MUSIC CARE is a SAS registered with the Paris Trade and Companies Register under number 505 386 425 having its registered office at 7 rue de la Popincourt, 75011 Paris, represented by its President, Mr Stéphane Guétin (hereinafter the ” Company “).
The term “MUSIC CARE” used hereafter refers to the Company as any company which would be affiliated to it, subsidiary and or branch, French and or foreign, as well as their successors and or any company coming to their rights with regard to the present.
MUSIC CARE is the publisher of the website http://www.music.care (hereinafter the “MC Site”).
MUSIC CARE’s activity is, on the one hand, publishing and music production and, on the other hand, the research, development and marketing of therapeutic and well-being solutions combining music and neurosciences.
MUSIC CARE is the creator and publisher of an innovative digital service called “MUSIC CARE” intended to support the treatment of certain physical and/or neurological conditions such as pain, anxiety, stress, depression, sleep disorders, hyperactivity, reduce its harms and improve well-being without or with less drug consumption. This service revolves around a catalog of musical works specially designed and published by MUSIC CARE according to specific technical prescriptions resulting from its scientific research. It also includes innovative data analysis tools allowing self-assessment of its effectiveness, improvement of its experience and personalized recommendations.
The MC Solution is offered in the form of a digital application accessible via the MC Site (Webapp) and or via a mobile application accessible on mobile digital devices such as smartphones and or tablets (hereinafter “the MC App” or “the Application “).
MUSIC CARE markets the MC Solution for individual use by individuals within the framework of its own commercial offers (hereinafter the “Individual Offer(s)”) comprising the license to use the MC Solution described herein ( hereinafter the “MC License Individuals” or “License”).
Some Individual Offers also contain additional services associated with the Offer such as dashboards and/or administrator interfaces to monitor the effectiveness of the MC Solution and its levels of pain, anxiety, sleep, etc. before and after each session and receive personalized recommendations (hereinafter “the Associated Services”).
MUSIC CARE offers an After-Sales Service available by email: contact@music.care or by telephone on +33 (0)9 52 03 03 34 from 9 a.m. to 12:30 p.m. and from 2 p.m. to 5 p.m. Monday to Friday (hereinafter “the after-sales service”).
The services of MUSIC CARE subject of the present consist of the provision to individuals of the MC Solution and or Associated Services on the Site and or the Application in accordance with the License MC Individuals and Associated Services within the framework of Individual Offers (hereinafter “the MC Services”).
The MC Services are marketed either directly by MUSIC CARE, or via third party partners of MUSIC CARE in association or not with a third party product and or service (hereinafter the “MC Partner(s)”).
These general terms and conditions (hereinafter “GTCSU”) define the conditions of sale by MUSIC CARE of its MC Services to INDIVIDUALS as well as the respective rights and obligations of MUSIC CARE and of any INDIVIDUAL user of the MC Services in this context. For the purposes hereof, “INDIVIDUAL” means any natural person who uses the MC Services acting in a personal and individual capacity without any professional, commercial purpose or any form of attachment to a legal person (hereinafter “the User”).
The CGVU are opposable to any sale of Service(s) to any User and to any use of Service(s) MC by any User.
The GTCSU prevail over any other document relating to such sales and uses of the MC Services.
The CGVU are accessible and printable at any time from the MC Site and can also be requested from the after-sales service.
Within the present, the terms with capital letters get along with their definition stated in the Introduction of the present and for the remainder as follows:
“Connection Codes”: refers to the User’s identifier consisting of his email address and his password chosen according to the security requirements indicated by MUSIC CARE.
“MC Account” or “Account”: refers to the User’s personal and specific account allowing him to access the MC Services.
“Confirmation”: refers to the registration confirmation email received by the User, which marks the effective date of his Individual Offer.
“Personal Data(s)”: means any information relating to an identified or identifiable natural person; an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity.
“DPO”: designates the MUSIC CARE data protection officer who is the person to contact for any question relating to your personal data and to exercise your rights.
“Health Data”: means personal data relating to the physical or mental health of a natural person, including the provision of health care services, which reveal information about the state of health of that person. In the context of the present, these consist in particular of the levels of pain and or anxiety of the User before and after the use of the Services.
“IP Elements”: designates all intellectual and/or industrial property rights held by MUSIC CARE as stated herein.
