Terms and Conditions
1. Scope and Contractual Language
1.1 These Terms and Conditions apply to all business relationships between Henry Labatiaz Music Editions Sàrl, CH-1890 St-Maurice, Switzerland, and its customers for the conclusion of contracts concerning physical products (sheet music, books, accessories; hereinafter referred to as "Products") and digital content (electronic versions of Products; hereinafter referred to as "Downloads").
1.2 These Terms and Conditions apply in their current version valid at the time of contract conclusion. The reference language of these Terms and Conditions is French. The English and German versions are translations.
1.3 The online shop is available in French, German, and English, at the customer's choice.
2. Contract Formation
The presentation of Products in the online shop serves as information to the customer. By clicking the "Add to Cart" button, the desired item is added to the customer's cart without commitment. The order process begins at the "Checkout" stage, where all necessary data for order processing is entered. Before completing the order process, the customer has the opportunity to review their order, make modifications to the cart, and change shipping details and payment information. The customer confirms having read the Terms and Conditions and data protection provisions before confirming the order. By clicking the "Pay" button, the customer places a binding order for the items in their cart. The customer receives an order confirmation via email. The sales contract is concluded upon sending a shipping notice or the actual shipment of the goods.
3. Right of Withdrawal
Swiss law does not provide for a withdrawal period or other right of return for electronic commerce once an order is placed.
4. Delivery of Ordered Goods
4.1 Henry Labatiaz Music Editions Sàrl delivers the ordered goods to the address indicated by the customer as soon as possible, generally within 72 hours following the order (business days, Monday to Friday). However, in certain cases (reprints, technical issues, etc.), ordered items may experience variable delivery times. Delivery delays do not grant the buyer the right to cancel the sale or refuse the goods.
4.2 The customer is responsible for providing a valid and correct address. Henry Labatiaz Music Editions Sàrl cannot be held responsible in any way for incomplete or incorrect address entries (automatic data entry in the address form can result in errors, the control of which is the responsibility of the customer). Costs associated with an incomplete or incorrect address (return shipment, extended delivery time, loss of goods, etc.) are the customer's responsibility.
4.3 The delivery times indicated in the online shop are indicative and strongly depend on international and regional postal services. Henry Labatiaz Music Editions Sàrl cannot be held responsible for any delivery delays.
4.4 In the case of Download orders, the ordered digital content will be sent via download link.
5. Payment
5.1 Payment is only accepted in Swiss Francs (CHF).
5.2 Payment can be made at the customer's discretion:
- By invoice (30 days and within Switzerland only)
- By credit card (Visa or Mastercard)
- By TWINT©
- Or by bank transfer (advance payment)
6. Warranties and Liability
6.1 Henry Labatiaz Music Editions Sàrl is liable for defects in the Product that exist before the shipment of the goods (e.g., printing or assembly defects). The customer must report these defects within 7 days after receiving the goods to info@editions-henry-labatiaz.ch, along with supporting photos. In the case of confirmed defects in the goods, the customer has the right to a replacement delivery at the expense of Henry Labatiaz Music Editions Sàrl.
6.2 Products damaged during shipping must be immediately reported by the customer to the service provider (postal service or special courier). Henry Labatiaz Music Editions Sàrl cannot be held responsible for product deterioration during shipping.
7. Licenses for Downloads
The customer can acquire licenses for Downloads. The customer's name, purchase date, and the number of purchased licenses will appear on the Download. The customer is authorized to print or transmit the Download within the limits of the acquired licenses.
8. External Orders
8.1 Henry Labatiaz Music Editions offers a service for ordering sheet music from other national and international publishing houses.
8.2 If an order cannot be placed within 15 days due to reasons beyond the responsibility of Henry Labatiaz Music Editions (e.g., bankruptcy or non-response from the contacted publishing house), the order is canceled without cost to the customer.
8.3 No specific timeframe can be guaranteed for these orders.
9. Gift Certificates
9.1 A gift certificate is a prepayment value card and is comparable to a gift voucher. Gift certificates can be purchased from the online shop or at the Saint-Maurice branch (Grand-Rue 46, 1890 St-Maurice, Switzerland).
9.2 The gift certificate is bearer and transferable. The bearer is bound by the sales conditions accepted by the customer at the time of purchase.
9.3 Each gift certificate carries a unique number. Upon its first use, the unique number is linked to the customer's account for order processing. In case of not using the full amount of the gift certificate, remaining balances are linked to the customer's account and are no longer transferable. Any deviations or additional provisions will be indicated separately.
9.4 The gift certificate must be treated like cash. Henry Labatiaz Music Editions Sàrl declines all responsibility for loss or theft of the gift certificate and does not replace it.
9.5 Gift certificates have a prescription period of 5 years from the purchase date, i.e., the date of issuance of the gift certificate. They are not extendable or refundable.
10. Copyright
10.1 Products and Downloads are protected by copyright law. Henry Labatiaz Music Editions Sàrl does not transfer ownership of these contents to the customer. By acquiring the Product or Download license, the customer acquires a simple and non-transferable right to use the Product in accordance with copyright law.
10.2 Any unauthorized use of the Products or Downloads is prohibited, particularly in relation to photocopying for third parties, translations, recording in electronic systems, making available to the public, uploading to the internet, or other computer networks, whether for free or commercial purposes.
11. Data Protection
In line with the personal data protection policy followed by Henry Labatiaz Music Editions Sàrl and in accordance with the GDPR effective from May 25, 2018, the customer has the right of access, rectification, erasure, objection, and limitation of the processing of their personal data. The customer can exercise these rights by sending a written request to the email address info@editions-henry-labatiaz.ch. Henry Labatiaz Music Editions Sàrl does not commercialize the data collected about the customer.
12. Disputes
12.1 Any dispute related to a sale will be brought before Swiss courts, even if the goods have been delivered abroad or payment has occurred abroad.
12.2 In case of a dispute related to a sale, exclusively Swiss law shall apply.
Done in St-Maurice on July 26, 2023
