Terms and Conditions of Sale

English Translation - For informational purposes only

IMPORTANT NOTICE: This English translation is provided for informational purposes only. In case of any discrepancy or dispute, only the French version of these Terms and Conditions shall be legally binding and authoritative. The French text shall prevail in all circumstances.

1. Introduction

These General Terms and Conditions of Sale (hereinafter "Terms") govern sales made on the Souffle Musique website, operated by a sole proprietorship domiciled in France, with registered office located at 7 square Claude Debussy, 78120 Rambouillet. Souffle Musique offers for sale:

⠀The site is aimed at individual customers (consumers), both in France and internationally. These Terms aim to define the rights and obligations of the parties in the context of online sales of these products and services, in accordance with applicable regulations regarding electronic commerce, consumer protection, and contract law. The sole proprietorship is registered under SIRET number: 92865378100023 For any inquiries, you can contact customer service at: soufflemusique@gmail.com.

2. Orders

Customers can place orders directly on the Souffle Musique website via an online shopping cart system. The ordering procedure includes several steps, including product selection, cart validation, entering information necessary for delivery, and payment. The order is considered valid and final upon payment confirmation, subject to acceptance by the seller. Once the order is recorded and payment confirmed, a confirmation email is automatically sent to the customer, summarizing the essential elements of the order. Customers can place orders without creating an account; opening a customer account is not mandatory. Souffle Musique reserves the right to cancel or refuse any order:

⠀In these cases, the customer will be informed as soon as possible and refunded if payment has already been made.

3. Prices and Payment Terms

Prices of products offered on the Souffle Musique website are indicated in euros including all taxes (TTC), unless otherwise stated. They take into account the VAT applicable on the order date, where applicable. In case of VAT rate modification, this may be reflected in the price of products or services. Automatic price conversion may be offered for informational purposes depending on the country of site consultation, but billing remains in euros (€). Delivery fees are added to the prices of physical products. They are specified to the customer before final order validation and vary according to destination and chosen delivery method. For deliveries outside France, customs duties or other local taxes may be required upon package arrival and remain the customer's responsibility. Payment of the total order amount is required immediately upon validation. No shipment will be made without prior collection of full payment. Payments are secured and processed by the Stripe platform. The following payment methods may be offered:

⠀The customer guarantees that they have the necessary authorizations to use the selected payment method and that this method provides access to sufficient funds to cover the costs related to their order.

4. Delivery

4.1 Service Areas

Physical products offered on the Souffle Musique website can be delivered in France and internationally, subject to availability and logistical feasibility.

4.2 Processing and Delivery Times

Orders are generally prepared and shipped within 3 to 7 business days, subject to product availability. Delivery times vary according to the destination country and are estimated between 3 and 15 business days after shipment. The indicated times are provided for informational purposes and do not constitute a firm contractual commitment.

4.3 Carriers and Tracking

Deliveries are provided by La Poste, Colissimo, or any other carrier selected according to destination. A tracking number is systematically provided to the customer after shipment.

4.4 Delivery Fees

Delivery fees are entirely the customer's responsibility. When placing an order, the customer must select the delivery rate corresponding to their actual geographical zone. In case of obvious error in rate selection (e.g., domestic rate selected for an international address), Souffle Musique reserves the right to cancel the order or request a supplement before processing. No free delivery is offered, regardless of order amount.

4.5 Digital Product Delivery

Software licenses are delivered electronically, generally via download link or email immediately after the order. In certain cases (e.g., incomplete customer information, manual processing required, technical incident), a maximum delay of 48 hours may be necessary before sending.

4.6 Liability

Souffle Musique disclaims any responsibility for delays or deterioration of packages during transport, once they are handed over to the carrier. In case of observed damage, a declaration to the carrier may be required to benefit from a replacement. This process may involve an additional delay.

5. Right of Withdrawal

5.1 General Principle

In accordance with Consumer Code provisions, the customer has a 14-day period to exercise their right of withdrawal without justifying reasons or paying penalties, except for return costs which remain their responsibility.