“Party(ies)”: means separately or together MUSIC CARE and/or the User.
“Price”: refers to the prices appearing on the MC Site at the time of subscription to an Individual Offer.
“ Data Protection Policy ”: refers to MUSIC CARE’s personal data protection policy in force.
“Applicable regulations”: refers to the legal provisions applicable to the protection of Personal Data and in particular the Data Protection Act No. 78-17 of January 6, 1978 in its current version and EU Regulation 2016/679 known as “GDPR”
“Data Controller”: means the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller may be designated or the specific criteria applicable to his designation may be provided for by the law of the Union or by the law of a Member State.
“Processing”: means any operation or set of operations carried out or not using automated processes and applied to data or sets of personal data, such as the collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, reconciliation or interconnection, limitation, erasure or destruction.
Each Individual Offer includes the following license to use the MC Services:
For a period of THIRTY (30) days from the creation of the MC Account, MUSIC CARE authorizes the User, free of charge, non-exclusive and non-transferable, to use, free of charge, the MC Services available on its MC account in strict and complete compliance with the CGVU and the following conditions of use:
– in individual listening by the sole User holding the MC Account personally and by name;
– according to the streaming and temporary download formats accessible on his MC Account only and without any modification; On a personal and non-professional basis, without any commercial, professional and/or research and/or scientific study purpose, except with the prior written authorization of MUSIC CARE;
– without any illegal purpose or likely to infringe the rights of anyone.
At the end of this free period, in return for payment of the Price of the Individual Offer and for the entire duration of activation of his MC Account, MUSIC CARE authorizes the User, on a non-exclusive and non-transferable basis, to use the MC Services included in its Individual Offer from its MC Account only in France and in strict and complete compliance with the GTCSU and the aforementioned conditions of use.
It is expressly forbidden for the User to grant the benefit of his License and/or to grant any sub-licence to any third party, for a fee and/or free of charge.
Some Private Offers also contain additional services associated with the Private Offer such as:
– an administrator interface allowing the User only to monitor the effectiveness of the MC Solution and in particular his levels of pain and/or anxiety, before and after each session and to receive personalized recommendations;
– and or any other tool or service made available on the User’s MC Account within the framework of an Individual Offer.
MUSIC CARE offers its MC Services to individuals according to the Individual Offers available and presented on the MC Site on the day of their purchase by the User. The Individual Offers are active from the activation of the MC Account without a minimum commitment of duration, for an unlimited period until the closure of the MC Account.
Individual Offers can be subscribed to online on the MC Site by following the instructions therein, after having necessarily informed the origin of their registration (on the recommendation of a general practitioner, a specialist doctor or other) and created an Account MC.
The User will then receive a Confirmation of his registration which constitutes the effective date of his Individual Offer.
Any Confirmation implies full and complete acceptance of the GTCSU in force on the date of this confirmation and commits the User to full payment of the Price, if applicable.
The price
The Prices of the Special Offers are those which appear on the MC Site at the time of subscription to the Offer by the User.
The Prices are indicated in euros, all taxes included (TTC).
They include any reductions/discounts applicable on the day of subscription.
They include VAT at the rate applicable on date, unless the User comes from an invoicing country where VAT is not applicable.
They also include any new taxes or contributions, in particular environmental ones, that may be applicable.
The Price may be freely modified by MUSIC CARE. Any change in Price will be notified to the User at least TWO (2) months before the application of the new Price. The latter will then be free to maintain his Account and will then have the new Price applied from the announced date of application or to close his Account before the application of this new Price.
The Price of the Individual Offer will be deducted automatically each month from the bank details provided by the User. The corresponding invoices will be accessible and downloadable from the User’s MC Account.
Late payment and unpaid
In the absence of payment of any installment of an Individual Offer at the end of THIRTY (30) days after a formal notice remained unsuccessful, MUSIC CARE reserves the right to close the MC Account without further notification, in addition to pursuing the recovery of the sums unpaid.
Any delay in payment will automatically result in the application of a late payment penalty equal to three times the legal interest rate in force, in addition to a lump sum recovery indemnity of 40 euros and any additional compensation on justification, in addition to the payment of a penalty clause for an amount corresponding to 20% of the unpaid sums including tax.
This penalty will be applied to the amount including VAT of the invoice and calculated per day of delay from the day following the due date of the invoice until the date of effective payment.
