Terms and Conditions

General Terms and Conditions

 

L-Acoustics eStore

 

Last updated on November 21^st, 2022

This website (https://estore.l-acoustics.com) is operated by L-Acoustics, a Société par Actions Simplifiée, organised under the laws of France, registered in the Trade and Companies Registry of Evry under number 330 596 800 whose registered office is at 13; rue Levacher Cintrat, Parc de la Fontaine de Jouvence, 91462 Marcoussis Cedex, FRANCE.

This website depicts various goods related to the audio industry, including but not limited to loudspeakers, sound systems, wearable sound products, merchandise products and software. Otherwise expressly stipulated in separate Terms and Conditions they are subject to the following General Terms and Conditions.

Whether you are a professional, i.e. acting for trade, business, craft or profession, please visit www.l-acoustics.com.You’ll find coordinates to L-Acoustics’ Certified Providers which can provide you all products and technical support and other information you could require, next to your location.

Please carefully read the following articles. By placing an order on this website, you shall accept and be bound by these Terms and Conditions.

WE HIGHLY SUGGEST THAT YOU ALSO DOWNLOAD THESE SOFTWARE TERMS AND CONDITIONS FOR DOCUMENTARY, FUTURE REFERENCE AND UNCHANGED REPRODUCTION PURPOSES

“Seller” means L-Acoustics, a French company, as stipulated above;

“Buyer” means either an individual or a consumerlegal entity having placed or considering placing an order according to the ordering process set out in Article 3;

“Consumer” means an individual acting for purposes which are wholly or mainly outside of that individual’s trade, business, craft or profession;

“Pre-order Products” means goods presented by the Seller on the Website and clearly identified as available for reservation by Buyer;

“Products” means goods presented by the Seller on the Website and clearly identified as available to purchase by Buyer;

“Professional” means either an individual or a legal entity acting for purposes which are part of that individual’s or entity’s trade, business, craft or profession;

“Order” means a firm offer for Products transmitted by Buyer to Seller through the Website.

“The Website” means https://estore.l-acoustics.com.

“The Parties” means Seller and Buyer. At singular, it designates either Seller or Buyer.

2.1 Seller’s Products are precisely described on the Website through dedicated pages. Buyer shall be responsible for ensuring that such description, including compatibility and interoperability, meets Buyer’s actual needs.

Should Buyer have any other questions about any Product which are not answered to on the Website, Buyer can contact Seller’s Customer Service (see Article 14).

2.2 Otherwise specifically indicated on the Website, all Products are deemed available to purchase by Buyer. Should an error or a Force majeure event occurs, preventing Seller to deliver the Product in a timely manner, Seller shall contact Buyer by e-mail.

2.3 It is hereby agreed by the Parties that Seller shall have the right to deliver a modified Product with regards to the Product actually ordered by Buyer to the extent such modifications are related to technical evolution, in accordance with Article R. 212-4 para. 4 of the French consumer code.

2.4 Since most of the Products are highly technical goods, Buyer commits to read carefully and follow the user’s manual provided by Seller.

2.5 Seller may, for all or part of the Products, restricts the maximum quantity of each Product reference that could be ordered by Buyer. Such limitation, where applicable, shall be indicated on the Website. Should Buyer require quantities exceeding said threshold, Buyer is invited to contact Seller’s Customer Service (art. 14).

3.1 Presentation and advertisement of the Products on the Website shall not be deemed a contractual offer from the Seller but a mere invitation to treat. No contract shall be legally binding between the Parties unless the ordering process, as stated below, is fully complied with.

3.2 Buyer shall have the possibility to add any Product to its virtual shopping basket, change quantities or delete Products from such virtual shopping basket. Only by clicking “Proceed to check out” shall Buyer enter the ordering process. This process is non-binding until the Order is placed.

3.3 During the ordering process, Buyer shall have to:

1. (i) create an account or connect to an existing account; (where applicable, using the unique identifier provided by Seller to all members of its certified distribution network); and,
2. (ii) check the references of the Products Buyer wants to order and their quantities; and,
3. (iii) choose a delivery option, if applicable, and fill out the form with its name and the required delivery address within any country listed in the drop-down box; and,
4. (iv) choose its payment methods and fill out the preferred invoice address; and,
5. (v) if applicable, indicate a voucher code; and
6. (vi) accept these terms and conditions by ticking a dedicated box; and,
7.  (vii) clicking the “Place Order Now” button and proceed to payment or down payment.

3.4 Until Buyer has clicked the “Place Order Now” button, corrections of input errors can be made by Buyer to any of the information required under Article 3.3.

4 Price and payment

5 Delivery

6 Risk and title

7 Warranty & Guarantee

7.2 The commercial warranty shall not apply to:

1. damage due to improper, incautious, incorrect or negligent use or installation of the ordered Products by Buyer, including but not limited to, damage caused by over amplification, connection to an incorrect voltage supply, accidental dropping, water ingress, incorrect set-up, exposure to excessive temperatures or humidity;
2. claims involving connected devices where the connected devices have not been agreed by Seller or have not been used in compliance with Seller’s specifications or where a damage is due to another cause;
3. damage due to wear and tear sustained during normal use;
4. castors and wheels attached to the Products;
5. damage or defect(s) arising because Seller’s instructions and safety procedures or user's manual as to the storage, installation, set-up, connection, commissioning, use, maintenance or repair of the Products have not been followed;
6. Products that have been subject to maintenance or repair with spare parts and/or by any persons not specifically authorized in writing by Seller;
7. Products that have at any time had parts or accessories which were not supplied, manufactured or authorized by Seller incorporated into or connected to them.

7.3 This commercial warranty shall apply to any country other than the ones in the following list: n/a.

All legal or commercial warranty/guarantee.

7.4 Claims must be sent by registered mail or through the Website’s online form to Seller’s Customer service (see Article 14) without delay following discovery of the damage or defect. The claim must fully state the nature of the damage or defect and serial numbers of the ordered Products concerned together with any other information that may be required or useful to process the warranty claim.

7.5 Subject to Seller’s prior written approval, any ordered Product relating to the warranty/guarantee claim should be returned to the place indicated by Seller at Seller’s cost in its original or other appropriate packaging to prevent any damage during shipment, together with a copy of the purchase invoice.

7.6 Buyer must carefully inspect the ordered Products on delivery for any damage, defect or shortage and must immediately give notice to the carrier (including on the transportation receipt or any other relevant shipping document) of any damage, defect or shortage found and confirm the same in writing to the carrier within three (3) days of the delivery date. Seller shall not be liable for any damage, defect or shortage affecting the ordered Products which Buyer may or should have discovered at the time of delivery.

7.7 Any repair for matters which are not warranted under these Terms and Conditions shall be subject to a specific written contract between Seller and Buyer (should the latter be a Consumer), as defined under articles L. 217-25 et seq. of the French consumer code.

7.8 Seller shall decide, at its own discretion, whether to replace, repair or reimburse Products subject of the warranty claim.

7.9 Additional rules – sales to Consumers.

7.9.1 In accordance with Article L. 217-28 of the French consumer code, the return of any Product for repair purposes which are actually warranted/guaranteed under these General Terms and Conditions shall extend the warranty period as set forth in Article 7.1 above by the effective duration of the related downtime.

7.9.2 Notwithstanding Article 7.8, Seller shall decide, at its own discretion, whether to replace, repair or reimburse Products subject of the warranty claim and covered by a commercial warranty up to two years.

7.9.3 Seller is responsible for any defect of conformity of the Products with regards to the contract, existing at the time of delivery, under the conditions of Article L. 217-3 et seq. together with Article L.224-25-12 et seq. of the French consumer code, as well as for any latent defect of the Products, under the conditions of Articles 1641 to 1649 of the French civil code.

 

Whether a defect of conformity is identified, Consumer shall be granted a two-year period from the Product delivery to get the legal guarantee of conformity implemented. Within such period, Consumer shall only have to prove the mere existence of said defect of conformity, but not the moment it actually appeared. Should the sales contract include the continuous provision of a digital item or service for a period exceeding two years, the legal guarantee shall also apply to said digital item or service for the entire period they are provided. Within such period, Consumer shall only have to prove the mere existence of a defect of conformity regarding the digital content or service, but not the moment it actually appeared. Professionals shall also provide under the legal guarantee of conformity, where applicable, any update that may have been grantedbe required so as to maintain conformity. The legal guarantee of conformity grants Consumers the right to have the Product repaired or replaced within thirty days following their request, at no cost and without significant inconvenience. Should the product be repaired under the legal guarantee of conformity, Consumer shall be granted an additional six-month legal guarantee. Whether Consumer requires the Product to be repaired, but Seller imposes its replacement, the legal guarantee of conformity shall be renewed for another two-year period starting from the product replacement. Consumer may also be granted a price reduction while keeping the product, or terminate the contract and be fully reimbursed against product return, whether: 1° Profesional refuses to repair or replace the Product; 2° Repair or replacement lasts more than thirty days; 3° Repair or replacement causes a significant inconvenience to Consumer, e.g. when Consumer bears retrieval or removal costs for the non-conforming product, or any installation costs related to the repaired or replaced product; 4° the defect of conformity remains despite Seller’s unsuccessful attempts to restore conformity. Consumer shall not be awarded with the cancelation of the contract should the defect of conformity be insignificant. Any existing guarantee shall be postponed until a conforming product is delivered, while the defective product is being repaired or replaced. The above-mentioned rights derive from art L.217-1 to L.217-32 of the French consumer code. Any Seller refusing, in bad faith, to comply with the legal guarantee of conformity shall be liable of a civil penalty up to 300 000 euros, which may be raised up to 10% of the average annual turnover (Art. L214-5 of the French Consumer code). Buyer can also claim the legal warranty for latent defects, pursuant to article 1641 to 1649 of the French Civil code, during a two-year period from the discovery of said defect. Under such warranty, Buyer may be granted a price reduction should Buyer decide to keep the product or full reimbursement should Buyer return it.

