Terms of Service Arturia

General Terms and Conditions of Sale ARTURIA – Last update October 2021

You are a non-professional under the meaning of the French consumer code, the following set of Terms and Conditions of Sale apply.

General
1. These general terms and conditions of sale (the “General Conditions”) apply to distance sales of hardware products and downloading of software products by ARTURIA (the “Products”), company having its registered office located 26 AVENUE JEAN KUNTZMANN 38330 MONTBONNOT-SAINT-MARTIN France (the “Vendor”) to a buyer who must be of legal age and have full legal capacity (the “Buyer”), collectively referred to as the “Parties”. The Parties shall be bound by no other document or verbal commitment not formally and expressly accepted by each of them.
  It is specified in advance that these conditions govern exclusively the sales, by the Vendor of Products available on the website arturia.com. These conditions apply regardless of any other conditions, in particular those in force for in-store sales.
2. Modifications made to the General Conditions are automatically enforceable to the Buyer for orders issued subsequent to being communicated by any means to the Buyer.
3. If the General Conditions are translated into a foreign language, the French version shall prevail.
4. The Vendor does not intent to sell large quantities of Products and reserves the right to refuse orders made for the same Product in large quantities.
Price
1. The Products’ prices are indicated in euros (or in the Buyer’s local currency when applicable i.e. dollars for the Buyers residing in the United States) all taxes included (VAT and other applicable taxes) excluding processing and delivery costs which may vary depending on the countries at stake and will be brought to the Buyer’s attention before the order is completed. The applicable price is the one indicated on the Buyer’s order summary. You will be informed, at the time of placing your order, of the available delivery method(s) as well as the applicable delays and related costs.
2. In the event of an order to a country other than metropolitan France, you are the importer of the Product. For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the Vendor. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to check with your local authorities about these aspects.
3. The Vendor reserves the right to modify the General Conditions and prices at any time, but the Products shall be invoiced on the basis of the price agreed upon by the Party and in force at the time of the Buyer’s order confirmation. Our Product offers are valid as long as they are visible on the site, subject to stock availability. In the event of unavailability of a Product after placing your order, the Vendor will inform the Buyer by electronic means and the order will be automatically cancelled and no bank charges will be made.
Ordering. Order confirmation. Modification or cancellation
1. To order a Product, the Buyer must create an account on the Internet website arturia.com or log in if he already has an account. This account will be accessible with an email and a password. By placing an order with the Vendor, the Buyer accepts application of the General Conditions and acknowledges (i) that the Buyer was fully informed by the Vendor of the Products characteristics as well as the use for which they are intended and (ii) that the Buyer received from the Vendor the information requested as well as the appropriate advices.
2. The Vendor undertakes to honour only firm orders issued by the Buyer via the Internet https://www.arturia.com/ , confirmed in writing by electronic means by the Vendor. Any other method of ordering or sourcing by the Buyer is subject to a signed agreement between the Parties, without any obligation for the Vendor to accept.
3. The contract is effective as at the order confirmation’s date issued by the Vendor under the conditions mentioned on it (the “Contract”).
Right of withdrawal
1. You may exercise your right of cancellation/withdrawal within a 14 days’ delay from the receipt of your Product.
2. After having notified your decision to exercise your right of withdrawal within this period, you must return the Product(s) concerned by the withdrawal to Arturia within a 14 days delay from this notification.
  Return of goods please send to the following address: ARTURIA - 26, avenue Jean Kuntzmann 38330 Montbonnot-Saint-Martin – France
3. If the Buyer exercises his right of withdrawal within the 14 days period referred to in 4.1, the Vendor shall refund only the price of the purchased Product(s) and the delivery costs, the return costs remaining at the Buyer’s charge.
  The Vendor will refund the sums paid, including initial delivery costs, within a 14 days’ delay from the date on which the Vendor has been informed of the Buyer’s decision to withdraw, and using the same means of payment as that used for the order unless the Buyer expressly agreed to a refund using another means of payment. This delay may be extended until the Product is recovered by the Vendor or until the Buyer has provided proof of shipment of the product, whichever date comes first. The Vendor is not required to refund any additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered on the Internet website arturia.com.
  Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the Buyer may be held liable.
4. According to applicable law and regulations in force, the right of withdrawal cannot be exercised for:
  - provision of audio or video recordings or computer software where they have been unsealed by the Buyer after delivery
  - provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the Buyer and express waiver of his right of withdrawal.
