1. Scope of application and contractual language
1.1 These General Terms and Conditions apply to all business relations between Editions Bim Sàrl, CH-1950 Sion, Switzerland and its customers upon conclusion of the contract concerning physical products (scores, books, magazines, accessories; hereinafter referred to as the "Products") and digital content (electronic versions of the Products; hereinafter referred to as the "Downloads").
1.2 These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract. The reference language of these General Terms and Conditions is French. The English and German versions are translations.
1.3 The online store is available in English, French and German, at the Customer's choice.
2. Formation of the Contract
The presentation of the Products in the online store serves as information for the Customer. By clicking on the "Add to Cart" button, the desired item is added to the Customer's shopping cart without any obligation on the part of the Customer. The ordering process begins at the "Order" stage in which all data necessary for order processing is entered. Before completing the ordering process, the Customer has the possibility to check his order and make changes in the shopping cart as well as to change his contact information, shipping method and payment data. The Customer confirms that he/she has read the General Terms and Conditions and the data protection regulations before confirming his/her order. By clicking on the "Pay" button, the Customer places a binding order for the goods in the shopping cart. The customer receives an order confirmation by e-mail. The sales contract is concluded by sending a dispatch notice or by the actual dispatch of the goods.
3. Right of revocation
Swiss law does not provide for any right of revocation or other right of return for e-commerce once an order has been placed.
4. Delivery of the ordered goods
4.1 Editions Bim Sàrl delivers the ordered goods to the address indicated by the Customer as soon as possible, generally within 24 hours after the order has been placed (working days (Monday to Friday).
4.2 The Customer is required to provide a valid and correct address. Editions Bim Sàrl cannot be held responsible for incomplete or erroneous addresses (the automatic data entry in the address form may lead to errors which the Customer is responsible for checking). The costs associated with an incomplete or erroneous address (return of the shipment, extended delivery time, loss of the goods, etc.) shall be borne by the Customer.
4.3 The delivery times indicated in the online store are indicative and depend strongly on international and regional postal services. Editions Bim Sàrl cannot be held responsible for any delays in delivery.
5.1 The amount of the sale is payable at the conclusion of the contract and is made by PayPal or credit card (Stripe). The choice of payment method is at the discretion of the Customer.
6. Guarantees and liability
6.1 Editions Bim Sàrl is responsible for defects in the Product that existed before the goods were sent (e.g. printing or assembly defects). The Customer is obliged to report these defects within 7 days after receipt of the goods to [email protected] with supporting photos. In case of a confirmed defect of the goods, the Customer has the right to a replacement delivery at the expense of Editions Bim sàrl.
6.2 Products damaged during shipment must be reported immediately by the Customer to the service provider (post or special courier). Editions Bim sàrl cannot be held responsible for the deterioration of the Products during shipment.
Additional provisions concerning the use of the products
7. Licenses for Downloads
The Customer can acquire licenses for Downloads through the Newzik application (without the possibility of printing) and download them on terminals of his choice (e.g. computer, digital tablet, smartphone). For the use, the Customer needs a certain configuration and the Newzik playback application (newzik.com). Any subscription costs for Newzik's Premium application are to be paid by the Customer. Downloads are available within 24 hours for orders placed from Monday to Friday. Orders placed on week-ends or holidays will be available the next opening day.
8.1 The Products and the Downloads are protected by copyright. Editions Bim Sàrl does not transfer the ownership of these contents to the Customer. By acquiring the Product or the license of the Downloads, the Customer acquires the simple and non-transferable right to use the Product according to the provisions of the Copyright Act.
8.2 Within the framework of the Newzik application, the Customer is authorized to share the Downloads according to the number of licenses available (musical works with several instrumentalists).
8.3 Any use of the Products without the permission of the Publisher is prohibited, in particular with regard to photocopying for third parties, translations, recording in electronic systems, making available to the public, placing on the Internet or in other computer networks, whether free of charge or for commercial purposes.
9. Data protection
As part of the personal data protection policy exercised by Editions Bim Sàrl and in accordance with the RGPD which came into force on 25 May 2018, the Customer has the right to access, rectify, delete, oppose, limit the processing of his personal data. The Customer may exercise these rights by written request sent to the email address [email protected]
Editions Bim Sàrl does not sell the data collected on the Customer.
Any dispute relating to a sale will be brought before the Swiss courts, even if the goods have been delivered abroad or if payment has been made abroad.
In the event of a dispute relating to a sale, the applicable law will be exclusively Swiss law.