 

8.1 Should Buyer be a Consumer, Buyer has the right to withdraw from this contract within fourteen (14) days without giving any reason.

Such withdrawal period will expire after fourteen (14) days from the day on which Buyer acquires, or a third party other than the carrier and indicated by Buyer acquires, physical possession of the ordered Products.

8.2 To exercise the right of withdrawal, Buyer must inform Seller of his/her decision to withdraw from this contract by an unequivocal statement. If Buyer uses this option, Seller shall communicate to Buyer an acknowledgement of receipt of such a withdrawal on a durable medium – e.g. by email – without delay). Buyer may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for Buyer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

8.3 If Buyer withdraws from this contract, Seller shall reimburse to Buyer all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and, for Archipel Sound Systems Products, not later than fourteen (14) days from the day on which Seller is informed about Buyer’s decision to withdraw from the contract. Seller will carry out such reimbursement using the same means of payment as Buyer used for the initial transaction, unless Buyer have expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement.

For non Archipel Sound Systems Products, Seller may withhold reimbursement over those fourteen (14) days, until it has received the ordered Products back or Buyer has supplied evidence of having sent back such ordered products, whichever is the earliest.

8.4 Seller shall collect Archipel Sound Systems Products. For other Products, Buyer shall send back the ordered Products or hand them over to Seller, without undue delay and in any event not later than fourteen (14) days from the day on which Buyer communicate his/her withdrawal from the contract. Such deadline is met if Buyer sends back the ordered Products before the period of fourteen (14) days has expired.

8.5 Buyer will have to bear the direct cost of returning the ordered Products, even where Seller collects such Products. Buyer is aware that some of the products are heavy and may not travel by regular post; therefore, taking into their actual weight and size as well as Buyer’s location, the cost of returning the goods may exceed 8 000 € for largest Products.

8.6 Buyer shall be liable for any diminished value of the ordered Products resulting from the handling other than what is necessary to establish their nature, characteristics and functioning. Accordingly, said Products must be sent back to Seller in their original packaging, including all accessories and documents.

8.7 Model withdrawal form

“To L-Acoustics, Customer Service, 13, rue Levacher Cintrat, Parc de la Fontaine de Jouvence, 91462 Marcoussis Cedex, France, estore@l-acoustics.com:   

1. I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
2. Ordered on (*)/received on (*),
3. Name of Buyer(s),
4. Address of Buyer(s),
5. Signature of Buyer(s) (only if this form is notified on paper),
6. Reason for withdrawal (optional):
7. Date”

9.1 “Force majeure” means an event beyond one Party’s control which fully hinders performance of the contract.

For the purpose of this Article  the expression “force majeure” means, but shall not be limited to, acts of God, war, riots, invasion, insurrections or civil commotion, fire, flood, earthquake, weather, acts of the element, energy shortage, equipment breakdown, government priorities, allocations, regulations or restrictions, interference or restraint of public authority, (whether legal or not), explosion or accident, epidemic or quarantine restrictions, breakdown, sabotage, strikes or lock-outs.

9.2 After an Order has been issued and accepted by Seller, neither Party shall be held responsible for late performance or failure to perform obligations arising for them from the agreed contract in the event of Force majeure. However, the relevant Party must give prompt notice of such circumstance to the other Party, by registered email with acknowledgment of receipt.

Furthermore, so as to exclude any liability of the Party claiming a Force majeure circumstance, such notice has to respect the following cumulative conditions:

1. It must be received by the other Party within seven (7) working days from the occurrence of the event; and,
2. It identifies and proves the Force majeure and its occurrence; and,
3. It stipulates the obligations(s) which performance is prevented from by the Force majeure and proves such obstacle.

9.3 A Force majeure circumstance releases the notifying Party from performing its obligations under the Agreement, as well as the other Party from performing its corresponding obligations, until the cessation of such circumstance. Furthermore, either Party shall not be held responsible for non-performance or late performance of such obligations.

9.4 Once a Force majeure event has been notified, the Parties shall meet as soon as possible and discuss measures to be taken immediately or modifications to be made to the contract so as to assure its resumption without any imbalance between the Parties. The Parties may also jointly decide to terminate the contract.

10.1 Unless otherwise indicated on the Website, Seller shall not supply, directly or through its Certified Provider network, spare parts that are essential to the use of the Product for seven (7) years starting from the sale of said Product to Buyer.

10.2 According to applicable law, this information on the availability of spare parts shall also be mentioned in the Order.

11.1 Seller is committed to protecting Buyer’s privacy and Personal Data according to applicable laws, especially EU General Data Protection Regulation. By using or accessing the Website, contacting or engaging with Seller, Buyer agrees that Seller may process Buyer’s Personal Data in the manner described in L-Acoustics Group Privacy Policy (available at the following address: https://eStore.l-acoustics.com/content/3-data-privacy-cookie-policy). Buyer’s use of the Website and any information Buyer provides through it is subject at all times to this Group Privacy Policy and the applicable terms and conditions that apply to the Website.

11.2 By creating an account and/or placing an Order through the Website, Buyer hereby acknowledge that Seller may use Buyer’s Personal Data to deliver services to Buyer or carry out transactions Buyer has requested, including, but not limited to, providing information on Seller’s products or services Buyer has purchased or otherwise used, registering purchased products, processing product Orders, handling warranty claims, replacing product manuals, answering customer service requests and facilitating the use of the Website. The legal basis will thus be the performance of a contract.

11.3 If Buyer has any question regarding Seller’s Privacy Policy, Seller’s handling of Buyer’s Personal Data or would like to lodge a complaint, Buyer should contact Seller using the following email address: privacy@l-acoustics.com or through the Website’s contact form. Seller shall promptly address the concern and strive to reach a satisfactory resolution.

12.1 Seller does not provide any guarantee other than compliance of the Products with French law as well as European Union legislation and any other compliance guarantee expressly granted in writing by Seller.

12.2 Buyer is responsible for (a) identifying any legislation which is applicable to the Products in the country and area in which Buyer intends to use the Products or where Products will ultimately be received (“Applicable Laws”); and (b) determining whether Products are compliant with such Applicable Laws.

12.3 Some of the Products constitute Electrical and Electronic Equipment, as defined under EU Directive 2012/19 and French Environment Code. They are marked with the following logo: 

These Products cannot be disposed as unsorted municipal waste because of environmental and health issues relating to their internal components. Buyer commits, according to applicable legislation, to only dispose the Products in a Designated Collection Facilities (DCF) in order to be properly treated and recycled.

Seller being part of a Distributor Take-Back scheme in France, ECOLOGIC, Buyer can find detailed information and addresses of the closest available DCF on the following webpage: Find closest available DCF - https://www.ecologic-france.com/citoyens/ou-deposer-mes-dechets.html

13.1 In no event shall Seller be liable for indirect, consequential or incidental damages, whether arising under contract, warranty, tort, negligence, strict liability or otherwise. Such damages include, but are not limited to, loss of production, loss of profit, loss of use, loss of contracts, loss of image as well as any shortfall, loss of earnings or legal expenses.

13.2 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Seller shall not be liable for any damage, whether arising under contract, warranty, tort, negligence, strict liability or otherwise, resulting from:

1. (i) the use of any connected network (Internet, intranet, extranet) such as viruses, computer intrusion, loss of data, loss of connection;
2. (ii) the use of electric supply;
3. (iii) Buyer’s non-compliance with Seller’s technical instructions or safety procedures relating to the storage, installation, set-up, connection, commissioning, use, maintenance or repair of the Product, as explained in the relevant User’s Manual; or,
4. (iv) the use of connected devices with the Product where the connected devices have not been agreed by Seller or have not been used in compliance with Seller’s specifications or where a damage is due to another cause.

13.3 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Seller’s total liability towards Professional for any direct damage whether arising under contract, warranty, tort, negligence, strict liability or otherwise caused by the Products shall be limited to an amount no greater than the price of the relevant Products.

13.4 With respect to Article 13.3, any liability claim against Seller shall be brought before the relevant courts (cf. Article 18) by Buyer no later than twelve (12) months following the date from which the damage occurred or the date from which Buyer should have known such damage occurred.

14.1 Customer satisfaction is an essential part of Seller’s commercial commitments. Whether requiring further information or encountering any inconveniences, Buyer may contact Seller through the dedicated online form available on the Website’s main page or through Buyer’s personal account.

14.2 Should Buyer be a Consumer and do not obtain a satisfactory reply, Buyer can also contact

1. EU’s Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr; and/or,
2. a Consumer Ombudsman at the following address: ANM-CONSO (Association Nationale des Médiateurs), 2 rue de Colmar, 94300 VINCENNES, tel : 01 58 64 00 05 ; https://www.anm-conso.com/site/index.php.

