GENERAL CONDITIONS

Harman France SNC is a French general partnership, with a capital of €92,063,570, whose registered office is located in France at 12 bis, rue des Colonnes-du-Trône 75012 Paris, registered with the Paris Trade and Companies Register under number B 302 505 680 (Siret number 302 505 680 000 58 - APE 4643Z - Intra-community VAT number FR 87 302 505 680).

1.1 For the purposes of these General Terms and Conditions of Sale, the following definitions apply:

“Terms and Conditions of Sale” means these Harman Terms and Conditions of Sale for the online sale and delivery of Products;

Harman France SNC and/or its subsidiaries, operating under the name Harman;

Commercial Purposes: commercial activities and/or other operations carried out or envisaged for profit with the Products, including in particular the marketing and resale of the Products to third parties;

“Customer” means any natural person entering into or intending to enter into a contract for the sale of Products for personal purposes, outside of any commercial, industrial, craft, liberal or self-employed activity;

“Products” means all items marketed by Harman to its Customers and Prospects on its Website;

“Personalized Products” means all Products ordered from the “Customize” section of the Website, if available;

“Website” means:

http://fr.akg.com also accessible via www.akg.com/shop 

http://fr.harmankardon.com also accessible via www.harmankardon.com/shop

http://fr.infinitysystems.com also accessible via www.infinitysystems.com/shop

http://fr.jbl.com also accessible via www.jbl.com/shop

1.2 Unless explicitly stated otherwise on the Website for a particular Product and/or transaction, these Terms and Conditions apply to all offers, order confirmations, deliveries of Products and invoices from Harman to the Customer, to each order from the Customer to Harman, and to all agreements between Harman and the Customer as well as to any request from the Customer for the delivery of Products and/or for any information regarding the Products or any other product, including, but not limited to, special offers, promotions and discounts, regardless of whether a Product is ultimately ordered by the Customer or not.

1.3 These Terms and Conditions, the Terms of Use and the Privacy Policy are available on the Website. Before an order can be submitted, the Customer must accept these Terms and Conditions by ticking the appropriate box and pressing the final validation button. Customers may save and print the Terms and Conditions and order details using the tools available on the Website and keep a permanently saved copy. Harman will confirm receipt of the order by email.

1.4 Any general terms and conditions observed by the Customer or other conditions shall not apply. The Customer may only rely on alternative and/or additional conditions if and to the extent that Harman accepts them in writing. Such alternative or additional conditions shall not affect the applicability of the other provisions of the General Terms and Conditions and shall apply exclusively to the agreement for which they are specifically and explicitly agreed in writing.

1.5 Harman reserves the right to amend and/or add provisions to these Terms and Conditions. However, such amendments and additions shall not apply to agreements already concluded by Harman's order confirmation in accordance with Section 3 of these Terms and Conditions.

2.1 All communication between Harman and the Customer may be carried out electronically, unless otherwise explicitly stated in the General Conditions of Sale and/or in the agreement and/or in the legislation . 

NO COMMERCIAL PURPOSE

2.2               The Customer agrees and warrants that the Products purchased through the Website are intended for his/her personal and/or domestic use, excluding Commercial Purposes .

2.3 In addition to other available remedies, Harman reserves the right to refuse, cancel and block orders if Harman suspects, for valid reasons, that the Products are being purchased for Commercial Purposes and/or are associated with such purposes.

3.1 Choice of our Products. Customers will choose the Product(s) they wish to order by clicking on the “Add to Cart” button. This will add the item(s) to the Customer’s cart. Customers can change their choice at any time up until the order is submitted (up to the “Checkout” step) by changing the quantity of products, checking the “Delete” box, or by interrupting the order process. By clicking on the “Order Now” button, the Customer will proceed to the next step.

3.2 Customer Identification. Customers will be required to provide their personal information as requested in the “My Details” section. Gender information is only required if the Customer chooses to pay by certain means and as required by the third-party payment service provider (see Section 7 of these Terms and Conditions for additional information). A “Delivery Address” different from the “Billing Address” may be entered; otherwise, the “Delivery Address” will remain the same as the “Billing Address” entered under “My Details”.

