Terms and Conditions of Sale
This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions.
None of these terms & conditions affect your statutory rights. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
1. Generality and Definition
These terms of sale are conclude between :
On one side, by 3Dvarius SAS, 87, avenue Crampel, 31400 Toulouse, France, SIRET: 81996547600016, VAT number: FR11819965476. Hereinafter called “3Dvarius”. On the other side, any legal person who wishes to buy on 3Dvarius website. Hereinafter “the customer”, "the user" or “the buyer”.
The following terms of sale aim to define the contractual relationship between 3Dvarius and the buyer as well as the applicable conditions to any purchase made through the 3Dvarius website.
The acquisition of any product or service through this website imply an unreserved acceptance of these terms of sale. These terms of sale apply excluding any other conditions. They will prevail over any other general or particular terms expressly agreed by 3Dvarius.
By placing an order on our website, you warrant that you are over the age of majority (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at the 3Dvarius store for the sale and supply of any products.
2. Products and Prices
3Dvarius reserves the right to decide, at any time, the products that are offered to users through the store. In particular, 3Dvarius may at any time add new products to those offered or included in the store, it being understood that unless otherwise provided, such new products shall be governed by the provisions of these General Conditions. Likewise, the company reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different kinds of products offered in the store.
The products included in the store shall match, as truly as the website display technology allows, the products effectively offered. However, pictures from non professional instruments or bows may be slightly different due to their handmade nature.
The offered products and services are the ones present in the 3Dvarius store. Some products are custom-made. In this particular case, the making is launched when the order is paid. However, it can happen numerous orders are made at the same time which can lead to production delays. In that case the customer will be informed of the delay duration by e-mail.
The prices indicated in the store can be shown in Euros (€) only, appearing with VAT or without VAT depending of your geographic position (no VAT for non-EU territories). The buyer will have to assume the tariff costs of their country, unless he is from the European Union, in this case the taxes will be included at the time of purchase.
We inform you that in case of an erroneous and/or manifestly derisory price and whatever the reason (informatic bug, technical or manual error, etc.), the order will be canceled even in case of initial validation. The option to the customer to pay the actual amount of the products will be offered.
3. Order and payment
All products remain the 3Dvarius store's property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under over the age of majority, you must have parents' permission to buy from the 3Dvarius store.
3Dvarius shall send an e-mail to the buyer confirming the purchase. This e-mail shall give a purchase reference code and shall give detail of the characteristics of the product (price, shipping costs, etc.)
The buyer who purchases a product through the store must make the payment using the payment options specifically detailed in the store. Payments made by bank transfer may be paid in up five (5) days, after this period the product will be added in stock again.
Payment can be done by credit card, Paypal or wire transfer. All transfers conducted through the 3Dvarius store are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway choosen for the transaction as they are responsible for the transactions made.
By making a pre order, you have secured the approximate priority for taking delivery of your instrument (the date of delivery will be communicated by email after any reservation). Your reservation becomes effective when (1) you place your reservation and (2) we receive your reservation payment. While this reservation secures the approximate delivery priority, and if the complete payment isn't done, it does not constitute the purchase or order of a music instrument.
When the start of production nears, we will contact you and create an order for your instrument. You will receive a purchase agreement indicating the purchase price, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees.
If you proceed with the order, we will apply your reservation payment towards the order payment. Until you enter into a purchase agreement, your reservation may be cancelled at any time, in which case you will receive a full refund of your reservation payment.
You understand that we will not hold your reservation payment separately or in an escrow or trust fund or pay any interest on your reservation payment.
Custom and Special Orders
We accept to customize and personalize your instruments or accessories. You understand that this kind of customization takes time and we have to prepare your music instrument or accessories. We cannot offer our standard returns policy or refunds on custom or special orders.
When ordering electronic devices, like multi-effects processors, please be aware of the voltage of electric power in your location. Our products are sent with a French plug (C or E type) and adapted to 220-240 volts. Most of our products can be used in any country but you will have to replace the electric cable to be able to connect it your plugs. Please check how is working the product and if it is compatible with the voltage of your location. If it is not, you can still use a voltage adapter to use gear safely.
The geographical area of sales through the store is worldwide. Products bought through the store shall be sent to the delivery address stated by the user once payment has been verified.
Orders are prepared as fast as possible after reception of the confirmation.
3Dvarius delivery service is performed in collaboration with a number of logistics operators of acknowledged prestige. Orders shall not be sent to Post Office boxes, hotels or other non-permanent addresses.
