalités et services proposés par Green Musicians sur la Plateforme. - Les « Utilisateurs » désignent les personnes qui accèdent à la Plateforme et utilisent les Services. 2. Acceptation des CGU En accédant à la Plateforme et en utilisant les Services, les Utilisateurs reconnaissent avoir pris connaissance et acceptent sans réserve les présentes CGU. 3. Accès à la Plateforme et aux Services L'accès à la Plateforme et l'utilisation des Services sont réservés aux Utilisateurs qui se sont préalablement inscrits sur la Plateforme et qui disposent d'un compte utilisateur. Green Musicians se réserve le droit de refuser l'accès à la Plateforme et aux Services à tout Utilisateur ne respectant pas les présentes CGU. 4. Inscription et compte utilisateur Pour accéder à la Plateforme et utiliser les Services, les Utilisateurs doivent s'inscrire en créant un compte utilisateur. Les Utilisateurs garantissent l'exactitude et l'exhaustivité des informations fournies lors de leur inscription. Ils s'engagent à maintenir la confidentialité de leurs identifiants de connexion et à informer immédiatement Green Musicians en cas de perte ou de vol de ces identifiants. 5. Utilisation des Services Les Utilisateurs s'engagent à utiliser les Services de manière conforme à la loi et aux présentes CGU. Ils s'interdisent notamment de : - Utiliser la Plateforme à des fins illégales ou illicites. - Porter atteinte aux droits de propriété intellectuelle de Green Musicians ou de tiers. - Diffuser des contenus violents, injurieux, discriminatoires ou contraires aux bonnes mœurs. - Collecter des informations personnelles d'autres Utilisateurs sans leur consentement. 6. Responsabilité de Green Musicians Green Musicians s'engage à mettre en œuvre tous les moyens nécessaires pour assurer la disponibilité et la sécurité de la Plateforme et des Services. Cependant, Green Musicians ne peut garantir leur disponibilité continue ni leur absence de bugs ou d'erreurs. Green Musicians ne pourra être tenu responsable des dommages directs ou indirects causés par l'utilisation de la Plateforme ou des Services. 7. Modification des CGU Green Musicians se réserve le droit de modifier les présentes CGU à tout moment. Les Utilisateurs seront informés des modifications par tout moyen jugé approprié. En continuant à utiliser la Plateforme et les Services après la modification des CGU, les Utilisateurs acceptent les nouvelles conditions. 8. Droit applicable et litiges Les présentes CGU sont régies par le droit français. En cas de litige, les parties s'efforceront de trouver une solution amiable. À défaut, les tribunaux français seront seuls compétents. Terms and Conditions (T&Cs) "), which aim to specify the contractual provisions relating to the respective rights and obligations of Green Musicians and Users (as defined below), within the framework of the operation and use of the Platform.
 
Green Musicians reserves the right to modify the terms and conditions at any time. In the event of a substantial modification, Users will be notified in advance by email sent to the email address they provided during registration, FIFTEEN (15) days before the changes take effect. By continuing to use the Green Musicians services after the changes to the terms and conditions take effect, the User is deemed to have accepted the new version of the terms and conditions. The date of the last revision of the terms and conditions is displayed at the top of the page.
 
 
 
 

1.2 Definitions In this context, the term "definitions" refers to the specific meanings or explanations of certain words or concepts used in a particular context or field. These definitions help to clarify the understanding and interpretation of the subject matter being discussed.

Each of the terms mentioned below will have the following meaning:
 
Buyer : any User who holds an account and purchases one or more items on the Platform from one or more Sellers through the Green Musicians Services.
 
Announcement : The set of elements and data (visual, textual, auditory, photographs, drawings, etc.) deposited by an Advertiser with the aim of offering an Article for sale via the Green Musicians Services.
 
Advertiser : any User who has an account, has made a deposit and has posted an Ad.
Professional advertiser : any Advertiser acting on the Platform as a professional seller.
 
Article An article is a written piece of information or opinion that is published in a newspaper, magazine, or online platform. It is a common form of communication that allows writers to share their thoughts and ideas with a wider audience. Articles can cover a wide range of topics, including news, politics, entertainment, sports, science, and more. They can be informative, persuasive, or entertaining, depending on the writer's purpose and the target audience. In general, an article consists of an introduction that presents the main topic or issue, followed by a series of paragraphs that provide more detailed information or arguments. It may also include quotes from experts, statistics, and examples to support the writer's claims. Articles are typically written in a formal and objective tone, although some may adopt a more subjective or opinionated approach. They should be well-researched and provide accurate and reliable information to ensure credibility. Overall, articles play a crucial role in journalism and communication, allowing writers to inform, educate, and engage readers on various subjects. They are an important tool for sharing knowledge and stimulating discussions in society. : Any product related to musical practice, including musical instruments, audio and DJ equipment, music equipment and accessories, software and sheet music, the sale of which is not prohibited by applicable legislative and regulatory provisions, the T&Cs and/or the Rules for the classification, referencing and dissemination of Ads, offered for sale by the Advertiser through the Green Musicians Services.

Content : all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other materials.

 

Intellectual Property Rights of Green Musicians : All intellectual property rights of the Green Musicians Platform and Services, held or licensed by Green Musicians, especially those related to trademarks, signs, trade names, designs, models, company names, as well as visual identity and/or graphic guidelines, all databases protected under the sui generis database rights and copyright law, the domain name of the Platform, its overall architecture, graphic, textual and/or media content, and the databases that compose it, protected under the sui generis database rights and copyright law.
 
Rules for categorization, referencing and dissemination of Ads : The set of rules and prohibitions defining the Articles whose sale is allowed or prohibited, the conditions for writing Ads and the associated submission process, the conditions for moderating Ads, as well as their ranking rules.
 
Green Musicians Services : The Green Musicians services include depositing, consulting advertisements, buying/selling items, and downloading through secure payment services and connecting with a transportation service provider.
 
Seller : Any Advertiser who holds an account and whose offer to sell one or more Item(s) has been accepted by a Buyer through the Green Musicians Services.
 
User : any natural person (i) aged at least 18 and legally capable, or (ii) their legal representative as applicable, using the Green Musicians Services, as an individual and/or acting as a professional.
 
Users, advertisers, buyers and sellers can be professionals or non-professionals consumers. However, the use of Green Musicians Services by professionals requires the creation of a professional account, with the understanding that professionals who offer goods for sale and/or carry out transactions with consumers are subject to specific legal provisions, detailed below in article. 6.2.2.
The act of someone presenting themselves as a consumer or non-professional while acting in a professional capacity constitutes an unfair commercial practice, punishable by imprisonment for two years and a fine of THREE HUNDRED THOUSAND EUROS (€300,000), which can be increased to TEN PERCENT (10%) of the average annual turnover or FIFTY PERCENT (50%) of the expenses incurred for the advertising or practice constituting this offense (Article L. 132-2 of the Consumer Code).
The professional quality will be indicated, if applicable, on the Advertisement and the User's profile.
 