The Customer will be asked to check all details and carefully read the General Terms and Conditions, including, without limitation, the Privacy Policy and the instructions regarding the Customer's Right of Withdrawal as provided for in Article 5 of these General Terms and Conditions. The Customer will only be able to continue the order process if he/she accepts the General Terms and Conditions and the Privacy Policy (by ticking the relevant boxes).

3.3 Selection of payment method. The Customer will choose the desired payment method. Additional information is provided in Article 7 of these General Terms and Conditions.

3.4 Placing the order. The order will be placed by the Client by selecting the submit transaction button. Harman will confirm receipt of the order by email. The contract will be concluded between the parties after confirmation of the order by Harman as provided for in Article

4.1 The Products presented by Harman or on the Website do not constitute a contractual obligation but merely an invitation to place an order on the basis of an offer. Any agreement relating to the placing of an order by a Customer is concluded after confirmation of the Customer's order by Harman by e-mail or in writing, as agreed.

4.2 Harman reserves the right to refuse any order at any time for any legitimate reason. In the event of cancellation of an order, Harman must inform the Customer as soon as possible after receipt of the Customer's order and state the reason for its refusal.

4.3 Harman will confirm the contents of the order by email when confirming the Customer's order and in writing upon delivery of the Products.

4.3 The information, images, advertisements and other materials available on the Website or sent by email or other means of communication regarding offers and the main characteristics of the Products will be as accurate as possible. However, Harman does not guarantee that all offers and Products correspond exactly to the information provided, unless the information has been declared as contractual.

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 30 (THIRTY) DAYS WITHOUT HAVING TO PROVIDE ANY REASONS AS LONG AS YOU HAVE TREATED THE PRODUCT(S) AND THEIR PACKAGING WITH CARE AND HAVE ONLY UNPACKED OR USED THEM TO THE EXTENT STRICTLY NECESSARY TO DECIDE WHETHER YOU WISH TO KEEP THE PRODUCT(S), AS WOULD BE REASONABLY PERMITTED IN A PHYSICAL STORE. WHEN RETURNING THE PRODUCT(S), THE PRODUCT(S) MUST BE RETURNED WITH THE ORIGINAL PACKAGING. RETURNS MUST BE MADE IN FULL, INCLUDING ALL PRODUCTS TO BE RETURNED AS WELL AS ANY ADDITIONAL PROMOTIONAL ITEMS AND/OR GIFTS THAT WERE PROVIDED WITH THE PRODUCT(S), WHETHER THEY WERE OFFERED FREE OF CHARGE OR FOR A REFUND. THE WITHDRAWAL PERIOD EXPIRES AFTER 30 DAYS FROM THE DAY ON WHICH YOU, OR A THIRD PARTY OTHER THAN THE CARRIER AND DESIGNATED BY YOU, PHYSICALLY TAKE POSSESSION OF THE LAST GOOD.

THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO PERSONALIZED PRODUCTS. ONCE ORDERS FOR PERSONALIZED PRODUCTS HAVE BEEN PROCESSED, THEY CANNOT BE CANCELLED, WITHDRAWN, OR RETURNED.

TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU MUST INFORM US OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNEQUIVOCAL STATEMENT (E.G., A LETTER SENT BY POST, FAX OR EMAIL). YOU MAY USE THE ENCLOSED MODEL WITHDRAWAL FORM, BUT THIS IS NOT OBLIGATORY.

TO COMPLY WITH THE WITHDRAWAL PERIOD, YOU SHOULD SEND YOUR COMMUNICATION CONCERNING THE EXERCISING OF YOUR RIGHT OF WITHDRAWAL BEFORE THE EXPIRY OF THE WITHDRAWAL PERIOD.

HARMAN CUSTOMER SERVICE CONTACT INFORMATION AND OPENING HOURS CAN BE FOUND ON THE WEBSITE'S SUPPORT PAGES.

