GENERAL CONDITIONS OF SALES
The goal of these conditions is to define the relationship between MUSICJAG and the CUSTOMER using the foley-library.com web site managed by MUSICJAG.
These conditions are considered to be accepted in their entirety. It is understood that these conditions apply to the CUSTOMER’s current purchase and use of files sold by MUSICJAG as well as to all future purchases and uses unless expressly specified.
It is understood that the CUSTOMER has read and accepted these conditions in their entirety prior to making a purchase.
Article 1: Modes of PaymentPurchase is to be made directly through the use of PayPal services. After MUSICJAG receives receipt of payment, an invoice is sent by e-mail.
The CUSTOMER may also purchase by check (made to the order of MUSICJAG, sent to 50 rue Maurice Berteaux 95120 Ermont France) or by bank transfer (made to LA BANQUE POSTALE - CENTRE DE PARIS, 75900 PARIS CEDEX 15 - RIB: 20041-00001-2638312L020-78). In these instances, the CUSTOMER must request and approve the purchase order.
Notwithstanding special conditions, if payment is made by check or bank transfer, total payment must be made at the receipt of the invoice.
Article 3: Interest Charged for Late PaymentsAll late invoice payments will be subject to an interest charge at the rate of one-and-a-half times that of the current legal interest rate in force during the time period and this will be applied without advance notice.
Article 4: Copyrights and Limits of UseAfter payment for the files, the CUSTOMER becomes a NON-EXCLUSIVE LICENSEE OF THE RIGHTS TO USE these files purchased for any synchronization in any area of audiovisual production: multimedia, film, TV, radio, live shows or other situations employing sound tracks or public address systems.
The CUSTOMER is authorized to duplicate, rearrange, edit, mix and add effects to the contents of the purchased files. The CUSTOMER agrees to not give or re-sell the files in the condition in which they were bought except insofar as they appear in the CUSTOMER\’S synchronizations.
When PayPal notifies Musicjag of payment receipt, Musicjag sends the Customer an e-mail that includes the link and the password necessary to download the purchased files. The Customer downloads the files through FTP (File Transfer Protocol). The CUSTOMER is responsible for knowing and mastering this technology.
Article 6: Joint and Several LiabilityThe CUSTOMER, who enters into a contract of Rights to Use, does so in his/her own name or as a representative for another end user, who or which is responsible for paying the MUSICJAG invoices.
Article 7: Use Rights Take EffectMUSICJAG authorizes file use only at full payment of the corresponding invoice. As a consequence, any file use before MUSICJAG receives full payment and not respecting the sales conditions specified above in article 4 is liable for copyright infringement.
Article 8: Customer Purchase Conditions and RetractionAccording to Article L121-20-2 of the Consumer Code, the right to retract cannot be exercised for contracts for the supply of audio recordings. Given the virtual nature of products sold and the delivery methods, reimboursement cannot be claimed nor offered. In the event that one or more clauses or articles in MUSICJAG’S Conditions of Sale are contrary to the CUSTOMER’S purchase conditions, the CUSTOMER agrees to renounce his/her/its purchase conditions.
Article 9: CompetenceAll parties accept that any dispute issuing from the interpretation or execution of the General Conditions of Use and Sales, which establish the relationship between MUSICJAG and its CUSTOMER, falls within the exclusive competence of the Paris Business Tribunal (Tribunal de Commerce de Paris).
This Agreement shall be construed in accordance with the laws of the State of France.