GENERAL CONDITIONS OF USE AND SALE RAW PARADIGM
The website Raw Paradigm wich url
address is https://raw-paradigm.fr/en/ (hereinafter referred to as "the Site") is
edited by Association Raw Paradigm, whose head office
is located at 8 rue gerin , 38000 Grenoble.
The Site makes available to the public, adults and non-professionals, an offer for the definitive download of musical recordings of titles or paid albums and an unlimited listening service for streaming music.
These General Conditions of Use and Sale (T & Cs) govern the online sale of downloads by theSociety Raw Paradigm (hereinafter referred to as"download offer").
To benefit from this service, any Client of the site must have previously consulted and accepted without restriction or reservation these General Conditions of Use of Sale.
Raw Paradigm reserves the right to modify these general conditions of use and sale at any time and at its discretion.
For any technical information, the Customer may contact please refer to to the «contact » section available on the site.
For the purposes of these T & Cs, the following definitions will apply:
- “Customer”: must be understood as any person registered for the Service under the conditions provided for inArticle 3 of these T & Cs.
- “Nominative information” should be understood as any information relating to the Customer.
- "Service" should be understood as any online and offline service allowing viewing, listening and audio and video downloads available on the Site.
- "Site" or "Website" should be understood as the interactive electronic service operated by the company Raw Paradigm on the Internet,accessible at the address https://raw-paradigm.fr/en/.
- “Streaming” should be understood as listening to or viewing digital files in real time, without possibility of downloading, under the conditions described below.
- “Download” should be understood as the final transmission from the Site of a digital file incorporating the phonogram chosen by the Customer and its reproduction on the hard disk of the Customer's computer, under the conditions described below.
ARTICLE 1 – OBJECT
The Site offers the Customer online audio / video services, the precise conditions of
which are detailed in these T & Cs.
The service is reserved for adults or minors holding parental authorization, and cannot be used for professional purposes. In this regard, these provisions are understood to be without prejudice to the legal provisions protecting consumers, in particular provided for in the Consumer Code.
Unless proven otherwise, the data recorded by Raw Paradigm constitute proof of all transactions between Raw Paradigm and hisCustomers.
The history of transactions between Raw Paradigm and the Customer can be viewed on the Customer's orders page, available on the Site in accordance with Article 5 of the these T & Cs.
ARTICLE 2 - DESCRIPTION OF THE DOWNLOAD OFFER
Raw Paradigm offers the Customer an offer
ofDownload of musical recordings (titles or albums) available in 24-bit WAV.This service is available 24 hours a
day, 7 days a week.
However, due to the complexity of the Internet network, unforeseen service interruptions may occur (problems due to the Internet access provider, external maintenance, ...) without the responsibility of Raw Paradigm can be engaged in this case. Raw Paradigm nevertheless engages in the measured possible, to inform its Customers of any foreseeable interruption of its services by means of a message posted on his Site.
Raw Paradigm reserves the right to bring to its services any modification or improvement that it deems necessary and useful, and cannot be held responsible any damage, of whatever nature, that may result from this fact.
Likewise,Raw Paradigm reserves the right, without notice or compensation, to stop definitively a service or all the services offered on the Site, and not may be held responsible for any damage, of any nature whatsoever, which may result from this fact, to the exception of defective file deliveries.
ARTICLE 3 – CONDITION OF ACCESS TO THE DOWNLOAD OFFER
To be able to
benefit from the Services, the Customer must create an account. For this to do so, he simply clicks on the
"Connection" button, available on the home page of the Site. He then follows the instructions given to it by the
The Customer is asked to choose a username (nickname) and a password. These items are strictly confidential, and the Customer is invited to keep them with the utmost caution. The Customer remains in effect alone responsible for the consequences of using their account, until the latter is deactivated.
Any account created is personal, nominative and unique. The Customer can only create one account at a time and all information associated with the account (downloads, etc.) will be deleted in a manner irrevocable and definitive when the account is closed.
In order to fulfill the legal obligations in terms of invoicing, the Customer will be asked for a certain number personal information (title, surname, first name, e-mail address, postal code, etc.).
The Customer undertakes to provide accurate and sincere information, and to inform Raw Paradigm of any change to this respect. If it turns out that the Client has provided inaccurate information with the intention of fraudulent, Raw Paradigm reserves the right to definitively close his account, and to prosecute him both civilly and criminally if necessary.
Once he has provided the requested information, the Customer checks a box "I confirm having read and accepted the general conditions of use and sale of the site https://raw-paradigm.fr/en/».Upon validation of this field, the Customer is deemed to have read and accepted these T & Cs, and may therefore be held responsible for non-performance of the various obligations resulting therefrom.