CONSEQUENCES OF THE RIGHT OF WITHDRAWAL  

IN ADDITION TO SUBMITTING A VALID WITHDRAWAL REQUEST AS DESCRIBED ABOVE, THE PRODUCT(S) MUST BE RETURNED AND HARMAN MUST REFUND ANY MONEY PAID FOR THESE PRODUCTS, PROVIDED THAT THE PRODUCT(S) HAVE NOT BEEN USED OR DAMAGED. IF THE PRODUCT(S) HAVE BEEN DAMAGED OR USED, YOU WILL BE RESPONSIBLE FOR COMPENSATING FOR THE LOSS OF VALUE RELATED TO THE USE OF THE PRODUCT(S) BEYOND AN EXAMINATION OF THEIR PROPERTIES AND OPERATION. “EXAMINATION OF PROPERTIES AND OPERATION” MEANS THE TESTING AND PERMITTED AND NORMAL USE OF THE PRODUCT(S) IN A STORE. 

HARMAN WILL MANDATE A COURIER TO COLLECT THE PRODUCT(S) TO BE RETURNED TO HARMAN FROM THE AGREED DELIVERY ADDRESS AND, TO THIS END, HARMAN WILL SEND YOU THE NECESSARY INFORMATION AS SOON AS POSSIBLE FROM THE DAY HARMAN RECEIPT THE NOTIFICATION OF WITHDRAWAL. YOU WILL NOT BE RESPONSIBLE FOR RETURN COSTS UNLESS THE PRICE OF THE PRODUCT(S) TO BE RETURNED IS LESS THAN FORTY (40) EUROS EACH. HARMAN WILL REFUND YOU THE AMOUNT PAID FOR THE RETURNED PRODUCT(S) WITHIN FOURTEEN (14) DAYS FROM THE DAY HARMAN RECEIPT THE NOTIFICATION OF WITHDRAWAL, SUBJECT TO RECEIPT OF THE PRODUCTS BY HARMAN.

ATTACHED MODEL

 END OF THE INSTRUCTIONS RELATING TO THE RIGHT OF WITHDRAWAL.  

6.1 The price of the Product indicated when registering the order on the Website is expressed in EUROS and includes value added tax (“VAT”), but does not include transport or shipping costs. The Customer will not have to pay the transport and shipping costs of the Products. The shipping costs for returned products are indicated in Articles 5.1. and 6.2. The percentage and amount of VAT will be indicated on each invoice.

6.2 When exercising the right of withdrawal from a contract as mentioned in article 5.1, Harman will bear the costs of returning the Products, unless explicitly stated otherwise.

7.1 Unless expressly provided otherwise in writing, payment shall be made using one of the payment methods indicated on the Website, without prejudice to the provisions of Article 7.4.

7.2 Certain payment methods can only be used if the corresponding conditions have been met (Customer credit check, Customer authentication and authorization). If these conditions apply, they will be indicated on the Website.

7.3 If the Customer decides to pay by credit card or electronic means, the terms and conditions of the card issuer or bank will apply. Harman is not a party to the relationship between the Customer and the card issuer or bank. In addition, a third-party payment service provider will facilitate the Customer's payment via the Customer's credit card issuer or relevant bank. Harman does not process Customer payments and only uses data relating to such payments provided by third parties.

7.4 In the event of late payment, the Customer shall also pay late payment interest amounting to one and a half (1.5) times the statutory annual interest rate, calculated from the first day following the expiry of the agreed payment period. Harman reserves the right to claim additional damages attributable to this late payment.

8.1 Harman will deliver the ordered Products to the delivery address indicated by the Customer. For each order, the Customer must indicate whether the delivery address is the same as the billing address.

8.2 Deliveries will only be made to an address in France, and no deliveries will be made to a PO box address. Delivery of the Products ordered will be carried out by a carrier appointed by Harman. The billing address may be located in another country in the European Union, outside the United Kingdom.

8.3 If no delivery date has been agreed, orders will be delivered as soon as possible after order confirmation and, if a deposit has been agreed, after processing the payment method chosen by the Customer. Harman ensures that its carrier delivers the Products ordered by the Customer within ten (10) working days, unless otherwise specified by Harman, with the delivery time never exceeding thirty (30) days from the date of order confirmation. Deliveries are generally made on working days between 9:00 a.m. and 5:00 p.m.

8.4 Generally, it will not be possible for a Customer to order Products that are temporarily out of stock. In the event that this occurs, Harman will inform the Customer of the date on which the product will be available again.

