TERMS AND CONDITIONS OF SALE

Rhythms & Roots — www.rythmesroots.com

General provisions
Products and availability
Orders
Prices
Payment
Delivery
Right of withdrawal
Guarantees
Retention of title
VAT and intra-community sales
Liability
Personal data, cookies and intellectual property
Mediation and dispute resolution
Final provisions
Workshop services
Contact

1. GENERAL PROVISIONS

1.1 Seller identification

Trading name: Rhythms & Roots
Legal form: Sole trader (natural person)
VAT number: LU35615162
Business licences: 10164582/3, 10164582/4, 10164582/5
Email: [email protected]

1.2 Purpose

These Terms and Conditions of Sale (the "Terms") govern the contractual relationship between Rhythms & Roots (the "Seller") and any natural or legal person (the "Customer") who wishes to:

purchase physical products through the website www.rythmesroots.com (articles 2 to 10);
purchase downloadable digital content, such as a guide in PDF or EPUB format, through the same website (articles 2 to 10, provisions specific to digital content);
entrust an instrument to the workshop for setup, maintenance or electronics work (article 15).

Articles 1, 11 to 14 and 16 apply to all contractual relationships.

These Terms comply with Luxembourg law and European law, in particular:

the Luxembourg Consumer Code;
Directive 2011/83/EU on consumer rights;
Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content;
the Luxembourg Civil Code.

1.3 Acceptance

Placing an order implies unreserved acceptance of these Terms, which prevail over any other document. The Customer acknowledges having read and accepted them by ticking the box provided for this purpose before final confirmation of the order. For workshop services, acceptance results from the Customer's written agreement to the quote or to the intake form.

2. PRODUCTS AND AVAILABILITY

2.1 Description

The Seller offers traditional, ethnic and folk musical instruments, musical accessories, and downloadable digital content (guides and methods). Products are described as accurately as possible. Photographs and illustrations are as faithful as possible but are not contractually binding.

2.2 Availability

Offers of physical products are valid while stocks last. If a product becomes unavailable after the order has been placed, the Customer will be informed as soon as possible and may choose between:

cancellation with a full refund;
replacement with an equivalent product;
being placed on a waiting list.

Digital content is not subject to stock limits.

2.3 Digital content

Digital content is supplied as files to download, without any physical medium. The page of each product specifies:

the language of the edition, the number of pages and the content of the archive (for example: guide in PDF format, guide in EPUB format, protocol in PDF format);
the file formats supplied and the download conditions.

Compatibility: PDF files open with any common PDF reader on a computer, tablet or phone. EPUB files open with reading applications that support this format (Apple Books, Google Play Books, Kobo and Tolino e-readers, Kindle via Amazon's Send to Kindle service). Files are delivered in a ZIP archive, which current operating systems open without additional software. The files carry no technical protection measures (DRM).

Before ordering, the Customer is responsible for checking that they have equipment able to open these formats.

3. ORDERS

3.1 Process

The Customer selects products and adds them to their basket. Before final confirmation, they can check the details and total price and correct any errors. Confirmation of the order constitutes proof of the contract of sale and acceptance of these Terms.

Where the order includes digital content, the Customer, by confirming the order, expressly requests immediate supply of that content and acknowledges that they lose their right of withdrawal as soon as supply begins, in accordance with article 7.6.

3.2 Confirmation

A confirmation email setting out the details of the order, the total amount and the estimated delivery times is sent as soon as the order is confirmed. For digital content, this confirmation restates the Customer's express consent to immediate supply and their waiver of the right of withdrawal.

3.3 Archiving

The Seller archives contractual documents (order forms, invoices) on a reliable medium in accordance with Luxembourg law. The Customer may access them on request.

4. PRICES

4.1 Product prices

Prices are shown in euros (EUR), all taxes included, including VAT at the applicable rate. Delivery charges for physical products are invoiced in addition and shown before the order is confirmed. Digital content carries no delivery charges.

4.2 Changes

The Seller reserves the right to change its prices at any time. Products are invoiced at the price in force when the order is confirmed.

4.3 Invoicing

An electronic invoice is sent on dispatch for physical products, and as soon as payment is confirmed for digital content. A paper invoice can be sent on request.

4.4 Prices of workshop services

Workshop service rates are shown in euros, all taxes included, on the Workshop page of the website. How they are calculated and invoiced is set out in article 15.

5. PAYMENT

5.1 Payment methods

Payment is made at the time of ordering by:

bank card (Visa, Mastercard, American Express);
PayPal.

5.2 Security

Transactions are secured in accordance with PCI-DSS standards. The Seller does not store any bank details.

