I - ORDERS
II - DELIVERIES AND DELIVERY
III - RATE AND FREE SHIPPING
IV - TERMS OF PAYMENT
V - RETENTION OF TITLE CLAUSE
VI - GUARANTEE
VII - CREDIT NOTES AND EXCHANGES
VIII - COMMERCIAL COMMITMENTS
IX - CANCELLATION
X - INTELLECTUAL PROPERTY RIGHTS
XI - JURISDICTION
XII - AUTONOMY OF CONTRACTUAL STIPULATIONS
I - ORDERS
All orders placed with S.A.R.L. MEGA SOUND CONCEPT bind the purchaser ipso jure and without reservation, and imply express acceptance of the present general conditions of sale and the current price list. They exclude the purchaser's general conditions of purchase and sale.
The delivery of goods is subject to completion of the formalities relating to the opening of an account with S.A.R.L. MEGA SOUND CONCEPT and implies, without restriction, acceptance of the reservation of title clauses indicated in paragraph 5.
II - DELIVERIES AND DELIVERY
Delivery times are given for information only. Late delivery shall not give rise to the payment of damages or penalties for late delivery. Under no circumstances may late delivery lead to cancellation of the order without prior agreement from S.A.R.L. MEGA SOUND CONCEPT.
Force majeure suspends the performance of our obligations, without prejudice in this case for S.A.R.L. MEGA SOUND CONCEPT to opt for the pure and simple resolution of the contract, without damages, with restitution of any advance payments received. All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties are considered to be fortuitous events or force majeure. Any attempt by the customer to subject or attempt to subject S.A.R.L. MEGA SOUND CONCEPT to penalties for late delivery, when this is due to force majeure, will be considered an abusive commercial practice (C. com., art. L.442-6, I, 13°).
In the event of damage or shortages, it is the responsibility of the consignee to make all necessary reservations (on unpacking and in the presence of the delivery person) with the carriers, who are solely responsible, and to exercise all remedies within the legal time limits.
Except in the case of hidden defects, no complaint will be accepted unless it is made by registered letter with acknowledgement of receipt within 48 hours of receipt of the goods.
In the absence of a specific agreement with the customer, S.A.R.L. MEGA SOUND CONCEPT does not handle back orders.
III - PRICE AND SHIPPING COST
Our prices are quoted in euros from our Avrainville and/or Palaiseau warehouse.
FRANCO is granted for minimum orders of :
150€ HT per shipment for France and 600€ HT for Benelux for our own brands: Elokance, Evolite, Boomtone dj, Plugger, Plugger Case, MAC MAH and exclusive distribution brands: Mipro, Krk, Motu, Apex, Art, FBT, FBT Touring, FBT Install, Phonic, HPA, Laserworld, Pangolin, B&C Speakers, Fane, Evermix, Technics, Electro-Voice & Dynacord.
500€ Euros ex VAT per shipment for Metropolitan France and 800€ ex VAT for Benelux for Brands outside Distribution.
Other export sales (including DOM-TOM) are invoiced under Ex-Works conditions. The transfer of ownership of the goods to the customer takes place when the goods leave S.A.R.L. MEGA SOUND CONCEPT's loading dock. The customer is responsible for postage, customs duties and any other related costs.
Lump sums will be invoiced per shipment for orders below carriage paid, i.e. :
14.90€ HT for a GLS parcel (less than 30kgs / non-standard products)
16.90€ HT for a Chronopost parcel (less than 30kgs / non-standard products)
25€ HT for a Schenker shipment (over 30kgs or non-standard products)
Special conditions: Drop Shipping (direct delivery to your customers)
The fixed amounts invoiced are :
14.90€ HT for a GLS parcel
16.90€ HT for a Chronopost parcel
25€ HT for a Schenker shipment (non-standard products)
No free shipping is applicable for Drop Shipping deliveries.
Our price list is not contractual and may be modified at any time without notice depending on the mobility of the elements that make up the price. Variations in currency exchange rates and transport costs (land, sea or air) may result in an immediate price change without prior notice. Only the price in force at the time of delivery applies.
The customer must comply with all applicable laws. The customer represents and warrants that it has not, and shall not, offer, provide, solicit, authorize or accept, directly or indirectly, anything of value to influence or reward any action or decision for the purpose of obtaining or retaining business by bribery or securing an undue advantage, in accordance with the requirements of any applicable anti-bribery law. The customer must immediately notify S.A.R.L. MEGA SOUND CONCEPT of any conflict of interest that may arise in connection with a sales contract. S.A.R.L. MEGA SOUND CONCEPT reserves the right to immediately terminate any sales contract in the event of a breach of this clause.