 

These terms and conditions may be amended at any time by Seller and shall apply to any Order placed by Buyer after that date. Buyer is thus invited to check the applicable version of this document before placing any Order.

For the sake of clarity, it is reminded that each Order placed by Buyer shall be subject to the version of Seller’s terms and conditions in force at the day of said Order.

16.1 All Intellectual Property Rights (copyright, patents, database rights and rights in trademarks, designs, know-how, processes, trade secrets and confidential information whether registered or unregistered, and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world owned or licensed by Seller) and Technology (resulting from Seller’s research and development, tests and investment, whether or not classed as Intellectual Property Rights), relating to Seller’s products or the Website, shall remain Seller’s property.

16.2 Seller grants Buyer a non-exclusive license to use the Intellectual Property Rights and Technology relating to the Goods in so far as needed for its personal use of said Goods.

16.3 Buyer shall not use the Intellectual Property Rights in a way which would or may damage the Intellectual Property Rights or Seller’s brand image.

16.4 Buyer shall not divulge, reproduce, use and/or infringe Seller’s rights in the Technology, nor shall it permit any third party to do so.

16.5 The Parties agree that the present clause shall also apply to the names of Products or ranges of Products, whether or not registered as a trademark or otherwise classed as Intellectual Property Rights.

17.1 The failure of either Party to enforce the provisions of these Terms and Conditions at any time or the failure of one Party to require at any time the performance by the other Party of any of the provisions of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provisions nor in any way affect the entitlement of either Party to enforce each and every such provision.

17.2 Should any of the clauses of these Terms and Conditions be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.

17.3 These Terms and Conditions contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

18.1 Subject to any provisions that cannot be derogated from by agreement by virtue of the law of Buyer’s country of residence, these terms and conditions shall be governed by French law, excluding its conflict laws and the application of 1980 “United Nations Convention on Contracts for the International Sales of Goods”.

18.2 Each party agrees that any dispute, controversy or claim arising out of or in connection with the existence, validity, interpretation, execution or termination for any reason of these Terms and Conditions or the sales of Goods shall be brought to an amicable settlement between the Parties before any legal proceedings. Failing this, any eventual lawsuit shall be judged under the law and courts of Paris, France.

 

The following articles are a free translation of the relevant articles of either the French consumer code or the French civil code, reproduced for convenience only. Please refer to https://www.legifrance.gouv.fr,for the official texts with effective legal value.

1.  Article L. 217-3 of the French consumer code

Any seller shall supply goods in conformity with the contract and the criteria set by article L.217-5.

Seller shall be liable for any defect of conformity existing at the time of delivery as defined under article L.216-1, and which become apparent within two years after such date.

Regarding sales contract of goods including digital features:

1°) Should such contract includes the continuous provision of a digital item or service for a period up to two years, or should such contract does not refer to a specific duration, seller shall be liable for any defect of conformity related to said digital item or service which become apparent within two years after the product delivery.

2°) Should such contract includes the continuous provision of a digital item or service for a period over two years, seller shall be liable for any defect of conformity related to said digital item or service which become apparent over the period in which such digital item or service is provided under the contract.

For those product categories, the applicable time limit shall not prevent consumer from obtaining any updates according to article L. 217-19.

Seller shall also be liable, within identical time limits, for any defect of conformity resulting from the packaging, the assembly instructions, or the installation of the goods when such installation is part of seller’s contractual obligations or has been carried out under seller’s responsibility, or should an improper installation, carried out by the consumer according to the contract, originates from flaws or errors within the installation instructions as provided for by seller.

The starting point for the prescription period of any consumer action shall be the day said consumer becomes aware of the defect of conformity.

1. ·        Article L. 217-4 of the French consumer code

Any good is deemed in conformity with the contract whether it meets, where applicable, the following non-exhaustive criteria:

1°   It is fit for any specific purpose sought by consumer, which seller has been previously informed of before entering into the contract and has accepted;

2°   It is supplied with any and all accessory and installation instructions, as provided for in the contract;

3°   It is updated in accordance with the provisions of the contract.

1. ·        Article L. 217-7 of the French consumer code

Any defect of conformity which becomes apparent within twenty-four months as from the delivery of the good, including goods with digital features, is deemed to exist, unless proved otherwise, since the date of said delivery, except in the case where such presumption would be inconsistent with the type of good or the alleged defect.

Second-hand products shall be subject to a twelve months period only.

Should a sales contract regarding a good with digital features includes the continuous provision of a digital item or service, any defect of conformity appearing during the following periods are deemed to exist since the date of delivery of such good:

1°) Within two years as from the delivery of the goods, whether the contract includes such provision for a period up to two years, or should such contract does not refer to a specific duration;

2°) During the period in which such digital item or service is provided under the contract, where it includes such provision for a period over two years.

1. ·        Article L. 217-28 of the French consumer code

Should the consumer requests to the warrant, during the period of the legal or commercial warranty offered upon the purchase or repair of a good, a repair under the terms of any of those warranties, any period during which the goods will be out of use for repair shall postpone the applicable warranty until the repaired or replaced good has been delivered.

The period the goods are out of use for repair shall be calculated from the date on which the consumer submits its warranty claim or on which the product concerned is made available for repair or replacement to the seller, should the latter be more advantageous to consumer.

The warranty period shall also be postponed when consumer and the warrant begin negotiations for a friendly settlement.

1. ·        Article L224-25-12 of the French consumer code

Professionals shall supply digital items or services in conformity with the contract and the criteria set by article L. 224-25-14.

Should the contract include periodic provisions of digital items or services, or a series of independent provisions, professional shall be liable for any defect of conformity existing at the time of provision, and which become apparent within two years after such date.

Should the contract include a continuous provision of digital items or services, professional shall be liable for any defect of conformity which become apparent during the period in which such digital item or service is provided under the contract.

This applicable time limit shall not prevent customer from obtaining any updates according to article L. 224-25-25.

Professionals shall also be liable, within identical time limits, for any defect of conformity resulting from the improper integration of the digital item or service within consumer’s digital environment, when such integration has been carried out by the professional or under professional’s responsibility, or should such improper integration carried out by the consumer originates from flaws within the installation instructions as provided for by the professional.

The warranty period shall apply notwithstanding the provisions of article 2224 et seq. of the French civil code.

The starting point for the prescription period of any consumer action shall be the day said consumer becomes aware of the defect of conformity.

1. ·        Article 1641 of the French civil code

Seller shall warrant buyer against any latent defect in the sold good that may render it unfit for its intended use, or so limit such use that buyer would not have bought it, or at a lesser price, had said defect been known to buyer. 

1. ·        Article 1648 para. 1 of the French civil code

Any action based on redhibitory defects must be brought by the buyer within two years as from the discovery of such defect.

Last updated on November 21^st, 2022

Terms and Conditions - Software packages

September 19st, 2022

These terms and conditions (hereinafter referred to as “Software Terms and Conditions”) specifically apply to the licensing of Software Packages (as defined below) through this website (https://estore.l‑acoustics.com, operated by L-Acoustics, a Société par Actions Simplifiée, organised under the laws of France, registered in the Trade and Companies Registry of Evry under number 330 596 800 whose registered office is at 13, rue Levacher Cintrat, Parc de la Fontaine de Jouvence, 91462 Marcoussis Cedex, FRANCE) and consequently replace and supersede the L‑Acoustics eStore General Terms and Conditions for the only purpose of the ordering of Software Packages licenses and the execution of any related or ancillary services, such as depicted in this website.

Please carefully read the following articles. By placing an order on this website for Software, you shall accept and be bound by these Software Terms and Conditions.

WE HIGHLY SUGGEST THAT YOU ALSO DOWNLOAD THESE SOFTWARE TERMS AND CONDITIONS FOR DOCUMENTARY, FUTURE REFERENCE AND UNCHANGED REPRODUCTION PURPOSES

“Activation Key” means a sequence of characters (either letters or numbers) transmitted by Licensor to Licensee which is required to use the Software. Each Activation Key is unique and linked to a single Licensee. However, such Activation key may be used on one or several Machines, depending on the actual Software Package licenced to Licensee, by one or several Users.

“Consumer” means an individual acting for purposes which are wholly or mainly outside of that individual’s trade, business, craft or profession;

“Licensor” means L-Acoustics, a French company, as stipulated above;

“Licensee” means either a Consumer or a Professional having placed or considering placing an order according to the ordering process set out in Article 3.

“License” means a temporary, non-exclusive and limited assignment of intellectual property rights related to the Software, as defined under article 11 (Intellectual Property). A Licence is not a sale and Licensee shall not own the Software.

“Machine” means any computer (either a desktop, laptop or tablet one) which can be identified through a unique hardware identifier, automatically generated by the Software upon its first use on said Machine.

“Maintenance services” means periodic Software updates and bug fixes provided by Licensor as well as a dedicated Customer Service, which are part of the Software Package.

“Order” means a firm offer for a Software Licence transmitted by Licensee to Licensor through the Website.

“Professional” means an individual or legal entity acting for purposes which are part of that individual’s or entity’s trade, business, craft or profession;

“Software” means a computer program presented by Licensor on the Website and clearly identified as available to be licenced to the Licensee.

“Software Package” means both the Software licensed to Licensee by Licensor and a set of related Maintenance Services, which can be used by one or several Users, as stipulated in the Software Package description. Licensor may propose various Software Packages combination for a same Software.