Any amount owed by the User under the Individual Offer will be paid in full without compensation, or condition and without deduction for any dispute.
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 221-25 OF THE CONSUMER CODE, THE USER EXPRESSLY DECLARES, BY ACCEPTING HEREBY, TO WAIVE THE EXERCISE OF HIS RIGHT OF WITHDRAWAL SO THAT THE MC SERVICES CAN BE PROVIDED TO HIM IMMEDIATELY.
Any use of the MC Services is subject to prior knowledge and acceptance of the GTCSU.
After having read the GTCSU, by ticking the acceptance box proposed by MUSIC CARE, the User expressly declares to accept all the provisions of the GTCSU which are binding on him from this moment.
In any event, any use of the MC Services implies unreserved acceptance of the GTCSU in force at the time of such use.
Use of the MC Services is not permitted to unauthorized minors.
By accepting the GTCSU, the User expressly declares to be legally of age and to have the legal capacity to adhere to the present, or if he is a minor, guarantees to hold express parental authorization allowing him to adhere to the present. He undertakes to justify this to MUSIC CARE on first request.
6.3 Creating an MC Account
To access the MC Services, the User must first choose the Individual Offer he wishes and must inform the origin of his registration (on the recommendation of a general practitioner, a specialist doctor or other). He must then create a personal MC Account by following the instructions mentioned on the MC Site and, if necessary, fill in his payment information via the proposed outsourced payment system.
The email address provided by the User to create his MC Account will constitute his identifier. He will then choose a password according to the security requirements indicated by MUSIC CARE. Together these codes will constitute his Connection Codes to his MC Account allowing access to the MC Services included in his Offer.
The User may at any time modify his password only (in the event of loss in particular) by following the instructions appearing on his MC Account.
The MC Account is personal and specific to the User.
The User’s Connection Codes are strictly personal and must under no circumstances be communicated to any third party.
The User undertakes to ensure, at all times, the strict confidentiality of his Connection Codes, by himself and by any third party acting on his behalf and not to disclose it to any third party.
Furthermore, the User undertakes to notify MUSIC CARE in the event of unauthorized or fraudulent use of the MC Services or its Connection Codes as soon as they become aware of it, by any means. He will then be prompted to change his password. He is also informed that MUSIC CARE may have to delete his MC Account.
In the event of suspicion of the use of Connection Codes by a third party, MUSIC CARE reserves the right to close any Account without notice.
The User is solely responsible for his Connection Codes. He expressly agrees that this information is complete and accurate and does not infringe the rights of third parties.
The User may at any time request the closure of his MC Account from his MC Account.
Upon receipt of the request, the Account will be deactivated within 48 hours. All data concerning the Account will be deleted except for those that MUSIC CARE is authorized to keep in accordance with its Personal Data Protection Policy .
Any request for closure made after the end of the current month entails invoicing for the month started.
The MC Account will be active until the end of the duration of the Individual Offer subscribed to or until the User closes his MC Account according to the terms set out herein, whichever occurs first.
The User is informed that any creation of an MC Account is likely to be canceled and refunded if necessary if he disregards all or part of the GTCSU.
To access the MC Services, the User must have an Internet access supply service in working order and digital reading device(s) allowing access to the Internet network, downloading and reading of mobile applications compatible with the technical requirements of the download platforms offering the MC App.
The equipment needed to access and use the MC Services is the full and sole responsibility and charge of the User, as are the telecommunications costs incurred by their use. MUSIC CARE will not carry out any maintenance or technical intervention on this equipment. By using the MC Services, the User acknowledges having the means and skills necessary to use the MC Services.
Once the MC Account has been created, the User must then:
If he has subscribed to his Individual Offer directly via MUSIC CARE, go to the download platforms offering the App MC (such as Apple App Store, Google Play Store, Android) to download the App MC on his compatible mobile device according to the prerequisites defined herein.
If he has subscribed to his Individuals Offer via an MC Partner, follow the instructions for getting started given by the MC Partner or use the pre-formatted device provided by the latter.
Once installed, the MC App will be usable in accordance with the present conditions, by means of the Connection Codes associated with the User’s MC Account for the duration of the activation of his MC Account.
The Associated Services included in the Individual Offer, if any, will be accessible to the User not on the MC App but on the MC Site only and this from the MC Account by means of the User’s Connection Codes.