 
 
2. Presentation of the Platform
The platform is a digital tool that allows users to access a wide range of services and resources. It is designed to provide a user-friendly experience and facilitate communication and collaboration among users. The platform offers various features, including a centralised dashboard where users can access all the available services. It also provides a secure login system to protect user data and ensure privacy. Users can easily navigate through the platform to find the services they need. They can search for specific resources or browse through different categories to discover new options. The platform also offers personalised recommendations based on user preferences and previous interactions. One of the key features of the platform is the ability to connect and collaborate with other users. Users can join groups or communities based on their interests or professional affiliations. They can share ideas, ask questions, and collaborate on projects through the platform's integrated communication tools. The platform also offers a support system to assist users in case of any issues or questions. Users can contact the support team directly through the platform or access a comprehensive knowledge base for self-help. Overall, the platform aims to provide a seamless and efficient experience for users, enabling them to access the services and resources they need and connect with others in their field.

2.1. Access to the Platform - Availability

 
The Platform is accessible for free to Users (i) with an internet connection, unless otherwise stated, and (ii) with the necessary equipment and permissions, as specified at the launch of the Platform by the User, if applicable. All costs, of any kind, related to accessing the Platform are solely the responsibility of the User, who is solely responsible for the proper functioning of their computer equipment and internet access.
Green Musicians does its best to provide the User with access to the Platform 24 hours a day, 7 days a week, except in case of force majeure and subject to the following.
Green Musicians may, at any time, without any liability,
  • suspend, interrupt or limit access to all or part of the Green Musicians Platform and/or Services, reserve access to the Green Musicians Platform and/or Services, or certain parts of the Green Musicians Platform and/or Services, to a specific category of Users.
  • delete any information, including advertisements, that could disrupt the functioning of the Platform or be in violation of (i) "J'ai acheté des fruits et des légumes frais au marché ce matin." the current applicable legislative and regulatory provisions. (ii) the Terms and Conditions Sorry, but I need more context or the actual text in order to provide a translation. The rules for categorization, referencing, and dissemination of ads.
  • suspend or limit access to the Green Musicians Platform and/or Services in order to carry out updates.

Green Musicians is released from any liability in case of inability to access the Platform and/or Green Musicians' Services due to a force majeure event, as defined in Article 1218 of the Civil Code, or due to an event beyond its control (including problems with the User's equipment, technical glitches, disruptions on the internet network, etc.).

The User acknowledges that Green Musicians' obligation regarding the availability of the Green Musicians Platform and Services is a mere obligation of means.
 

2.2. Registration and unsubscription on the Platform

 
Browsing through the Ads (access to the Articles catalog) published on the Platform is free and open. However, creating an account is necessary to access certain Green Musicians Services.
Only individuals (i) aged 18 or over and legally capable, or (ii) their legal representatives where applicable, acting solely for private purposes, may create an account.
During registration, the User will need to fill in the required fields (title, last name, first name, email, password, pseudonym, and, if desired, their gender - male or female - a profile picture - the instrument(s) played - the music style(s) listened to or practiced; the address is also necessary to be able to publish Ads or make a purchase of an Item). The User agrees to provide accurate and truthful information.
In case of modification of the information provided, the User undertakes to modify the data saved in his/her account.
As part of the registration process, the User agrees to the Terms and Conditions by checking the box provided for this purpose.
Usernames and passwords are personal and confidential. The User is solely responsible for their own username and password. They agree to take all necessary measures to keep their username confidential and not to disclose it in any form. They must promptly inform Green Musicians if they notice a security breach, particularly related to the voluntary disclosure or misuse of their username and/or password, so that Green Musicians can take appropriate measures to address the security breach. In case of loss or misuse of a username and/or password, the User agrees to notify Green Musicians as soon as possible. Green Musicians will then deactivate the User's account and send them a link to reset their password by email to the address provided by the User.
 
 

3. Green Musicians services offered on the Platform.

3.1 Presentation of Green Musicians Services Green Musicians is a company that offers a range of services specifically designed for environmentally conscious musicians. Our goal is to support artists in their efforts to reduce their ecological footprint and promote sustainable practices in the music industry. One of our main services is the provision of eco-friendly musical instruments. We offer a wide selection of instruments made from sustainable materials such as reclaimed wood and recycled metal. These instruments are not only environmentally friendly, but they also provide musicians with high-quality sound and durability. In addition to instruments, we also provide eco-friendly accessories such as guitar strings made from recycled materials, biodegradable picks, and sustainable instrument cases. These accessories are designed to help musicians reduce waste and make more environmentally conscious choices. Another service we offer is eco-friendly recording and rehearsal spaces. We have partnered with studios that are equipped with energy-efficient equipment and use renewable energy sources. These spaces are designed to provide musicians with a comfortable and sustainable environment to create and practice their music. Furthermore, we provide educational resources and workshops on sustainable music practices. We believe that by educating musicians about the environmental impact of their industry and providing them with practical solutions, we can make a positive change in the music community. At Green Musicians, we are committed to supporting musicians who are passionate about both their craft and the planet. Our services are tailored to meet the unique needs of environmentally conscious artists, and we strive to provide them with the tools and resources they need to make a difference.
 
Green Musicians offers on the Platform the Green Musicians Services described below, it being specified that access to certain Green Musicians Services requires the creation of an account.
  • Advertisement Submission (account required)
  • Advertisement Consultations
  • Purchase of Items (account required)
  • Provision of an integrated messaging service that allows Users to exchange text messages (account required)
  • Hand delivery of items between users (account required).
  • Provision of a social network
  • Software download (account required)
  • Sheet music download (account required)
 
The Green Musicians Services allow Users to enter into sales contracts with each other for the items featured in the Listings.
 

3.2. Distribution of rights and obligations

 
The User acknowledges and agrees that the Green Musicians services offered by Green Musicians are limited to hosting, referencing, and disseminating the Ads published on the Platform, as well as facilitating the connection between Users, Advertisers, Sellers, and Buyers, notably through the provision of the integrated messaging service.
 
Green Musicians does not intervene in any way in the contractual relationship formed between Users/Advertisers (Sellers and Buyers).
The sellers and buyers are and remain solely responsible for their obligations under the contract concluded between them, to which Green Musicians is not a party.
 
 

4. Announcements

4.1. Rules for Posting Ads

 
The User who has created an account and accepted the Terms and Conditions can freely publish Ads on the Platform.
The main rules applicable to the posting of an Advertisement are as follows:
 
  • The User must be the owner of the Items and/or have the right to sell them.
  • The articles, and/or their sale, must in no way contravene the applicable legislative and regulatory provisions, nor violate the rights of a third party, particularly intellectual property rights.
  • In this regard, it is specified that only Ads for original items are allowed. The sale of unauthorized copies or reproductions may constitute an act of counterfeiting, which is subject to criminal penalties.
  • The item must meet the commonly applied requirements on the market for this type of item based on its nature, unless expressly and explicitly stated in the advertisement.
The articles for which posting an advertisement is prohibited, allowed subject to the respect of specific conditions, or allowed without specific conditions, as well as the general conditions for posting an advertisement, are specified in the Rules for sorting, referencing, and distributing advertisements. The User agrees to familiarise themselves with the Rules for sorting, referencing, and distributing advertisements and to comply with them.
 
It is specified that no capitalist link or legal dependence with any of the referenced Advertisers on the Platform influences the ranking or referencing of the Products.
 