“Subscription Period” means the duration of the Software License, as chosen by Licensee during the ordering process.

“The Website” means https://estore.l-acoustics.com.

“The Parties” means Licensee and Licensor. At singular, it designates either Licensor or Licensee.

“User” means a physical person entitled by Licensee to use the Software, in the name and on the behalf of Licensee.

2.1 Software Packages, and their current version, are precisely described on the Website through dedicated pages, including their intended use and the minimum Machine configuration required. Licensee shall be responsible for ensuring that such description meets Licensee’s actual needs and the Machine capacity.

Should Licensee have any other questions about any Software Package which are not answered to on the Website, Licensee is invited to contact Licensor’s Customer Service (see Article 9).

2.2 Each ordered exemplar of a Software Package version shall be identified by a unique Activation Key. Such Activation Key transmitted by Licensor to Licensee enables to use said Software Package on one or several Machines (depending on the actual Software Package ordered). Licensee shall thus be responsible for (i) ensuring that the ordered Software Package is sufficient with regards to the intended Users and/or Machine quantities and (ii) designating such Users.

2.3 Software Packages shall be licensed for a fixed period of time, clearly indicated in each Software Package description (the “Subscription Period”). Depending on the Software Package combination, Licensee may be able to choose a duration between several options.

2.4 Otherwise specifically indicated on the Website, all Software Packages are deemed available to be licensed to Licensee. Should an error or a Force majeure event occurs, preventing Licensor to deliver the Software Package in a timely manner, Licensor shall contact Licensee by e-mail.

2.5 Licensor may, at any time, add new combination of Software Packages on the Website. Such change shall have no impact on previously ordered Software Packages.

Furthermore, Licensor shall have the right to deliver a modified Software Package with regards to the product actually ordered by Licensee to the extent such modifications are related to technical evolution, in accordance with Article R. 212-4 para. 4 of the French consumer code.

2.6 Since Software are highly technical goods, Licensee commits to read carefully and follow the technical documentation provided by Licensor.

3.1 Presentation and advertisement of the Software Packages on the Website shall not be deemed a contractual offer from Licensor but a mere invitation to treat. No contract shall be legally binding between the Parties unless the ordering process, as stated below, is fully complied with.

3.2 Licensee shall have the possibility to add any Software Package to its virtual shopping basket, change quantities or delete Software Packages from such virtual shopping basket. Only by clicking “Proceed to check out” shall Licensee enter the ordering process. This process is non-binding until the Order is placed.

3.3 During the ordering process, Licensee shall have to:

1. (i) create an account or connect to an existing account; and,
2. (ii) check the references of the Software Package Licensee wants to order and its quantity; and,
3. (iii) choose the desired Subscription Period; and,
4. (iv) choose its payment methods and fill out the preferred invoice address; and,
5. (v) if applicable, indicate a voucher code; and,
6. (vi) if applicable with regards to the Software Package combination Licensee wants to order, add any evidence about Licensee’s actual status (i.e., for example, a copy of its student ID card or company registration certificate)
7. (vii) accept these Software Terms and Conditions by ticking a dedicated box; and,
8. (viii) Waive its right of withdrawal in case of immediate execution of the service to a Consumer; and,
9. (ix) clicking the “Place Order Now” button and proceed to payment.

3.4 Until Licensee has clicked the “Place Order Now” button, corrections of input errors can be made by Licensee to any of the information required under Article 3.3.

3.5 Proceeding to payment online shall cause Licensee to send a firm offer to get a license to Licensor. Licensor shall thus acknowledge Licensee by e-mail of the mere receipt of such offer (i.e. an Order receipt confirmation) and the corresponding payment (i.e. a payment receipt confirmation).

3.6 Offer to license shall be formally accepted by Licensor and the Licence and services agreement formally entered into between the Parties as the related Activation Key is sent by Licensor to Licensee’s account email address.

3.7 Notwithstanding the stipulations of Article 10, no Order which has been accepted by Licensor according to Article 3.6 may be cancelled by Licensee except with a specific written agreement of Licensor.

3.8 Orders shall only be placed under the languages clearly identified on the main page of the Website.

3.9 Licensor reserves the right to refuse any Order transmitted through the Website in the event the Software Package requirements are not met by Licensee or Licensee does not provide sufficient evidence regarding its actual status.

3.10 In the event an accepted Order is cancelled by Licensor or Licensor does not accept Licensee’s offer to be licensed, Licensor shall notify and reimburse Licensee not later than ten (10) business days following such cancellation or refusal.

4.1 Price of each Software Package combination is indicated on the Website.

4.2 Prices do not include VAT, which shall be automatically added during the ordering process whether applicable (currently 20% in France, this rate may vary from time to time without notice according to applicable regulation).

4.3 Prices do not include customs duties or any other direct or indirect charge relating to or in connection with the download or use of the Software Package outside France. As those costs vary for each country, they shall be borne by Licensee. For any further information about duties and administrative declaration, Licensee should contact his/her national customs office.

4.4 Price of each Software Package combination do not include Internet, telephone or any other communication-related costs, which may be incurred by Licensee for downloading and/or updating the Software, contacting Customer Service or periodically checking the Activation Key validity.

4.5 Prices are indicated in Euros (EUR) or Dollars (USD), depending upon the invoicing address indicated by Buyer, and payment should be settled in the same currency. As a result, any Buyer filling out a delivery address located within the Americas shall be automatically invoiced in Dollars and shall pay using such currency.

4.6 Payment of an Order shall only be made by credit or payment card. Prices shall not include any bank charges or fees in relation to the use of a dedicated means of payment.

4.7 In case of a discrepancy between the price indicated on the Website for a Software Package combination and its actual price, Licensor will contact Licensee by e-mail. Should the real price be higher than previously indicated, Licensor will ask whether Licensee accepts to pay extra costs or prefers to cancel its Order. Should the real price be lower than the price actually paid by Licensee, Licensor shall propose to reimburse Buyer for the difference.

4.8 As previously indicated in Article 3.3, during the ordering process Licensee shall have to choose the desired Subscription Period:

4.8.1 “Annual” Licences shall be invoiced in one instalment. As a result, full payment for the entire Subscription Period shall be due by Licensee at the end of the ordering process.

4.8.2 “Monthly” Licences shall be invoiced by Licensor in successive instalments and paid by Licensee consequently. At the end of the ordering process defined in Article 3.3, Licensee shall only be required to pay the first thirty (30) days periods of the Subscription Period. However, Licensee shall have to grant a payment authorization to Licensor for all following periods of the Subscription Period. Related amounts shall be automatically withdrawn from Licensee’s bank account or charged to Licensee’s credit card the day following the termination of each thirty (30) days periods of the Subscription Period and shall be subject to separate invoices.

4.9 Should Licensee opt for a ”monthly” Licence, Licensor shall grant Licensee a thirty (30)-day initial Licence over the related Software Package. Upon termination of this initial Licence, the Subscription Period shall be automatically renewed for additional thirty (30)-day periods. Payment for the entire renewed Subscription Period shall thus be due by Licensee and collected by Licensor the day following the previous Licence Subscription Period ends, based on payment methods previously indicated by Licensee. However, Licensee may terminate in advance such Subscription Period and, where applicable, the related payment authorization, as provided under Article 10.

4.10 The Parties hereby agree that any started thirty (30)-day period is due and shall not result in any reimbursement to be made by Licensor to Licensee for such period.

4.11 Licensor shall be free to modify at any time the price of the Software Package combination, provided Licensor informs Licensee with a one (1)-month prior notice. Such price change (either up or down) shall not apply to previously paid active Licences; however, it shall be applied to any automatic renewal to occur after this one (1)-month prior notice.

4.12 Licensor shall be free to remove from the Website at any time any Software Package combination, provided Licensor informs Licensee with a one (1)-month prior notice. Such change shall not apply to previously paid active Licences until the end of the subscription period. Any automatic renewal shall be automatically cancelled.

 

5.1 Once the Order has been accepted by Licensor, Licensor shall send to Licensee, first, an email with the Activation Key and then, another one with a link to download the Software. No copies of the Software shall be available on a physical media (including, but not limited to, CD-ROM, DVD or USB key).

5.2 Communication costs that may be incurred by Licensee so as to download Software shall be borne by Licensee only.

5.3 Software can be downloaded by Licensee or the User with no limitation as to quantity. However, the use of said Software shall require an Activation Key, which could only be used on a limited number of Machines (depending on the actual Software Package combination ordered) by one or several Users.

5.4 The second email referred to in Article 5.1 shall contain a link to a self-executable file. Licensee and User shall thus ensure that said file and Software can be downloaded and installed on their Machines, taking into account the Machine minimum requirements as listed in the Software description on the Website.

5.5 Licensee shall put in place any adequate protection so as to ensure and maintain the confidentiality of the Activation Key, as well as its use on the intended Machines. Licensor shall not bear any responsibility whether they are used on Machines unauthorized by Licensee resulting from Licensee’s or Users’ default.

6.1 As any professional, Licensor is under a duty to supply goods that are in conformity with the contract. Thus, and notwithstanding any other warranty or guarantee applicable under French legislation, Software are covered by a commercial warranty against defects in material and workmanship that may prevent them from substantially performing as described by Licensor, subject to the limitations described in the following clauses. The applicable warranty period shall be one (1) year starting from the date of Licensor’s invoice for the relevant Software Package, or any longer or shorter duration expressly provided in writing by Licensor for a given Software Package. Any update or bug fix provided by Licensor during the warranty period shall only be subject to the same warranty for the remainder of such one year.