5.2 Starting Point of the Period

The withdrawal period runs:

5.3 Exceptions to Right of Withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

5.4 Procedures for Exercising Right of Withdrawal

To exercise their right of withdrawal, the customer must notify their decision to Souffle Musique by means of an unambiguous statement by email to: soufflemusique@gmail.com or by postal mail to: 7 square Claude Debussy, 78120 Rambouillet. The customer may use the standard withdrawal form attached to these Terms, but this is not mandatory.

5.5 Notification Deadline

For the withdrawal deadline to be respected, it is sufficient that the customer transmits their communication regarding the exercise of the right of withdrawal before the expiration of the 14-day period.

5.6 Physical Product Return Procedures

In case of withdrawal concerning a physical product, the customer must return the goods without undue delay and at the latest within 14 days following their withdrawal notification. The product must be returned:

Return costs are the customer's responsibility, unless Souffle Musique agrees to bear them or if it failed to inform the customer that these costs were their responsibility.

5.7 Customer Liability

The customer's liability is only engaged regarding depreciation of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.

5.8 Refund

In case of withdrawal, Souffle Musique will refund the total amount paid by the customer, including delivery costs (except additional costs resulting from the customer's choice of a delivery method other than the least expensive method offered). The refund will be made:

⠀For physical products, Souffle Musique may defer the refund until recovery of the goods or until the customer has provided proof of shipment of these goods, whichever occurs first. STANDARD WITHDRAWAL FORM (Complete and return only if you wish to withdraw from the contract) To the attention of Souffle Musique:

⠀I hereby notify you of my withdrawal from the contract for the sale of the following good/service: Ordered on: _______________ Received on: _______________ Name of consumer(s): _______________ Address of consumer(s): _______________ Order number: _______________ Product designation: _______________ Date: _______________ Signature of consumer(s): _______________ (only in case of notification of this form on paper)

6. Legal Warranties

6.1 Lebgal Warranty of Conformity

In accordance with Articles L217-4 to L217-12 of the Consumer Code, Souffle Musique is required to deliver goods conforming to the contract and is liable for conformity defects existing at delivery. The goods conform to the contract when they:

6.2 Handmade Product Specifics

Physical products offered by Souffle Musique are handcrafted. Therefore:

6.3 Software License Specifics

Software licenses offered may be of different types. For software based on Apple's Logic Pro, the customer expressly acknowledges and accepts that:

⠀For other software not based on Logic Pro, legal warranties apply normally according to the general conditions stated in this section.

6.4 Conformity Warranty Exercise Periods

The customer has a 2-year period from goods delivery to act on conformity warranty.

⠀When the conformity defect appears within 6 months from goods delivery, it is presumed to exist at delivery time, unless proven otherwise.

6.5 Legal Warranty Against Hidden Defects

In accordance with Articles 1641 to 1649 of the Civil Code, the seller is liable for warranty regarding hidden defects of the sold item that make it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have given a lesser price, if they had known them. The customer has a 2-year period from defect discovery to act on hidden defect warranty.

6.6 Warranty Exercise Procedures

To assert their warranty rights, the customer must:

6.7 Seller Obligations in Case of Non-Conformity

In case of conformity defect, Souffle Musique offers the customer, at their choice:

⠀These actions are implemented free of charge for the customer and within a reasonable time.

6.8 Specific Limitations

For handmade physical products:

For software licenses:

6.9 Warranty Exclusions

Legal warranties do not apply in case of:

6.10 Recourse

These legal warranties apply independently of any commercial warranty possibly granted. The customer may decide to implement the warranty against hidden defects as defined in Article 1641 of the Civil Code. In this case, they may choose between contract resolution or a sales price reduction in accordance with Article 1644 of the Civil Code. Reference texts:

7. Intellectual Property

7.1 Site and Content Ownership

The Souffle Musique website and all its content (texts, images, videos, logos, graphics, sound elements, structure, ergonomics, etc.) are the exclusive property of Souffle Musique or are subject to usage authorization. These elements are protected by intellectual property rights and particularly by the provisions of the French Intellectual Property Code. Any reproduction, representation, adaptation, or exploitation, total or partial, is strictly prohibited without prior written authorization from Souffle Musique.