The Advertiser, when submitting an Ad:
 
  • You must fill out the questionnaire related to the referencing of the Article, indicating in particular:
    • The name of the article ;
    • A description of the article, indicating its characteristics (including the brand, colour, power, size, and condition) and mentioning any defects and potential specificities. This description should provide detailed information about the article's features, including its brand, colour, power, size, and condition. It should also highlight any defects or specificities that may be present. For example: - Brand: Sony - Colour: Black - Power: 1000W - Size: 50cm x 30cm x 20cm - Condition: Used, but in good working condition It is important to mention any defects or specificities that the article may have. For instance, if the item has a scratch on the screen, or if it comes with additional accessories or features that are not typically included. Overall, the description should be clear and comprehensive, providing potential buyers with all the necessary information about the article. ;
    • The elements necessary for categorizing the Article (instrument, category, sub-category, filters, brand, characteristics).

  • Commits to providing a description of the Property in accordance with the following conditions:
    • Brand new: Unused item, complete with unopened packaging and instruction manual(s).
    • Very good condition: Well not or little used, without any defects or scratches, complete and in perfect working condition.
    • Good condition: Well in perfect working order, with a few small defects (mentioned in the ad and visible in the photos).
    • Average condition: Good working order, with noticeable defects and signs of wear (mentioned in the advertisement and visible in the photos).
    • Does not work: Not functional, for complete restoration or spare parts recovery.
    • Refurbished - Stock B - Professionals only: Well unpacked and used, which has been meticulously inspected and tested by a professional to be restored to working condition, and then repackaged.
    • Exhibition model - Professionals only: This item has been exhibited and used for testing purposes, meticulously inspected and tested by a professional, and then repackaged.

  • Between THREE (3) and TEN (10) high-quality photographs of the Item must be uploaded during the listing process (it is prohibited to use photographs found on the internet and/or photos of a similar item). They must accurately reflect the actual quality and external appearance of the Item, as well as any potential defects on the Item.

 

  • A high-quality video (optional but highly recommended) of the article can be uploaded during the referencing of the article (using a video found on the internet and/or a video of a similar article is prohibited). It should accurately depict the sound quality, external appearance of the article, as well as any potential defects present on the article.

 

  • Provide the sales conditions of the item (price, weight of the item and, if applicable, of the package, seller's address, and, if applicable, the commercial conditions of the professional advertiser), and any specific important information for potential buyers.
 
The Advertiser, when posting an advertisement related to an item, declares that this item is in accordance with the description provided, and that this description is comprehensive.
Each article can only be the subject of one advertisement.
 
The submission of an Ad constitutes an offer to sell the Item by the Advertiser, which can be accepted by a Buyer. As a result, the Advertiser undertakes that the Item he is offering for sale is available. In the event that an Item is sold outside of the Green Musicians Services and is therefore no longer available, the Advertiser undertakes to remove the corresponding Ad as soon as possible. Before the purchase of the Item by a Buyer, the Advertiser may modify or remove the Ad at any time.
 
IMPORTANT INFORMATION:
It is expressly stated to Users that Advertisers are solely responsible for the proper referencing of Articles, compliance with Ranking Rules, referencing and dissemination of Advertisements, and compliance with applicable regulations for Articles, as well as verifying the condition of Articles offered for sale on the Platform.
In this regard, each Advertiser is solely responsible for complying with specific rules applicable to the marketing of products subject to specific regulations: each Advertiser is specifically responsible for communicating the necessary information for appropriate, compliant, and safety-compliant use.
 
Green Musicians cannot, under any circumstances, be held responsible for incorrect referencing due to an error by the Advertiser, and/or in the event that the Advertiser fails to comply with their legal obligations in the context of the sale of Safety Articles, Green Musicians' liability being limited to the implementation of a moderation service for Ads, under the conditions set out in Article 4.2 below.
The respect of the Rules for classification, referencing and dissemination of Ads, as well as the applicable regulations to the Articles, thus engages the individual responsibility of each Advertiser, who may have their liability held in case of fault on their part.
 

4.2. Moderation of Ads

The articles must respect the different universes of Green Musicians.
After the posting of the Ads, Green Musicians will verify the Ads reported by Users.
 
The ads reported by at least TWO (2) users are immediately hidden (made "invisible" / "hidden") before being checked by Green Musicians' customer service.
 
Any Advertisement (i) containing elements contrary to legal and regulatory provisions, good morals, the CGU as well as the Rules for the ranking, referencing and dissemination of Advertisements (including in relation to the conformity of the Items, their condition, compliance with applicable safety rules for the Items, or their quality, in connection with the description of the Advertisement) or (ii) likely to disturb or shock Users, or (iii) not classified in the appropriate category may, as the case may be, be modified, refused or deleted (taken offline) by Green Musicians, without giving rise to any right to compensation for the Advertiser.
 
The Advertiser will be notified of Green Musicians' decision and its reasons, and may contact Green Musicians regarding this matter at the contact details indicated in Article 14.1 of the Terms and Conditions.
 
Green Musicians also reserves the right to suspend or delete the Advertiser's account in the event of serious misconduct (including violations of applicable laws and/or good morals) or repeated misconduct by the Advertiser.
 

4.3. Ranking of Ads

The ads are classified by categories and sections according to the type of articles.
In each category/section, the ads are classified chronologically by the publication date.
The User has the option to filter the Listings, especially by type of Items, relevance, alphabetical order, chronological order, popularity, brand, price or randomly.
 

4.4. "Favorites" tab

The User has a "favorites" service that allows them to classify an Ad as one of their favorites: Ads classified as favorites by a User are directly accessible from their personal space (in the "My favorites" tab), without the User having to search for the Ad(s) again in the entire catalog of Ads on the Platform. These Ads no longer appear in this tab once they are deleted or taken offline.
 

5. Integrated messaging

As part of the Green Musicians Services, Users with an account can communicate with each other via a private messaging system ("chat"). This integrated private messaging system is made available to Users with an account so that they can exchange messages within the scope of the Green Musicians Services, particularly regarding Announcements and Articles.
 
The correspondences exchanged via the integrated messaging system are private, only the concerned Users can access them, excluding other Users.
In the context of using private messaging, Users agree to:
 
  • respect the purpose of private messaging, which is the exchange between Users within the framework of the Green Musicians Services, particularly regarding Articles and Announcements.
  • to comply with legal and regulatory provisions as well as the terms and conditions
  • Refrain from making any statements contrary to public order, good morals, or that may disturb or offend Users (including inappropriate, insulting, defamatory, or potentially harassing remarks).
 
Users are and remain solely responsible for their comments and exchanges that occur via private messaging, which they acknowledge and accept.
 
Green Musicians does not perform any moderation regarding the integrated messaging. However, users can still report inappropriate behavior or comments to the contact information indicated in Article 14.1 of the Terms and Conditions.
 

6. Purchase / sale of Items

6.1. Buying and selling items through Green Musicians Services

The announcement is available in French, English or Spanish and then translated, if necessary.
It is specified that the total amount to be paid by the Buyer corresponds to the price of the item(s) plus a financial contribution for the provision of the "Green Musicians Services" equal to 1€ + 5% of the value of the item(s) purchased. (click here to see the "Green Musicians Services").
 
The Buyer can contact the Advertiser via (i) the "make an offer" button or (ii) the integrated messaging service to negotiate all or part of the terms of the Ad. It is specified that Buyers are not authorized to complete the transaction without going through the Platform. In the event of non-compliance with this prohibition, Green Musicians disclaims all liability for said transaction.
The sale is definitely concluded between the Seller and the Buyer upon completion of the purchase process and payment for the Item.
 