6.2     The commercial warranty shall not apply to:

1. damage due to improper, incautious, incorrect or negligent use or installation of the ordered Software by Licensee or User, including but not limited to, damage caused by incorrect set-up, use with a Machine not meeting the minimum requirements or for a purpose different from the intended use as defined in the Software Package description on the Website;
2. Software malfunction preventing, in part or in full, its performance according to the description of the Software Package, caused by any event beyond Licensor’s control (including but not limited to the interruption of communication networks, energy shortage, or viruses and malwares);
3. claims involving connected devices where the connected devices have not been agreed by Licensor or have not been used in compliance with Licensor’s specifications;
4. damage or defect(s) arising because Licensor’s instructions and safety procedures or user's manual as to the installation, set-up, connection, commissioning, use, maintenance or repair of the Software Packages have not been followed by Licensee or User;
5. Software which source code or object code have been modified, updated, fixed or otherwise altered, in full or in part, by any person not specifically authorized in writing by Licensor;
6. damage or defect(s) arising because Licensee or User do not, at least once (1) a month, connect the Software to the Internet, check for updates and, whether applicable, install any essential Software update published by Licensor;
7. Software used in countries or geographical locations subject to United Nations’, European Union’s, United Kingdom’s or United States’ embargo law/regulation or in violation of any export law or regulation, for the relevant product or services;
8. Electronic files created through the use of the Software;
9. Any electronic file not provided by Licensor that can be used with or by the Software.

6.3 Licensor represents and warrants that the Software does not and shall not contain, at the time of its download by Licensee or User through the link referred to in Article 5.1, any willfully introduced computer virus, time bomb, worm, malware, Trojan horse or any other similar and harmful, malicious or hidden code, routines, programs or data designed to disable, erase, destroy, damage, alter or impair the use of the Software, the Machine, or any data  without User's or Licensee’s knowledge and consent (hereinafter referred to as “Virus”). However, if a Virus is found to have been introduced into the Software, the Parties hereby agree to use all commercially reasonable efforts to cooperate and to diligently work together in order to mitigate the effects of such Virus on the Software.

6.4 Any repair for matters which are not garantueed or warranted under these Software Terms and Conditions shall be subject to a specific written contract between Licensor and Licensee,(should the latter be a Consumer), as defined under articles L. 224-25-28 et seq. of the French consumer code.

6.5 This commercial warranty shall apply to any country other than the ones in the following list: n/a.

6.6 All warranty or guarantee claims must be sent by registered mail or through the Website’s online form to Licensor’s Customer service (see Article 9) without delay following discovery of the damage or defect. The claim must fully state the nature of the damage or defect and the reference of the ordered Software Package concerned (name and version number) together with any other information that may be required or useful to process the warranty claim.

6.7 Licensor shall decide, at its own discretion, whether to replace, repair or reimburse Software Packages subject of the warranty claim.

6.8 Licensor does not provide any guarantee other than compliance of the Products to French law as well as European Union legislation and any other compliance guarantee expressly granted in writing by Licensor.

6.9 Licensee is responsible for (a) identifying any legislation which is applicable to the Software in the country and area in which Licensee intends to use the Software Package or where the Software Package will ultimately be received (“Applicable Laws”); and (b) determining whether the Software Package is compliant with such Applicable Laws.

6.10 Additional rules – sales to Consumers

Licensor is responsible for any defect of conformity of the Software Package with regards to the contract, existing at the time of delivery, under the conditions of Article L.224-25-12 et seq. of the French consumer code, as well as for latent defects, pursuant to article 1641 to 1649 of the French Civil code.

Whether a defect of conformity is identified, Consumer shall be granted a two-year period from the provision of the digital item or service to get the legal guarantee of conformity implemented. Within a one-year period from such provision, Consumer shall only have to prove the mere existence of said defect of conformity, but not the moment it actually appeared. Professional shall also provide under the legal guarantee of conformity any update that may be required so as to maintain conformity of the digital content or service. The legal guarantee of conformity grants Consumers the right to have the digital item or service brought into conformity without undue delay following their request, at no cost and without significant inconvenience. Consumer may be granted a price reduction while keeping the digital item or service, or terminate the contract and be fully reimbursed against renunciation to the digital item or service, whether: 1° Professional refuses to bring into conformity the digital item or service; 2° Ensuring conformity of the digital item or service is delayed without justification; 3° Consumer has to incur specific additional costs for the digital item or service to be conform; 4° Ensuring conformity of the digital item or service causes a significant inconvenience to Consumer; 5° the defect of conformity remains in spite of the Professional’s unsuccessful attempts to restore conformity. Consumer can also benefit from a price reduction or have the contract cancelled should the defect of conformity be significant enough to have the price reduced or the contract immediately cancelled. Consumer shall not be required to request the conformity of the digital item or service being restored first. Should the defect of conformity be insignificant, Consumer shall only be awarded with the cancelation of the contract when said contract does not specify any price. Any existing guarantee shall be postponed while the defective product is being unavailable, until a conforming digital item or service is provided. The above-mentioned rights derive from art L. 224-25-1 to L. 224-25-31 of the French consumer code. Any Seller refusing, in bad faith, to comply with the legal guarantee of conformity shall be liable of a civil penalty up to 300 000 euros, which may be raised up to 10% of the average annual turnover (Art. L. 242-18-1 of the French Consumer code). Consumer can also claim the legal warranty for latent defects, pursuant to article 1641 to 1649 of the French Civil code, during a two-year period from the discovery of said defect. Under such warranty, Consumer may be granted a price reduction should Consumer decide to keep the digital content or service or full reimbursement against renunciation to the digital content or service.

6.11 Licensee represents and warrants that neither it nor any of its employees, agents, representatives, Users is a person or entity with whom English, European or United States entities are restricted from doing business under applicable laws.

6.12 It is hereby agreed that, unless otherwise stipulated hereabove, Licensor does not guarantee nor warranty any continued availability of the Software Package during the Subscription Period, nor any results, performance or developments to be achieved by Licensee, unless expressly indicated in the Software Package description on the Website.

7.1 In no event shall Licensor be liable for indirect, consequential or incidental damages, whether arising under contract, warranty, tort, negligence, strict liability or otherwise. Such damages include, but are not limited to, loss of production, loss of profit, loss of use, loss of contracts, loss of image as well as any shortfall, loss of earnings or legal expenses.

7.2 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Licensor shall not be liable for any damage, whether arising under contract, warranty, tort, negligence, strict liability or otherwise, resulting from:

1. (I) the use of any connected network (Internet, intranet, extranet) or device such as viruses, computer intrusion, loss of data, loss of connection; or,
2. (II) the use of electric supply; or,
3. (III) Licensee’s non-compliance with Licensor’s technical instructions or safety procedures relating to the storage, installation, set-up, connection, commissioning, use, maintenance or repair of the Software, as explained in Licensor’s instructions and safety procedures or the relevant User’s Manual; or
4. (IV) the use of the connected devices with the Software where the connected devices have not been agreed by Licensor or have not been used in compliance with Licensor’s specifications; or,
5. (V) the use of the Software in countries or geographical locations subject to United Nations’, European Union’s, United Kingdom’s or United States’ embargo or specific export law or regulation, for the relevant product or services; or,
6. (VI) to improper, incautious, incorrect or negligent use or installation of the ordered Software by Licensee or User, including but not limited to, damage caused by incorrect set-up, use with a Machine not meeting the minimum requirements or for a purpose different from the intended use as defined in the Software Package description on the Website.

7.3 Licensee and Users hereby undertake to make periodic backup copies of any file or personal configuration created with the Software, as a precaution against potential Software malfunction.

7.4 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Licensor’s total liability towards professional for any direct damage whether arising under contract, warranty, tort, negligence, strict liability or otherwise caused by the Software Package shall be limited to an amount no greater than the price of the relevant Software Package.

7.5 With respect to Article 7.4, any liability claim against Licensor shall be brought before the relevant courts (cf. Article 16) by Licensee or User no later than twelve (12) months following the date from which the damage occurred or the date from which Licensee or User should have known such damage occurred.

8.1 According to applicable law, Consumer Licensee hereby accepts and agree that the supply of the Software Package, as a digital content not on a tangible medium, shall begin before the end of the cancellation period of fourteen (14) days from the day on which the contract is entered into.

8.2 Notwithstanding Article 10, Licensee acknowledges that such express consent to the immediate supply of the Software Package shall deprive him from the right to cancel the contract under applicable law.

9.1 Customer satisfaction is an essential part of Licensor’s commercial commitments. Whether requiring further information for encountering any inconveniences with the Software, Licensee or User may contact Licensor through the dedicated online form available on the Website’s main page. Licensor undertakes to reply to any such contact form received within two (2) working days. However, it is agreed by the Parties that a fully detailed answer or a bug fix may require a longer delay.

9.2 Licensor may, from time to time, provide Software updates and bug fixes for the Software. Licensee shall thus undertake to, and make User, connect the Software to the Internet at least once (1) a month to check for updates and, whether applicable, install any Software update published by Licensor mandatory to ensure conformity of the digital item or service (identified as “essential updates”).

