Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

RTM GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE

Table of contents
Preamble
Article 1. Purpose
Article 2. Products - Services
Article 3. Prices
Article 4. Order
Article 5. Payment - Ownership
Article 6. Warranty - After-sales service
Article 7. Personal data
Article 8. Site – Terms of Use
Article 9. Miscellaneous provisions

Preamble

The ordering portal https://recording-the-masters.myshopify.com (hereinafter referred to as the “Site”) is the Shopify website of RTM Industries SAS, whose registered office is at 53 rue de la Division Leclerc – 50300 AVRANCHES, registered with the COUTANCES Registry of Trade and Companies under No. 808 891 436.
RTM, which publishes and operates the Site, exclusively holds all rights on the Site, including, without limitation, the rights of reproduction, modification and adaptation.
The Site enables RTM, as Seller, to offer for sale products, accessories and services (hereinafter referred to as the “Products” and “Services”) intended for listening, recording and archiving of sound, to any person (natural persons, companies, associations, administrations, etc.) residing in France (mainland France / Overseas Departments and Territories) or in the rest of the world.
Some of these general conditions of sale and services will have to be modified, adapted or supplemented to take into account the characteristics of these orders (quantities, volumes, deadlines etc.), by way of special conditions of sale.
For the application of these general conditions of sale and service - (hereinafter referred to as the "GCS"), it is agreed that RTM and the persons ordering a Product(s) or Service(s), will be referred to collectively as the "Parties" and individually as a "Party" or, in particular for RTM, "RTM" or the "Seller", and for those having placed an order on the Site, the “Buyer”.

Article 1. Purpose

RTM hereby defines the GCS governing the Seller's and the Buyer's contractual rights and obligations resulting from the placing of an online order for Products or Services offered on the Buyer's Site, which constitutes a sale and forms a sales contract between the Parties.
The GCS, including the preamble which together form an inseparable whole, apply to the exclusion of any other document, unless otherwise provided by the Parties by way of special conditions of sale. They also govern all commercial transactions proposed by the Seller on the Site, such as discount sales, flash sales or any other form of promotion, unless otherwise provided by provisions that will be attached to these commercial operations and specified by the Seller when these operations are carried out.
Any order for a Product or Service implies the Buyer's acceptance of these GCS, without reservation, restriction or condition.
RTM reserves the right to modify the GCS, at any time, in whole or in part, by publishing a new version on the Site, it being specified that the applicable GCS are those in force on the date of the order.

Article 2. Products - Services

Only Products and Services appearing on the Site on the day of its consultation by the Buyer are offered for sale by RTM. Offers concerning Products and Services are valid, while stocks last, as long as they are visible or proposed on the Site.
The photographs, images or other reproductions presented on the Site to illustrate the Products or Services offered are not contractual. The Buyer is invited to consult the description of each Product and Service to find out about its availability, characteristics and if necessary, any other information relating to its terms of use.
The information relating to Products and Services may be modified by RTM, at any time, and may be updated, in particular concerning their availability, between the moment the Buyer consults them and his order.
RTM makes every effort to ensure the accuracy of the information presented on the Site regardless of its form and content. However, RTM declines all responsibility for this information, which remains the sole responsibility of the suppliers and manufacturers of the Products and Services. The use of the Products or Services ordered by the Buyer on the Site remains the sole responsibility of the Buyer and RTM disclaims any liability for the use of a Product or Service, particularly in case of damage, of any kind, direct, indirect, material, non-material, consequential, concurrent or concomitant.

Article 3. Prices

All prices are indicated in Euros. The valid prices are those indicated on the Site at the time of the order and within the limit of available stocks (especially for all types of promotional offers related to said available stocks). The Seller reserves the right to change these prices, at any time, in whole or in part.
For orders placed throughout the European Union, these prices are increased by the VAT rate applicable in France and in force on the date of the order.
For orders placed outside the territory of the European Union, they can be subject to VAT if RTM cannot obtain delivery proof documents.
For any order, in addition to the price of the Product or Service plus VAT, if applicable, the Buyer must pay the delivery charges that will be indicated by RTM at the time of order. For orders and deliveries made outside the territory of the European Union, the Buyer must also pay all customs duties and charges, import or registration taxes and any other charges that may be due on this order.

