Terms and conditions of sales

• The present conditions are intended to govern the contractual relations
• between, on one hand, the company BDL,
• Siret : 407.718.527.00028
• Head office: ZI Du Bec 33810 Ambès
• SAS with a capital of €250,497.50
• Intra-community VAT number FR 46 407718527,
• hereinafter referred to as "TUNETOO"
• Being the Contracting party
• Email address: sav@tunetoo.com
• and, on the other hand, customers wishing to make a purchase via the TUNETOO website https://www.tunetoo.co.uk hereinafter referred to as
• "the customer" and accepting the Terms and Conditions of Sales.
• The information on the TUNETOO website may be modified by BDL without prior notice.

1.2. COMMERCIAL OBJECT OF THE TUNETOO WEBSITE

• Operation of TUNETOO Shop: TUNETOO is responsible for the form and the content.
• Operation of Reseller Shop: Each Reseller is required to publish the information about him, visible in the GTC of his shop. By contract when creating his shop, he becomes responsible for the totality of his publication on the form and the content.

2. ORDER

• The sole act of placing an order on the website involves the unreserved acceptance of the present terms and conditions of sales.
• The order can only be considered as firm and definitive from its full payment.
• The terms and conditions of sales are concluded with the customer for the duration necessary for the execution of the order, until the date of delivery initially planned.

3. RIGHT OF WITHDRAWAL AND PRODUCT RETURN

• In the case of customized articles, the provisions of Article L. 121-20-2, 3° of the Consumer Code apply and deprive the customer of his 7-day withdrawal period and the return of customized goods.
• However, the TUNETOO customer service agrees to examine any request for returns.

4. PRODUCT DESCRIPTION AND MARKING

• The descriptions concerning the products or the marking techniques: color, photography, characteristics are indicative and may differ from the final product.
• TUNETOO agrees to ensure that this is acceptable to the customer.
• The achievement of the customized work is subject to interpretation by TUNETOO on the size and locations of the designs.
• The rendering of a customization on textile or objects is not the exact reflection of an image on-screen. TUNETOO cannot be held liable for the combination of the different marking techniques with different product colors that can lead to variations in the result.

5. DESIGNS

• The client who proposes a personal design or a text assures in fact by submitting his file, that he is the holder of the rights relating to it and exempts TUNETOO from any legal responsibility. The customer agrees to reimburse the expenses and damages caused by his action.
• TYPES OF FILES
• We recommend that you work from a source file - Original (like a TIFF or PSD file) then save it in high resolution JPEG or in RGB mode.
• Your files will not be degraded and will be able to be imported faster.
• Please be aware that we will never be able to modify or change the files you download.
• Using high resolution JPEG will also allow you to download a file with large dimensions and a higher resolution, while remaining within the 75 MB download limit.
• PRINTING SIZE AND DIMENSIONS
• We print what you publish!
• In order for us to make your piece, it is important that your image fits into our maximum printable area. You will notice that once your file is downloaded, the size of the file is limited to this area. However, you can resize your design at will if you respect the printable area. In addition, this area aims to ensure the quality of your image according to the chosen printing mode. Finally, we strongly recommend that you do not manually increase the pixel dimensions of your images by "resampling" in Photoshop. This is tantamount to deceiving our system when it analyzes the file and results in a low-quality print. Be sure to always ensure the best possible image quality as you can reduce it if necessary but you cannot improve it.
• COLOR MANAGEMENT
• RGB Format
• If your file is already in RGB format, keep it! If your file is in CMYK format you can either convert it to RGB or just keep it in CMYK. However, you will not get the expected result and the image quality will deteriorate if you switch from RGB to CMYK.
• Play on the grey level for black and white pictures
• Record and download greyscale images for quality black and white photos. We use greyscale printing profiles that use light black ink, black light, and light to produce grey tones which are more or less superior, without color change.
• Incorporate your color profile
• If you want specific colors on your design, incorporate them into your image before downloading because we print the files as we receive them. Photoshop allows you to incorporate a color profile from the "Image" tab, then "Convert to Profile". Choose a color profile that is right for your images. The most popular are the RGB and Adobe RGB (1998). In order to keep the same colors as on your workspace, make sure that your "Destination space" or "Source space\ is the same between the color profile chosen and those of your original file. Note that a color profile is a set of instructions that is incorporated or assigned to your image to allow your computer to display colors accurately. Most images from a digital camera (and sometimes scanners) already contain an integrated ICC profile (color profile). So that we can best reproduce the colors of your project, be sure to create a color profile before sending your files to us.
• Image scanning
• It is important that your images, drawings or other designs are digital. We recommend that you take pictures of your achievements if they are not scanned. Ask your entourage for help in making of a quality picture if you do not know how to do it. In case you want to do it yourself, here are some quick and easy steps to follow to get quality pictures.