ARTICLE 4 - CONDITIONS OF USE OF THE DOWNLOAD OFFER
with Article 14 of these T & Cs, all files offered via the Service are protected by law author.
Their use can therefore only be done strictly in a private and free setting, in full compliance with the conditions defined by Raw Paradigm
In this regard, in accordance with Article 9 of the T & Cs and the legislation in force, it is strictly prohibited toClient to attempt to circumvent, remove or alter the technical measures for the protection of works or any equivalent lens device.
Playback, transfer and burning of downloaded music files are free and unlimited, within the framework for strictly private use.
ARTICLE 5 – ORDER
The history of transactions between the Service and the Customer can be viewed at any time on the Site in
the "Orders" section.
We invite you to regularly consult your account and to contact the ServiceCustomers for any questions orin case of problem.
The order form and invoices are archived on a reliable and durable medium that can be produced at proof.
ARTICLE 6 – PRICE
The price of downloads of musical recordings is indicated on the Site in euros.
The price of downloads of musical recordings will include the price of the product plus any applicable VAT (ineffective on the date of download).
Our prices do not include connection and communication costs relating to the use of a online sale, the latter being the sole responsibility of the Internet user.
Raw Paradigm reserves the right to modify the price or these general conditions of use and sale at any time; the products and services will be invoiced according to the rates in effect at the time of registration of the Customer's order.
ARTICLE 7 - MEANS OF PAYMENT
Payment is made by credit card or any other means accepted by payment providers.
The Customer proceeds to the payment of his orders by communicating to Raw Paradigm, via its certified partners bank details, it being specified that the transaction is secure thanks to the secure online payment system providers, which ensures that the transaction is carried out according to the security standards of the banking sector.
The debit occurs at the time of the order or up to 24 hours after.
Regarding the download offer, the banking information (card number, account reference) of theClient is not kept by Raw Paradigm .
Raw Paradigm reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid, etc.).
ARTICLE 8 - ABSENCE OF THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L121-21-8 13 ° of the Consumer Code, the
Customer recognizes and accepts expressly by accepting these General Conditions of Sale at the time of its purchase
that the supply ofDownload begins immediately after validation of its purchase and recognizes and accepts
accordingly not to benefit from the right of withdrawal and the period of fourteen clear days linked to online sales
or distance as provided for in the Consumer Code.
Consequently, no request for withdrawal, cancellation or refund will be admissible after eachDownload.
ARTICLE 9 - CLIENT OBLIGATIONS
The Customer declares on
their honor that they are of legal age and have full legal capacity to place an order on theSite.
The Customer declares to accept these T & Cs.
In accordance with Article 4 of these T & Cs, the Customer expressly undertakes to respect the conditions download usage, not to infringe or attempt to infringe the file protection measures and to respect the legislation in force relating to intellectual property rights.
The Customer expressly undertakes not to use the Site or its Services for illegal purposes.
The Customer expressly undertakes not to make commercial or illegal use of the information, services and content provided on the Site, under penalty of incurring criminal or civil liability.
The Customer declares himself solely responsible for the use he makes of theService. Raw Paradigm can in no case beheld responsible in the context of a procedure opened against one of its Customers who would have carried out a misuse of its Service.
Each Customer who purchased musical recordings via the definitive download offer of Raw Paradigm is deemed to have downloaded and saved the said recordings on his computer staff. Raw Paradigm cannot under any circumstances beheld responsible for any loss of file downloaded via its Site.
The Customer undertakes to take personal responsibility for any complaint or procedure formed.against Raw Paradigm, which would be attached to a misuse of the Service.
In any event, the responsibility of Raw Paradigm can only be committed height of its obligation of compliant delivery. In this regard, this liability will be limited to the price of the order.performed by the Client.
ARTICLE 10 - DELETION AND DEACTIVATION OF ACCOUNT Raw Paradigm
In the event of a manifest violation of the T & Cs by theCustomer,Raw Paradigmreserves the right to delete and / or temporarily deactivate the customer's account, without notice or compensation, in particular in the event of:
- harm to the interests of Raw Paradigm and /or to its intellectual property rights;
- providing incorrect information when registering for the Site;
- circumvention or attempted circumvention of the technical protection measures put in place on the Site;
- total or partial non-payment of invoices sent to the Customer.
The Customer is also free to have his account deleted. To do this, the Customer will make a request with the online contact form
and Raw Paradigm will then delete the account of
theCustomer within a maximum period of 48 hours after receipt of said email.
The Customer's attention is drawn to the fact that the deletion of the account will permanently prevent it and irrevocable to find on the Site the digital files of the downloads it has made and to be able to download again.