Licensor may also, from time to time, provide updates which are not mandatory to ensure conformity of the digital item or service so as to, among other things, improve user experience, Software usability or offer additional features. Those updates shall be identified as « optional updates ». Their detailed content shall be clearly indicated by Licensor. Licensee shall thus decide whether or not to download and install each optional update.

9.3 It is hereby agreed by the Parties that, unless otherwise stipulated in the Software Package Description, Licensor does not bind itself to any service level commitment regarding the Software Package.

9.4 Licensor may, from time to time, temporarily limit or prevent the use of any Software for maintenance and correction. Licensor shall make its best efforts so as to inform Licensee or User in advance of such limitation or interruption. Licensor shall not be liable for any damage or compensation whether Licensee or User are limited or prevented from using the Software following a scheduled maintenance for less than eight (8) hours. Furthermore, it is agreed by the Parties that emergency unscheduled maintenance may be necessary from time to time, in order to take any required actions following a security incident or to react to any newly identified threat or vulnerability.

9.6 Each Software Package may include specific maintenance services, as defined in the Software Package’s description on the Website. Licensee shall be responsible for ensuring that such description meets Licensee’s actual needs.

9.7 Should Licensee or User does not obtain a satisfactory reply to any of their request regarding a product, acting as a Consumer, Licensee or User may also contact :

1. EU’s Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr; or,
2. a Consumer Ombudsman at the following address: ANM-CONSO (Association Nationale des Médiateurs), 2 rue de Colmar, 94300 VINCENNES, tel : 01 58 64 00 05 ; https://www.anm-conso.com/site/index.php.

10.1 The Subscription Period shall start on the date Licensor provides Licensee with the relevant Activation Key and shall remain in force for the entire duration chosen by Licensee during the ordering process (“Initial Term”) unless terminated by anticipation in accordance with Article

10.2 Any “monthly” Licence shall be automatically renewed for subsequent periods of same duration (“Renewal Term”), unless terminated by either Party by giving the other Party a prior notice not less than:

1. (i) fifteen (15) days prior written notice,should Licensor decides not to renew the Licence, by email;

2. (ii) twenty-four (24) hours should Licensee decides not to renew the Licence, using the unsubscribe option within Licensee’s personal account.

It is hereby agreed by the Parties that such notice could not to expire before the end of either the Initial Term or any Renewal Term. 

10.3 Each Party may, upon written notice, terminate a Software Package Licence at any time and with immediate effect, should the other Party commit any material breach of any of the terms of these Software Terms and Conditions and (if such a breach is remediable) fails to remedy that breach within thirty (30) days after notice requiring the defaulting Party to remedy such breach.

10.4 In the event the Software Package Licence is terminated according to Articles 10.2 and unless the termination is due to a breach of these Software Terms and Conditions by Licensee, Licensor shall reimburse Licensee of the remainder of the Subscription Period after the termination date. Such refund shall be made by Licensor without any undue delay and not later than fourteen (14) days from the termination date. Licensor shall carry out such reimbursement using the same means of payment as Licensee used for the initial transaction, unless Licensee has expressly agreed otherwise. 

10.5 Notwithstanding Article 10.2, a Software Package Licence shall be immediately suspended whether Licensee fails to pay Licensor any due amount following an automatic renewal. Licensor shall inform Licensee by email. Should Licensee not pay within ten (10) calendar days, the relevant Licence shall be definitively terminated by Licensor. 

10.6 Upon termination of the Software Package Licence, Licensee and User shall not be able to use the related Software Package. 

11.1 Unless otherwise stipulated in the Software Package Description or these Software Terms and Conditions, all intellectual property rights, including but not limited to copyright, patents, database rights and rights in trademarks, designs, know-how, processes, trade secrets and confidential information whether registered or unregistered, and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world owned by or licensed to Licensor (the “Intellectual Property Rights”) and Licensor’s technology resulting from Licensor’s research and development, tests and investment, whether or not classed as Intellectual Property Rights (the “Technology”), relating to the Software Package or the Website, shall remain the property of Licensor or Licensor’s third party suppliers.

11.2 Licensor shall grant Licensee and its Users a non-exclusive license to use the Intellectual Property Rights and Technology relating to the Software in so far as needed for their use of said Software. Such license shall be limited to the Subscription Period, worldwide (except countries or locations subject to United Nations’, European Union’s, United Kingdom’s or United States’ embargo law or regulation for that type of product), and for personal or professional use.

11.3 Licensee and User shall not use the Intellectual Property Rights in a way which would or may damage the Intellectual Property Rights or the brand image of Licensor.

11.4 Licensee and User shall neither divulge, reproduce, use and/or infringe Licensor’s rights in the Technology, nor shall it permit any third party to do so. Furthermore, Licensee and User shall not decompile, disassemble, reverse engineer, create a derivative work, or in any other way derive any source code or object code from the Software, except and only to the extent that the law or a public license applicable to said specific Software expressly permits those activities.

11.5 The Parties agree that the present clause shall also apply to the names of Software or Software Packages, whether or not registered as a trademark or otherwise classed as Intellectual Property Rights.

11.6 The Software named “L-ISA Audio Bridge” is based on the open-source project Blackhole, under GNU GPL license - Copyright © 2019 Devin Roth (Existential Audio). Such program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program. If not, please refer to https://www.gnu.org/licenses/.

 

12.1 “Force majeure” means an event beyond one Party’s control which fully hinders performance of the contract.

For the purpose of this Article  the expression “force majeure” means, but shall not be limited to, acts of God, war, riots, invasion, insurrections or civil commotion, fire, flood, earthquake, weather, acts of the element, energy shortage, interruption of communication networks (including, but not limited to access to the Internet), equipment breakdown, government priorities, allocations, regulations or restrictions, interference or restraint of public authority, (whether legal or not), explosion or accident, epidemic or quarantine restrictions, breakdown, sabotage, strikes or lock-outs.

12.2 After an Order has been issued and accepted by Licensor, neither Party shall be held responsible for late performance or failure to perform obligations arising for them from the agreed contract in the event of Force majeure. However, the relevant Party must give prompt notice of such circumstance to the other Party, by registered email with acknowledgment of receipt.

Furthermore, so as to exclude any liability of the Party claiming a Force majeure circumstance, such notice has to respect the following cumulative conditions:

1. It must be received by the other Party within seven (7) working days from the occurrence of the event; and,
2. It identifies and proves the Force majeure and its occurrence; and,
3. It stipulates the obligations(s) which performance is prevented from by the Force majeure and proves such obstacle.

12.3 A Force majeure circumstance releases the notifying Party from performing its obligations under the Agreement, as well as the other Party from performing its corresponding obligations, until the cessation of such circumstance. Furthermore, either Party shall not be held responsible for non-performance or late performance of such obligations.

12.4 Once a Force majeure event has been notified, the Parties shall meet as soon as possible and discuss measures to be taken immediately or modifications to be made to the contract so as to assure its resumption without any imbalance between the Parties. The Parties may also jointly decide to terminate the contract.

These Software Terms and Conditions may be amended from time to time by Licensor and shall apply to any Order placed by Licensee after that date. Licensee is thus invited to check the applicable version of this document before placing any Order.

For the sake of clarity, it is reminded that each Order placed by Licensee shall be subject to the version of Licensor’s Software Terms and Conditions in force at the day of said Order. As a result, in the event these Software Terms and Conditions are amended during an active subscription period, any modification shall only apply from its next renewal date.

 

14.1 Licensor is committed to protecting Licensee’s privacy and Personal Data, as well as the User’s, according to applicable laws, especially EU General Data Protection Regulation. By using or accessing the Website, contacting or engaging with Licensor, downloading or using the Software, Licensee agrees that Licensor may process Licensee’s and User’s Personal Data in the manner described in L-Acoustics Group Privacy Policy and, where applicable, L-Acoustics Privacy statement for Software (available at the following address: https://eStore.l-acoustics.com/content/3-data-privacy-cookie-policy) and L-Acoustics Privacy statement for Software. Licensee further guarantees that the Users have been informed of any collection and/or processing of their personal data in relation to their use of the Software and have consented to such collection and processing. Licensee shall provide suitable evidence to Licensor, upon Licensor’s request. Licensee’s or User’s use of the Website or the Software and any information Licensee or User provide through them are subject at all times to this Group Privacy Policy and the applicable terms and conditions that apply to the Website and the Software.

14.2 By creating an account, placing an Order through the Website, downloading the Software or using said Software, Licensee hereby acknowledges that Licensor may use Licensee’s and User’s Personal Data to: i) deliver services to Licensee and User(s), ii) carry out transactions Licensee has requested, including, but not limited to, providing information on Licensor’s products, services or Software, iii) register licensed Software, iv) deliver an Activation Key, v) process Software Orders, vi) handle warranty claims, vii) replace Software manuals, viii) answer Customer Service requests and facilitate the use of the Website or the Software. The legal basis will thus be the performance of a contract. Licensee further guarantees that the Users have been informed of any collection and/or processing of their personal data in relation to their use of the Software and have consented to such collection and processing. Licensee shall provide suitable evidence to Licensor, upon Licensor’s request.

14.3 If Licensee or User have any question regarding Licensor’s Privacy Policy, Licensor’s handling of Licensee’s or User’s Personal Data or would like to lodge a complaint, Licensee or User should contact Licensor using the following email address: privacy@l-acoustics.com or through the Website’s contact form. Licensor shall promptly address the concern and strive to reach a satisfactory resolution.