• Use a "prosumer" quality camera (6 megapixels or more)
• Find an open and bright space to work
• Hang your projects horizontally or on a flat support
• Use a tripod and position the camera towards the center of your realization
• Center your lens such that the realization is in the "focal plane" in which the sharp image forms
• Use a diffuse light source without glare (pay attention to "flashes")
• Use a suitable lens size so as not to distort or alter your image
• Thanks to Photoshop, Aperture etc... modify your image for color corrections
• Reframe and center your photo
• Print a sample on a high-quality color printer for a preview

• Your creations, your property!
• IMPORTANT: Please note that other members of the Tunetoo community do not have access to your high resolution file. When you download a file for the realization of your product, it is immediately transformed into "screen preview" and therefore cannot be used by anyone other than you. In addition to that, we keep your original file only on our server in order to be able to process your order.
• Check your files one last time!
• Remember to check your files one last time before sending them to us. Note that anything you can identify on your image will appear when printing. Color correction, finishing and framing must be done before downloading. Make sure your file is ready before sending it to us because once downloaded, it is available for sale.
• Finally, the Tunetoo team remains at your disposal in case of problems or for any other questions!! Do not hesitate to contact us by phone or email.
• TABLE OF COMMISSIONS
• There are three ways of earning money with the sale of your designs or your personnalised products: Campaigns, Designs and E-shop.
• Sales commissions for your designs and/or products will be paid by PayPal, upon request and with no minimum amount needed within 48h, once your commissions are validated. Payment requests can be made from your Dashboard. In order to receive payment, please make sure you have filled in your PayPal details under 'My Information'. Campaigns and E-shop: Tunetoo establishes a base price per product and you can decide its selling price. Your commission will be the difference between the selling price and the purchasing price, deducting VAT.
  
  Example for an e-shop article:

6. PRODUCT AVAILABILITY

• TUNETOO agrees to deliver orders received within the limits of available stocks.
• In case of a product shortage, TUNETOO will notify the customer as soon as possible in order to propose a new delivery time, a substitute product or a refund.
• TUNETOO cannot be held liable for the nonfulfillment of the order in case of force majeure such as a flood, fire, disturbances or total or partial strike in particular of the postal services and transport means and in case of obvious error.

7. PRICES

• Prices are displayed including VAT. Shipping costs are indicated and justified on the invoice

8. SCALE MODEL OF CUSTOMIZATION

• Some processes require additional validation between the client and TUNETOO.

9. CUSTOMER INFORMATION

• Customer information is the sole responsibility of the customer.
• TUNETOO cannot be responsible for any errors when typing personal data.