The User is authorized to use only the MC Services included in the Individual Offer to which he has subscribed and strictly in accordance with these presents.
Any use of MC Service(s) outside the conditions of the MC Individual License will give rise to additional invoicing, in addition to possible legal action.
No MC Individual License can be considered as operating a transfer of ownership of any kind in favor of the User. The User is therefore prohibited from assigning, transferring, lending, sub-licensing, delegating or granting to a third party, even free of charge, directly or indirectly, any right of use conferred herein without the written consent prior to MUSIC CARE.
Any use of the MC Service(s) that is not permitted, illegal or generally does not comply with the CGVU will result in the immediate removal of all access to the MC Services without possible compensation, and in addition to possible prosecution.
IT IS ALSO EXPRESSLY INDICATED THAT THE MC SERVICES ARE NOT INTENDED TO ENABLE THE DISCUSSION OF POSSIBLE ADVERSE EFFECTS THAT MAY BE RELATED TO ANY MEDICINE OR HEALTH PRODUCT.
Thus, the free fields included in the MC Services and/or the areas intended for comments/notes on the stores on which the App is available for download must not relate to undesirable effects linked to a drug or health product.
If the User has questions about a drug or health product or if he wishes to report a quality defect or an adverse effect, he seeks the advice of his attending physician or must contact the medical information service of the publishing Laboratory said medicine (toll-free number available in the information leaflet of the medicine or health product). He can also report to the health authorities, on the site www.signalement-sante.gouv.fr, any adverse event, adverse effect, incident or risk of incident related to a drug or health product.
The MC Services are accessible on the MC Site and or on the MC App 24 hours a day, 7 days a week except in the event of force majeure or an event beyond the control of MUSIC CARE and subject to any breakdowns and or interventions necessary for the proper functioning of its MC Services.
MUSIC CARE cannot be held responsible for disturbances, cuts and/or anomalies which are not its fault and which would affect transmissions via the Internet and more generally via the communication network, regardless of the importance and duration. .
It is also specified that MUSIC CARE may be required to temporarily interrupt accessibility to the MC Services or to suspend access to these elements for reasons of maintenance, updates or repairs. Furthermore, MUSIC CARE does not guarantee that the MC Services are free from anomalies, viruses and errors and that its operation will be uninterrupted. In this, no guarantee whatsoever is issued as to the availability, accuracy, reliability, information or content of the MC Services. MUSIC CARE will ensure the operational and corrective maintenance of its MC Services to ensure continuity of use by the User. The User must comply with the updates requested by MUSIC CARE. Failure to comply with the updates prescribed by MUSIC CARE constitutes a fault on the part of the User. MUSIC CARE is bound only by an obligation of means with regard to the User. In the event that MUSIC CARE operates upgradeable updates to the MC Services, and without this being an obligation for MUSIC CARE, the User will automatically benefit from the functionalities and new features of the MC Services.
MUSIC CARE manages Personal Data in accordance with the Applicable Regulations and with its Data Protection Policy .
The DPO of MUSIC CARE is the DPMS company which can be reached at the postal address MUSIC CARE – DPO 7 rue Popincourt – 75011 Paris (France) or by email: dpo@music.care. MUSIC CARE and the User each undertake to fully comply with the applicable Regulations, in line with their effective role with regard to each Processing of Personal Data, and will ensure that their permanent or temporary staff, subordinates and partners respect the same terms.
The User expressly acknowledges that MUSIC CARE is the exclusive owner of all intellectual property rights attached to the following PI Elements:
– the Company and in particular its name, its sign, names, acronyms, logos or other signs and its know-how;
– to the MC Site, and in particular on its structure, its tree structure, organization, its possible software, headings, functionalities, its visual and graphic appearance, its texts, animated or fixed images, sounds, know-how, drawings, and any other element the component;
– to the App MC and in particular on its structure, its tree structure, organization, its possible software, headings, functionalities, its visual and graphic appearance, its texts, animated or fixed images, sounds, know-how, drawings, and any other component component;
– to the MC Solution and in particular on its structure, its tree structure, its organization, its headings, its functionalities, its software, its computer programs and any integrated tool, its patented or patentable elements, its visual and graphic appearance, its texts, its musical works, moving or still images, sounds, know-how, drawings, and any content and other element composing it;
– to the MC Services in general and or MC Offers and in particular their structure, tree structure, organization, headings, functionalities, software, computer programs and any integrated tool, patented or patentable elements, its visual and graphic appearance, texts, musical works, images animated or fixed, sounds, know-how, drawings, and any content and other element composing them;
– to any brand, design and or model, and or patent filed by MUSIC CARE;
– to any database designed and or managed by MUSIC CARE, including their structures and contents.
