Terms of Sales

 

Please note that, depending on your country of location, certain royalties may be applicable to the broadcasting of our playlists. This applies in particular to royalties on neighbouring rights. These billings by performing rights organisations are sometimes questionable, but depend also on national legislation. For further information, please contact us by e-mail at info@webradiostore.fr

Article 1 – Terms of Sale jurisdiction and definitions

These Terms of Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms of Sale of the current website.

The below listed words define :

  • « Site » or « website » : the website http://www.webradiostore.fr and all its pages.
  • « Publisher » : the legal or natural person responsible for editing and publishing content on the site.
  • « User » : the person visiting and using the site.
  • « Products » : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
  • « Customer » : the user buying a product or service on the site.
  • « Consumer » : as defined in the European Directive on Consumer Rights, « natural persons who are acting outside their trade, business, craft or profession »

Article 2 – Terms of Sale application and site purpose

The present Terms of Sale describe the entire agreement between and the website and the customer. They may be modified at any time by the publisher or one of its representative. The Terms of Sale applicable to the user are those in effect on the date of the connection to the site.

Legal mentions concerning the website host and publisher can be found in the website Legal Notices ; web site policy regarding the gathering and use of its users data can be found in the website Privacy Policy.

The following products are sold on the site : “Subscription to webradios”.

The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms of Sale, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: “I have read and accepted the terms and conditions of this site“. Ticking this box will be considered to have the same value as a handwritten signature from the user.

The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

The acceptance of these Terms of Sale implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.

Article 3 – Webradio

The editor of the present site offers a subscription to ten “web radios” that he broadcasts online. By web radio shall be understood the broadcast of a musical programme by electronic means around the clock.

Said subscription is open to all professionals who wish to broadcast said musical programmes any place of their choice, as defined upon conclusion of the contract. The cost of this subscription is provided on the present site and is in proportion to the area in which the client wishes to broadcast the web radio.

The subscriber shall have the possibility to broadcast any one of the ten web radios, and is able to change them at any time of the day. The description of each of the three radios shall be posted on the site by the editor.

The subscription may be taken out online, on the present site by means of the form provided for said purpose. The subscriber must provide a certain number of information and make payment by secured bank card transaction. Once payment is received by the editor’s banking establishment, the latter shall send the subscriber an invoice, his broadcasting license and the access codes to his client account.
The license implies full waiver of all royalty payments or of any kind by the subscriber to the benefit of the editor; no sum of any kind may thus be demanded of the editor from the subscriber with the exception of his yearly subscription payment.

Broadcasting of the web radio by the subscriber shall be authorised, by virtue of the license that he shall have acquired, in the areas whose address he shall have given on the subscription form.
The editor reserves the right to request proof of the address and the surface area of the establishment where broadcast of the editor’s web radio shall occur, from the subscriber at any time during the contract execution period. His negligence in transmitting said proof within fifteen days of the request made by the editor makes it possible for the latter to suspend any and all access by the subscriber to the web radio service, without prior notice or special formality of any kind.

Any and all interruption of provision of service with the exception of cases of force majeure, and in particular but not exclusively due to technical failure of the system or systems of its host may not give rise to any compensation fro the subscriber, to the extent where said interruption does not exceed 10% of the yearly subscription time.
If said interruption is greater than 10% of the yearly subscription time, then the subscriber may be entitled to a reduction of the subsequent subscription which is to be paid for the following year, in proportion to the time it was unavailable.

We confirm having received all necessary authorizations from the rights holders and publishers of the playlists played via webradiostore.fr. None of our composers/producers have joined a collection society of Authors, Composers and Publishers of Music, like the SACEM, SABAM, SUISA, PRS, BMI ASCAP… or are members of foreign collection societies allowing them to independently manage their music catalog. We also confirm that no collection society of authors like the SACEM, SABAM, SOCAN, PRS, BMI ASCAP … is entitled to claim or collect fees in connection with the public performance of our playlists

Article 4 – Member account

Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information and to notify any relevant change to the Publisher.

The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.

Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.

Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.

The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases :

  • the member has knowingly provided false information during his or her registration and the creation of an account
  • the member has been inactive on the site for at least a year

Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Article 5 – Order placing and purchasing process

The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier.

The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.

The “Basket” will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them.

As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.

If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order.

Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check.

An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.

Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.

Article 6 – Prices and payment process

The prices listed in the catalog are prices shown in Euros excluding taxes (HT or excluding VAT)

MUSIC MEDIA TRACKS reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.

The user can place order on this site and pay by credit card, PayPal. The credit card payments are made through secure transactions provided by an online payment platform provider.

This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms of Sale shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.

The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.

Article 7 – Subscription period, renewal, termination

Subscription period: the contract is entered into for a fixed period of one year. Your subscription is renewable to order.

Cancellation: If you opted for automatic renewal when taking out your subscription, the contract will be renewed at the anniversary date of your initial order. The contract may be cancelled at any moment. Cancellation will be effective at the end of your annual contract, on the final day of your billing cycle.

The cancellation is made directly on the customer account. The period of notice for cancellation is 24 hours prior to the end of the period due. Simply untick the box showing your initial choice of automatic renewal.

The status of your subscription and its termination date are available on your customer account. You will receive an e-mail at the earliest 3 months and at the latest 1 month prior to the end of each notice period.

If you broadcast our playlists via an audio player, you agree to the automatic renewal of your subscription. You will receive your bill on your subscription due date. In the event of failure to pay within 7 days, you will no longer be authorised to broadcast our playlists and recovery proceedings will be instituted against you.   