10. PAYMENT

• The payment on the TUNETOO website is completely secured thanks to the online payment system of our banking partner:
• the Crédit Mutuel Arkéa.
• Your banking data only circulates on the internet in encrypted form, i.e. they are coded so as to render them totally illegible.
• They are transmitted directly to Crédit Mutuel Arkéa in a secure manner (ssl protocol) and are never in the possession of TUNETOO.
• Your payment is 100% secure

11. DELIVERY

• Delivery by a Carrier (tracked parcel)
• If the Customer cannot be present on the day of the delivery, a transit advice note is deposited in the Customer's mailbox.
• 
  1. Delivery Time for Customized Products: Customized products require a specific manufacturing time. The average observed time for the production of these products is 5 to 10 business days before shipment. Tunetoo will do its utmost to ship the customized products within 5 to 7 business days after order confirmation. However, exceptions may occur, leading to longer delivery times, possibly exceeding 30 days.
• 
  2. Acceptance of Extended Deadlines: By confirming the order, the Client acknowledges and accepts that the delivery time for customized products may exceptionally exceed 30 days. This condition is clearly indicated at the time of order.
• 
  3. Information and Transparency: The Client is informed of the delivery times before order confirmation. By accepting these conditions, the Client acknowledges having been informed of the average manufacturing and delivery times, as well as the possibility of extensions in case of exceptional circumstances.
• 
  4. Order Tracking: Tunetoo commits to providing the Client with regular updates on the progress of the manufacturing and delivery of customized products. A tracking number will be provided once the product is shipped.
• 
  5. Delivery Delay: In case the estimated delivery time is exceeded, the Client can contact customer service to obtain information about the status of the order. If delivery has not occurred within a reasonable time after the initially scheduled date, the Client may:
  - Request the termination of the sale by sending a formal notice to deliver within an additional reasonable period.
  
  6. Absence of Right of Withdrawal: In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to products made to the consumer's specifications or clearly personalized. By confirming the order for customized products, the Client waives the right of withdrawal.
  
  Packages returned to us due to non-claim, addressing error, or any other reason for which we cannot be held responsible will not be refunded. The packages can be reshipped upon payment of new shipping costs via a banking platform or bank transfer.

12. Tunetoo.com Returns Policy

• Product Complaints : If you notice any printing defects, damage or faults on items received, please notify us within 30 days of receipt of the order.


• Management of lost parcels : If a parcel is lost in transit, please notify us within 4 weeks of the expected delivery date.


• We will cover the cost of reprinting and shipping to replace the order.


• We will need your cooperation, such as confirming the delivery address with your customer, or suggesting that your customer check with their local post office.


• Parcel marked as Delivered, But Not Received : When tracking indicates that the parcel has been delivered but the customer has not received it, Tunetoo.com does not take responsibility for sending a new parcel.


• The carrier's tracking is considered proof of delivery.


• We advise the customer to check with their neighbours or go to the local post office with their tracking number and proof of identity.


• If the parcel is too large for the letterbox or if the letterbox is not up to standard, the parcel may be at the post office.


• If the customer is unable to locate the parcel, the decision to reorder at your expense rests with you.


• Order problems : If you have a problem with the products or any other aspect of your order, please report the problem to sav@tunetoo.com.


• The address for returns is predefined by Tunetoo.com. When a return is received, you will be notified by e-mail. Unclaimed returned items will be donated to charity after 30 days. If you choose a return address other than Tunetoo.com, you will be responsible for any returns received.


• Incorrect Address : If an incorrect delivery address is provided by you or your customer, the parcel will be returned to our premises.


• You will be responsible for the cost of returning the parcel once an updated address has been confirmed.


• Unclaimed parcels : Unclaimed items returned to our premises will incur reshipment charges at your expense, whether to you or your customer.


• Accounts and Billing : In the absence of a registered account on tunetoo.com with a billing method, you agree that any order returned due to incorrect address or no claim will not be reshipped and will be donated to charity, without refund from us.


• Return Exceptions : Tunetoo.com does not take back sealed items, such as face masks, for health or hygiene reasons. These returned orders will not be reshipped and will be disposed of.


• Customer returns : We advise your customers to contact us before making any returns.


• We do not refund orders due to a change of mind.