IV - TERMS OF PAYMENT
Our goods are invoiced on the date of dispatch or collection by the carrier or the customer. Unless otherwise agreed and formalized at the time of order, invoices are payable to the seller's address in cash, without discount. The payment period may be extended to 30 days net by bank transfer or LCR (in the event of refusal of LCR, the customer will be invoiced a flat-rate amount of €34 excluding taxes), subject to acceptance of the file by the credit insurance company and by the management of S.A.R.L. MEGA SOUND CONCEPT. All first orders following the opening of an account will be payable in cash before dispatch (bank cheques not accepted) for a minimum amount of €1500 excluding taxes.
S.A.R.L. MEGA SOUND CONCEPT reserves the right to transfer all or part of its receivables to a factoring company.
Any invoice not paid on the due date will automatically, without notice or formal notice and in accordance with the legislation in force on January 1st 2013, article L.441-6 of the French Commercial Code, incur an indemnity calculated on the basis of three times the legal rate in force, as well as a fixed indemnity for collection costs of 40 Euros. We reserve the right to suspend deliveries until all outstanding invoices have been paid in full.
Failure to pay an invoice by the due date renders all sums due immediately payable, regardless of any payment facilities previously granted by S.A.R.L. MEGA SOUND CONCEPT to the purchaser.
Should the purchaser's credit deteriorate, we reserve the right, even after partial shipment of an order, to demand from the purchaser the guarantees we deem necessary for the proper execution of the commitments made. Refusal to do so gives us the right to cancel all or part of the contract. Any reminder procedure initiated by S.A.R.L. MEGA SOUND CONCEPT to obtain payment of sums due will be invoiced at 20 Euros to the debtor customer. This sum will automatically be added to the debt. The purchaser will receive invoices in electronic format, with the possibility of opting for paper format if desired.
V - RETENTION OF TITLE CLAUSE
Delivered goods remain the exclusive property of S.A.R.L. MEGA SOUND CONCEPT until full payment has been received, plus any interest and costs. However, risks are borne by the purchaser from the time of delivery. Eight days after formal notice to pay has been sent by registered letter and has remained without effect, the goods must be returned to us immediately, at the expense and risk of the customer, who is obliged to do so, at our request. Advance payments may be retained to cover any losses on resale. For the purposes of this clause, the delivery of a document creating an obligation to pay does not constitute delivery.
VI - GUARANTEE
The products marketed by S.A.R.L. MEGA SOUND CONCEPT are guaranteed for a period of 3 years (with the exception of lamps, batteries, crossfader, potentiometers, cords, tweeter, loudspeakers, guitar strings, drum heads, aerosol amplifier lamps, consumables and fader wear parts) from the date of sale of the equipment to the end consumer and to the exclusion of all handling errors, incorrect installations, modifications and/or deterioration due to one or more external causes.
For our brands :
KRK, Motu, Apex, Art, FBT, FBT Touring, FBT Install, ELOKANCE, Mipro, Phonic, HPA, MacMah, Evolite, Laserworld, Pangolin, Plugger and Plugger Case, B&C Speakers, DIVARTE, BoomToneDJ, Plugger Studio, Electro-Voice & Dynacord
The above 3-year warranty clauses do not apply to export sales, as after-sales service remains the responsibility of the export customer, who, as a distributor, must have its own repair service. However, S.A.R.L. MEGA SOUND CONCEPT will supply spare parts free of charge for the repair of products for a period of 2 years. Should these spare parts not be available, a specific agreement must be reached with the Export customer on a case-by-case basis.
For brands not covered by the MSC Distribution catalog, the manufacturer's warranty applies.
S.A.R.L. MEGA SOUND CONCEPT's RMA (Return Merchandise Authorization) procedure is set out in a specific document sent to each customer when the account is opened. This document is available on request and may be amended according to specific agreements that may be made with the customer.
The return of defective equipment must be accompanied, for each product, by a document stating the nature of the fault, together with a copy of the sales invoice to the end customer. S.A.R.L. MEGA SOUND CONCEPT reserves the right to repair, exchange or issue a credit note.
Shipping costs for defective goods will be borne by the customer, and return shipping costs will be borne by S.A.R.L. MEGA SOUND CONCEPT.
The warranty covers all failures, except for the following exclusions:
It does not cover failures due to impacts, shocks, falls, liquid infiltration on electrical parts, commissioning errors or incorrect handling by the user, use contrary to the instructions in the manual, transport or shipping conditions, use of accessories and/or spare parts not distributed by S.A.R.L. MEGA SOUND CONCEPT, lack of maintenance, presence of foreign bodies.
It also does not cover the replacement of wearing parts or consumables.
The warranty does not apply if the failure or breakage is not attributable to a manufacturing or design defect.