You may cancel your subscription by e-mail or correspondence. The notice period for cancellation is 24 hours prior to the end of the period due.

 

Article 8 – Exceptions to the cooling-off period

The Site offers for sale the following Products, to which the customer/consumer cooling-off period does not apply, by virtue of article L.221-28 of the French Consumer Code (Code de la consommation): goods or services not entitling customers to a cooling-off period.

The Customer acknowledges having read this list, notified prior to the sale as part of these T&Cs.

Given that the Services commence immediately after the purchase and are fully performed prior to the end of the cooling-off period, it is not possible for the Customer to exercise his right of withdrawal after explicitly waiving that right. The right of withdrawal cannot be exercised as part of the provision of digital content not supplied in a material form, the delivery of which commenced prior to the end of the cooling-off period, with the Customer explicitly waiving his right of withdrawal.

 

Article 9 – Products warranty

All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;

Guarantee of conformity

According to Articles L.217-4 and following of the French Code de la Consommation, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one).

However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is a used one), it will be up to the customer to prove that the defect existed at the time of delivery.

Hidden defects guarantee

According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).

In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange it. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs related the sending of the initial order.

Article 10 – Customer service

The site customer service is available by e-mail at the following address: info@webradiostore.fr or through mail at this address 31, impasse de l’Eglise 69270 Rochetaillée-sur-Saône in case of which the publisher agrees to provide a response within 7 days.

MUSIC MEDIA TRACKS also makes available to its users and customers a hotline or helpline, to discuss their issues. The hotline can be contacted by phone at the hotline number +33(0)4 81 09 92 38.

Article 11 – Liability

The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, MUSIC MEDIA TRACKS shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.

The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).

The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :

  • any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
  • any malfunction, impossibility of access, misuse, improper configuration of the user’s computer, or for the use by the user of an unusual browser;
  • the advertisements content and other links or external sources the user may access through the site.

The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.

Article 12 – Intellectual property rights relating to information published on this site

Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.

Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.

Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

This site uses elements (images, photographs, content) whose credits go to: photo credit : fotolia © carballo © underdogstudios © lefebvre_jonathan.

Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.

Article 13 – Terms of Sale framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms of Sale describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms of Sale are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms of Sale and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Sale, shall be in the French language.

Article 14 – Eligible law and consumer mediation

These Terms of Sale are subject to the application of French law.

Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms of Sale may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.

It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.

Consumer mediation

As required in the article L.612-1 of the French Code de la consommation, MUSIC MEDIA TRACKS SARL guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.

MUSIC MEDIA TRACKS SARL offers its nonprofessional customers the mediation of the following mediator :

  • Médiateur du centre de médiation agréé Médicys
  • contact@medicys.fr
  • http://www.medicys.fr/index.php/consommateurs/

Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.

 

Terms of use

Article 1 – Terms and Conditions jurisdiction and definitions

These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.

The below listed words define :

  • « Site », « website » or « Service » : the website https://webradiostore.fr/en and all its pages.
  • « Publisher » : the legal or natural person responsible for editing and publishing content on the site.
  • « User » : the person visiting and using the site.

Article 2 – Terms and Conditions application

The present Terms and Conditions describe the entire agreement between the user and the website. They may be modified at any time by the publisher or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the connection to the site.

The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter.

For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: “I have read and accepted the terms and conditions of this site“. Ticking this box will be considered to have the same value as a handwritten signature from the user.

The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.

Article 3 – Legal Notices, Privacy Policy and site purpose

The website https://webradiostore.fr/en is published by Music Media Tracks EURL.

Legal notices concerning the website host and publisher can be found in the website Legal Notices ; web site policy regarding the gathering and use of its users data can be found in the website Privacy Policy.

The purpose of the site is the following : « Subscription to webradios ».

Article 4 – Member account

The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.

Creating an account is a prerequisite to any member contribution on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.

Data collection purpose is the creation of a member account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her contributions.

Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.

The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited to knowingly providing false information during the user registration and the creation of an account, or if the member has been inactive on the site for at least a year. Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Article 5 – Access to and availability of the website

Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation.

The publisher is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.

The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility.

The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :

  • any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
  • any malfunction, impossibility of access, misuse, improper configuration of the user’s computer, or for the use by the user of an unusual browser

Article 6 – Hypertext links

Hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws.

The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.

Article 7 – Use of cookies

Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.

The user acknowledges he or she has been informed of the use of cookies on the website, and authorizes the website and its publisher to use it. Music Media Tracks agrees to never disclose the content of these cookies to third parties, except in the course of legal proceedings. The user can refuse the use of cookies or configure his or her browser to be notified prior to their use. To do this, the user can proceed as follows :

Article 8 – Intellectual property rights relating to information published on this site

Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.

Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.

Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

This site uses elements (images, photographs, content) whose credits go to: fotolia: © viperagp © victoriap_107 © dan talson © vladimirhodac © megaflopp © olly © chettythomas © Tyler Olson © Alenavlad © Andreas Berheide © vgstudio © VTT Studio © Casther.

Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.

Article 9 – Liability

The publisher cannot be liable for any technical hindrance of the connection to the website, including but not limited to hindrance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.

Article 10 – Notices and claims

Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of this website, stating your full name, contact details and subject of the notice.

Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.

It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is possible that unauthorized modifications happen to be made by third parties on this site or related services (social networks …).

In such a case the user may contact the publisher of the website using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for the publisher to be able to contact the user back.

Article 11 – Terms and Conditions framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect.

They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Use, shall be in the French language.

Article 12 – Applicable law

These Terms and Conditions are subject to the application of French law.

Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings

It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings.

Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.

 

All rights reserved – 22 June 2017