The Buyer receives a transaction confirmation, and the Seller is informed of the sale of their item, by email.
 
As a result, the Buyer and the Seller undertake to fulfill their obligations under the concluded sales contract, which are mainly:
 
  • for the Buyer: pay the price to the Seller.
  • For the Seller: deliver the Item to the Buyer.
 

6.2. Buyers and Sellers Information

 
1. Information for Buyers not purchasing from a professional Advertiser
 
Green Musicians informs the Buyer that if they do not purchase from a professional Advertiser, they will not benefit from consumer rights derived from European Union consumer protection laws, namely:
 
  • of the right of withdrawal provided for in articles L. 221-28 of the Consumer Code,
  • of the legal guarantee of conformity under articles L. 217-4 et seq. of the Consumer Code.
 
 
However, the Buyer, not purchasing from a professional, benefits from the warranty for hidden defects under the common law of sales, as provided for in Articles 1641 et seq. of the Civil Code.
 

2. Information regarding purchases made from a professional advertiser.

 
Green Musicians informs the Buyer that if they purchase from a professional Advertiser, they are entitled to consumer rights under European Union consumer protection law, which include:
  • the right of withdrawal (the terms and effects of which are specified in the box in the appendix to the terms and conditions) for a period of FOURTEEN (14) days from the day on which the Buyer, or a third party other than the carrier and designated by him, physically takes possession of the purchased item, or of the last item purchased in the case of separate delivery for a single order, as provided for in Articles L. 221-28 of the Consumer Code, under the conditions detailed in the Appendix to the terms and conditions ;
  • the legal guarantee of conformity provided by articles L. 217-4 et seq. of the Consumer Code ;
  • of the warranty for hidden defects under the common law of sale, as provided in articles 1641 et seq. of the Civil Code.
 
In this context, Green Musicians informs the Buyer of the identity of the professional Advertiser and their professional status, if applicable.
 
Furthermore, the Buyer may contact the professional Advertiser for any additional information or request using the contact details provided on the Platform, upon simple request, or by using the messaging system made available on the platform.
 
3. Information on the general law of obligations and civil liability.
 
However, the Buyer and the Seller are informed that, notwithstanding the information specified in 6.2.1. And 6.2.2. Above, the following provisions of the Civil Code relating to the law of obligations and civil liability are the main provisions applicable to the contract concluded between the Buyer and the Seller:
  • Articles 1193 to 1198 of the Civil Code (the effects of the contract between the parties)
  • Articles 1217 to 1231-7 of the Civil Code (breach of contract)
  • Articles 1602 to 1649 of the Civil Code (sale - seller's obligations).
  • Articles 1625 to 1649 of the Civil Code (sale - warranty).
  • Articles 1650 to 1657 of the Civil Code (sale - obligations of the buyer).
  • Articles 1240 to 1252 of the Civil Code (tort liability).
 

4. Information on the social and tax obligations of Sellers

 
In addition, the Seller is informed that they may be subject to social and tax obligations for transactions carried out via the Platform.
The seller is invited to visit the pages of the competent administrations via the referenced links above to find out more about this.
He is also informed that Green Musicians must send him, no later than January 31st of each year, an annual summary of the operations carried out and the gross amount received for this purpose during the past year, as well as to the tax administration (DGFiP).
 

7. Secure payment service

 
The purchase of an item through Green Musicians Services necessarily involves the use of the secure payment service. The Buyer is informed that the cost of the secure payment service is at their expense as part of the Service Fees, which are added to the price of the item.
The secure payment service made available as part of the Green Musicians Services is operated by MANGOPAY. The Buyer and the Seller acknowledge and accept that the use of the secure payment service is subject to MANGOPAY's Framework Contract for Payment Services, accessible via the following link. https://mangopay.com/terms/MANGOPAY_Terms-FR.pdf 
 
The Buyer and the Seller must each provide all the necessary information and supporting documents to the Secure Payment Service, including:
 
  • last name, first name, email address, date of birth, nationality, and country of residence ;
  • For individual users: a copy of a valid official identification document (e.g. identity card, driving licence), and for non-European Union nationals, a passport. ;
  • For professional users (legal entities): a copy of a valid official identification document of the legal representative, an extract from the commercial register (Kbis) dated within the last month, the articles of association, the list of shareholders, as well as the declaration of the ultimate beneficial owner (UBO).
  • If applicable, a bank identity statement of an account opened in his/her name with a person mentioned in 1° to 6° bis of article L. 561-2 of the Monetary and Financial Code established in a member state of the European Union or in a state party to the agreement on the European Economic Area or in a third country imposing equivalent obligations in terms of combating money laundering and terrorist financing.
 
As well as any additional information that may be required as part of the Secure Payment Service. The Buyer and the Seller guarantee the accuracy of the information and supporting documents provided.
 
As part of the Secure Payment Service, the Buyer must pay in advance for the purchased item(s) from the Seller using a credit card (or, in the future, via PayPal), or any other payment method that may be made available, using the secure payment service available on the Platform.
 
The amounts paid by the Buyer will be held by MANGOPAY until the transaction is validated.
 
The transaction is validated:
 
  • when the Buyer confirms to Green Musicians that the Item is in accordance with the Ad
  • after the expiration of the contestation period following the receipt of the Article,
  • after the resolution of a dispute, if applicable.
 
Once the transaction is validated, the funds are immediately transferred to the Seller's MANGOPAY virtual wallet, which can then be transferred to the bank account provided by the Seller (subject to having provided their IBAN, the name of the bank account holder, and having completed the "Know Your Customer" or "KYC" validation process), or used to make purchases through the MANGOPAY payment service, free of charge.
 
The Secure Payment Service is only available for use by the Buyer and the Seller, each personally, within the framework of using the Green Musicians Services.
As a result, the Buyer and the Seller prohibit any use in another context and/or for the benefit of a third party.
In case of transmission of inaccurate information and/or supporting documents and/or suspicion of fraud, Green Musicians will immediately suspend the account of the User in question as well as the ongoing transactions pending the results of the investigation conducted.
 

7.1. Payment in installments.

 
 

7.2. PayPal payment

 
During the validation of his order, the Customer must enter his email address linked to PayPal as well as his PayPal password. If the Customer does not already have a PayPal account, he will be directed to a PayPal account creation page at the time of payment, allowing him to benefit from this payment method.
 
The Customer will be able to use the PayPal Express feature, allowing them to place an order directly through their PayPal account without creating a Green Musicians account.
 

8. Delivery service

 
By using the Green Musicians Services to purchase an Item, the User can choose to use, or not, the Delivery Service, with the Seller handing over the Item to the Buyer in person also being possible. The Buyer is hereby informed that the Shipping Costs are at their expense and are added to the price of the Item.
The shipping costs are displayed on the product sheet and vary depending on the nature of the package (size, weight, destination).
 
As part of the Green Musicians Services and subject to the use of the secure payment service, Green Musicians offers to connect the Buyer and the Seller with the selected Carrier's services, a specialized third-party provider for transportation and delivery.
 
As part of the Delivery Service, a shipping label, paid for by the Buyer, will be provided by Green Musicians to the Seller, allowing the Seller to ship the Item to the Buyer via the chosen carrier, which the Seller must do within a period of SIX (6) days from the transmission of the shipping voucher. If the Item is not sent within this timeframe, the transaction will be cancelled and the Buyer will be fully refunded.
 