5.3 Order processing

The order is processed only after confirmation of full payment. In the event of non-payment, the Seller reserves the right to suspend or cancel delivery. The download link for digital content is activated only after payment has been confirmed.

6. DELIVERY

6.1 Delivery area

The Seller delivers physical products mainly within the European Union. Deliveries outside the EU are possible on request, with customs duties and import taxes payable by the Customer. Digital content can be accessed from any country.

6.2 Delivery times

Indicative delivery times are shown on the product page and when the order is confirmed. They do not constitute a contractual commitment.

Average observed delivery times:

European Union: 5–10 working days
Outside the EU: 10–20 working days
Digital content: immediately after payment is confirmed

6.3 Delivery arrangements

Physical products are delivered to the address given by the Customer when ordering. The Customer undertakes to provide a complete and accurate address.

6.4 Receipt

The Customer must check the condition of the parcel in the presence of the carrier. In the event of damage, they must record precise reservations on the delivery note and confirm them to the carrier by registered letter within 48 hours.

6.5 Failed delivery

If an order is not delivered within the stated time, the Customer contacts Customer Service. If the order is found to be definitively lost after investigation, the Seller will refund or resend it.

6.6 Supply of digital content

As soon as payment is confirmed, the Customer receives a personal download link at the email address given when ordering. This link is also available from their customer account, under Order history.

The link is valid for 30 days from confirmation of payment and allows 3 downloads.
The content is deemed supplied as soon as the link is made available to the Customer.
The Customer is responsible for saving the files to their own devices or storage from the first download. The Seller does not keep the files on the Customer's behalf beyond the period of validity of the link.
If the Customer does not receive the link, if it does not work, or if a file is damaged, they contact Customer Service quoting their order number. The Seller will provide a new link or a corrected file free of charge.

7. RIGHT OF WITHDRAWAL (CONSUMERS)

7.1 Period

In accordance with Directive 2011/83/EU and Luxembourg law, a consumer Customer has 14 calendar days from receipt of the product to exercise their right of withdrawal, without giving any reason or paying any penalty. For digital content, this period runs from the conclusion of the contract, subject to article 7.6. The right of withdrawal applicable to workshop services is set out in article 15.7.

7.2 Exercising the right

The Customer notifies their decision to withdraw by email to [email protected], or by any other unequivocal statement setting out their decision to withdraw.

7.3 Returning products

Physical products must be returned complete, preferably in their original packaging, within 14 days of the notice of withdrawal. Return costs are borne by the Customer, except where the product is defective or was delivered in error.

The Customer may handle the product as far as necessary to establish its nature, characteristics and functioning. They are liable only for any diminished value resulting from other handling, under the conditions set out in the Returns Policy.

7.4 Refund

The Seller refunds all sums paid (price plus initial delivery charges, based on the least expensive standard delivery method) within 14 days of the notice of withdrawal, using the same means of payment as for the order. For physical products, the Seller may withhold the refund until it has received the returned products or proof of their dispatch.

7.5 Exceptions

The right of withdrawal does not apply to:

products made to measure or personalised;
products liable to deteriorate rapidly;
unsealed audio or video recordings;
digital content not supplied on a tangible medium, where performance has begun with the Customer's prior express consent and their acknowledgement that they thereby lose their right of withdrawal (see article 7.6);
services fully performed before the end of the withdrawal period, with the Customer's prior express consent (see article 15.7).

7.6 Digital content

Digital content is supplied immediately after payment. By confirming an order that includes digital content, and by ticking the box provided for this purpose, the consumer Customer:

expressly requests that supply of the content begin before the end of the withdrawal period;
acknowledges that they lose their right of withdrawal as soon as supply has begun, that is, as soon as the download link is made available.

This consent and acknowledgement are confirmed to the Customer in the order confirmation email. They do not deprive the Customer of the guarantees set out in article 8.4.

8. GUARANTEES

8.1 Legal guarantee of conformity

The Seller is bound by the legal guarantee of conformity (articles 1604 et seq. of the Luxembourg Civil Code and articles L.212-1 et seq. of the Luxembourg Consumer Code). The Customer has 2 years from delivery of the goods to take action.

During this period, the Customer may obtain repair or replacement of the goods or, failing that, a price reduction or termination of the contract.

8.2 Guarantee against hidden defects

The Seller is bound by the guarantee against hidden defects (articles 1641 et seq. of the Luxembourg Civil Code). The Customer acts under the conditions and within the time limits set out in article 1648 of the Luxembourg Civil Code.

8.3 Making a claim

To make a guarantee claim, the Customer contacts Customer Service, providing the order number, a description of the defect, photographs if necessary and proof of purchase. The guarantees applicable to workshop services are set out in article 15.10.