15.1 The failure of either Party to enforce the provisions of these Software Terms and Conditions at any time or the failure of one Party to require at any time the performance by the other Party of any of the provisions of these Software Terms and Conditions shall in no way be construed to be a present or future waiver of such provisions nor in any way affect the entitlement of either Party to enforce each and every such provision.

15.2 Should any of the clauses of these Software Terms and Conditions be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.

15.3 These Software Terms and Conditions contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

 

16.1 Subject to any provisions that cannot be derogated from by agreement by virtue of the law of Licensee’s country of residence, these Software Terms and Conditions shall be governed by French law, excluding its conflict laws and the application of 1980 “United Nations Convention on Contracts for the International Sales of Goods”.

16.2 Each Party agrees that any dispute, controversy or claim arising out of or in connection with the existence, validity, interpretation, execution or termination for any reason of these Software Terms and Conditions or the licence of Software Packages shall be brought to an amicable settlement between the Parties before any legal proceedings. Failing this, any eventual lawsuit shall be judged under the law and courts of Paris.

 

The following articles are a free translation of the relevant articles of either the French consumer code or the French civil code, reproduced for convenience only. Please refer to https://www.legifrance.gouv.fr,for the official texts with effective legal value.

·        

Article L224-25-12 of the French consumer code

Professional shall supply digital items or services in conformity with the contract and the criteria set by article L. 224-25-14.

Should the contract include periodic provisions of digital items or services, or a series of independent provisions, professional shall be liable for any defect of conformity existing at the time of provision, and which become apparent within two years after such date.

Should the contract include a continuous provision of digital items or services, professional shall be liable for any defect of conformity which become apparent during the period in which such digital item or service is provided under the contract.

This applicable time limit shall not prevent consumer from obtaining any updates according to article L. 224-25-25.

Professional shall also be liable, within identical time limits, for any defect of conformity resulting from the improper integration of the digital item or service within consumer’s digital environment, when such integration has been carried out by the professional or under professional’s responsibility, or should such improper integration carried out by the consumer originates from flaws within the installation instructions as provided for by professional.

The warranty period shall apply notwithstanding the provisions of article 2224 et seq. of the French civil code.

The starting point for the prescription period of any consumer action shall be the day said consumer becomes aware of the defect of conformity.

1. ·         Article L. 224-25-13 du Code de la consommation

The digital item or service is deemed in conformity with the contract whether it meets, where applicable, the following non-exhaustive criteria:

1°  It is consistent with the description, type, quantity and quality, including the functionalities, compatibility, interoperability, or any other feature as provided for in the contract;

2°   It is fit for any specific purpose sought by consumer, which the professional has been previously informed of before entering into the contract and has accepted;

3°   It is supplied with any and all accessory and installation instructions, as provided for in the contract;

4°   It is updated in accordance with the provisions of the contract.

1. ·         Article L. 224-25-16 du Code de la consommation

I.- Any defect of conformity which becomes apparent within twelve months as from the provision of the digital item or service, is deemed to exist since the date of said provision, unless proved otherwise.

Should the contract include the continuous provision of the digital item or service during a defined period of time, burden of proof regarding whether the digital item or service was in conformity during the contractual period of provision shall lie with the professional should a defect of conformity do appear during that timeframe.

II.- The professional shall not be held liable for any defect of conformity should the professional prove that such defect is related to an incompatibility of the digital item or service with consumer’s digital environment, and that the consumer had been informed by the professional regarding any compatibility requirements of said digital item or service before entering into the contract.

The consumer shall cooperate with the professional, as it is reasonably possible, necessary and the least invasive for the consumer, so as to identify whether the defect of conformity is related to such incompatibility. Otherwise, the burden of proof as mentioned in the first or second paragraph of the I of this Article, shall lie with the consumer should the consumer had been informed in a clear and understandable manner of the obligation to cooperate before entering into the contract.

 

1. ·         Art. L. 224-25-28 du Code de la consommation

Should the consumer requests to the professional, during the period of the legal or commercial warranty offered upon the provision of a digital item or service, a repair under the terms of any of those warranties, any period during which the digital item or service will be out of use for repair shall postpone the applicable warranty until the repaired or replaced digital item or service has been provided.

The period the goods are out of use for repair shall be calculated from the date on which the consumer submits its warranty claim or on which the digital item or service concerned is made available, should the latter be more advantageous to consumer.

The warranty period shall also be postponed when consumer and the professional begin negotiations for a friendly settlement.

Last updated: September 19^th, 2022

Supplemental Terms and Conditions for Training services

September 19^th, 2022

 

These supplemental terms and conditions (hereinafter referred to as “Supplemental Terms and Conditions for Training Services”) specifically apply to the supply of Training Services (as defined below) through this website (https://estore.l‑acoustics.com, operated by
L-Acoustics, a Société par Actions Simplifiée, organised under the laws of France, registered in the Trade and Companies Registry of Evry under number 330 596 800 whose registered office is at 13, rue Levacher Cintrat, Parc de la Fontaine de Jouvence, 91462 Marcoussis Cedex, FRANCE), and declared as a training organization to the Prefect of the Ile-De-France region under number 11 91 09042 91.

They shall apply in addition to the L‑Acoustics eStore General Terms and Conditions, which remain in full force. However, in the event of an inconsistency or conflict between the L‑Acoustics eStore General Terms and Conditions and these Supplemental Terms and Conditions for trainings, the latter shall replace and supersede the related articles of the former for the only purpose of the ordering and the execution of Training Services, such as depicted in this website.

Please carefully read the following articles. By placing an order on this website for Training Services, you shall accept and be bound by these Supplemental Terms and Conditions for Training Services.

WE HIGHLY SUGGEST THAT YOU ALSO DOWNLOAD THESE SUPPLEMENTAL TERMS AND CONDITIONS FOR TRAINING SERVICES FOR DOCUMENTARY, FUTURE REFERENCE AND UNCHANGED REPRODUCTION PURPOSES.

“Additional Training Services” means services, other than Training Services, that may be provided to the Trainee in relation with its attendance to the Training Session (e.g., travel, accommodation or catering).

“Instructor” means a physical person in charge of the relevant Training Session. All instructors are live sound experts, who have been selected, trained, certified and are regularly updated within the framework of the L-ACOUSTICS Education Program.

“L-Acoustics Education platform” means https://l-acoustics-education.360learning.com.

“L-Acoustics Inc”means a corporation organized under the laws of California, United States of America, and being an affiliate of Seller, which registered address is 2645 Townsgate Road, Suite 600, Westlake Village, CA 91361, USA, registered under n°C3738356;

“Seller” means L-Acoustics, a French company, as stipulated above;

“Trainee” means a physical person attending the Training Session on behalf of the Training Buyer.

“Training Buyer” means a Website visitor having placed or considering placing an order for Training Services according to the ordering process set out in Article 3 of the L‑Acoustics eStore General Terms and Conditions.

“Training Module” means a combination of theoretical and practical courses related to L-ACOUSTICS’ products or technology, as clearly described on the Website.

“Training Services” means the online or on-site performance of a Training Module by an Instructor to Trainees.

“Americas Training Session” means either an on-site Training Session performed in the Americas or an online Training Session specifically addressing Trainees located in the Americas.

“Training Session” means a Training Module performed by an Instructor to Trainee on a specified date.

 

2.1      Training Modules are precisely described on the Website in each Training Session dedicated page, including Trainees’ prerequisites, the language used as well as Trainees’ required equipment. Training Buyer shall be responsible for ensuring that such description meets Training Buyer’s and Trainee’s actual needs and abilities.

Should Training Buyer or Trainee have any other questions about any Training Modules which are not answered to on the Website, Training Buyer or Trainee are invited to contact Seller’s Customer Service.

2.2      Each Training Session that is available for reservation by Training Buyer shall be presented by Seller on the Website as an individual Product on a dedicated page. It shall indicate its date and location, which could be online or on-site.

2.3      Some Training Sessions may offer Additional Training Services. Their content and, if applicable, their additional price shall be indicated within the related Training Session description on the Website.

2.4      Unless otherwise stipulated herein, all Training Session shall be performed by Seller or on its behalf. By way of derogation, Americas Training Session shall be performed by Seller’s affiliate, L-Acoustics Inc, or on its behalf. The related training agreement shall thus be executed between Client and L-Acoustics Inc.

3.1      During the ordering process, Training Buyer shall have to clearly state his/her legal status: either “professional or non-Consumer” or “non-professional / Consumer”. Such indication shall condition the exercise of specific rights, including the right of withdrawal, according to applicable law.

3.2      Training Buyer shall also have to indicate Trainee’s full name and contact details (including a valid email address). Training Buyer shall be responsible for ensuring that such information is correct. Seller shall not be liable or have to reimburse Training Buyer should a Trainee be prevented from attending a Training Session following incorrect details transmitted by Training Buyer. 

3.3      Any order for Training Services which has been accepted by Seller according to Article 3.7 of L Acoustics eStore General Terms and Conditions may be cancelled by either Training Buyer, Trainee or Seller within the limits set by Article 8 below.

 

4.1      Price of online Training Services does not include Internet, telephone or any other communication-related costs, which may be incurred by Trainee or Training Buyer for downloading any required Software or Application, as described on the Training Session dedicated page, or attending an online course.

4.2      Unless otherwise stipulated within the Training Session dedicate page, price does not include Additional Training Services.