The Buyer may choose to purchase optional insurance offered, if applicable, by the carrier, but it is not mandatory. The Buyer can learn about the price and conditions of the carrier's optional insurance during the Article purchase process.
 
The Seller must keep proof of shipment for the Item.
If the Buyer has not received an Item, they must notify Green Musicians within FOUR (4) days following the scheduled delivery date of the Item.
In this case, the transaction will be suspended, and Green Musicians will undertake reasonable efforts to determine the cause of non-delivery (non-sending by the Seller or loss during transport). If the non-delivery of the Item is definitively established, Green Musicians will refund the Buyer the full amount of the price.
 
In case of loss of the item during transportation, the Seller will be compensated by the carrier according to the applicable conditions of the carrier in this situation.
If the Buyer receives the Item, they inform Green Musicians immediately.
Acting solely as a matchmaking service provider, Green Musicians is not responsible for the transportation of the items.
 
 

9. Receipt of Articles

 
In order to secure transactions and protect Buyers, the amount paid by the Buyer within the framework of the Secure Payment Service is held by MANGOPAY until the transaction is validated.
 
The Buyer has THREE (3) working days from the receipt of the Item to validate its conformity with the Ad. In the absence of validation at the end of this period, the Item will be deemed to be in conformity with the Ad and the transaction validated.
 
If the Buyer reports that the Item is not as described in the Listing, the transaction will be suspended and the price will be held in escrow.
 
The Buyer and the Seller are solely responsible for resolving the alleged non-conformity of the Item and for specifying the return arrangements of the Item, if applicable. They undertake to inform Green Musicians as soon as possible so that it can provide the corresponding instructions to MANGOPAY (transaction validation or full refund to the Buyer).
 
It is specified that, if applicable, the return costs of the item are the responsibility of the Buyer, unless agreed otherwise with the Seller.
 
In the event of a return of an item by the Buyer to the Seller, the Buyer undertakes to provide the Seller with the necessary information to track the item (URL or tracking number) on the designated page.
 
 

10. Rating / Review

 
At the end of each completed transaction, Buyers and Sellers can each rate the User with whom the transaction was made ("User Rating", ranging from 1 to 5, where 1 is the lowest satisfaction rating and 5 is the highest satisfaction rating).
 
At the end of each completed transaction, Buyers and Sellers can also, each, write a review, in the form of a written comment, regarding the progress of the transaction and the contact with the User with whom the transaction was made.
 
The User Rating and reviews will be displayed on the User's public profile. Online reviews, the date of the review, and any updates will be shown on the User's public profile.
 
No consideration is provided by the Platform in exchange for the Buyer's submission of a review.
 
The reviews are published immediately after they are validated by the Buyer.
The maximum retention period for a review on Green Musicians is set to the duration of the Buyer's user account retention period, in accordance with Green Musicians' privacy policy. This means that the review will be kept for as long as the Buyer's account is active on Green Musicians, until a request for deletion of the Buyer's user account is made, or until the end of a period of inactivity on Green Musicians, which is set to a maximum of THREE (3) years from the Buyer's last login to their user account.
 
Any user can report a problem with a review by contacting Green Musicians through the dispute resolution procedure detailed in Article 14 of the Terms and Conditions. Depending on the relevance of the report, Green Musicians may contact the author of the review and/or delete the review if it does not comply with applicable legal and regulatory provisions and/or violates good morals (particularly in cases of offensive, defamatory, racist, or illegal content) and/or the Terms and Conditions.
 

11. Green Musicians Service and Protection Fees

11.1 For the Buyer:

When using Green Musicians to purchase an item, the Buyer pays:
 
  • The transportation fees, charged by Green Musicians to the Buyer ;
  • The Green Musicians buyer protection costs 1 € and 5 PER CENT (5%) of the total Article price including taxes.
  • The Service Fees compensate the expenses incurred by Green Musicians for the payment, development, and maintenance of the Platform, as well as the establishment of a Green Musicians customer service. Consequently, it enables Green Musicians to provide the Green Musicians Services, including the secure payment service provided by MANGOPAY and negotiated transportation prices.
 

11.2 For the Seller:

 
When using the Green Musicians Services to purchase an item, the Seller pays:
 
The Green Musicians Service Fees, which are all taxes included (VAT), amount to 10 PERCENT (10%) of the price of the item including VAT, applied to each order placed through the Green Musicians Services.
The Service Fees compensate for the expenses incurred by Green Musicians for the payment, development, and maintenance of the Platform, as well as the establishment of a Green Musicians customer service, and allow Green Musicians to provide the Green Musicians Services, including the secure payment service provided by MANGOPAY ; negotiated transportation prices ; and, if applicable, exposure on Google Shopping.
  

12. Responsibility

12.1. The responsibility of Green Musicians

 
The User acknowledges and agrees that the Green Musicians Services offered by Green Musicians are limited to the referencing and dissemination of Ads, as well as the provision of the secure payment service and the delivery service.
In any case, Green Musicians cannot be held responsible in the following cases (non-exhaustive list):
 
  • Non-compliance by the User (i) with applicable legislative and regulatory provisions, (ii) with the Terms of Service, and (iii) with the Classification, Referencing, and Distribution Rules of the Listings.
  • Non-performance by the Seller and/or the Buyer of their respective obligations under the sales contract.
  • Use of the Green Musicians Platform and/or Services contrary to their purpose,
  • Internet network outage, occurrence of technical problems and/or a cyber attack affecting premises, digital spaces, software, and equipment owned by or under the responsibility of the User.
 
Furthermore, Green Musicians is in no way responsible if the purchase of the Item is not made through the Green Musicians Services. In this case, the Buyer and the Seller will not benefit from the Secure Payment Service or the Delivery Service. They will also not be able to seek assistance from Green Musicians in case of difficulty, which they acknowledge and accept.

Regarding the content broadcasted on the website https://www.greenmusicians.com/en/, they are known to be reliable but the website does not guarantee that it is free from defects, errors or omissions.

The communicated content is presented for informational purposes only and has no contractual value. Despite regular updates, the website www.greenmuscians.com cannot be held responsible for any changes in administrative and legal provisions that occur after publication. Similarly, the website cannot be held responsible for the use and interpretation of the information contained on this site.

12.2. Responsibility of Users, Advertisers, Sellers and Buyers

 
The Users undertake to respect the entirety (i) the current applicable legislative and regulatory provisions., (ii) the Terms and Conditions Sorry, but I need more context or the actual text in order to provide a translation. The Rules for Ranking, Referencing, and Dissemination of Ads when browsing the Platform and/or using the Green Musicians Services.
 
In this regard, Users are fully responsible for:
 
  • Articles they offer for sale through the Advertisement.
  • Advertisements they post on the Platform as publishers,
  • Comments they make and exchanges that have taken place on the secure messaging service.
  • Rights and obligations under the sales contract concluded with a Buyer, if applicable, and disputes that may arise from it.
 
In this regard, Users specifically prohibit themselves from (i) "J'ai acheté des fruits et des légumes frais au marché ce matin." to contravene the current applicable legislative and regulatory provisions, in any capacity and in any manner whatsoever., (ii) to infringe upon the rights of third parties, especially intellectual property rights., Sorry, but I need more context or the actual text in order to provide a translation. communicating inaccurate information, (iv) to offer for sale an unavailable item, I'm sorry, but you haven't provided any text to translate. Could you please provide the text you want to be translated from French to English? to disclose confidential information, I'm sorry, but you did not provide any text to be translated. Can you please provide the text you would like to have translated? communicate personal data of third parties or violate the right to privacy, and/or (vii) to hold any statement contrary to public order, good morals, or likely to disturb or shock Users.
 
