Legal notices and conditions of sale

Who is Esprit Guitare?

Esprit Guitare is a company created in August 2021 whose purpose is the repair, maintenance, adjustment or customization of guitars and basses. Mr. Pierre-Yves Léglise is the legal manager, also responsible for the publication and responsible for the processing of website data.
Domiciliation: Res. Nordic Prince, Impasse du pélican, 97233 Schœlcher, Martinique (see access plan) – Contact
Tel : +596 6 96 36 77 41
Email: contact@espritguitare.fr

The SIRET number, registered at the Chamber of Trades and Crafts of Fort-de-France, is 49347625300023
The registration number at the Chamber of Trades and Crafts is 493476253RM972
Esprit Guitare sheet from Societe.com

Our website address is: https://www.espritguitare.fr

The domain names espritguitare.fr and espritguitare.com are registered by Hostinger on behalf of Esprit Guitare.
The website is developed, maintained and hosted by axialdata, CMS data is stored at Hostinger.

Répar’Acteurs label

Esprit Guitare was labeled “Répar’Acteurs” in March 2023.

Professional insurance

Esprit Guitare benefits from professional insurance coverage:

RC PRO subscribed to MAIF (CS 90000 – 79038 Niort cedex 9)

Geographic coverage: services provided in mainland France, in the overseas departments and communities of Guadeloupe, Martinique, Réunion, Saint-Barthélemy and Saint-Martin for the French part, as well as in Monaco.

General Conditions of Sale

Article 1. Acceptance of the general conditions of sale

The customer acknowledges having read, at the time of placing the order, these general conditions of sale and expressly declares to accept them without reservation. These general conditions of sale govern the contractual relations between Esprit Guitare and its customer. Both parties accepting them without reservation, these general conditions of sale will prevail over all other conditions. Photographs or any other advertising documents of any nature whatsoever do not enter into the contractual scope and are distributed for purely indicative purposes.

Customer orders (consumers, professionals and non-professionals) are firm, unless otherwise notified by Esprit Guitare within two weeks. No order modification is binding on Esprit Guitare, once the quote has been signed.

Article 2. Prices

The prices indicated on the quotes are excluding taxes, due to the non-subjection of micro entrepreneurs to VAT (article 293B of the CGI). Taxes may be applied in addition in the event of sending products abroad.

Prices may be revised in the event of unexpected elements discovered by Esprit Guitare, after the estimate has been established and validated. In this case, the customer will be contacted in order to validate or not the new elements.

Article 3. Payment of sums

All payments will be made in Euros only, either by credit card, in cash, or by bank transfer to Esprit Guitare.

All orders will be delivered after full collection of the amounts claimed.

If during a previous order the buyer has evaded one of his obligations (in particular default or late payment), a refusal of sale may be made to him unless this buyer provides satisfactory guarantees or a cash payment.

Article 4. Orders for services

As part of a restoration, conservation, repair or maintenance service, a deposit voucher will be given to the customer. At the end of the work, when the instrument is returned, this voucher will be returned to Esprit Guitare. An invoice will then be issued attesting to the successful completion of the work carried out.

For all orders relating to a service provision, a deposit of 30% of the total price may be requested. If the price of the materials exceeds 30% of the total price, the deposit will be recalculated to cover the cost represented by the materials. Deposits are not recoverable in the event of withdrawal by the buyer from the moment the quote has been signed. The rest of the amount will be paid upon delivery of the instrument.

Article 5. In the event of non-recovery

If the customer does not make arrangements to recover the result of his order, the good will be subject to storage costs, of €5 per day, beyond 45 days after being notified that the order was ready to be delivered and will be considered the property of Esprit Guitare 1 year after this same date.

Article 6. Guarantee

Repairs and adjustments carried out by Esprit Guitare are guaranteed against any defect for a period of 3 months from the date of delivery.

Costs involving returning the instrument to the workshop remain the responsibility of the customer.

This guarantee applies to the customer who has accepted the invoice and to the extent that the instrument has not been altered by the customer or a third party.

This warranty only applies to items that have been repaired or adjusted by Esprit Guitare.

The warranty does not cover damage independent of the violin maker or that linked to improper use, conservation and maintenance of the instrument: shocks, exposure to strong variations in temperature and humidity, scratches to the varnish, improper storage of the instrument, etc.

The warranty does not cover damage caused by the actions of a third party on the instrument.

The warranty does not apply in the case of damage caused by a carrier.

Article 7. Intellectual property

If the workshop creates an original design for an order, the intellectual property remains entirely the property of Esprit Guitare.

Article 8. Disputes

Esprit Guitare cannot be held responsible for damages of any nature, both material and immaterial, which could result from the misuse of the supported instruments. Complaints or disputes will always be heard, good faith always being presumed in the person who comes to present them.

Any disputes which would take place between Esprit Guitare and its client(s) would, in the absence of an amicable agreement, fall under the jurisdiction of the referring commercial court of Fort-de-France (Martinique).

Use of personal data

Cookies and trackers

No tracking or audience measurement cookies are placed for visitors.
However, the following can be used:

• Cloudflare Turnstile (anti-abuse) on forms and workshop space;
• local storage (localStorage) so as not to systematically redisplay an information window (social networks / notices);
• a session cookie reserved for the authenticated workshop space (internal management).

Embedded content

Articles may include embedded content from other sites. These third parties may set their own cookies or collect data according to their policies, particularly if you are connected to them.

Audience measurement

Rybbits tool (analytics.axialdata.app / axialdata): page views and navigation (page, title, language, screen resolution, possible referrer). No tracking cookies, no replay session, no advertising tracking.

Forms and appointments

1) Contact – name, email, subject, message.
Purpose: to respond. Sending by workshop email; Turnstile.
Indicative conservation: processing of the request then reasonable archiving (e.g. up to 3 years), unless otherwise required.

2) Quote – name, email, message, any attachments.
Purpose: to establish a quote. Workshop email; Turnstile.
Indicative conservation: duration of study of the estimate and, where applicable, commercial/legal obligations.

3) Appointment – name, email, phone, subject, slot, status, confirmation/reminder timestamps.
Purposes: organize the appointment, confirm and call back (e-mail and SMS), workshop follow-up.
Storage / providers: MongoDB (axialdata infrastructure), SMTP messaging, Twilio (SMS), Nextcloud/CardDAV notebook, internal calendar.
An internal opposition list (name, email and/or telephone) may be kept to refuse abuse.
Indicative conservation: useful duration for workshop monitoring, then beyond if legal, proof or security requirements are required. Canceled appointments can be kept for history.

Legal basis

Pre-contractual/contractual measures (response, quote, appointment); legitimate interest (form security, audience measurement, abuse prevention); legal obligations where applicable.

Transmission

The data is not sold. They can be transmitted only to the necessary technical service providers (axialdata, Cloudflare, Twilio, messaging, Nextcloud).

Your rights

Access, rectification, erasure, limitation, opposition (in the cases provided for), portability where applicable: contact@espritguitare.fr.
Complaint possible with the CNIL (https://www.cnil.fr).
Certain data may be retained despite a request for erasure in the event of a legal, accounting or security obligation.

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