  The Buyer expressly agrees that the provision of software Product(s) for downloading occurs when the Buyer’s order is validated, i.e. before the end of the 14 days’ period, and the Buyer expressly waives his right of withdrawal. No request for withdrawal, cancellation or refund will be accepted for the period subscribed. The waiver by the Buyer of his right of withdrawal for this content is formalised when the digital content order is validated.
  Purchases of digital content cannot not give rise to exchange, refund or the exercise of a right of withdrawal.
Deliveries. Losses and damage during transport
1. The hardware Products are delivered to the delivery address indicated by the Buyer during the ordering process, unless access to this address proves impossible, within the time indicated on the validation page of the order by the Buyer.
  The delivery time corresponds to the delivery time indicated on the arturia.com website when the order is made by the Buyer, and to processing and delivery time.
2. In the event of delivery by a carrier requiring an appointment with the Buyer, the carrier will contact the Buyer as soon as possible to agree with you on a delivery appointment, and at the latest 30 days from the date of your order validation. The Vendor shall not be liable for late delivery due exclusively to the unavailability of the Buyer after several appointments have been proposed by the carrier.
3. According to applicable legal provisions, in the event of late delivery, the Buyer has the right to terminate the contract under the conditions specified in Article L 216-2 of the French Consumer Code.
4. The Buyer, on receipt of the Products, shall proceed with all necessary verifications so as to ensure the absence of losses or damage during transport. As the case may be, the Buyer shall issue the customary reservations justified on the delivery note presented for its signature by the carrier.
5. Software Products are available for download only. Downloading is the transmission and reproduction of a file, including the digital content ordered, on an eligible electronic device connected to the Internet.
  After validation, the Buyer’s online order cannot be cancelled following acceptance of payment.
6. Required technical conditions to download and use software Products (e.g. platform specifications, required configuration, technical compatibilities etc.) are detailed on each Product sheet on the Internet arturia.com website.
Transfer of risk. Any risk of loss of or damage to the Product shall be transferred to the Buyer when the Buyer or a third party designated by him, other than the carrier proposed by the Vendor, takes physical possession of the Product.
RETENTION OF TITLE. EVEN IF PAYMENT TERMS HAVE BEEN GRANTED AND EVEN IN CASE OF PARTIAL OR TOTAL USE OF THE PRODUCTS, THE VENDOR SHALL RETAIN TITLE TO THE PRODUCTS DELIVERED UNTIL IT HAS RECEIVED FULL PAYMENT OF THE PRICE (IN PRINCIPAL AND ANCILLARY COSTS) FROM THE BUYER ON THE DUE DATE. PAYMENT IS UNDERSTOOD AS RECEIPT OF THE FULL PRICE BY THE VENDOR.
Claims
1. According to applicable legal provisions, the lacks of conformity of a Product which become apparent within 24 months of delivery of the Product are deemed existing at the time of delivery, unless it is demonstrated that the lack of conformity did not exist at the time of the Product delivery.
  The Buyer may act against the Vendor on the grounds of the legal guaranty of conformity for a two years’ period starting from the delivery of the Product. However, the Vendor cannot challenge the conformity by invoking a defect that he knew or could not have been unaware of when he placed the order.
  The Product does not lack conformity:
  1. If it is suitable for the use usually expected of a similar Product and, if applicable:
    - if it corresponds to the description given by the Vendor and has the qualities that the Vendor seller has presented to the Buyer;
    - if it has the qualities that a Buyer may legitimately expect in view of the public statements made by the Vendor, the producer or his representative, in particular in advertising or labelling;
  2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Vendor and which the latter has accepted.
2. In the event of lack of conformity, the Buyer chooses between two options, repair or replacement of the Product. This guarantee allows the Buyer to obtain free repair or replacement of the Product, subject to the cost conditions provided by law.
3. However, the Vendor is entitled not to proceed according to the Buyer’s preferred choice if such choice triggers clearly disproportionate costs compared to the other option, taking into account the value of the Product or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Buyer.
4. If repair and replacement of the Product is not possible, the Buyer may return the Product and obtain refund of the price or may keep the Product and obtain refund of part of the price.
  The same faculty is open to the Buyer:
  - If the option, proposed or agreed pursuant to 8.2 and 8.3 cannot be implemented within one month following the Buyer's complaint;
  - Or if this option cannot be implemented without major inconvenience for the Buyer given the nature of the Product and the use sought.
  This guarantee triggers no costs for the Buyer.
  Notwithstanding the foregoing, the sale may not be cancelled if the lack of conformity is minor.
5. The aforementioned guaranty applies without prejudice of Buyer’s right to bring an action on the grounds of hidden defects as provided under articles 1641 to 1649 of the French Civil Code or on the grounds of any other action of a contractual or non-contractual nature recognised by applicable law.