Furthermore, it is reminded that the Seller and the Buyer are and remain solely responsible for their respective obligations under the contract concluded between them, to which Green Musicians is not a party.
 

13. Account suspension / deletion

13.1. By Users

The User is free to delete their account at any time, especially if they do not accept substantial changes to the Terms and Conditions, subject to ongoing transactions carried out through Green Musicians Services.
 
The User acknowledges that unsubscribing from the Platform results in the inability to use the Green Musicians Services for which an account is required, as well as the deletion of all their data and content uploaded to the Platform, which they can recover if they wish, except for data that must be kept due to a legal obligation or for evidentiary purposes.
 

13.2. By Green Musicians

 
Without prejudice to its other rights and remedies, Green Musicians reserves the right to restrict, suspend or delete a User's account (termination by Green Musicians of all Green Musicians Services provided to the User) in the event of a User's violation of any of its obligations under the T&C and/or the Rules for Listing, Ranking and Broadcasting of Listings, including:
 
  • After sending a formal notice by email with a request for confirmation of receipt, which remained ineffective for EIGHT (8) calendar days after its reception in the context of a restriction or suspension procedure, and THIRTY (30) calendar days after its reception in the context of an account deletion procedure, regarding the obligations provided for in articles 6.1, 8, 9 and/or 16.
  • Immediately upon simple notification sent by email with a request for confirmation of receipt when:
    • (i) "J'ai acheté des fruits et des légumes frais au marché ce matin." The User does not comply with the obligations provided for in articles 2.2, 4.1, 5, 7 and/or 12.2 ;
    • (ii) This results from legal obligations applicable to Green Musicians that do not allow them to comply with this notice period. ;
    • Sorry, but I need more context or the actual text in order to provide a translation. The right to delete the account exercised by Green Musicians results from an imperative reason provided for by the national law applicable in accordance with European Union law. ;
    • (iv) The user has repeatedly violated the Terms of Use and/or the Rules for ranking, indexing, and broadcasting Ads.
 
In cases where the notice period is not applicable (decision with immediate effect), Green Musicians will promptly send the User by email the reasons for this decision.
 
Any decision to restrict, suspend, or delete a user's account will include a reference to the specific facts or circumstances justifying this decision, including reports from third parties as well as the reason for the Terms of Use and/or the Rules for the Classification, Ranking, and Distribution of Listings. The user in question, if they decide to contest the decision to restrict, suspend, or delete their account, may use the internal complaint handling process detailed in Article 14.1 below, and will, in any case, be reinstated within a reasonable period if it appears that the decision to restrict, suspend, or delete their account was not justified.
 

14. Dispute resolution - Consumer mediation

14.1. Dispute resolution procedures

 
Green Musicians provides Users with a free assistance service that can be contacted:
 
  • in case of difficulties when using Green Musicians Services ,
  • in case of a complaint regarding the Ads / their moderation,
  • in case of a complaint against another User.

The Green Musicians support service can be reached at the following contact information:

  • Letter: Green Musicians - Customer Service, 13 Bis Boulevard Babin Chevaye 44200 Nantes
  • Email: [email protected]
 
In the event of a complaint against another User, Green Musicians, with regard to an obligation of means, will attempt to resolve the difficulties encountered or take necessary actions against the other User, to the extent that they are justified.
 
HOWEVER, THE USER IS REMINDED THAT GREEN MUSICIANS IS NOT RESPONSIBLE FOR ANY BREACH OF CONTRACTUAL OR PROFESSIONAL OBLIGATIONS BY A USER, WHETHER AS A BUYER OR SELLER.
 

14.2. Consumer mediation

 
Users have the right to free access to a mediation service.
 
  • either by completing the form provided for this purpose on the CM2C (Confederation of Consumer Mediation and Justice Conciliators) website: https://www.cm2c.net ; ;
  • either by mail to: CM2C, 49 Rue de Ponthieu 75008 PARIS.
 
The parties are free to accept or refuse the use of mediation, and in the event of using mediation, to accept or refuse the solution proposed by the mediator.
 
The Platform user can also submit any potential complaints on the online dispute resolution platform provided by the European Commission at the following address:
 
The European Commission will transfer the Buyer's claim to the competent national mediators.
 

15. Intellectual property

It is reminded, as necessary, that Green Musicians is the holder or beneficiary of a license for the exploitation of all Green Musicians' intellectual property rights on the elements of the Platform and/or Green Musicians' Services.
The User cannot claim any rights over the Green Musicians' Intellectual Property Rights, which they expressly acknowledge and accept. As a result, the User:
 
  • prohibits itself, notably, from reproducing, adapting, modifying, transforming, translating, publishing, and communicating in any way, directly and/or indirectly, the Intellectual Property Rights of Green Musicians. ,
  • agrees not to do anything that could infringe upon the intellectual property rights of Green Musicians and to promptly inform Green Musicians of any infringement of their intellectual property rights that it becomes aware of.
 
Furthermore, Green Musicians and Users are and remain, each individually, the sole holders of their respective intellectual property rights.
 
In particular, it is specified that the delivery and/or provision of any element and/or document, including distinctive signs and the customer file, by Green Musicians or Users to the other party does not in any way imply the transfer of any intellectual property rights to the benefit of the other party. In this regard, for the sole purpose of performing the Green Musicians Services and for the duration of such performance, Users grant Green Musicians a personal right to use said elements and/or documents.
 

16. Protection of personal data

Green Musicians is committed to complying with the current legal and regulatory provisions applicable to the protection of personal data concerning the User, and in particular to implementing the Green Musicians privacy policy accessible at the following link:
 
 
 
In this regard, Green Musicians specifies that the purpose of the processing is to provide the Green Musicians Services for the duration of use, as well as for the prescription periods and legal retention obligations.
 
Green Musicians is committed to taking measures to ensure the confidentiality, integrity, and security of the collected data, which will not, under any circumstances, be transferred to any third party that does not provide the same guarantees.
 
Green Musicians reminds the User that they have the right to access, rectify, transfer, delete and erase their personal data, as well as to limit the processing and object for legitimate reasons, and at any time in the context of prospecting, as well as the right to define post-mortem instructions, which can be exercised at the following addresses:
 
Green Musicians - Complaints department, 13 Bis Boulevard Babin Chevaye 44200 Nantes and/or [email protected], as well as the right to file a complaint with the competent personal data protection authority (in France, the CNIL).
 

17. Right to image

In accordance with provisions concerning the right to one's image, you accept that recordings in which you appear may be used, exploited, and broadcasted by Green Musicians as part of its activities for its various audiences, notably on social networks, live streaming systems, video conferences, video streaming platforms allowing replay, as well as in any form and on any known or unknown media, worldwide, for a duration of 10 years, either in full or as excerpts.
Green Musicians expressly prohibits any use of recordings that may infringe upon your privacy or reputation, dignity, or personal integrity.
 
You guarantee that you are not bound by any agreement with a third party, of any nature whatsoever, that aims to limit or prevent the implementation of this authorization.
This authorization to use your image rights is granted free of charge.
 

