All you need to know before placing an order
Article 1: Introduction
Le Roseau Chantant INC. hereafter referred to as ‘the Company’, (business name: Le Roseau Chantant Inc. – GST 7492719112 RM 0001), registered by Canadian Law of Commerce with legal address: 9 Breton Woods Beaconsfield, QC. H9W 5A6 – Canada (Telephone: +1 (514) 630-7525; Monday – Friday, 10.00 a.m. to 12.30 p.m., and 2.00 p.m. to 5.30 p.m.), publishes the site at the following address: www.le-roseau-oboe.com. Through means of this site it offers for sale various products which individual users and/or corporate or other legal entites may acquire via a secure online payment system implemented and administrated by the banking establishments with whose services it is associated.
The company makes use of providers in order to effect the delivery of products ordered by the customer through means of the aforementioned site, and does so in accordance with the terms and conditions published on the site at the time of the order.
www.le-roseau-oboe.com is published in French and English, as are all the necessary steps, electronic or otherwise, through which the customer may complete his order.
Sales contracts completed between the company and the customer are therefore in either French or English.
To contact Le Roseau Chantant by email, click here
Article 2: Application
The current terms and conditions apply to all sales of products offered on the site www.le-roseau-oboe.com. All orders placed through the company therefore imply the unconditional acceptance of the current terms and conditions. These terms and conditions, including those specified under the guarantee, apply exclusively to the customer. The current terms and conditions may be modified by the company at any time without notice, these modifications being therefore applicable solely to orders completed after the date of their implementation. The current terms and conditions of sale are permanently available through the site www.le-roseau-oboe.com in printable and/or downloadable format to allow the customer to reproduce or save them.
Article 3: Products
3.1: Prices; Shipping Costs
Prices are advertised in Canadian Dollars, with NO taxes, and exclude shipping costs. They are subject to GST/HST for all Canadian Customers, and all legal changes of the rate of this tax will be reflected in the price of the products displayed on the site www.le-roseau-oboe.com on the date stipulated by the applicable legislative or regulatory text. Prices are subject to change at any time, specifically due to variations in provider rates, introductory offers, special offers, or sales.
Shipping costs vary according to the carrier chosen by the customer when placing an order, and the amount is shown before the order is confirmed. Shipping costs are not refundable if an order is cancelled after it has been shipped, and will be deducted from the refund (for any items being returned) made by the company, which will take place within fourteen days of cancellation of the order.
Products and prices are valid whilst displayed on the site. Delivery time specifed in the product description is expressed in business days (there are no deliveries on Saturdays, Sundays, or public holidays), permitting the customer to calculate the expected delivery date approximately. For example: ‘IN STOCK – sent within 72h’ means that a product ordered on Monday will be sent out on Thursday, the actual date of delivery depending on the shipping method selected (tracked parcel service, Express Mail Service (EMS), or International Air- Mail with NO tracking numer). All services are provided by Canada Post.
In cases of permanent unavailability the company will inform the customer of an alternative. Permanent unavailability does not entitle the customer to any compensation or damages, although it may nevertheless lead to cancellation and refunding of the order. In the case of temporary unavailability of a product, the company will inform the customer as soon as possible of the revised delivery date indicated by the supplier or maker of the product concerned. If this unavailability is extended excessively, the company will do everything possible to offer the purchaser an equivalent product, or, in the absence of this possibility, will proceed to cancel the order and reimburse the customer.
3.3: Product Compliance
The products offered for sale by the company comply with applicable standards in Canada. Nonetheless it must be noted that certain products (cane, reeds) are very sensitive to climactic conditions (humidity, heat, cold). These conditions can directly or indirectly affect the quality of the cane. For this reason, and for these products, the total or partial non-usability of the materials ordered by the customer does not entitle the customer to any reimbursement or compensation whatsoever on the part of the company.
Article 4: Conclusion of Sales Contract
Obligation to pay is implicit with every order. In all cases, the sales contract is not deemed to have been concluded until the moment when either the customer’s account is debited by credit card payment, or from the date of receipt of the transfer in the event of bank transfer, or from the date of cashing the cheque for payments made by cheque.
Products advertised for sale are shown on the site www.le-roseau-oboe.com and accompanied by a description. The customer wishing to buy a product clicks on its graphic representation. This product is added to his basket, which may already contain other articles which the customer intends to buy. When the customer wishes to complete his order he clicks on the button “purchase”, which is shown underneath his basket. He is then directed to a page giving a summary of all the articles in his order. At this stage he is given the option of removing certain articles from his basket, which will be shown in a revised summary. He is also given the option of reversing the cancellation and returning to his basket to continue with his order. If the summary containing the prices of products and the delivery costs as advertised elsewhere on the site www.le-roseau-oboe.com are agreeable to him, the customer enters his delivery and billing details, then clicks on the logo of the banking establishment of his choice, in order to be directed to the secure server of the said banking establishment so as to proceed to make secure payment.