The warranty does not apply to a device that has been disassembled, even partially.
A.R.L. MEGA SOUND CONCEPT declines all responsibility for any damage, direct or indirect, resulting from failure to comply with the conditions of use as described in the operating instructions, and more particularly with the advice on use, installation and maintenance of the device.
A.R.L. MEGA SOUND CONCEPT also declines all responsibility for any damage, direct or indirect, resulting from an external cause, such as a power surge caused by a storm or work on the electrical network.
VII - CREDIT NOTES AND EXCHANGES
No goods may be returned without our written consent. A return authorization must be requested (RMA procedure, see paragraph VI) and enclosed with the shipment, along with a copy of the end customer's purchase invoice. In the case of returns for credit on the part of the customer, a deduction of 10% to cover processing costs may be applied. Goods must be new and in perfect condition for resale. Products which have been unsealed by the customer after delivery and/or which cannot be returned for reasons of hygiene or health - in-ear headphones, diamonds and cells for vinyl turntables, etc. - will be repaired. Otherwise, a minimum discount of 25% of the price will be applied. We will not accept "DDP" shipments to our company.
VIII - COMMERCIAL COMMITMENTS
All commitments from the sales departments and staff of S.A.R.L. MEGA SOUND CONCEPT to grant discounts, rebates, rebates, commercial cooperation, marketing budgets and payment terms exceeding those indicated in paragraph IV will only be granted after validation by a legal representative of S.A.R.L. MEGA SOUND CONCEPT or by an authority having an Ad Hoc delegation of power.
IX - TERMINATION
S.A.R.L. MEGA SOUND CONCEPT reserves the right to stop supply and/or terminate any current contract in the event of non-payment of an invoice or in the event of a change in the buyer's situation such as death, incapacity, dissolution, precarious solvency, bankruptcy and others.
X - INTELLECTUAL PROPERTY RIGHTS
All intellectual rights associated with products delivered by S.A.R.L. MEGA SOUND CONCEPT (own and distribution brands, copyrights, copyrights, patents, designs, models, etc. - the "Intellectual Rights") are held by S.A.R.L. MEGA SOUND CONCEPT as owner and/or licensee, and are protected by the provisions of the French Intellectual Property Code. Outside France, these elements are protected by copyright in all signatory states of the Berne Convention. The sale of products by S.A.R.L. MEGA SOUND CONCEPT does not imply any transfer, license, right of use, etc. of any intellectual property rights.
No alteration, reproduction, or use of the Intellectual Rights (including the use of Intellectual Rights for advertising or promotional purposes) is permitted without the prior written consent of S.A.R.L. MEGA SOUND CONCEPT Therefore, any coupon, promotion or advertising project of any kind (including by electronic means or through an internet site) must be submitted to the prior written approval of S.A.R.L. MEGA SOUND CONCEPT.
Any use not expressly authorized constitutes an infringement of copyright and counterfeiting pursuant to articles L 335-2 et seq. of the French Intellectual Property Code. It may also constitute an act of unfair competition under article 1382 of the French Civil Code and a violation of image rights and/or personality rights under article 9 of the same code. S.A.R.L. MEGA SOUND CONCEPT reserves the right to take legal action for civil and/or criminal liability against any person who fails to comply with this prohibition.
S.A.R.L. MEGA SOUND CONCEPT also reserves the right, upon written request, to require the customer to cease, without delay, any unauthorized use of the Intellectual Rights by the customer.
The customer indemnifies S.A.R.L. MEGA SOUND CONCEPT against all claims, damages, expenses or costs claimed by a third party and caused directly or indirectly by the unauthorized use of the Intellectual Rights by the customer.
The customer is obliged to notify S.A.R.L. MEGA SOUND CONCEPT immediately of any potential infringement of Intellectual Rights by third parties and of any action by a third party against the customer in which it is claimed that the Intellectual Rights infringe the Intellectual Rights of that third party. In both of these circumstances, the customer will only act, defend or settle after prior consultation and with the agreement of S.A.R.L. MEGA SOUND CONCEPT, which will have the right (but not the obligation) to take control of the dispute concerned.
XI - JURISDICTION
All contracts are governed by French law. The place and/or country of delivery and the method of payment do not derogate from this formal attribution of jurisdiction.
XII - AUTONOMY OF CONTRACTUAL STIPULATIONS
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope.
MEGA SOUND CONCEPT
Limited liability company with capital of 250,000.00 euros
Headquartered at 7, avenue du 1er mai - 91120 Palaiseau - France
Registered with the Evry Trade and Companies Registry under number 414 841 502.
Trade name: MSC-Distribution.com.
VAT N°: FR65414841502
Updadated on 14/02/2024
par Vincent