6. In any case, the aforementioned guaranty shall not apply and Vendor shall have no obligation to repair or exchange the Product in the event of:
  - misuse / abnormal use of your Product, notably without limitation broken product, use in breach of the manufacturer's recommendations or destination of the Product,
  - of modification, reparation, integration of the Product by the Buyer
  - apparent defects.
Use of the Products by the Buyer
1. From the date of delivery of the Product, the Buyer ensures for storing and retaining the Product at its cost and risk. Storage of the Products as well as their handling must be provided in normal conditions for such type of Products.
2. From the date of delivery of the Product and within the next 6 months, the Buyer must contact the customer service at https//www.arturia.com/support/askforhelp to unregister the license from their account. After the 6 months period, the Buyer has the possibility to unregister the license by themselves from their account at https://www.arturia.com/myarturia.
3. The Vendor cannot be held responsible for inconveniences of any type resulting from any use to the Product non-compliant with its purpose.
Terms of payment
1. Validation by the Buyer of his order implies the obligation for the Buyer to pay the indicated price. Payment of the Product can be made according to the payment methods accepted by the Vendor as detailed on the Vendor website arturia.com before final validation of the order.
2. Payment option for software Products: the Buyer has the option to pay in several instalments with our partner, Braintree (a PayPal service).
  A payment of up to 4 instalments is possible.
  A single additional fee of 5€ is applied in this case, whatever the quantity of payment instalments. This fee covers the additional expenses incurred from the payment plan process.
  The first instalment is due on the purchase date, and then the following instalments are due each month until full payment is received. The detailed instalment plan is mentioned on your order confirmation email. The remaining amount due is paid with the last instalment.
  In case of failure to pay one instalment, such as in the case of being issued a new card or changing bank details, 3 additional attempts may be made: day+1, day+6, and day+10. In case of payment failure, licenses are deactivated and you will receive the information by email. Payment already passed and processed cannot be refunded.
  You can reactivate your licence by contacting our support team (https://www.arturia.com/support/askforhelp). They will ask you to regularize your due payments and then reactivate your license.
  Braintree reserves the right to accept or refuse your request for financing in several instalments.
  Braintree is a service of PayPal - Paypal (Europe) S.a r.l, 22-24 Boulevard Royal, 2449 Luxembourg
  You have a 14 days delay starting from the date you opt for the payment option in several instalments to withdraw and cancel your payment.
  After the 14 days withdrawal delay, you have the possibility to contact us to cancel the order and cease the next instalments. As a result of the order cancellation, the associated licenses will be cancelled as well. Note that this procedure doesn't entitle you for a refund of the previous instalments.
3. Partner rent-to-own for software Products: the Buyer has the option to pay through our partner’s rent-to-own service Splice directly via their Splice’s website https://splice.com/ In such case the Buyer places its order on Splice’s website and is subject to Splice’s general terms and conditions available at https://splice.com/terms .
Intellectual property
1. Any use, in whole or in part, of the Products for purposes other than their intended use, is strictly prohibited.
2. All texts, works, illustrations, images and software reproduced or represented on the Vendor’s website are strictly reserved under copyright and intellectual property law. According to applicable provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different provisions of the Intellectual Property Code. Any reproduction or representation, in whole or in part, of the Vendor’s website arturia.com or of all or part of the elements included on this website for purposes other than their intended use, is strictly prohibited.<
  The corporate names, trademarks and other distinctive signs reproduced on the Vendor’s website are protected under applicable law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly prohibited and must be subject to prior written authorization by the rights’ owner.
3. When downloading a Software Product under these General Conditions, the Buyer is granted a licence to use it. Any use in breach of these General Conditions and of specific licenses related to software Products is strictly prohibited. It is the Buyer’s responsibility to read and comply with applicable terms and the conditions and license relating to Software Products.
  Software Products may contain identification information and/or technical measures to control and restrict use, or to protect against third parties. The Buyer shall not interfere with these terms or measures and/or try to modify or delete them.
  The Buyer is authorized to copy, download, install and use the Software Product in accordance with applicable terms of related licence.
  The Buyer may make a backup copy of the Software Product, to be used only for storage purposes.
4. All copyrights and intellectual and industrial property rights (patents, corporate names, trademarks, signs, logos and any distinctive signs, software etc.) as well as all technical, industrial, commercial or financial documents belonging to the Vendor are and shall remain the Vendor’s property. The Buyer formally agrees not to copy, reproduce or duplicate in full or in part any item subject to intellectual property rights owned by the Vendor as well as the Products provided by the Vendor without its prior written consent.
