GENERAL TERMS AND CONDITIONS OF SALE

Rhythms & Roots — www.rythmesroots.com

General provisions
Products and availability
Ordering
Prices
Payment
Delivery
Right of withdrawal
Warranties
Retention of title
VAT and intra-EU sales
Liability
Personal data, cookies and intellectual property
Mediation and dispute resolution
Final provisions
Contact

1. GENERAL PROVISIONS

1.1 Seller identification

Trading name: Rhythms & Roots
Legal form: Sole trader
VAT number: LU35615162
Business licences: 10164582/3, 10164582/4, 10164582/5
Email: contact@rythmesroots.com

1.2 Purpose

These General Terms and Conditions of Sale (GTC) govern the contractual relationship between Rhythms & Roots (hereinafter "the Seller") and any individual or legal entity wishing to make a purchase through the website www.rythmesroots.com (hereinafter "the Customer").

The GTC comply with Luxembourg and European law, in particular:

The Luxembourg law of 11 August 2018 on consumer protection
Directive 2011/83/EU on consumer rights
The Luxembourg Civil Code

1.3 Acceptance

Every order implies full and unreserved acceptance of these GTC, which take precedence 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.

2. PRODUCTS AND AVAILABILITY

2.1 Description

The Seller offers traditional, ethnic and folk musical instruments, as well as musical accessories. Products are described as accurately as possible. Photographs and illustrations are as faithful as possible but are not contractually binding.

2.2 Availability

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

Cancellation with full refund
Replacement with an equivalent product
Being added to a waiting list

3. ORDERING

3.1 Process

The Customer selects products and adds them to the cart. Before final confirmation, the Customer may review the order details and total price and correct any errors. Confirming the order constitutes proof of the sale contract and constitutes acceptance of these GTC.

3.2 Confirmation

A confirmation email summarising the order details, total amount and estimated delivery times is sent immediately upon validation.

3.3 Archiving

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

4. PRICES

4.1 Product prices

Prices are shown in euros (EUR), inclusive of all taxes (VAT included), including Luxembourg VAT at the rate in force. Delivery costs are charged separately and are shown before the order is confirmed.

4.2 Changes

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

4.3 Invoicing

An electronic invoice is sent at the time of dispatch. A paper invoice can be sent on request.

5. PAYMENT

5.1 Methods

Payment is made at the time of ordering by:

Credit or debit card (Visa, Mastercard, American Express)
PayPal

5.2 Security

Transactions are secured in accordance with PCI-DSS standards. The Seller does not retain any banking data.

5.3 Order processing

Orders are processed only after full payment has been confirmed. In the event of non-payment, the Seller reserves the right to suspend or cancel the delivery.

6. DELIVERY

6.1 Delivery area

The Seller delivers primarily within the European Union. Deliveries outside the EU are available on request; any customs duties and import taxes are borne exclusively by the Customer.

6.2 Timeframes

Indicative delivery times are specified on the product page and at checkout. These timeframes are not a contractual commitment.

Average observed delivery times:

European Union: 5–10 working days
Outside the EU: 10–20 working days

6.3 Conditions

Products are delivered to the address provided by the Customer at the time of 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, precise reservations must be noted on the delivery note and confirmed by registered letter to the carrier within 48 hours.

6.5 Non-delivery

In the event of non-delivery within the expected timeframe, the Customer should contact the Customer Service team. If the order is definitively lost following an investigation, the Seller will arrange a refund or reshipment.

7. RIGHT OF WITHDRAWAL (CONSUMERS)

7.1 Timeframe

In accordance with Directive 2011/83/EU and Luxembourg law, consumer Customers have 14 calendar days from receipt of the product to exercise their right of withdrawal, without having to give any reason or pay any penalty.

7.2 Exercise

The Customer notifies their decision to withdraw by email to: contact@rythmesroots.com

7.3 Return of products

Products must be returned in their original packaging, complete, unused and in perfect resaleable condition, within 14 days of notifying withdrawal. Return costs are borne by the Customer, except in the case of a defective product or delivery error.

7.4 Refund

The Seller will refund all amounts paid (price + original delivery costs) within 14 days of receiving the returned products or proof of dispatch, using the same payment method as that used for the order.

