Terms and conditions of sale
The French version of this document is the only binding one. Translations into other languages are provided for information purposes; in the event of any discrepancy in interpretation, the French version prevails.
These terms and conditions of sale are entered into between AHL Records, a French micro-enterprise trading under the artist name Smoke & Oud (hereinafter the “Seller”), and any person purchasing a musical work on this website (hereinafter the “Buyer”).
Article 1 — Purpose
These terms and conditions of sale (hereinafter the “Terms”) govern the sales of digital content offered on this website by the micro-enterprise AHL Records under the artist name Smoke & Oud. The products sold consist of downloadable digital audio files, high-definition digital posters and gift cards.
Article 2 — Products
The works offered are described and presented as accurately as possible. Artwork, audio excerpts and descriptions are provided for information only and have no contractual value. The formats delivered, the absence of any technical protection measure (no DRM), the number of downloads allowed and the validity period of the link are stated on each work's page, before the order is placed.
Article 3 — Prices
A minimum price is stated for each musical work. The Buyer is free to pay more than that minimum price; the difference is a voluntary contribution to the Seller. The amount actually paid at the time of the order is the final price accepted by the Buyer. Prices are expressed in euros (EUR). VAT not applicable, Article 293 B of the French General Tax Code.
Article 4 — Orders
The order is definitively concluded once payment is validated through the Stripe platform. Validating the order entails an obligation to pay. The Buyer declares having read these Terms before validating the order.
Article 5 — Payment
Payments are secured and processed by Stripe. The accepted means of payment are stated at the latest at the beginning of the ordering process. The Seller never has access to the Buyer's bank card details. The Buyer is solely responsible for the accuracy of the payment information provided. An invoice is issued for every order and sent to the Buyer by e-mail.
Article 6 — Delivery
The works purchased are made available in digital form, immediately after payment is validated. An e-mail containing the download link is sent to the address provided when ordering. The Buyer is solely responsible for the accuracy of their e-mail address. The link has a limited validity period and a limited number of retrievals, both announced on the work's page and repeated in the delivery e-mail; a new link can be requested free of charge, at the same address, from the resend page of the website.
Article 7 — Digital content and right of withdrawal
The musical works and digital posters sold on this website are digital content supplied without a tangible medium. Under Article L. 221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for such content where performance has begun before the end of the withdrawal period, provided three cumulative conditions are met: the Buyer gave prior express consent for performance to begin before that period expired, acknowledged the loss of the right of withdrawal, and the Seller sent confirmation thereof on a durable medium. The following box must be ticked at the time of payment, and the delivery e-mail confirms it:
I request immediate delivery of the digital content, before the end of the fourteen-day withdrawal period, and I acknowledge that from the moment it is made available I lose my legal right of withdrawal (Article L. 221-28, 13° of the French Consumer Code).
Article 8 — Legal guarantee of conformity and refunds
The absence of a right of withdrawal does not deprive the Buyer of any other remedy. The digital content sold benefits from the legal guarantee of conformity provided for in Articles L. 224-25-1 et seq. of the French Consumer Code: if the file delivered does not match what was announced, if it is corrupted, or if the download link does not work, the Buyer may obtain that it be brought into conformity free of charge and, failing that, a price reduction or the termination of the contract. Outside of that guarantee, and given the digital and downloadable nature of the works sold, no refund request can be accepted once the download link has been made available.
Article 9 — Liability
The Seller cannot be held liable for an error in the e-mail address provided by the Buyer, for a malfunction of the Buyer's computer equipment, or for improper use of the downloaded files. These exclusions do not apply to the Seller's obligations under the legal guarantee of conformity set out in Article 8.
Article 10 — Intellectual property and licence of use
All musical works, compositions, recordings, artwork, texts, logos and visuals present on the website are protected by intellectual property law. Unless stated otherwise, the rights are held by AHL Records. Purchasing a work grants only a personal, private and non-exclusive right to listen to and use it. The following are in particular prohibited without prior written authorisation: resale, distribution, public performance, making available on the internet, commercial use, synchronisation with audiovisual content and any revenue-generating use. Any unauthorised use may give rise to legal proceedings.
Article 11 — Governing law
These Terms are governed by French law. Where the Buyer is a consumer residing abroad, the mandatory consumer protection provisions of their country of residence remain applicable where the law so requires.
Article 12 — Disputes and consumer mediation
Before any legal action, the parties will endeavour to find an amicable solution. Any complaint must be sent in writing to the Seller at [email protected]. Under Articles L. 611-1 and R. 612-1 et seq. of the French Consumer Code, where a consumer has sent a written complaint to the professional and has obtained neither satisfaction nor a reply within two months, they may refer the complaint free of charge to the consumer ombudsman. The ombudsman must be contacted within a maximum of one year from the initial complaint.
For consumers residing in France, the ombudsman MCP MEDIATION can be contacted directly online at www.mcpmediation.org, or by post: Médiation de la Consommation et Patrimoine, 12 Square Desnouettes, 75015 Paris, France.
Article 13 — Digital accessibility
The Seller pays particular attention to the accessibility of its digital services and strives to make its website usable by as many people as possible, regardless of their physical, sensory or cognitive abilities. In a continuous improvement approach, the Seller endeavours, within its means, to follow recognised good practice in digital accessibility for the presentation of content, navigation, the purchase journey and access to the musical works offered. Anyone experiencing difficulty using or accessing the website may report the problem to [email protected]. The Seller will examine each request in good faith and will endeavour to implement a suitable solution where reasonably possible.