Transmission of documents. Unless otherwise unequivocally expressed by the Parties in writing, the contractual documents issued by the Vendor are sent to the Buyer by electronic mail and/or in any other appropriate way. All transmissions sent to the electronic mail address indicated by the Buyer are considered to be received by the Buyer the same day they are sent.
Force majeure
1. The Parties cannot be held responsible for the damaging consequences resulting from failure to perform or delay in performing their obligations due to the following: (i) a case of force majeure recognised under applicable law or jurisprudence; (ii) a fire or weather conditions, a strike or blockage on a national scale resulting in a shortage of transport, insurrections, riots or wars; (iii) an internal strike whatever the cause; or (iv) a significant contractual imbalance to the detriment of one of the Parties subsequent to an unforeseen change of circumstances external to the Parties (notably in case of application of any prescription or new legal or regulatory restriction significantly affecting the operational processes).
2. If one of these events occurs, the victim Party shall immediately inform its co-contracting Party in order to negotiate the conditions for pursuing the contractual relation.
3. If the duration of the impossibility of performing obligations is greater than (30) days, the Parties agree to meet so as to negotiate in good faith adaptation of the Contract. The Parties shall each make their best efforts to reduce the effects of the case of force majeure. If no reasonable agreement can be reached, each Party may terminate the Contract unilaterally.
Vendor’s responsibility
1. The Products offered comply with current French legislation. The Vendor cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Buyer’s responsibility to check with local authorities the possibilities of importing or using the Products or services before placing any order.
  Illustrations and photos are provided for illustrative purposes. Please see each Product description to know its precise characteristics.
2. It is the Buyer’s responsibility to backup any data contained in the Products purchased. The Vendor shall not be liable for any loss of data, files or damage resulting from absence of backup of data. Impossibility to use the Products, in whole or in part, resulting notably from equipment incompatibility, may not give rise to any compensation or reimbursement or liability on the part the Vendor.
3. The Vendor shall not be liable in case of independent technical problems such as: communication problems due to the Buyer’s Internet service provider (slow connexion, interruption, heavy traffic etc.), constraints and limitations of the Internet network, particularly in terms of transmission of information data via the networks and data breach. For technical reasons, in particular maintenance or network failure, a temporary interruption of services is possible.
4. The Buyer is solely responsible for the use he makes of the Product, and cannot hold the Vendor liable for any claim and/or procedure against him arising out or linked to such use.
  The Vendor shall in no event be liable for any damages resulting from improper use of the device by the Buyer.
Data protection
1. The personal data you provide is collected and processed by Arturia the Promoter, data controller, for the purposes of administrating and delivering your purchase.
2. The recipients of your data are third parties service providers. These recipients may be located outside the European Union. In the event of transfers of your personal data outside the EU, your personal data is handled according to the Privacy Shield Framework, or in accordance with standard contractual clauses for the transfer of personal data to processors established in third countries as edicted by the European Commission signed between Arturia and the service provider.
3. In accordance with the "Informatique et Libertés" law of 6 January 1978 amended by the law of 20 June 2018 and by Ordinance No. 2018-1125 of 12 December 2018 on the protection of individuals with regard to the processing of personal data, each participant has the right to access, modify, withdraw, transfer and limit the processing, to oppose the processing and to define the post-mortem fate of its personal by e-mail by contacting https://www.arturia.com/support/askforhelp identifying the data concerned, attaching a copy of a valid ID.
4. If, after contacting us, you believe that your rights to your data are not complied with, you may file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).
5. For more details of our use of personal data please read our Privacy Policy, visit https://www.arturia.com/support/privacypolicy
Governing law. Court jurisdiction
1. All disputes relating to the General Conditions are subject to the laws of France. In the event of a dispute, French courts shall have sole jurisdiction.
2. Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
  This platform is available at the following link: https://webgate.ec.europa.eu/odr/
Validity of the General Conditions
If one of the clauses of the General Conditions is considered invalid, illegal or inapplicable, the validity, legality and applicability of all the other clauses shall in no way be affected or altered. In such event, the Parties agree to substitute a valid and enforceable provision therefore which, as nearly as possible, achieves the desired legal and economic effect and mutual understanding of the Parties under this General Conditions.
Surviving clauses
The articles 6, 8, 11, 14, 15, 16 and 17 of these General Conditions shall survive termination of the contractual relations between the Vendor and the Buyer whatever the cause or form thereof.

Annex 1 Withdrawal online form

About
Contact