Pop Only Knows
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GENERAL SALES CONDITIONS


Article 1 : General sales conditions: area of application

The company POP ONLY KNOWS offers a music download service on its website: http://www.pop-only-knows.com, hereafter referred to as the Site.

The music sales services is aimed at internet users in possession of a PC compatible computer, with a processor of 450MHz or faster, 64Mb RAM & at least 640Mb of available disk space, a Microsoft Windows 98SE OS or later & a sound card recognized by Windows. It is optimized for IE 6 or later and requires Windows Media Player 9 (supplied with Windows XP) or higher for listening, CD burning & upload to compatible MP3 players.

These general sales conditions constitute the basis of any commercial sale and must be systematically accepted beforehand by each user prior to download, in MP3 format, of songs or musical recordings offered by the company POP ONLY KNOWS on its site.

As a consequence, unless expressly agreed otherwise, by placing your order you accept our general sales condition in their entirety. Any violation of these terms by the user, without express agreement, will be ineffective against the company POP ONLY KNOWS, regardless of the moment at which the company became aware of it.

The fact that the company POP ONLY KNOWS may not avail itself at any given moment of any one of these general sales conditions does not waive the company's right to avail itself of any of the said conditions thereafter.


The user may save and print the general sales conditions.

 


Article 2 : Offer & pricing


The prices of the products offered by the company POP ONLY KNOWS are given in euros, inclusive of VAT and do not include communication fees linked to use of the POP ONLY KNOWS internet sales service, which will be borne by the client.


The company Pop Only Knows reserves the right to modify its price or these general sales conditions at any time but the products & services will be invoiced on the basis of the rates & conditions valid at the time of the order.


Pop Only Knows offers a Shopping Basket purchasing system.
This system allows musical downloads from the Site's catalogue with no further obligation. A Client wishing to purchase a musical recording may use any of the payment methods outlined hereafter in Article 4 of the General Sales Conditions. 

 

The Shopping Basket rates are as follows :


6,99 € TTC to download 1 album,
5,99 € TTC to download 1 mini-album,
3,99 € TTC to download an EP(3 or 4 tracks).

 


Article 3 : Orders
 
Prior to submitting the order, the user must indicate the email address to which the confirmation email containing the transaction details will be sent, in the form provided. An email address must be entered in the form; the user is solely responsible for ensuring that this address is correct. 
The history of all transactions & follow-up between the service & the Client may be consulted at any time by going to the "My Account" page, history of download orders.


The company POP ONLY KNOWS reserves the right to cancel or refuse any sale to a Client with whom a payment issue has arisen on a previous order.


Order forms & invoices are recorded on a trustworthy & durable medium that may be produced as evidence.

 


Article 4 : Means of payment & payment security


The security of all the Shopping Basket payments made on the site is ensured by the BRED Banque Populaire using SSL 128 bit technology.


Payment for orders is made at the time of ordering and therefore constitutes pre-payment. The download is available to the Client as soon as his/her payment has been confirmed.


Payments may only be made using credit cards.

 


Article 5 : Right of retraction


In accordance with article L 120-20-2 of the Code de la Consommation, a seven-day retraction period does not apply to these general sales conditions.


The purchase of musical tracks & albums & their derivatives is firm & definitive and no right to exchange, reimbursement or retraction applies.

 


Article 6 : Termination


The company POP ONLY KNOWS reserves the right, in the following cases, to terminate a client's account without notice, and without any compensation being due to that client:
-non-observation, by the client, of these general sales conditions.
-non-observation of the conditions of use by the client
-non-payment by the client of amounts due
-actions against the interests of the company POP ONLY KNOWS
-actions in contravention of intellectual property laws.

 


Article 7 : Responsibilities


It is expressly agreed between both parties that the company POP ONLY KNOWS has a duty, for each of the obligations described in these general sales conditions, to exercise due care.


The company POP ONLY KNOWS cannot be held responsible in case of non-observation of the laws of the country in which the download is taking place.


The client is solely responsible for the use (s)he makes of the services offered by POP ONLY KNOWS. The client therefore renounces all right to any claims or proceedings of any kind against the company POP ONLY KNOWS directly or indirectly related to the use of a musical download service.

The company POP ONLY KNOWS cannot be held responsible for the limitations of the internet, in particular:


-technical performance & response times to view, consult or transfer data
-data circulating on the internet that is not necessarily protected, for example against potential misuse
-the transmission of any information held by the client to be confidential is at the client's own risk. It is up to the client to take all necessary measures to protect his or her own data and or software from contamination by viruses that may circulate online.
-data circulating on the internet may be subject to terms of use or protected by copyright.
The client is therefore responsible for the use (s)he makes of the data (s)he views, consults or transfers on the internet and of the use (s)he makes of the services offered by the company POP ONLY KNOWS, whose responsibility is not engaged in any way.


The company POP ONLY KNOWS may not be held responsible for any malfunction and/or interruption of service in the sales offers that are outwith its control.