It is therefore prohibited to represent, reproduce and/or modify in any form whatsoever, directly or indirectly, all or part of the aforementioned PI Elements and more generally to use or exploit these PI Elements other than within the framework of the present.
MUSIC CARE specifically prohibits:
– the extraction, by permanent or temporary transfer of all or part of any of these PI Elements, in any form;
– the reuse of all or part of all or part of any of these PI Elements in any form;
Any unauthorized use of any IP Elements, without prior written authorization from MUSIC CARE, constitutes a fault and is liable to prosecution.
The User guarantees that he:
– has the rights and capacity to be bound by the GTCSU and to be able to comply with them at any time;
– will respect the CGVU as well as all the legal provisions applicable to the MC Services and to ensure that they are respected by any person acting in its name and on its behalf;
– will only use the MC Services in accordance with the GTCSU.
The User also expressly agrees to refrain from:
– attempt to obtain and/or use unauthorized access to the MC Services;
– to hinder or disrupt the performance of the MC Services and/or the activities of MUSIC CARE;
– to remove, circumvent any technical protection measure (TPM), nor use or manufacture for any purpose any means serving to facilitate the unauthorized removal or circumvention of the TPM;
– to denigrate the Services and or MUSIC CARE on social networks and or any other means of communication.
The User expressly agrees that the information he provides in the context of these presents is complete and accurate and does not infringe the rights of third parties, and in particular that they do not usurp the identity of a third.
The User will regularly update his information provided to MUSIC CARE and is personally and solely responsible for it.
The User guarantees MUSIC CARE and or its partners against any recourse, complaint or claim against it from any third party due to any breach of the aforementioned commitments and or in general from its use of the MC Services, in this including any legal and procedural costs, and therefore undertakes to intervene in any legal proceedings brought against MUSIC CARE and or its partners.
MUSIC CARE undertakes to describe its MC Services with the utmost accuracy and to ensure that they are regularly updated.
However, MUSIC CARE cannot guarantee the exhaustiveness, the reliability, the relevance of the information associated with the MC Services as well as their adequacy with the requirements of the User.
The interpretation and use made of the information associated with the MC Services are the sole responsibility of the User without MUSIC CARE being held liable.
In the event of non-substantial differences between the visuals and characteristics appearing on its MUSIC CARE sales media and the MC Services delivered to the User, MUSIC CARE shall not be held liable.
In addition, the User declares to be informed of the fragility of the Internet network, especially in terms of the spread of viruses, for which MUSIC CARE, its hosts and technology providers, cannot be held responsible.
The User is responsible for implementing within his equipment a security solution and measures to prevent the spread of viruses.
MUSIC CARE or, where applicable, its hosts and technology providers, can never be held liable for any damage resulting from:
– temporary or total unavailability of all or part of the MC Services, difficulty related to response time, and in general, a lack of performance;
– a case of force majeure as defined herein;
– a fault emanating from a third party not acting under its control likely to harm the supply or performance of the MC Services;
– use of the MC Services that does not comply with the GTCSU;
– or more generally any fault of the User.
Will be considered as a fault of the User opposable to the latter any breach of these presents by fault, negligence, omission or failure on his part as well as the implementation of any technical process, such as robots or automatic requests, contravening the letter or spirit of the GTCSU.
It is expressly understood that any operation carried out by means of the User’s Connection Codes is deemed to emanate from the User, who assumes sole responsibility, insofar as MUSIC CARE is not obliged and does not have the technical means allowing it to ensure the identity of the people who connect from the Connection Codes. Under no circumstances may MUSIC CARE be held liable, particularly for example in the event of usurpation of the User’s identity.
In general, under no circumstances will MUSIC CARE be held liable for the faults of third parties not acting under its control.
MUSIC CARE’s liability is also generally limited to direct damages for which it can be proven liable, excluding indirect, incidental or special damages as defined by the case law of the French courts.