4.3      Payments made by a professional or non-Consumer

Should Training Buyer have indicated being a professional or non-Consumer during the ordering process, total payment shall be due for the ordered Training Services and, where applicable, Additional Training Services before any commencement of work. Effective payment shall be made during the ordering process, as defined under Article 3.3 of L-Acoustics eStore General Terms and Conditions.

4.4      Payments made by a non-professional or Consumer

4.4.1 By way of derogation from Article 3.3 vii) of L-Acoustics eStore General Terms and Conditions, should Training Buyer have indicated being a non-professional or Consumer during the ordering process, total payment shall not be due immediately after clicking the “Place Order Now” button. Seller shall thus only transmit a pre-registration confirmation following completion of the ordering process.

4.4.2 Six (6) calendar days prior to the Training Session date, Seller shall send to the email address associated to Training Buyer’s individual account a request to confirm Trainee’s registration with a hypertext link towards a payment authorization request.

According to applicable law, related amounts shall only be transferred to Seller at the Training Session date.

4.4.3 Seller shall first confirm by email mere receipt of the payment authorization (i.e., a registration confirmation) and then, once payment has been made, of the corresponding payment (i.e., a payment receipt confirmation).

4.4.4 Failure to provide Seller with a payment authorization at least forty-eight (48) hours before the Training Session date will lead to an automatic cancellation of the Training Buyer’s pre-registration.

4.5      It is hereby agreed that Americas Training Sessions shall be fully invoiced by Seller’s affiliate only (L-Acoustics Inc). Other Training Sessions shall be invoiced by Seller.

5.1      All Training Services, whatever their methods and locations, as defined hereafter, which are proposed by Seller on the Website shall be undertaken within the framework of L-ACOUSTICS education program.

5.2      On site and online Trainings

5.2.1     Each Training Session may be performed either “on site” (i.e. at a dedicated physical location) or “online” (i.e. through telecommunication systems), as indicated on the Training Session dedicated page on the Website.

5.2.2     On site trainings may be performed at any location open to public. Unless otherwise agreed with Seller, travel expenses to such location, as well as any required accommodation costs, are not included in the Training Service price. Furthermore, Training Buyer or Trainee shall be solely responsible for any administrative procedure to be fulfilled to get access to the Training Session location (e.g. visa application).

5.2.3     Attendance to online courses shall require the use of a telecommunication system (including, but not limited to, Internet or telephone). As indicated in Article 4.1, any related costs shall not be included in the Training Service price and shall be directly borne by Training Buyer or Trainee.

5.2.4     Attendance to online courses may also require Trainee to use specific software or applications, as indicated on the Training Session dedicated page on the Website. Training Buyer shall thus be fully responsible to check, before placing any Order, whether:

(i)   said software or applications’ terms of use are acceptable to Training Buyer and Trainee (and, whether required, get Trainee’s consent); and,

(ii)  any third-party licence is required. It is hereby agreed by Seller and Training Buyer that any mandatory licence fee shall not be included within the Training Service Price and shall be borne by Training Buyer only.

Failure for either Training Buyer or Trainee to accept and comply with the required software or applications’ terms of use, or get a mandatory third-party licence, may result in Trainee not being able to attend the Training Session. In such a case, Trainee’s absence shall not lead to any reimbursement by Seller.

5.3      Each Training Session shall be subject to a minimum attendance, as described on the Training Session dedicated page on the Website. Should such minimum attendance be not met following last-minute cancellation, Seller shall have the right to cancel the relevant Training Session as provided for in Article 8.2 of these Supplemental Terms and Conditions for Training Services.

5.4      After the Training Session, and provided Trainee does consent to his/hers personal data being collected and used by Seller, Seller shall issue individual attendance certificate and shall transmit them directly to each Trainee, based on the contact details provided for by Training Buyer during the ordering process.

6.1      By way of derogation from L‑Acoustics eStore General Terms and Conditions and in particular its Article 7, Seller shall only warrant and guarantee that, at the time of each Training Session, the content of the related Training Modules performed to the Trainee are compliant with the state of the art, current L-ACOUSTICS’ Technology and products, as well with as European Union legislation and any other compliance guarantee expressly granted in writing by Seller.

6.2      SELLER’S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THESE Supplemental Terms and Conditions for Training services ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY SELLER WITH RESPECT TO THE TRAINING SERVICES AND ADDITIONAL TRAINING SERVICES. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THESE Supplemental Terms and Conditions for Training services, THE Training services AND ADDITIONAL TRAINING SERVICES ARE PERFORMED “AS IS” AND “AS AVAILABLE”, AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; (B) ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY TRAINING BUYER OR TRAINEE AS A RESULT OF PROVISION OR USE OF THE CONTENT OF THE TRAINING MODULES; AND (C) ANY AND ALL IMPLIED WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE TRAINING MODULES. NO EXTENSION OR EXPANSION OF THIS WARRANTY SHALL BE BINDING UPON SELLER UNLESS SET FORTH IN WRITING AND SIGNED BY SELLER’S AUTHORIZED REPRESENTATIVE.

 

7.1      It is hereby agreed by Seller and Training Buyer that any and all liability limitations and exclusions set out in Article 13 of the L‑Acoustics eStore General Terms and Conditions shall apply mutatis mutandis to Training Services aND ADDITIONAL TRAINING SERVICES.

7.2      It is furthermore agreed that except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Seller shall not be liable for any damage, whether arising under contract, warranty, tort, negligence, strict liability or otherwise, resulting from:

1. Training Buyer’s or Trainee’s failure to download and use any required software or application, accept their Terms of Use or secure any mandatory third-party licence; or,
2. Trainee’s non-compliance with SELLER’S bylaws or Instructor’s instructions; or,
3. Training Buyer’s or Trainee’s non-compliance with any required software or application’s technical instructions or safety procedures relating to the storage, installation, set-up, connection commissioning, use, maintenance or repair of said required software or application, as explained in the required software or application user’s manual; or,
4. the use of any connected network (Internet, intranet, extranet) such as viruses, computer intrusion, loss of data or Trainee’s loss of connection; or,
5. the improper, incautious, incorrect or negligent use or installation of any required Software or Application by Training Buyer or Trainee, including but not limited to, damage caused by incorrect set-up, use with a machine not meeting the minimum requirements or for a purpose different from the intended use; or,
6. any malfunction or non-functioning of THIRD PARTIES-required software or applications; or,
7. Trainee not meeting the Training Module prerequisItes.

8.1      With respect to Article 3.3, Training Buyer or Trainee shall have the right to cancel, at any time, Trainee’s attendance to one or several Training Sessions. Seller shall thus refund Training Buyer within ten (10) working days from the receipt of such cancellation notice, according to the following thresholds:

1. Full refund (100%) of the Price paid by Training Buyer for the cancelled Training Session shall be given whether the cancellation is duly justified by the occurrence of a Force Majeure event;
2. Full refund (100%) shall be given whether the cancellation notice has been transmitted to estorel-acoustics.com, at the latest, forty-eight (48) hours before the scheduled Training session date;
3. No refund (0%) shall be given whether the cancellation notice has been transmitted to estorel-acoustics.com less than forty-eight (48) hours before the scheduled Training session date;

Seller shall have the right to cancel any Training Session, at any time, whether the minimum attendance is not met or for Force Majeure reasons. In such a case, Seller shall contact Training Buyer and/or Trainee so as to propose them a new Training Session at the same location. Should such new Training Session not be acceptable to Training Buyer and/or Trainee, Seller shall fully refund Training Buyer the price of the cancelled Training Session within ten (10) working days.

8.2      Once an order for Training Services has been accepted by Seller, Training Buyer or Trainee shall not have the right to request any modification of the Training Session without Seller’s prior approval.

8.3      With respect to article 8.1, no refund shall be given whether Trainee does not attend an ordered Training Session without any prior formal cancellation or documented evidence of the occurrence of a Force Majeure event.

8.4      Right of withdrawal

8.5.1 It is hereby recalled that, according to applicable law, right of withdrawal (as defined under Article 8 of L-Acoustics eStore General Terms and Conditions) shall only benefit to Training Buyers priorly identified as non-professionals or Consumers, following Article 3.1.

8.5.2 According to Article 2.2, dates of each Training Session shall be presented by Seller on the Website as an individual Product. Training Buyers identified as non-professionals or Consumers may thus choose between several available options. By wilfully registering to a Training Session scheduled less than fourteen (14) days after pre-registration confirmation being sent by Seller, Training Buyer hereby agrees the related service to be executed before the termination of the legal period for withdrawal.

As a result, Training Buyer expressly waives any legal withdrawal right regarding such Training Service and, where applicable, the related Training Additional Services.

8.5.3 For the sake of clarity, it is reminded that such waiver of any legal withdrawal right by Training Buyer shall not preclude the contractual cancellation rights, as defined under article 8.1 to 8.4.

Attendance to a Training Session may be subject to specific operational and organizational rules from Seller. A weblink to any said applicable rules shall be indicated on the Training Session dedicated page. Training Buyer shall thus be fully responsible for transmitting this information to the Trainee and obtaining Trainee’s consent. Training Buyer shall provide suitable evidence to Seller, upon Seller’s request.

Failure to abide by such specific operational and organizational rules may result in Trainee’s exclusion from the Training Session, without any damage or refund due to Training Buyer or Trainee.

Last updated on September 19^st, 2022