7.2 Rights on Physical Products

Physical products sold by Souffle Musique are original creations protected by copyright and/or industrial property rights. Purchase of a physical product grants the customer:

⠀Purchase does not grant the customer:

7.3 Software Licenses

7.3.1 Nature of Granted Rights

Purchase of a software license from Souffle Musique grants the customer a personal and non-exclusive usage license of the software, under the conditions defined below.

7.3.2 Rights Granted to Licensee

The customer benefits from the right to:

7.3.3 Usage Restrictions

It is strictly prohibited for the customer to:

7.3.4 Intellectual Property

Souffle Musique retains all intellectual property rights on software, their source code, architecture, interface, and documentation. The granted license does not constitute a transfer of rights but only a usage authorization within defined limits.

7.3.5 License Duration

The license is granted for an unlimited duration, subject to compliance with these usage conditions. Souffle Musique reserves the right to terminate the license in case of:

7.4 Creations Made with Software

Musical works created by the customer using Souffle Musique software entirely belong to the customer. Souffle Musique:

⠀The customer remains free to exploit their creations as they wish, including commercially.

7.5 Trademarks and Distinctive Signs

Trademarks, logos, and distinctive signs of Souffle Musique are protected. Any use of these elements for commercial, advertising, or promotional purposes is prohibited without prior written authorization.

7.6 Respect for Third Party Rights

The customer undertakes to use acquired products in respect of third-party intellectual property rights. Souffle Musique cannot be held responsible for the customer's use of products, particularly in case of counterfeiting or violation of third-party rights.

7.7 Counterfeiting Report

Any person believing that content present on the Souffle Musique site constitutes counterfeiting may report it to: soufflemusique@gmail.com by providing:

7.8 Sanctions

Any violation of Souffle Musique intellectual property rights may result in:

7.9 Applicable Law

Intellectual property matters are governed by French law and particularly by the provisions of the Intellectual Property Code.

8. Personal Data Protection

8.1 Data Controller

Souffle Musique, sole proprietorship domiciled at 7 square Claude Debussy, 78120 Rambouillet, is responsible for processing personal data collected on the site. Data controller contact: soufflemusique@gmail.com

8.2 Collected Data

8.2.1 Order-Necessary Data

In the context of order placement, Souffle Musique collects the following data:

8.2.2 Technical Data

Souffle Musique may also automatically collect:

8.3 Processing Purposes

Personal data is processed for the following purposes:

8.3.1 Contract Execution
8.3.2 Legal Obligations
8.3.3 Legitimate Interests (with consent if required)

8.4 Legal Basis for Processing

Personal data processing is based on:

8.5 Data Recipients
8.5.1 Internal Recipients

Data is accessible only to the Souffle Musique manager within their job functions.

8.5.2 External Service Providers

Certain data may be transmitted to our service providers within the strict framework of their service execution:

⠀These providers are contractually bound to respect data confidentiality and security.

8.5.3 Public Authorities

Data may be communicated to public authorities in cases provided by law (judicial investigations, tax controls, etc.).

8.6 Data Transfers Outside EU

Stripe may process data outside the European Union within its activities. These transfers are framed by standard contractual clauses approved by the European Commission or other GDPR-compliant mechanisms.

8.7 Retention Period

8.7.1 Order Data
8.7.2 Prospecting Data
8.7.3 Technical Data

8.8 Data Subject Rights

In accordance with GDPR, you have the following rights:

8.8.1 Right of Access

You may request confirmation that your data is processed and obtain a copy of this data.

8.8.2 Right to Rectification

You may request correction of your inaccurate or incomplete data.

8.8.3 Right to Erasure

You may request deletion of your data in certain cases (consent withdrawal, unnecessary data, etc.).