The User may only engage MUSIC CARE’s liability after having notified it by registered letter of the alleged breach and after a lack of response for a period of THIRTY (30) days from receipt of this formal notice.
MUSIC CARE cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure, as defined by article 1218 of the French Civil Code. and by the case law rendered by the French courts.
A case of force majeure includes any act, event, non-completion, omission or accident beyond the control of MUSIC CARE and includes in particular (without limitation):
– strikes, closures or other industrial actions;
– civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war;
– fire, explosion, storm, flood, earthquake, collapse, viral, bacteriological or other epidemic on a local, national or international scale or other natural disasters;
– failure or accidents of maritime, postal, plane, road or other means of private or public transport;
– inability to use public and private telecommunications networks;
– acts, decrees, legislation, regulations or restrictions of any government.
The execution of the GTCSU will be suspended as long as the case of force majeure lasts and the execution deadlines will be extended accordingly. MUSIC CARE will endeavor as far as possible to put an end to the case of force majeure or to find a solution allowing it to perform its contractual obligations.
MUSIC CARE is authorized to transfer its rights and obligations arising from these presents to any company or person and at any time, without the User being able to oppose it or invoke any prejudice whatsoever. The User agrees not to transfer his rights or obligations arising from these presents to any third party without the prior written authorization of MUSIC CARE.
The User acknowledges and accepts that the proof of his acceptance of the GTCSU (and their possible updates) is characterized by ticking the corresponding box proposed by MUSIC CARE or by any use that the User makes of the MC Services. The User acknowledges and accepts that any contractual document binding him to MUSIC CARE may be drawn up in traditional handwritten form, by email with attachment of the dated and signed document in scanned form, or via an electronic signature platform such as DocuSign, in which case the User expressly recognizes the signature via this system as carrying its full consent. If they are communicated to the User by email, the latter expressly accepts that all exchanges with MUSIC CARE may take place by email and acknowledges that they have any probative value.
The User acknowledges and accepts that the computerized data stored on MUSIC CARE’s computer servers under reasonable conditions of security and integrity are considered, irrefutably, as proof of acceptance of the terms of the GTCSU and proof of all exchanges between MUSIC CARE and the User. Consequently, unless manifest error by MUSIC CARE is proven by the User, the latter may not contest the admissibility, validity or probative force of the documents established by the aforementioned digital means on the basis of any legal provision whatsoever and which would specify that certain documents must be in writing or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as evidence by MUSIC CARE in any contentious or other proceedings, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
The GTCSU may be modified and updated by MUSIC CARE unilaterally and at any time, in particular but not limited to adapting to legislative or regulatory changes. The applicable GTCSU are those in force on the day of use of the MC Services by the User.
No indication or document may create any obligation not included in these GTCSU, unless it is the subject of a new written and signed agreement between MUSIC CARE and the User.
The fact that MUSIC CARE does not require the application of any clause of these GTCSU, whether permanently or temporarily, can in no way be considered as a waiver of the said clause or any other.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.
If any of the stipulations of the GTCSU were to be declared void with regard to a legislative or regulatory provision in force and or a court decision having the authority of res judicata, it will be deemed unwritten but will not affect nothing the validity of the other clauses which will remain fully applicable.
In the event of a dispute relating to the execution of the GTCSU, the User must first contact the after-sales service of MUSIC CARE in writing.
In the event of failure of the complaint request to the after-sales service or in the absence of a response within TWO (2) calendar months of receipt of his request, the User may submit the dispute relating to his purchase. or the GTCSU opposing it to MUSIC CARE to a mediator who will attempt, in complete independence and impartiality, to bring the Parties closer together with a view to reaching an amicable solution. The Parties are free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. The contact details of the mediator appointed by MUSIC CARE are as follows: CM2C – 14 rue Saint Jean, 75017 PARIS – www.cm2c.net
The mediation procedure is free for the User.
The CGVU are written in French and are subject to French law.
Any dispute will be dealt with by the courts within the jurisdiction of the User’s place of residence, in the absence of an amicable agreement between the User and MUSIC CARE.
MUSIC CARE est une SAS immatriculée au Registre du Commerce et des Sociétés de Paris sous le numéro 505 386 425 ayant son siège social au 7 rue de la Popincourt, 75011 Paris, représentée par son Président, Monsieur Stéphane Guétin (ci-après la « Société »).