FMGUITAR MUSIC ONLINE

1- Scope and definitions

  • The « Agreement » refers to the present Terms and Conditions.
  • The « Store » refers to FMGUITAR MUSIC ONLINE which is an e-commerce store located at www.shop.fredericmesnier.com.
  • The « Products » or «Product»  refer to the downloadable digital products provided by FMGUITAR MUSIC ONLINE.
  • The « Buyer » refers to the purchaser of a product at FMGUITAR MUSIC ONLINE.
  • The « Seller » refers to M. Frédéric MESNIER, Owner, Editor and Webmaster of FMGUITAR MUSIC ONLINE.

THE STORE OFFERS FOR SALE DOWNLOADABLE DIGITAL PRODUCTS SUCH AS PDF SHEET MUSIC, PDF TABLATURES, PDF SONGBOOK, MP3 AND FLAC AUDIO FILES. THE AGREEMENT SET FORTH THE LEGALLY BINDING TERMS FOR THE USE OF THE STORE AND THE PRODUCTS PROVIDED THROUGH THE STORE. BY USING THE STORE AND THE PRODUCTS PROVIDED THROUGH THE STORE, THE BUYER STATES (1) THAT HE IS OF SUFFICIENT LEGAL AGE IN HIS JURISDICTION TO CREATE BINDING LEGAL OBLIGATIONS AND (2) THAT HE HAS READ AND UNDERSTOOD THE AGREEMENT AND AGREED TO BE BOUND BY IT. IF THE BUYER CANNOT MAKE ANY OF THE FOREGOING STATEMENTS, HE SHALL NOT USE THE STORE OR  ANY PRODUCTS PROVIDED THROUGH THE SITE.

2- Account

In order to purchase the Products provided by the Store , the Buyer must register for an account on the Store and provide certain information about himself as prompted by the Store registration form. The Buyer certifies and warrants that all required registration information he submits is truthful and accurate and that he maintains the accuracy of such information. The Buyer can delete his account at any time, for any reason, by contacting the Seller using the following email address: email@fmguitar.com. The Buyer is responsible for maintaining the confidentiality of his account information and is responsible for all activities that occur under his account. The Buyer agrees to immediately notify the Seller of any unauthorized use or suspected unauthorized use of his account or any other breach of security. The Seller will not be liable for any loss or damage arising from the Buyer’s failure to comply with the above requirements.

3- Order

The Buyer can select Products from the Store and add them to a virtual shopping cart by clicking on the « Add to Cart» button. By clicking on the « Checkout » button, the Buyer starts the ordering process. By clicking on the « Confirm order » button at the end of the checkout process, the Buyer is making a binding order subject to the Agreement for the Products contained in the shopping cart.

4- Pricing and shipping costs

The pricing valid at the time of the order and displayed on the Store in front of each Product shall apply. All prices are quoted as final prices in USD or EUR and are exclusive of VAT  (VAT non applicable as article 293B from French Code Général des Impôts). There are no shipping cost for downloadable products.

5- Payment

When the Buyer click on the « Confirm Order » button he is automatically redirected to PayPal website in order to proceed to payment.   All payments without exception are processed by PayPal, either from the Buyer’s PayPal account or with the Buyer’s credit cart through PayPal Payment Secured Process. No payment transaction is made on the Store

6- Product delivery

The Products are available for download instantly after PayPal payment is completed. Right after the payment is approved, the Buyer is be able to download the Products he purchased directly from his account page in the «Downloads» section. The download link(s) remain available in the Buyer account for one month. Because of that, the Buyer shall immediately download and print the Product purchased in accordance with this Agreement and carefully retain the Product and the print copy in his records.The Buyer also receives an email at the address he indicated during the registering process, which contains the recap of the order and the download links to get the products purchased and the invoice.

7- Cancellation rights

There are no cancellation rights for Products they can be immediately use, print or copy on the Buyer's computer.

8- Proprietary rights

The Store offers copyrighted Products belonging to the Seller. When selling a Product, the Seller grants the Buyer a limited, non-transferable and non-exclusive license to download and save on his computer one (1) copy of the Product for his personal use only. If the Product purchased is a Sheet Music or Tablature, the Buyer is allowed to print one (1) hard copy of the Product.  