8.5 Large Products may be delivered to the Customer on a pallet, the disposal of which must be arranged by the Customer.

8.6 If a Customer is not present on the first business day on which the ordered Product is delivered, or if the Product cannot be alternatively received by a neighbor, concierge, receptionist, etc., the carrier will attempt to make a second delivery of the Product to the Customer. An ordered Product will be delivered to the Customer a total of two (2) times. If the Customer cannot receive the Product, it will either be returned to the shipping address or kept at a relay point or other available location for the Customer to collect.

8.7 Any delivery times or dates indicated are approximate only and shall never be considered a deadline, unless a fixed delivery date has been agreed. Partial deliveries are permitted within reason, in particular, if the delivery of the remaining Products is guaranteed and if the Customer has no additional costs. The Customer must accept this type of delivery offered by Harman. The General Terms and Conditions of Sale also apply to partial deliveries.

If Harman's performance of its obligations regarding delivery or the date/time thereof is prevented or made difficult by unforeseen circumstances over which Harman has no control, for example: (a) force majeure; (b) fire, hurricane, flood, earthquake, epidemic, pandemic or any other (natural) disaster; (c) riot, war, armed conflict, invasion, terrorist threats or acts, destruction of means of production, offices or warehouses; (d) acts of any national, supranational, public or military authority; (e) national or regional emergency; (f) import/export embargoes, blockades, industrial disputes; (g) unavailability or delay in the supply of (raw) materials, transport services, customs services or labor under normal commercial conditions, power outages or shortages, telecommunications failures or other acts of God, the delivery date/time shall be extended by the period during which the performance of the contract was delayed or hindered. If the situation persists for a period longer than three (3) weeks, the Customer and Harman shall have the right to terminate the contract. Harman undertakes to refund payments made by the Customer as soon as reasonably possible. If the delivery of a Product is delayed, or if an agreement cannot be performed in whole or in part, the Customer shall be informed as soon as Harman becomes aware of such delay or inconvenience.

8.8 The risks of loss or damage to the Products will be transferred to the Customer upon delivery to the Customer.

 8.9 If you have any problems with the delivery of the Product, please refer to the support pages of the Website for further information.

9.1 ALL PRODUCTS DELIVERED BY HARMAN SHALL REMAIN THE PROPERTY OF HARMAN UNTIL FULL PAYMENT OF THEIR PURCHASE PRICE AS AGREED UNDER THE CONTRACT, INCLUDING ANY ANNEXUAL COSTS INCLUDING INTEREST AND COLLECTION COSTS.

9.2 If third parties claim to have rights to the Products delivered by Harman which are subject to retention of title, or wish to establish a right to these Products or intend to seize them, the Customer shall inform Harman without delay.

9.3 If Harman cancels the contract and recovers the Products, Harman may sell the Products to one or more third parties without prejudice to Harman's right to claim damages to compensate for losses suffered in connection with the Customer's failure to meet its obligations.

10.1 Harman warrants that the Products comply with the agreement, the specifications stated in the offer, the reasonable requirements of acceptable condition and/or viability and the applicable legal provisions and/or government regulations in force on the date of conclusion of the agreement. Harman provides additional technical information relating to the Products on the Website.

10.2 A manufacturer's warranty may accompany Products purchased from Harman by a Customer. The Customer may obtain information about this in or on the packaging of the relevant Product or on the Website. This warranty shall not prejudice the statutory warranty rights as specified in Appendix A below. Harman undertakes to comply with all legal obligations to which it is subject as a seller in relation to the conformity of the Products sold to a Customer in accordance with the terms provided.

10.3 In the event of non-conformity, Harman will repair or replace the Product concerned in accordance with these General Conditions of Sale and in all other respects in accordance with applicable legal provisions. 

10.4 The statutory warranty period begins at the time of delivery of the Product and is granted in accordance with applicable legislation, the invoice serving as a warranty certificate.

10.5 If a Product is damaged as a result of improper or inappropriate use, external contingencies, in the broadest sense, to which the Customer has exposed the Product, improper disassembly or uninstallation or other intentional actions on the part of the Customer, the Customer may under no circumstances make any claims against Harman under the statutory warranty.