8.4 Conformity of digital content

The Seller guarantees that the digital content supplied conforms to its description on the product page, in particular as to language, content of the archive and file formats, in accordance with Directive (EU) 2019/770 and the provisions of the Luxembourg Consumer Code transposing it. In the event of a lack of conformity (a missing or unreadable file, or one that does not match the description), the Customer reports it to Customer Service. The Seller will bring the content into conformity free of charge within a reasonable time, normally by supplying a corrected file. Failing that, the Customer may obtain a price reduction or termination of the contract with a refund.

Any updates to digital content (error corrections, revised edition) may be supplied free of charge to Customers who bought the previous version, without the Seller being bound to do so beyond what is required to bring the content into conformity.

9. RETENTION OF TITLE

In accordance with articles 1583 et seq. of the Luxembourg Civil Code, the Seller retains full ownership of the physical products sold until full payment of the price, including any ancillary amounts. Transfer of ownership is suspended until all sums due have actually been received.

However, the risk of loss or damage to the products passes to the Customer on delivery. In the event of non-payment, the Seller reserves the right to demand the return of the products delivered, without prejudice to any damages.

Digital content involves no transfer of ownership: the Customer acquires a right of use under the conditions of article 12.

10. VAT AND INTRA-COMMUNITY SALES

10.1 Applicable VAT regime

As a business established in Luxembourg (VAT no. LU35615162), the Seller applies Luxembourg VAT at the applicable rate to all its sales, unless otherwise provided under the European Union's OSS (One Stop Shop) scheme.

10.2 Sales to EU consumers

In accordance with Directive (EU) 2017/2455 and the implementing regulation applicable since 1 July 2021, where total cross-border sales to EU consumers exceed the threshold of EUR 10,000 per year, the VAT of the consumer's country of destination applies. In that case:

the applicable VAT rate is that of the consumer's country of delivery;
the price shown including tax reflects that rate;
VAT is declared and paid through the Luxembourg OSS.

10.3 Sales outside the EU

For deliveries of physical products outside the European Union, sales are exempt from Luxembourg VAT (export). Customs duties and import taxes specific to the country of destination may apply and are payable solely by the Customer.

10.4 Workshop services

Workshop services are performed in Luxembourg and are subject to Luxembourg VAT at the applicable rate.

10.5 Digital content

Digital content is subject to the VAT applicable to electronic books. For consumers in the European Union, the applicable rate is determined under the rules of article 10.2, based on the Customer's country of residence as established from the billing address given when ordering. For Customers residing outside the European Union, EU VAT does not apply; local taxes may be due under the law of the country of residence.

11. LIABILITY

11.1 Limitation

The Seller cannot be held liable for indirect damage (loss of profit, etc.), delivery delays due to circumstances beyond its control, inappropriate use of the products or misinterpretation of their characteristics. This limitation does not apply to damage resulting from the Seller's fault, nor to the rights the consumer holds under the law.

11.2 Force majeure

The Seller cannot be held liable for any delay or failure to perform resulting from force majeure within the meaning of Luxembourg and European case law.

11.3 Guides and methods

The guides and methods sold by the Seller describe adjustments and maintenance operations carried out by the Customer themselves, under their sole responsibility. The warnings and limits of use set out in each guide form an integral part of the information provided to the Customer. The Seller cannot be held liable for damage caused to an instrument by work carried out by the Customer or a third party, nor for the consequences of such work on the instrument manufacturer's warranty. This limitation does not apply to damage resulting from an error in the guide attributable to the Seller, nor to the rights the consumer holds under the law.

12. PERSONAL DATA, COOKIES AND INTELLECTUAL PROPERTY

Personal data collected in connection with orders and workshop services is processed in accordance with the GDPR and the Luxembourg law of 1 August 2018. For detailed information on your rights and on cookie management, please see:

Privacy Policy — collection, use and protection of your data
Cookie Policy — management of cookies and trackers

All elements of the Site (texts, images, logos, trademarks, etc.) are protected by intellectual property rights and belong to the Seller or its partners. Any unauthorised reproduction or use is strictly prohibited. For further details, see the Legal Notice.

12.1 Licence to use digital content

Purchasing digital content grants the Customer a personal, non-exclusive and non-transferable right of use, for an unlimited period. The Customer may:

save the files to their own devices and storage;
print the content, in whole or in part, for their personal use.

The following are prohibited without the Seller's prior written consent: reselling, lending, renting, sharing or making the files available to third parties, in particular online or through file-sharing networks; reproducing or adapting the content for distribution; using the content for commercial purposes or for paid training. Any unauthorised use constitutes infringement.

13. MEDIATION AND DISPUTE RESOLUTION

13.1 Amicable settlement

In the event of a dispute, the Customer first contacts Customer Service at [email protected] to seek an amicable solution.