7.5 Exceptions

The right of withdrawal does not apply to:

Products made to order or personalised
Products liable to deteriorate rapidly
Unsealed audio or video recordings

8. WARRANTIES

8.1 Legal warranty of conformity

The Seller is bound by the legal warranty of conformity (Articles 1604 et seq. of the Luxembourg Civil Code and Articles L.217-4 et seq. of the European Consumer Code). The Customer has 2 years from delivery of the goods to bring a claim.

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

8.2 Warranty against hidden defects

The Seller is bound by the warranty against hidden defects (Articles 1641 et seq. of the Luxembourg Civil Code). The Customer has 2 years from the discovery of the defect to bring a claim.

8.3 Making a warranty claim

To make a warranty claim, the Customer contacts the Customer Service team providing the order number, a description of the defect, photographs where relevant and proof of purchase.

9. RETENTION OF TITLE

In accordance with Articles 1583 et seq. of the Luxembourg Civil Code, the Seller retains full ownership of the goods sold until full payment of the price, in principal and accessories, has been received. The transfer of ownership is suspended until all amounts due have been effectively collected.

However, the risk of loss or deterioration of the goods passes to the Customer upon delivery. In the event of non-payment, the Seller reserves the right to reclaim the delivered goods, without prejudice to any claim for damages.

10. VAT AND INTRA-EU SALES

10.1 Applicable VAT regime

As a business established in Luxembourg (VAT no. LU35615162), the Seller applies Luxembourg VAT at the rate in force to all its sales, unless otherwise required under the OSS (One Stop Shop) regime of the European Union.

10.2 Sales to EU consumers

In accordance with Directive (EU) 2017/2455 and the implementing regulation applicable since 1 July 2021, when the total value of cross-border sales to EU consumers exceeds the threshold of €10,000 per year, the VAT of the consumer's destination country applies. In such cases:

The applicable VAT rate is that of the consumer's country of delivery
The all-inclusive price displayed takes this rate into account
VAT is declared and remitted through the Luxembourg OSS portal

10.3 Sales outside the EU

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

11. LIABILITY

11.1 Limitation

The Seller shall not be liable for indirect damages (loss of profit, etc.), delivery delays due to circumstances beyond its control, improper use of products or misinterpretation of their characteristics.

11.2 Force majeure

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

12. PERSONAL DATA, COOKIES AND INTELLECTUAL PROPERTY

The processing of personal data collected in connection with orders is carried out in accordance with the GDPR and the Luxembourg law of 1 August 2018. For full information on your rights and cookie management, please consult:

Privacy Policy — collection, use and protection of your data
Cookie Policy — cookie and tracker management

All elements of the Website (text, 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, please consult the Legal Notice.

13. MEDIATION AND DISPUTE RESOLUTION

13.1 Amicable resolution

In the event of a dispute, the Customer should first contact the Customer Service team at contact@rythmesroots.com to seek an amicable solution.

13.2 Consumer mediation

If no amicable resolution can be reached, consumer Customers may have free recourse to a mediator:

Union Luxembourgeoise des Consommateurs (ULC)
55, rue des Bruyères — L-1274 Howald — Luxembourg
Tel.: (+352) 49 60 22 - 1 | www.ulc.lu

Centre Européen de la Consommation (CEC)
Bahnhofsplatz 3 — 77694 Kehl — Germany
www.cec-zev.eu

13.3 European ODR platform

In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr/

13.4 Jurisdiction

Failing an amicable resolution, any dispute shall fall under the jurisdiction of the Luxembourg courts. For consumers, the protective provisions of Regulation (EU) No 1215/2012 (Brussels I bis) apply, allowing proceedings to be brought before the courts of the consumer's place of domicile.

14. FINAL PROVISIONS

14.1 Entire agreement and severability

These GTC constitute the entire agreement between the Seller and the Customer. If one or more provisions are declared void, the remaining provisions shall retain their full force and effect.

14.2 Non-waiver and amendments

The Seller's failure to invoke any clause shall not constitute a waiver of its right to do so at a later date. The Seller reserves the right to amend these GTC at any time; the GTC applicable are those in force at the time the order is placed.

14.3 Applicable law and language

These GTC are governed by Luxembourg and European law. They are drawn up in French; in the event of translation, only the French version shall prevail.

15. CONTACT

For any question relating to these GTC or to an order:

Email: contact@rythmesroots.com