• Returns and size exchanges are your responsibility. Used or damaged products will not be refunded.


• Notification for EU Consumers : In accordance with Articles 16(c) and (e) of Directive 2011/83/EU, the right of withdrawal does not apply to personalised goods or sealed goods opened after delivery.


• Tunetoo.com reserves the right to refuse returns under these criteria.

13. BILLING

• Invoices are written by TUNETOO and subject to errors.

14. JURISDICTIONAL COMPETENCE

• Invoices are written by TUNETOO and subject to errors.
• In the case of a dispute, the French courts shall have exclusive jurisdiction.
• Any dispute between a customer and the contractor will be submitted, if it cannot be settled amicably between the parties, to the jurisdiction of the Commercial Court of Bordeaux within the jurisdiction of which the registered office of the company BDL is located.

15. Legal notices

• 1. LEGAL INFORMATION
• This website is published by: BDL, SAS, with a share capital of €250,497.50, registered with the Trade and Companies Register of Bordeaux under the number 407 718 527, whose head office is at ZI du Bec d'Ambes 33810 Ambes, intra-community VAT number FR 46 407 718 527,
• The publishing director of the website is Mrs. Evelyne Menanteau acting as Manager;
• The host of the website is OVH. Storage is provided by the SARL OVH.
• Head office: 140, quai du Sartel – 59100 ROUBAIX
• Tel : +33 (0)899 701 761 - Fax : +33 (0)3 20 20 09 58
• Email: support@ovh.com
• Website: www.ovh.com
• Tunetoo is registered with the CNIL under the number 1574458
• For any information or advice, you can contact us via e-mail at sav@tunetoo.com from Monday to Friday from 9 a.m. - 12:30 p.m. | 2 p.m. – 6 p.m.
• You can report any inappropriate or illegal content to the following address:
• Tunetoo_Ventes@tunetoo.com . Please note that no questions asked at this address concerning the products and services offered for sale on the website, the follow-up of the processing of your order or the requests related to the customer service of your products will be answered.
• 2. CONDITIONS OF USE OF THE WEBSITE
• 2. The User acknowledges that he has read and agrees to abide by these conditions of use.
• 3. The user acknowledges that he / she has the competence and means to access and use this website.
• 4. The user acknowledges having verified that the computer configuration used does not contain any virus and is in perfect working order.
• 5. Tunetoo makes every effort to provide users with information or available and verified tools but cannot be held responsible for errors, lack of availability of features or the presence of viruses on its website.
• 6. Tunetoo reserves the right to remove, change or modify this website at any time without notice.
• 7. Tunetoo cannot be held liable for any damage, in particular for damages resulting from the transmission of documents over the Internet.
• 8. Tunetoo reserves the right to revise, delete, modify, validate or change, in full or partly, any content sent to or displayed on the website.
• 3. DATA PROCESSING AND FREEDOMS
• 9. Pursuant to Act No. 78-17 of January 6th, 1978, as amended, relating to data processing, files and freedoms, the website has been the subject of a declaration to the National Commission of Data Processing and Freedoms (www.cnil.fr).
• 11.The user is informed that he / she has a right of access, interrogation, and correction which enables him or her to correct, complete, update, lock or delete personal data concerning him which are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or preservation is prohibited.
• 12. The user also has the right to object to the processing of his data for legitimate reasons as well as a right to object to the use of these data for commercial prospection purposes.
• 13. All such rights shall be exercised at Tunetoo by post, accompanied by a copy of an identity document bearing a signature at the following address:

• Tunetoo.co.uk
• Customer Service
• Industrial Zone of Bec d’Ambes
• 33810 Ambes

• 4. APPLICABLE LAW
• 14. The French law is applicable both for rules of form and substance.

16. Data Protection

• Tunetoo uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Tunetoo for fulfillment and handling of the contract. This data is treated confidentially by Tunetoo and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Tunetoo has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.