Article 4. Order

The Site is open for sales 7 days a week and 24 hours a day, including Sundays and public holidays, excluding maintenance and revision periods and in case of Force Majeure.
Orders will be processed as soon as possible by RTM‘s qualified staff as soon as the Buyer confirms payment of the order. However, orders placed on Sundays and public holidays will be processed on the next business day.
For orders of Products requiring the sizes and dimensions of the users, the Buyer must complete the specific form, indicating the requested information and attach it to his order. In case of dispute, only the information on this form will prevail.
Only orders made in accordance with the instructions specified on the Site may be processed by the Seller and give rise to delivery, subject to payment of the price and other costs of the Products or Services ordered as indicated below.
RTM reserves the right to request additional information, postpone the processing or reject any order that does not comply with these instructions.
For the follow-up of orders, RTM sends a confirmation of receipt of the order and the Products ordered. The Buyer can contact us either by email at : duplication.orders@recordingthemasters.com, or by phone on +33 (0) 2 33 68 68 00.

Article 5. Payment - Ownership

5.1 Payment
The payment of the price and other costs or taxes is made in Euros and for the full amounts corresponding to the orders.
The Buyer can make his payment by:
- PAYPAL
- Shopify payment
- Bank card (MASTERCARD, CARTE BLEUE, VISA),

For payments by bank card, they are made directly and automatically on the payment server of the Seller’s and Buyer’s banks. Since this server is secured by SSL (Secure Socket Layer) encryption so as to protect all data related to means of payment, at no time does the Buyer's bank data transit through RTM’s computer system.
No delivery will be made before receipt by RTM of the full payment of the order, regardless of the payment method chosen by the Buyer.

5.2 Retention of title
Notwithstanding any clause or provision to the contrary, the Seller has a right of retention of title on any Product ordered until it receives full payment of its price and any related fees and taxes. The transfer of ownership of the Product to the Buyer will only occur after this payment is made.
Article 6. Warranty - After-sales service

6.1 Warranty
All Products offered and sold by RTM on the Site benefit from legal warranties, including those relating to hidden defects, for a maximum period of (2) two years from the date of the order, and within the limits of manufacturers’ warranties, except as otherwise expressly stated on the Site for certain Products.
The warranty covers spare parts, assembly and disassembly, labour and the costs of shipping and return from the Buyer’s delivery address.
For any repair longer than 15 days, the warranty period covering the Product concerned is extended accordingly.
The Buyer is obliged to justify his order to RTM to benefit from the warranty for the Product(s) concerned.
However, RTM is under no warranty obligation in all cases where damage, defects or other disorders affecting the Product(s) its attributable to the Buyer, his assigns or a third party, abnormal or abusive use or use contrary to the instructions for use or user guide issued by the manufacturers or suppliers or a case of Force Majeure.

6.2 After-sales service

RTM makes available to any Buyer an after-sales service authorised to carry out repair operations on the Products at the end of their warranty period. In this case, the repair operations are carried out after acceptance of estimates drawn up by RTM indicating the costs (parts and labour) and estimated time, and to the extent of the availability or supply capacity of spare parts.

6.3
In case of loss, theft or destruction of any Product entrusted by a Buyer to RTM within the framework of warranty or after-sales service operations, RTM’s liability is strictly limited to the lowest value of purchase or use of the Product.

6.4
RTM’s warranty and after-sales service obligations stipulated by the above provisions are exclusive of any other obligation towards the Buyer and impose no other charge on RTM, particularly in case of damage or injury, direct, material, indirect or non-material, consecutive or not, invoked by the Buyer.