The client will accept temporary suspensions of access to the offers of sale.


In any case, the responsibility of the company POP ONLY KNOWS is limited to the price of the service ordered by the client if (s)he was unable to fully download the music online in the service ordered or to access it, subject to the client being able to provide evidence to support this.
The company POP ONLY KNOWS may not be held responsible for the fraudulent use of information available on its site.

 


Article 8 : Security & protection of personal information
 

The company POP ONLY KNOWS may collect the client's personal data and may request supplementary personal information at any time.

 

The site has been duly declared to the CNIL according to the law of January 6th 1978. The company POP ONLY KNOWS holds all the legal & administrative authorisations necessary for the operations of the site & its services.


The company POP ONLY KNOWS informs the client that all personal data collected will be handled automatically. The company POP ONLY KNOWS will respect the client's privacy & protect his/her personal information. Certain personal data, eg first & last names, postcode & email address are requested of the client for account creation. This data allows POP ONLY KNOWS to identify the client and send him/her an email confirming his/her subscription. The aim of client data collection by the company POP ONLY KNOWS is to offer better-targeted personalised offers. The data collected may also be used for marketing purposes by other commercial partners.


The handling of this personal information by the company POP ONLY KNOWS allows the company to:
-fulfil its duties to its clients
-carry out studies to create & develop content exclusively for the client base
Inform the client of special offers, recent information & new services created by the company POP ONLY KNOWS.
-to contact the client by mail or email to carry out market research & to send general or specific offers of service based on the client's interests. The client also authorises the company POP ONLY KNOWS to transmit his/her personal data to third parties.


In accordance with the law of January 6th 1978 relative to information technology & civil liberties, the client has the right to access, modify, correct and delete data concerning him/her. Accordingly, the client may, by signed written request, receive information on the handling & management of his/her data. The client should send his request to POP ONLY KNOWS at the following address:


57, rue Jean-Baptiste Pigalle
75009 PARIS
FRANCE


Should the information be incorrect or incomplete, the client may request that it be corrected or removed by emailing POP ONLY KNOWS at info@pop-only-knows.com


In order to receive the best possible service from te company POP ONLY KNOWS, the client will regularly update his/her information and will inform POP ONLY KNOWS of any modification to his/her personal data.

 


Article 9 : Intellectual property


The author's moral & intellectual property rights are asserted worldwide over text and image files, audio and video clips, and other content reproduced on the Site. Therefore and in accordance with intellectual property legislation, only private use of these files may be authorised and may be subject to different and more restrictive conditions than apply under intellectual property law.

 

Any reproduction or re-use, whether partial or complete, for any other ends than those set out here, is strictly forbidden. Any re-sale, exchange, rental of such files or transfer to a third party is strictly forbidden.


The client may enjoy personal & private use of these files only, and limited to the data supplied in a strictly free & private setting. Any use by a client outwith these limits is strictly prohibited & any use for purposes other than personal & private use may be liable to civil and/or penal proceedings.


Should the music files available on the site contain ID tags and/or technical control measures, or usage restriction measures, or any type of protection from third parties, the client agrees not to tamper with these measures, modify them or remove them.


The client also agrees not to attempt to bypass or modify any software necessary for the use of the service and to observe the current sales conditions, not to block, modify or remove any information regarding the copyright on the product, and not to encourage or help any third parties to do so.

 


Article 10 : Proof


Both parties agree to consider all documents and electronic requests exchanged under these conditions as original documents & therefore binding, and is is agreed that electronic documents will be given a probative value, with an equal validity as that accorded to an original written document.

 


Article 11 : Modifications

The company POP ONLY KNOWS reserves the right to, at any time, carry out modifications of any kind in relation to the sales of downloads, the Site & its offers. The client therefore has a duty to remain abreast of any possible changes to the site.


Likewise, the company POP ONLY KNOWS reserves the right to modify these terms of service, given that in such cases the terms of service applied are those valid at the time of ordering..

 

 

Article 12 : Applicable laws - competent tribunals

These terms of service fall under French law. Should any issue arise relative to the service provided, and failing amicable resolution between the two parties, the court of Paris shall be the competent judicial authority to assess the issue.

 


Article 13 : Sundry conditions
 
13.1/ Consent
The 'validation' by mouseclick constitutes an electronic signature which has, between the two parties, an identical value to that of a written signature and confirms the agreement of the client to the terms of the document presented for approval. 


13.2/ Hyperlinks
The company POP ONLY KNOWS reserves the right to put hyperlinks in place on its site giving access to external web pages. The client is formally informed that the sites accessed via such hyperlinks do not belong to the company POP ONLY KNOWS, and as a result the company declines any responsibility for the content of such sites. 
The company POP ONLY KNOWS forbids any third parties from placing any hyperlinks to any pages of the site without the company's express prior agreement.


13.3/ Customer service
For any information, the Customer Service department of the company POP ONLY KNOWS can be contacted at contact@pop-only-knows.com

 

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