ARTICLE 11 - SITE RESPONSIBILITY
In accordance with Clause 2, Raw Paradigm will not be
able to under no circumstances be held responsible for technical problems inherent in the functioning of the Internet
network. Anon-exhaustive list of these problems includes the problems of access speeds to the Site, speeds
of downloading, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information
contained on the Site.
These T & Cs clearly explain the terms of technical use of the files offered at download to Raw Paradigm.
The Customer is informed that due to the variety of material standards and file encodings, all sound playback materials may not support all formats and qualities available for download.
In the event of technical incompatibility of said files with the hardware of theCustomer, Raw Paradigm can in no case beheld responsible, and no refund can be made. In addition, the protection of the computer equipment of theCustomer, especially against viruses, can in no way be the responsibility of Raw Paradigm.
The Site may contain hypertext links to third party websites. The responsibility of Raw Paradigm could in no case be committed in the event that said third-party sites include illegal elements.
Finally, the responsibility of Raw Paradigm will not be able tobe committed in the event of non-compliance with the legislation of a foreign country where the downloads are made.
ARTICLE 12 – PERSONAL DATA
Protecting private data is
expensive to Raw Paradigm: all information
and data concerning the Customer, necessary for the management of its orders and its commercial
relations with Raw Paradigm, collected during
creation of account, are intended for the sole use
of Raw Paradigm.
Depending on the choices made when creating their account, the Customer may receive offers from Raw Paradigm by mail electronic or postal. However, the Customer has the option, if he wishes, of no longer receiving offers by mail.e-mail by requesting it on the contact page.
Raw Paradigm undertakes to respect the legislation in terms of personal data and to carry out, where applicable, any declaration required with local protection organizations.
As such, the Customer has a right of access, information, modification and withdrawal with regard to the data.personal information concerning him, by sending a simple e-mail or post to Raw Paradigm. Any request, including the surname, first name and address of the Customer must then be sent at email@example.com ,or Raw Paradigm , 8 rue gerin , 38000 Grenoble.
The Client also notes that Raw Paradigm, in a concern for the good commercial follow-up of the Customer, may be required to use "cookies" in accordance with Article 13 of the present T & Cs. The Customer however always has the possibility of deactivating the "cookies" by the means of the options of his Internet browser. In this regard, it suffices to consult the help section of the browser.concerned.
ARTICLE 13 - COOKIES
Two types of cookies are present on our site:Cookies
strictly necessary for the operation of the site
These cookies allow you to use the main features of the site. These cookies are necessary for the site navigation.
Third party cookies
These are in particular statistical analysis cookies that collect information on the navigation made on our site, allowing us to improve your user experience and tailor the services to your preferences.All information collected is anonymous.
ARTICLE 14 - INTELLECTUAL PROPERTY
The Site and all of its editorial, graphic, photographic, audio and video elements
are protected under of the provisions of the Intellectual Property Code.
More generally, copyright and related rights are reserved.and Raw Paradigm is the owner or dealer exclusive of all intellectual property elements composing the Site, such as logos, brands, designs and models, audio and video files, texts, images, technologies and know-how.
As such, any deterioration, as well as, in the absence of authorization, any representation, reproduction,modification, commercial use, total or partial, of the various elements of the Site is prohibited and exposes his (or her) author(s) to prosecution. These T & Cs in no way imply authorization to represent,reproduce, modify or commercially use the various elements of the Site. Thus, any total reproduction or partial of the Site and / or its elements for purposes other than a use in accordance with its / their destination is strictly prohibited: any resale, exchange, rental of files or transfer to third parties is strictly prohibited.
Likewise, the various transfer possibilities offered to the Customer as part of the offers do not in any way entail a waiver by the rights holders of their rights over their files which are the subject of the services of Raw Paradigm . Raw Paradigm also remains the sole holder of the distribution right of said files, which are protected by copyright worldwide.
The Customer hereby undertakes not to affect (modification, deletion, etc.) any measures techniques for the protection of rights, not to obstruct, modify or delete any information relating to the product rights regime, or to encourage or assist third parties to carry out such acts.
The Customer has a right of personal use of the files, limited to the conditions described in Article 4,in a strictly private setting. Any use of files by the Customer outside the scope of these T & Cs is prohibited, and exposes the Customer to civil and criminal legal proceedings.
ARTICLE 15 - CUSTOMER SERVICE
Our Customer Service is at your disposal for any information:
· contact form
· By mail: Raw Paradigm , 8 rue gerin , 38000 Grenoble
ARTICLE 16 - APPLICABLE LAW
These T & Cs are subject to French law.
In the event of a dispute, the parties agree to seek conciliation before initiating an action injustice.
If no amicable agreement is found between Raw Paradigm and the Client, the courts French will have sole jurisdiction unless otherwise provided in the legislation of the Customer's country of residence.