Article 7. Personal data

All personal data communicated by the Buyer to RTM is considered and treated by RTM as confidential information. However, RTM reserves the right to use it for the purposes of managing the relationship with its customers and prospecting, and subject to the agreement of the Buyer, to make it available to its partners, to allow the Buyer to benefit from their offers.
However in accordance with the Data Protection Act of January 6, 1978, updated by the Law of August 6, 2004, the Buyer has at any time a right of access, rectification and opposition on data concerning him with RTM. To exercise this right, the Buyer must send a letter to the following address: RTM Industries, 53 rue de la Division Leclerc, 50300 Avranches, or an email to duplication.orders@recordingthemasters.com, and keep the proof of his request.
Upon receipt, RTM undertakes to take the necessary action and to justify it on request.

Article 8. Site - Terms of Use

8.1 Site
RTM explicitly reserves the right, at any time, to modify, supplement or delete all or part of the Site or its constituent elements, to temporarily interrupt the publication or to definitively terminate it.
RTM does not guarantee the connection or the continuity of the connection to the Site.
RTM declines any responsibility for any damage suffered by the Buyer due to or during the use, visit, connection or disconnection to the Site, including due to redirections to other sites via hypertext links on the Site.

8.2 Terms of Use
- Cookies:
RTM reserves the right to use cookies. A cookie is a computer file, stored on the hard disk of the Buyer's computer. It is intended to signal a previous visit by the Buyer to the Site. Cookies are only used by RTM for the purpose of personalising the service offered to the Buyer.
However, the Buyer retains the possibility to refuse cookies by configuring his Internet browser. He will then lose the ability to customise the service that is delivered by RTM via the Site.
- Web Beacons:
Some pages of the Site may contain web beacons that count the number of visitors to the Site and/or provide RTM with a certain number of indicators.
These Web Beacons can be used with some of RTM’s partners, especially to measure and improve the effectiveness of the Site.
In any case, the information obtained via these Beacons is strictly anonymous and simply allows to gather statistics on the flow of visitors to certain pages of the Site, to better serve the Site’s Buyers.

Article 9. Miscellaneous provisions

9.1. Force Majeure
RTM will not be liable for the total or partial non-performance of its obligations under the sales contract arising from the validated order, if this non-performance is caused by a Force Majeure event, as usually accepted according to the criteria defined by the case law of the French courts, and in particular in case of disruption or total or partial strike affecting the postal services and means of transport and/or communication, flood, fire or other natural disasters.
RTM will notify the Buyer of any force majeure event within 10 working days of its occurrence.
The Parties agree to consult each other as soon as possible in order to determine how the order will be handled during the Force Majeure event.
Beyond a period of one (1) month of interruption for Force Majeure, the Parties will be released from their obligations toward one another. If applicable, RTM will refund the Buyer as soon as possible.

9.2 Intellectual property rights and trademarks
RTM strives to respect in all publications the intellectual property rights of images, graphics, sound documents, video sequences and texts used, to use images, graphics, sound documents, video sequences and texts created by it or to use images, graphics, sound documents, video sequences and texts free of licence rights.
All trademarks mentioned on the Site that may be protected by third parties are subject without any restriction to the provisions of the trademark law in force and the property rights of the owners concerned. A single mention does not allow to conclude that the trademarks are not protected by third-party rights. Reproduction or use of such images, graphics, sound documents, video sequences and texts in other electronic or printed publications is prohibited without the express permission of RTM.

9.3. Entire agreement
The GSC and the documents sent to the Buyer on delivery, form a contractual whole summarising the entire sales contract between the Parties, for the purpose of the order.
If one or more provisions of these GCS Conditions are held invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other provisions will remain in full force and effect.
The fact that one of the Parties does not invoke a breach by the other Party of one of its obligations under the GCS cannot be interpreted at any time as a waiver and does not prevent the Party concerned from invoking this obligation at any other time.