8.8.4 Right to Restriction

You may request limitation of processing under certain circumstances.

8.8.5 Right to Portability

You may request recovery of your data in a structured, machine-readable format.

8.8.6 Right to Object

You may object to processing of your data for legitimate reasons or for commercial prospecting.

8.8.7 Right to Withdraw Consent

When processing is based on your consent, you may withdraw it at any time.

8.9 Rights Exercise

To exercise your rights, you may:

⠀Your request must be accompanied by a copy of an identity document to prevent any usurpation. Souffle Musique undertakes to respond within one month from receipt of your request.

8.10 Data Security

Souffle Musique implements appropriate technical and organizational measures to ensure your data security:

8.11 Cookies

8.11.1 Definition

Cookies are small text files stored on your device when visiting the site.

8.11.2 Types of Cookies Used
8.11.3 Cookie Management

You can manage your cookie preferences via:

8.12 Minors

The Souffle Musique site is not specifically aimed at minors. In accordance with GDPR, processing data of a minor under 16 years requires consent from parents or legal guardians.

8.13 Complaint

If you believe that processing of your data does not comply with regulations, you may file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL):

8.14 Policy Modifications

Souffle Musique reserves the right to modify this data protection policy. Modifications will be brought to users' attention by any appropriate means and will take effect immediately. The updated version will always be accessible on the site with indication of the last modification date.

9. Liability and Force Majeure

9.1 General Liability Principle

Souffle Musique undertakes to implement all necessary means to ensure proper execution of its contractual obligations and provide products conforming to presented descriptions. Souffle Musique's liability is limited to proven and foreseeable direct damages at contract conclusion time.

9.2 Liability Limitations

9.2.1 General Exclusions

Souffle Musique cannot be held responsible for the following damages:

9.2.2 Damage Cap

In any case, Souffle Musique's total liability, all causes combined, cannot exceed the total amount paid by the customer for the concerned order.

9.3 Physical Product Liability

9.3.1 Artisanal Product Conformity

Souffle Musique undertakes to deliver products conforming to descriptions and announced quality standards. However, given the artisanal character of products, Souffle Musique cannot be held responsible for:

9.3.2 Transport and Delivery

Souffle Musique cannot be held responsible for:

9.4 Software Liability

9.4.1 Warranty Limitation

Souffle Musique provides software "as is" and does not guarantee:

9.4.2 Technological Evolution

Souffle Musique cannot be held responsible for:

9.4.3 Software Usage

The customer uses software under their sole responsibility. Souffle Musique cannot be held responsible for:

9.5 Website Liability

9.5.1 Service Availability

Souffle Musique strives to ensure site availability 24/7, but does not guarantee:

9.5.2 Content and Information

Souffle Musique strives to maintain accuracy of information on the site, but does not guarantee:

9.6 Customer Liability

9.6.1 General Obligations

The customer undertakes to:

9.6.2 Software Usage

The customer is solely responsible for:

9.7 Force Majeure

9.7.1 Definition

Force majeure or fortuitous events include, in addition to those usually recognized by French court jurisprudence:

9.7.2 Force Majeure Effects

In case of force majeure, Souffle Musique will be dispensed from executing its contractual obligations for the entire duration of the event. Obligations will be suspended and deadlines extended by a duration equal to that of the impediment.

9.7.3 Customer Information

Souffle Musique will inform the customer as soon as possible of the occurrence of a force majeure case and its consequences on order execution.

9.7.4 Contract Resolution

If the impediment continues beyond 30 days, each party may terminate the contract by right, without compensation. Amounts paid by the customer will be refunded pro rata for unperformed services.

9.8 Insurance

Souffle Musique has subscribed with a notoriously solvent insurance company an insurance policy covering its professional civil liability.

9.9 Claims and Disputes

9.9.1 Claims

Any claim must be addressed to soufflemusique@gmail.com within 30 days from delivery or problem discovery.

9.9.2 Amicable Solution Search

Souffle Musique undertakes to seek an amicable solution to any dispute in a spirit of good faith and cooperation.