The license granted to the buyer is subject to the following restrictions:

  • The Buyer shall not download and print more than one (1) hard copy of the Product 
  • The Buyer shall not make and distribute any copies (in any form) of such print copy
  • The Buyer shall not sell, publish or share the Product.
  • The Buyer shall not modify or create derivative works of the Product.

The Buyer acknowledges that all intellectual property rights, including copyrights and trade mark of Products provided through the Store are owned by the Seller.  The purchase of a license on the Store does not transfer to the Buyer any intellectual property rights. The Seller reserves all rights not granted in this Agreement and grants no implied licenses in this Agreement.

9- Necessary equipment.  

The Buyer is solely responsible for ensuring that his computer, printer and related equipment are in good working condition and have the necessary connectivity to access the Store and Products. The Seller will not be liable to the Buyer for any inability to print the Product resulting from or relating to the Buyer’s computer, printer, or related equipment, or connectivity issues.

10- Modification.

The Seller reserves the right  to modify, suspend, or discontinue, at any time and with or without notice, the Store (including the buyer’s account) and/or any Products, including the Buyer’s ability to download the Products for which he has purchased a license. Because of this, the Buyer shall immediately download  the Product purchased in accordance with this Agreement and carefully retain the Product on his computer and the print copy in his records.The Seller will not be liable to the Buyer for any modification, suspension, or discontinuance of the Store (including the Buyer’s account) and/or any Product, including the Buyer’s ability to download the Products for which he has purchased a license.

11- Liability

In no event shall the Seller be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, image, data, use, goodwill, or other intangible losses, resulting from (1) the Buyer's use or inability to use the Store and the Products provided through the Store and (2) unauthorized access or use of the Buyer's account, whether or not we have been informed of the possibility of such damage.

The Buyer uses the Store and the Products provided through the Store at his own discretion and risks, and will be solely responsible for any damage to his computer system or loss of data resulting therefrom.

The Seller shall not be held responsible for not honoring an order in the case of force majeur, such as the disruption due to a strike of the hosting provider and other communication systems, flooding or fire. 

To the maximum extent permitted by applicable law, the Seller’s liability for any damages arising from or relating to the Buyer’s use or inability to use the Store and the Products provided through the Store, will at all times be limited to the amount paid by the Buyer for the Products purchased that give rise to the liability. The existence of more than one claim will not enlarge this limit of liability.

12- Term and Termination

The Seller may terminate this Agreement, at any time for any reason at his sole discretion, including for any use of the Store and Products provided through the Site, in violation of this Agreement or in connection with Section 10 above. Upon termination of this Agreement, the Buyer’ account and all licenses granted to him hereunder will terminate immediately.  The Seller will not have any liability whatsoever to the Buyer for any termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 8 and 11.

13- Support

The Buyer acknowledges and agrees that the Seller will have no obligation to provide him with any support in connection with the Store or the Products provided through the Store

14- Changes to Agreement

This Agreement is subject to revision. In case of any substantial changes, the Seller may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Store.Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to the Buyer (if applicable) or thirty (30) calendar days following our posting of notice of the changes on the Store. These changes will be effective immediately for new users of the Store and Products. The Buyer is responsible for providing the Seller with his most current e-mail address. In the event that the last e-mail address provided by the Buyer is not valid, or for any reason the Seller is not capable of delivering to the Buyer the notice described above, the Seller’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Store and Products provided by the Store following notice of such changes shall indicate the Buyer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

15- Electronic Communications

The communications between the Buyer and the Seller use electronic means. For contractual purposes, the Buyer consents to receive communications from the Seller in an electronic form and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Seller provides to him/her electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. 

16- Copyright/Trademark Information.

Copyright © 2021, FMGUITAR MUSIC ONLINE. All rights reserved. All trademarks, logos and service marks displayed on the Site are the Seller’s property. The Buyer is not permitted to use these Marks without the Seller’ prior written consent

17- Applicable law and jurisdiction

French law applies to all of the clauses included in this Agreement, as well as to all purchasing operations. The corresponding courts will be those of Paris.