18. General clauses

18.1. Entirety of the Agreement - Non-Waiver - Autonomy of Clauses

The terms and conditions fully supersede any previous agreements that may have existed between Green Musicians and the User. The failure of Green Musicians or the User to assert a right or take action shall in no way be considered a waiver of that right or action.
 
In the event that any provision of the Terms and Conditions becomes void, is declared void, prohibited, impossible or ineffective, the validity of the other provisions of the Terms and Conditions would not be affected.
 

18.2. Probative force of electronic writings

Electronic communications between Green Musicians and the User have evidentiary value. Therefore, it is expressly agreed that, unless there is an obvious mistake or contrary evidence, the data stored by Green Musicians in its information system shall have evidentiary value between the parties in the event of a dispute.
 

18.3. Applicable law - Language of the contract - Domicile

The terms and conditions are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be valid in case of dispute.
This choice of applicable law applies only to the extent that it does not deprive the consumer of the mandatory consumer protection provisions applicable in the European Union member state in which he/she has his/her habitual residence at the time of accepting the Terms and Conditions.
The parties shall elect domicile at the address indicated on their account, if applicable for the User, and at the address of its registered office for Green Musicians.
 

19. Specific clauses for downloadable products

19.1. Currency

All payments are made in euros (when they are based in Europe) and in US dollars (when they are based in the United States and the rest of the world).
 
The prices displayed in Japanese yen are only an approximation and the actual exchange rates applied by banks at the time of purchase may vary.
 

19.2. - No right of withdrawal

In accordance with the current legal provisions regarding the supply of digital content services, you expressly agree that the provision of the software(s) for download begins upon validation of your order, i.e. before the end of the 14-day period, and you expressly waive your right of withdrawal. No request for withdrawal, cancellation or refund will be accepted for the subscribed period.
The acceptance of immediate start of digital content supply and the express waiver of the right of withdrawal for such content is formalized when validating the digital content order.
As a result, purchases of digital content are firm and final. Therefore, they cannot be exchanged, refunded, or subject to the exercise of a right of withdrawal.
 

19.3. Termination of rights by Green Musicians

 
Green Musicians may at any time lose the right to distribute and sell the selected products. If such a case occurs, you will no longer be able to access and download these products from your account, and they will no longer be listed in the Green Musicians catalog.
 

19.4. Sales limitations

 
The online store Green Musicians sells products exclusively to end users. Music merchants, distributors, wholesalers, and any other businesses purchasing products from the Green Musicians online store with the intention of reselling them may be denied access and sales of the products. Green Musicians may discontinue its offers on free products at any time and without prior notice.
 
Promo codes cannot be used on sale items.
 

19.5. Intellectual property rights

 
Unless otherwise stated, we or our licensors own the intellectual property rights to the website and the material on the website. Subject to the license below, all our intellectual property rights are reserved.
 

19.6. Website Usage License

 
You may display or download selected products for demonstration/testing purposes or for caching purposes only, and print pages from the website provided that:
 
  • You must not republish the material from this website (including republication on another website), nor reproduce or store the material from this website in a public or private electronic retrieval system. ;
  • You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or the materials on our website for commercial purposes, without our express written consent. ;
  • you must not edit or otherwise modify any material on the website

The website greenmusicians.com contains information, advice, texts, and other elements that are provided for your convenience and enjoyment. You should be aware that the information may contain errors, omissions, inaccuracies, or outdated information. greenmusicians.com makes no representation or warranty as to the completeness, accuracy, suitability, timeliness or reliability of any information and shall not be liable for the absence of the foregoing. The descriptions or references of products on this site do not imply endorsement of such product.

 

19.7. Limitations of liability

 
To the extent permitted by applicable law, Green Musicians disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. greenmusicians.com will not be responsible for any damages of any kind resulting from the use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
 
L'intermédiaire de ce site ne créera aucune garantie qui n'est pas expressément stipulée dans les présentes conditions. Ce site peut contenir des liens vers d'autres sites web qui ne sont pas sous notre contrôle. Nous ne sommes pas responsables du contenu de ces sites et nous ne soutenons ni ne recommandons aucun produit ou service mentionné sur ces sites. Nous nous réservons le droit de modifier ou de supprimer tout contenu ou fonctionnalité de ce site à tout moment, sans préavis. En utilisant ce site, vous acceptez de nous indemniser et de nous dégager de toute responsabilité en cas de réclamation, dommage ou perte, y compris les frais juridiques raisonnables, découlant de votre utilisation de ce site ou de votre violation de ces conditions. Si une disposition de ces conditions est jugée invalide ou inapplicable par un tribunal compétent, les parties conviennent néanmoins que le tribunal devrait s'efforcer de donner effet aux intentions des parties telles qu'exprimées dans la disposition, et les autres dispositions de ces conditions resteront en vigueur et de plein effet. Ces conditions sont régies par le droit français et tout litige découlant de ces conditions sera soumis à la compétence exclusive des tribunaux français. greenmusicians.com or via or from greenmuscians.com No warranty will be created unless expressly stated in the terms.
 

19.8. The right to contest a transaction

 
Green Musicians reserves the right to challenge the legal validity of a transaction under sufficient circumstances. In such cases, the user will be contacted individually by Green Musicians staff to confirm their identity. Failure to verify a user's identity will result in the cancellation of the disputed order. A disputed order is open for validation for 30 days after the transaction.
 

19.9. Restricted access

 
Access to certain areas of our website is limited. We reserve the right to restrict access to certain areas of our website, or even the entire website, at our discretion. If we provide you with an ID and password to access restricted areas of our website or other content or services, you must ensure that this ID and password remain confidential. You accept responsibility for all activities that occur under your username or password.
 
We may disable your username and password at our sole discretion or if you violate any of the policies or terms governing your use of our website or any other contractual obligations you owe us.
 

19.10. Law and jurisdiction

 
This notice will be governed and interpreted in accordance with French law, and any dispute relating to this notice will be subject to the exclusive jurisdiction of the Nantes court.
 

19.11. Brand names at Green Musicians

 
All references to brands on this site/page, including references to brands and instruments, are provided for descriptive purposes only. For example, references to instrument brands are provided to describe the sound of the instrument and/or the instrument used in the sample. Green Musicians has no association with, or endorsement by, these brands. Any added value attached to these brands belongs to the brand owner. Green Musicians or its Suppliers disclaim any responsibility for the content of the sample or the accuracy of the description.
 
 

19.12. Renting to become a homeowner

 
If you choose to purchase a product through a Lease with Option to Purchase payment plan, you will be buying a monthly license for the duration of the plan. At the end of the Lease with Option to Purchase plan, if all the scheduled payments have been made without any refunds, returns, or payment issues, your monthly license will be converted into a perpetual license once your final payment is processed.
 
If you cancel or suspend your Lease with Option to Purchase payment plan, you will lose your monthly license for the product in question, and your access to the product will be suspended until you restart your Lease with Option to Purchase payment plan. You will not receive a perpetual license for the product in question until you have made the final payment required to complete your plan.
 
If you have purchased a product with a Lease with Option to Purchase payment plan, Green Musicians will process a recurring payment every month for the duration of your plan, or until you cancel or suspend the Lease with Option to Purchase payment plan. Outside of any free trial, a payment will be required every 30 days to continue using the product. The status of your subscription will be checked at least once every 3 days to confirm that your Lease with Option to Purchase payment plan is still active.
 