10.6 If a Customer makes a claim under the (statutory) warranty, he must cooperate with Harman to the extent necessary, including allowing Harman to investigate the circumstances in which the Product was used and how the Products were installed.

 10.7 For further information on how to submit a complaint regarding the delivered Product, please refer to the support pages of the Website.

11.1 All intellectual property rights associated with the Products marketed and supplied by Harman remain the property of Harman or, if applicable, its supplier(s) or subcontractor(s), including entities affiliated with Harman or companies related to Harman within a group, belong exclusively to Harman or, if applicable, its supplier(s) or subcontractor(s). This includes, but is not limited to, copyrights, patents, trademarks, designs, know-how, trade name rights, database rights and exclusive licensing rights.

12.1 Harman's liability is subject to the provisions of Articles 12.2 and 12.3:

12.2 Harman's liability for damages arising from negligence is limited to normal and reasonably foreseeable damages arising from the breach of a material contractual obligation. A material obligation is an obligation required for the performance of the purpose of the agreement and in the performance of which the Customer places or may place its trust.

12.3 The foregoing limitation of liability shall not apply to Harman's liability for injury to life and limb, willful wrongful act and gross negligence.

12.4 When ordering a personalized Product, the Customer represents and warrants that (i) it owns all rights to any content uploaded for the purpose of customizing the Product; (ii) it has obtained permission from all persons appearing in any content uploaded for the purpose of customizing the Product to grant the rights granted herein; (iii) it is over 18 years of age; and (iv) the use by Harman, Harman's third-party service providers, and Harman's business partners of any content uploaded for the purpose of customizing the Product will not infringe the rights of any third party or any law. The Customer releases, discharges, and agrees to hold Harman, Harman's third-party service providers, and/or Harman's business partners harmless from any and all liability related in any way to any content uploaded by the Customer for the purpose of customizing the Product.

12.5 The Customer understands and acknowledges that it is responsible for any content it uploads for the purpose of customizing the Product, and that the Customer, not Harman, assumes full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Harman disclaims any liability to any person for the performance or non-performance of the activities described in these Terms.

13.1 If any provision of the General Conditions of Sale becomes unenforceable, this will not affect the validity of the other provisions.

13.2 The rights and obligations arising from these General Terms and Conditions of Sale for the Customer may not be transferred unless this has been explicitly agreed in advance in writing with Harman.

13.3 The chapters and sections of these General Terms and Conditions of Sale are intended exclusively for ease of reading and cannot influence the content or meaning of the provisions of these General Terms and Conditions of Sale.

13.4 In these Terms and Conditions of Sale, unless the contrary intention is reasonably obvious, gender includes all genders, the singular includes the plural and vice versa; and if a term or phrase is defined, its other grammatical forms have the corresponding meaning.

14.1 If Customers are not satisfied with the way in which Harman is implementing or has implemented the Agreement, they may submit their full and clearly described complaint to Harman within the appropriate timeframe.

14.2 A Customer may contact Harman's customer service department with any questions and/or complaints regarding products supplied by Harman. Customer service is available via the support pages of the website or by email at customer.support@harman.com (Monday to Friday, 8:00 a.m. to 5:00 p.m.).

14.3 Harman undertakes to respond to complaints submitted to it within ten (10) working days from the date of receipt. If the processing of a complaint is likely to require a longer period, Harman will send the Customer a confirmation of receipt of the complaint within the aforementioned period. The notification will also include an indication of the period within which the Customer may receive a more detailed notification.

14.4 The Customers' right to submit complaints does not affect their right to invoke legal claims.

15.1 French law applies to all legal relations between Harman and the Customer. The applicability of the United Nations Convention on the International Purchase of Goods (CISG) is explicitly excluded.

The European Commission offers the possibility of online dispute resolution on a platform provided by it (also known as the "ODR platform"). The ODR platform can be a single entry point for the out-of-court settlement of disputes arising from online sales or service agreements. This platform can be accessed via the external link https://ec.europa.eu/consumers/odr.

Harman is not required to participate in this or any other dispute resolution procedure before a consumer arbitration board. Harman is not currently voluntarily committing to participate in this procedure.