9.9.3 Mediation

In case of dispute between the Customer and the company, they will strive to resolve it amicably (the Customer will address a written complaint to the professional or, where applicable, to the professional's Customer Relations Service). Failing amicable agreement or in the absence of professional response within a reasonable period of one (1) month, the consumer Customer within the meaning of Article L.612-2 of the consumption code has the possibility to refer free of charge, if disagreement persists, to the competent mediator listed on the mediator list established by the Commission for evaluation and control of consumption mediation in application of Article L.615-1 of the consumption code, namely: La Société Médiation Professionnelle http://www.mediateur-consommation-smp.fr Alteritae 5 rue Salvaing 12000 Rodez

9.10 Applicable Law and Jurisdiction

9.10.1 Applicable Law

These Terms are governed by French law.

9.10.2 Competent Jurisdiction

In case of dispute and failing amicable resolution, French courts will have sole jurisdiction. For consumers: jurisdiction of the court of the consumer's residence or Souffle Musique's headquarters. For professionals: exclusive jurisdiction of Versailles courts.

9.11 Partial Nullity

If one or more clauses of these Terms were declared null or inapplicable, other clauses would retain their full force and effect. The null clause would be deemed unwritten and replaced by a clause of equivalent scope.

10. Terms and Conditions Modifications

10.1 Right to Modify

Souffle Musique reserves the right to modify these General Terms and Conditions of Sale at any time, particularly to:

10.2 Modification Reasons

10.2.1 Mandatory Legal Modifications

Terms may be modified to comply with:

10.2.2 Technical Modifications

Modifications may concern:

10.2.3 Commercial Modifications

Adaptations may relate to:

10.3 Modification Procedure

10.3.1 Modification Publication

Modified Terms are:

10.3.2 Customer Information

In case of substantial modification, Souffle Musique undertakes to inform customers by:

10.3.3 Substantial Modification Definition

Substantial modifications are those concerning:

10.4 Entry into Force

10.4.1 Minor Modifications

Non-substantial modifications (corrections, clarifications, technical updates) take effect immediately upon publication on the site.

10.4.2 Substantial Modifications

Substantial modifications take effect according to the following terms: For new customers:

For existing customers:

10.5 Modification Acceptance

10.5.1 Express Acceptance

For substantial modifications, acceptance may be required by:

10.5.2 Tacit Acceptance

Failing required express acceptance, continued site use after modification effective date constitutes tacit acceptance of new conditions.

10.6 Modification Refusal

10.6.1 Right of Refusal

The customer has the right to refuse Terms modifications, particularly in case of substantial change.

10.6.2 Refusal Consequences

In case of modification refusal:

10.6.3 Termination

Modification refusal may result in contractual relationship termination:

10.7 Archiving and Traceability

10.7.1 Version Conservation

Souffle Musique retains:

10.7.2 Previous Version Consultation

Customers may request consultation of Terms applicable at their order time by contacting soufflemusique@gmail.com.

10.8 Emergency Modifications

10.8.1 Exceptional Circumstances

In case of exceptional circumstances (security, imperative legal obligations), Souffle Musique may modify Terms with reduced notice period.

10.8.2 Immediate Information

In this case:

10.9 Language and Version Hierarchy

10.9.1 Reference Version

The French version of Terms prevails in case of divergence with possible translations.

10.9.2 Applicable Version

In case of multiple version coexistence, the version applicable to an order is that in force at customer validation time of the order.

10.10 Modification Communication

10.10.1 Communication Means

Modifications may be communicated via:

10.10.2 Consultation Responsibility

It is the customer's responsibility to regularly consult Terms to be aware of possible modifications. Souffle Musique recommends customers consult Terms before each order.

Last updated: June 25, 2025

DISCLAIMER: This English translation is provided for convenience only. The French version of these Terms and Conditions is the sole legally binding version. In case of any conflict or discrepancy between the English translation and the French original, the French version shall prevail.