By purchasing a license for a product on a Lease with Option to Purchase payment plan, you agree that Green Musicians will invoice your payment method every month for the price of one installment until the total price of the product is paid, unless you cancel or suspend your lease.
 
You authorize Green Musicians to charge the payment method registered with our recurring payment provider to pay all installments. We will debit your payment method for the deposit each month on the date corresponding to the day you started the Lease with Option to Purchase payment plan. If such a date does not exist in a given month, billing will be done on the last day of that month.
 

ANNEX – Right of withdrawal (excluding downloadable products)

 
Right of withdrawal and legal warranty of conformity applicable between professional Sellers and Buyers who have consumer status.
- IMPORTANT -
 

1 - Right of withdrawal and effects of withdrawal

 
The withdrawal terms below apply in the absence of any contrary stipulation, in accordance with the applicable legal and regulatory provisions, and as agreed between the professional Seller and the consumer.
 
 
Right of withdrawal
 
If, as a Buyer, you have the status of a consumer, you have the right to withdraw from the contract concluded with a professional Seller without giving any reason within a period of FOURTEEN (14) days. The withdrawal period expires FOURTEEN (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or the last goods in the case of separate delivery of a single order.
 
To exercise your right of withdrawal, you must notify the professional Seller of your decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post, fax, or email) to the address of the professional Seller that they have communicated, or by email to the address they have provided. You can use the withdrawal form template, but it is not mandatory. You can also submit the withdrawal form or any other unambiguous statement via the website. If you choose this option, the professional Seller must send you an acknowledgment of receipt of the withdrawal without delay in a durable medium (for example, by email).
 
In order for the withdrawal period to be respected, it is sufficient for you to transmit your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
 
Effects of withdrawal
 
In the event of your retraction from the contract concluded with a professional Seller, the professional Seller must reimburse you for all payments received from you, excluding delivery costs, without undue delay and, in any case, no later than FOURTEEN (14) days from the day the professional Seller is informed of your decision to retract the Contract. The professional Seller must make the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to a different method; in any case, this refund will not incur any costs for you. The professional Seller may defer the refund until they have received the goods.
You must return or return the item without undue delay and, in any case, no later than FOURTEEN (14) days after you have notified the Professional Seller of your decision to withdraw from the contract concluded with them. This deadline is considered met if you return the item before the expiration of the FOURTEEN (14) day period.
 
You will have to bear the direct costs of returning the item.
 
Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of said property.
 
2 - Information on the legal warranty of conformity and the legal warranty of hidden defects applicable between professional Sellers and Buyers who are consumers The legal warranty of conformity and the legal warranty of hidden defects are two important protections for consumers in their transactions with professional sellers. The legal warranty of conformity applies when the purchased product does not meet the specifications or characteristics described by the seller. In such cases, the buyer can request the repair or replacement of the product, or a refund. This warranty applies for a period of two years from the date of purchase. The legal warranty of hidden defects applies when the purchased product has hidden defects that make it unfit for its intended use, or that significantly reduce its value. The buyer has a period of two years from the date of discovery of the defect to take legal action. The buyer can request the cancellation of the sale, a price reduction, or the repair or replacement of the product. It is important to note that these warranties are mandatory and cannot be waived by the seller. In case of dispute, the buyer can take legal action to enforce their rights. These warranties apply to transactions between professional sellers and buyers who are consumers. In order to benefit from these protections, the buyer must be able to prove that they are a consumer and that the seller is a professional. It is recommended for consumers to keep all documentation related to the purchase, such as receipts, invoices, and correspondence with the seller, as they may be useful in case of a dispute. In conclusion, the legal warranty of conformity and the legal warranty of hidden defects are important protections for consumers in their transactions with professional sellers. These warranties ensure that consumers can have confidence in their purchases and have legal recourse if their rights are not respected.
 
The professional seller is responsible for the non-compliance of the goods under the conditions of Article L. 217-4 and subsequent articles of the Consumer Code, as well as for hidden defects of the sold item under the conditions provided for in Articles 1641 and subsequent articles of the Civil Code.
 
When acting under the legal warranty of conformity, the consumer:
 
  • You have a TWO (2) year period from the delivery of the Item to take action. ;
  • You can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. ;
  • There is no need to provide proof of the existence of the non-conformity of the Article for TWENTY-FOUR (24) months.
  • The legal warranty of conformity applies independently of any commercial warranty that may be granted.
 
The consumer may choose to enforce the warranty against hidden defects in the sold item as defined in Article 1641 of the Civil Code, and in this case, they may choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
 
Article L. 217-4 of the Consumer Code
The seller delivers a product that complies with the contract and is liable for any non-conformities that exist at the time of delivery. The seller is also liable for any non-conformities resulting from the packaging, assembly instructions, or installation when it was the seller's responsibility according to the contract or was carried out under their supervision.
 
Article L. 217-5 of the Consumer Code
 
The goods are in accordance with the contract.
 
1° If it is suitable for the usual expected use of a similar property, and, if applicable:
 
  • if it corresponds to the description given by the seller and possesses the qualities that were presented to the buyer in the form of a sample or model ;
  • if it has the qualities that a buyer can legitimately expect in relation to public statements made by the seller, the producer or their representative, especially in advertising or labeling ;
 
2° Or if it has the characteristics agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
 
Article L. 217-12 of the Consumer Code
 
The action resulting from non-conformity is subject to a TWO (2) year time limit starting from the delivery of the goods.
 
Article L. 217-16 of the Consumer Code
 
When the buyer requests the seller, during the course of the commercial warranty that was granted to him/her upon the purchase or repair of a movable property, for a covered repair under the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.
This period runs from the buyer's request for intervention or from the provision of the item for repair, if this provision takes place after the request for intervention.
 
Article 1641 of the Civil Code.
 
The seller is liable for hidden defects in the sold item 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 if they had known about them.
 
Article 1648, paragraph 1 of the Civil Code
 
The action resulting from hidden defects must be brought by the buyer within a period of TWO (2) years from the discovery of the defect.
 

Model of retraction form, applicable between Professional Sellers and Buyers who have consumer status.

 
If, as a Buyer, you have the status of a consumer, and you wish to withdraw from a contract concluded with a professional Seller under the conditions of the right of withdrawal of the Consumer Code, please complete and return this form to the professional Seller.
 
To: [nom du Vendeur professionnel], , [adresse de réclamation du Vendeur Professionnel]
 
Subject: Meeting Request Dear [Recipient's Name], I hope this email finds you well. I am writing to request a meeting with you to discuss [topic]. I believe it is important for us to meet and exchange ideas on [topic]. I have some insights and suggestions that I would like to share with you, and I am also interested in hearing your thoughts on the matter. Please let me know your availability so that we can schedule a meeting at a convenient date and time for both of us. I am open to meeting in person or via video conference, depending on your preference. I look forward to your positive response and the opportunity to discuss [topic] further. Thank you for your attention, and I hope to hear from you soon. Best regards, [Your Name] [adresse mail de contact réclamations le Vendeur professionnel]
 
I/we (*) hereby notify you of my/our (*) withdrawal from the Contract for the sale of the following item:
 
_________________ Ordered on _________________ (*) /received on _________________ (*) :
 
Name _________________
 
Address ___________________________________________________
 
Signature of the Client(s)
 
(only in case of notification of this form on paper)