The shipping & handling cost is not included in the price of the products (unless mentioned on the product page). At the time of purchase of the product, the customer shall be informed of the exact shipping & handling costs. 3Dvarius guarantees the processing and shipping of products during the days after the reception of the payment (unless mentioned on the product page, especially for customized product).
If the customer had a delivery problem, an investigation may be opened at the request of the customer. An investigation of a transporter can take up to 21 business days. If, during this period, 3Dvarius finds the product(s), they will be sent immediately to the delivery address indicated in the order. Otherwise, if 3Dvarius cannot locate your products at the end of this investigation period, and if the problem is directly linked to a fault attributable exclusively to 3Dvarius or to the carrier, 3Dvarius will send the product or products ordered at its expense.
5. Local Taxes
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense. 3Dvarius is not responsible for the customs costs that the customer has to pay to receive his order.
We cannot estimate these taxes because they are different in all countries. But many governments offer online taxes calculators. You may need to know the HTS (Harmonized Tariff Schedule) code for the product(s) you are importing. We are using:
- 9207.90.90.00 - Musical Instruments, The Sound Of Which Is Produced, Or Must Be Amplified, Electrically, Others
- 9209.94.00 - Parts and accessories for music instruments
Import fees cannot apply in Europe because we are sending all orders from France.
6. Additional Information
3Dvarius reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, 3Dvarius has the right to cancel the order and refund any amount paid in the best way. 3Dvarius shall also notify the customer of equivalent replacement products if available.
7. Return policy
You are entitled to an exchange or refund within 14 days of your purchase (unless mentioned on the product page). Please note that the product must be returned unused, in original packaging including all tags (unless mentioned on the product page). In case of refund neither the original shipping cost nor the return shipping cost will be repaid (unless mentioned on the product page).
To use his right to waive the purchase, the buyer may contact 3Dvarius and waive the purchase within a period of no more than 15 days as of the product reception (unless mentioned on the product page). The product should be sent together with the fully completed return form and a fully completed copy of the delivery note or of the invoice thereof. The buyer must return the product within the maximum term of 15 days after 3Dvarius indicates the buyer to do so.
The waiver right may not be exercised if the product is not returned in its original packaging and when the product is not in perfect conditions.
If duties were paid, they cannot be refunded by 3Dvarius but by the custom services of your country. You have to contact them and inform them that the product was return. They will ask a proof of return. To get this proof of return, you may return your purchase by respecting our returns policy. The buyer is responsible for the cost of return shipping.
8. Warranties and Customer Care Service
The legal compliance warranty is defined by the articles L 217-4 to L217-14 of the French consumer code and the legal warranty towards non-compliance and hidden defects are defined by the articles 1641 to 1649 of the French civil code. In case of non-compliance of the product or hidden defects 3Dvarius will take over the return costs.
Our music instruments are two-year-contractual guarantee. If your instrument is showing signs of a possible defect within the period and terms of the warranty, please contact us regarding the issue.
For any defect, claim or exercise of his rights, the user may send an email by using our contact form, or contact us by phone.
Before giving its approval to take care of the guaranteed product 3Dvarius will proceed to the following verifications:
- The product is conform to the product ordered by the customer without damages or particular modifications
- The defectiveness declared by the customer is not a result of a misuse of the ordered product, normal wear and tear of the product or an accidental event possibly caused by an outsider
In case of confirmation of care decided by 3Dvarius only. In the name of this guarantee, 3Dvarius engages to exchange the product that is apparently defective.
The returns in metropolitan France can only be done when the after-sale service gives its approval by sending a pre-paid return voucher. After receipting the return voucher sent by e-mail by our after-sale service the customer has 15 days to send the product back. Thus, 3Dvarius will proceed to the exchange with an equivalent-characteristic product or with a credit note valid for one year.
Events outside 3Dvarius control, which is not reasonably foreseeable, shall be considered force majeure, meaning that 3Dvarius is released from its obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
During the online selling process the seller is only obliged to provide an obligation of means – its responsibility can only be engaged for a damage resulting from the Internet network use such as the loss of data, intrusion, virus, service rupture or other involuntary problems.
3Dvarius wouldn’t be held responsible for any indirect or direct damages, operating loss, profit loss or supplementary cost resulting from products bought in order to satisfy professional needs.
3Dvarius reserves the possibility to modify these terms of sale at any time. In this case, the applicable conditions will be the current one at the ordering date.