9.4 Conservation and archiving of transactions
RTM reserves the choice of media needed to archive invoices and other documents relating to any transaction to keep a reliable, faithful and sustainable traceability.

9.5 Applicable law - Jurisdiction
The GCS and the contractual relations between the Parties are subject to French law to the exclusion of any conflict of laws rule, including in the case of orders placed outside France or by a Buyer domiciled outside France.
In case of dispute, the French courts will have sole jurisdiction and in the case of disputes with a Buyer who has the status of trader, only the Courts of Brest will have jurisdiction.
However, RTM undertakes to endeavour to seek an amicable solution before any legal action.

PAYMENT TERMS
RTM’s payment methods

Payment by Bank Card:
RTM has chosen the secure payment solution of the bank BPO which accepts the national “carte bleue”, Visa and Mastercard (national and international).
The information you provide on your credit card (number and expiry date) is stored directly on BPO’s server, which uses a protocol to encrypt and guarantee the confidentiality of data transiting over the Internet.
RTM does not store any information on credit card payments.
To increase transaction security, this payment solution uses the new 3D Secure security standard.
Payment by PayPal:

With PayPal, you pay without providing your billing information. Open a PayPal account, then use your email address and PayPal password to make payments.
Fees may be charged for certain types of transactions, such as the conversion of foreign currency. For more details, please consult the PayPal website.

LEGAL NOTICE

Publication of the Site:
RTM Industries
Address: 53 rue de la Division Leclerc 50300 Avranches
Tel. 02.33.68.68.00
Email: duplication.orders@recordingthemasters.com
Company name: RTM Industries
Legal form: SAS
Share capital: 2 000 000 Euros
SIRET No.: 897 886 602 00019
Registry of Trade and Companies: RCS Coutances 897 886 602
Intercommunity VAT No. FR82 897 886 602


Site host
The website uses the Shopify e-commerce/online sales solution
Respect for privacy and personal data:
Data is collected for the sole purpose of establishing a business and professional relationship with customers.
Personal data is stored by RTM for a reasonable period of time. If the person does not provide all the information requested in the mandatory forms of the site (*Required fields), they cannot send the form and cannot contact RTM. In accordance with the Data Protection Act No. 78-17 of January 6, 1978 relating to the protection of individuals with regard to the processing of personal data amended by Law No. 2004-801 of August 6, 2004, the collection, automated registration and storage of personal information is carried out on this website within the framework of a declaration of processing of personal data made to the French Data Protection Authority (Commission nationale de l’informatique et des libertés (CNIL)). www.recordingthemasters.com may use tracking codes provided by its partners to verify the effectiveness of its communication campaigns. The right of access and rectification provided for in Article 34 et seq. of the aforementioned law is exercised by sending a letter to the following address: RTM Industries – 53 rue de la Division Leclerc – 50300 Avranches.
Photo credits:
The photographs used in this site are the subject of reserved rights. They cannot be used or duplicated without the written permission of RTM.
Reproduction rights:
This entire site is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for iconographic and photographic representations. The reproduction of all or part of this site, regardless of the medium, is strictly prohibited except with the express authorisation of the director of publication.
Security Notice:
In order to ensure its security and its access to all, this website uses software to control flows on the site, to identify unauthorised attempts to connect or change information, or any other initiative that may cause other damage. Unauthorised attempts to load information, tamper with information, to cause damage and in general any attack on the availability and integrity of this site are strictly prohibited and will be punishable by the Penal Code. Article 321.1 of the Penal Code sets forth that the fact of accessing or remaining, fraudulently, in all or part of an automated data processing system (such as a website) is punishable by two years' imprisonment and a fine of 30,000 Euros. Article 323-3 of the same Code provides that the fraudulent introduction of data into an automated processing system or the fraudulent deletion or modification of the data contained therein is punishable by five years' imprisonment and a fine of 75,000 Euros.
Those terms and conditions may be updated if necessary.
Last update made on the 27/03/2023 – v1 – IAQ COM01 CLCOM22