13.2 Consumer mediation

If no amicable solution is found, the consumer Customer may refer the matter free of charge to the competent out-of-court dispute resolution body:

Service national du Médiateur de la consommation (National Consumer Ombudsman)
6, rue du Palais de Justice — L-1841 Luxembourg
Tel.: (+352) 46 13 11 | www.mediateurconsommation.lu

13.3 Cross-border disputes

A consumer Customer residing in another EU Member State can obtain free assistance from the:

European Consumer Centre Luxembourg
271, route d'Arlon — L-1150 Luxembourg
Tel.: (+352) 26 84 64 1 | www.cecluxembourg.lu

13.4 Jurisdiction

Failing an amicable settlement, any dispute falls within the jurisdiction of the Luxembourg courts. For consumers, the protective provisions of Regulation (EU) No 1215/2012 (Brussels I bis) apply, allowing them to bring proceedings before the courts of their place of domicile.

14. FINAL PROVISIONS

14.1 Entire agreement and severability

These Terms constitute the entire agreement between the Seller and the Customer. If one or more provisions are declared void, the others remain in full force and effect.

14.2 No waiver and amendments

The Seller's failure to rely on a clause does not amount to a waiver of the right to rely on it later. The Seller reserves the right to amend these Terms at any time; the applicable Terms are those in force when the order is placed or the quote accepted.

14.3 Governing law and language

These Terms are governed by Luxembourg law and European law. They are drafted in French; this English version is a translation, and in the event of any discrepancy only the French version is authoritative.

15. WORKSHOP SERVICES

15.1 Scope

The Rhythms & Roots workshop carries out setup, maintenance and electronics work on guitars and basses, in Luxembourg, under the business licences listed in article 1.1. This work involves no intervention on the structure or wood of the instrument. Details and rates are given on the Workshop page of the website.

15.2 Appointments and quotes

The workshop accepts instruments by appointment only, for both drop-off and collection.

A quote is drawn up free of charge after a visual inspection of the instrument.
An in-depth technical diagnosis, in particular for an electronic fault, is charged at €20. This amount is deducted from the invoice if the Customer accepts the work.
Any work charged at the hourly rate is subject to a prior written quote.
No additional work is carried out without the Customer's prior consent.

15.3 Prices and invoicing

Services are invoiced at the rates, all taxes included, in force on the date the quote is accepted:

Packages and individual services are invoiced at the stated price.
Time-based work is invoiced at the standard hourly rate (€45/h) or specialised rate (€75/h), with a minimum of one hour, then in 30-minute increments.
Parts and supplies (strings, pickups, components) are invoiced at cost plus 15%.
Urgent service within 48 hours: €20 surcharge on package services. Urgent time-based work is invoiced at the specialised rate, with no surcharge.

15.4 Deposit and payment

A deposit of 30% is required for work exceeding €100. The balance is payable when the instrument is returned. The workshop may retain the instrument until all sums due have been paid in full.

15.5 Lead times

The standard lead time is 5 to 10 working days from drop-off of the instrument or acceptance of the quote. This lead time is indicative and may depend on the availability of parts. The Customer is informed of any delay.

15.6 Collection and return

By appointment, the workshop can collect the instrument from the Customer's home or workplace and bring it back, within Luxembourg only:

Collection and return (two round trips): €60
Collection or return only (one round trip): €35

15.7 Right of withdrawal

Where the service is agreed at a distance or off-premises, in particular during a home collection, the consumer Customer has 14 calendar days from the conclusion of the contract to withdraw, under the conditions of article 7.2.

If the Customer expressly requests that the work begin before the end of this period, their consent is obtained in writing. If they withdraw, they remain liable for the amount corresponding to the work already carried out. Once the service has been fully performed with their express consent, they acknowledge that they lose their right of withdrawal.

15.8 Custody of the instrument

The condition of the instrument is recorded jointly when it is taken in. The workshop looks after the instrument with care from intake until return, including during transport in the case of collection. It is liable for damage attributable to it, but not for normal wear or for pre-existing defects noted at intake.

15.9 Uncollected instruments

Any instrument not collected 30 days after notice that the work is complete will be the subject of a formal notice. After that period, storage charges of €10 per month may be invoiced.

15.10 Guarantee on services

The workshop undertakes to carry out its services with care and in accordance with good practice. The Customer reports any defect as soon as possible to [email protected]. The workshop will then redo the work concerned free of charge if the defect is attributable to it. Parts fitted benefit from the legal guarantee of conformity under article 8.1. As setups can change with variations in humidity, temperature or string tension, such variations do not constitute a defect in the service.

16. CONTACT

For any question about these Terms, an order or a workshop service:

Email: [email protected]