The customer’s banking details are not at any moment in the possession of the company; thus their security and the maintenance of their integrity are therefore the responsibilty of the banking establishment. Once the payment has been confirmed by the customer via the secure server of the banking establishment, he has the option of returning to the site www.le-roseau-oboe.com. Once payment is confirmed, the company will send the customer a summary of his order by electronic mail, including details of the articles ordered, and the total price*, including delivery charges. (*Inclusive of taxes for Canadian customers only.)
The customer declares expressly that he possesses all necessary authorization to facilitate the mode of payment that he has chosen when confirming his order. He undertakes moreover to ensure his solvency before each order, as grounds for the company to be able to proceed with the delivery of the products ordered.
The company retains, moreover, the right to suspend or cancel any order or delivery in the case of refusal to authorise payment by the financial bodies in question, in respect of the function of the chosen mode of payment. Likewise it retains the right to refuse to process an order or complete a delivery deriving from a customer involved in current serious litigation.
The customer is further advised that the company may investigate or verify previous orders in order to contest fraud; and that, in this event, it retains the right to demand from the customer any evidence that it deems necessary. It retains, at the completion of such a process, the right to suspend or cancel all orders or shipments, even in the case of authorisation of payment approved by the financial bodies concerned, in the event that this investigation and / or these verifications imply that the said order has been fraudulently approved by a third party. The company cannot, furthermore, bear any responsibility in the case of malfeasance or fraudulent use by any means whatsoever of any form of payment which might not have been detected by this process of investigation and / or verification.
Article 5: Delivery
5.1: Delivery Address
Products are shipped to the delivery address provided by the customer on online or offline orders, worldwide. In the event that the delivery address is different from the billing address, the customer is required to provide these two different addresses on the order form. When placing his order the customer is likewise required to provide all necessary information to ensure completion of delivery by the chosen carrier. In the case of incorrect or incomplete information rendering it impossible for the carrier to complete the delivery, a second delivery will be attempted following the return by the carrier of the merchandise to the company, this being dependent upon the prior payment by the customer of the amount of the revised shipping costs.
5.2: Damage; Absence
The customer must thoroughly examine the physical condition of the package delivered by the carrier. If there is visible damage the package must in no wise be opened. It is recommended that photographs be taken (and attached to the claim form). Any anomaly confirmed by one or other of these means must be accompanied by a written complaint attached to the carrier’s claim form; this complaint must be explicit, detailed, and signed and dated by the customer, in order to avoid any dispute. No claim may be lodged without a written complaint specified at the time of delivery.
In the event of the customer’s absence, and according to the carrier chosen by the customer when placing his order, the carrier may leave a notice in the customer’s letter box inviting him to collect the products at a given address. In the event of the delivery being refused by the customer, he will be refunded the price of his order minus the return shipping costs incurred by the company.
5.3: Delay; Loss
In the case of failure to deliver on schedule, the customer is advised to contact the carrier in question as a first resort, in order to verify that the products ordered are not the object of legal proceedings. In the case of significant delay or difficulty in locating the products ordered, the customer may contact the company, which will open an enquiry in an attempt to try and locate the package that appears to have been mislaid by the carrier. The customer must contact us by clicking here, and must provide all information necessary to help the carrier’s agent find the products ordered, including the order form. In such an event the company is also subject to the conditions imposed by the carrier regarding declaration of loss and shipment refund. These conditions may vary according to the carrier. No refund to the customer can therefore take place before the carrier has, at the completion of the enquiry, declared the products ordered to have been lost. The company will proceed to reimburse the customer as soon as the declaration of loss has been confirmed by the carrier.
Article 6: Return Period
Pursuant to the provisions of the Consumer Code, the customer may avail himself of a return period which allows him to return his purchase within a period of seven full days from the date of delivery. It is imperative that he first make clear his intention to return the package in the context of exercising his right to return, by contacting the company using this form.
The products must not have been used, and must be returned to the company at the customer’s expense, it being his responsibility to ensure that the contents of the package are in perfect condition for resale, in their original packaging, and show no sign or trace of damage or malfunction. Processed cane (gouged or gouged and shaped), and tube cane, as well as complete reeds, will in no instance be accepted for return. There will be a 15% return charge on RC reed shapers, as well as on articles modified or adapted for a musician’s specific requirements (reed-shaping machines and reed-scraping (profiling) machines). Used products will be neither accepted for return nor exchanged.
Subject to compliance with the above conditions, the company will refund products ordered for the amount stipulated on the order form (any return costs are the responsibility of the customer) within the statutory seven working days of receipt of the products. No reimbursement can take place if the products are not in their original packaging, which must be in perfect condition. Pursuant to the Consumer Code, professionals can claim neither right of return nor the “money back” guarantee.
Article 7: Returns
Returns are made after receipt of the return number required on this form, wherein the reason for return must be specified. The customer has seven full days from receipt of the package in which to make his request. The return number will be valid for eight full days. Only perfectly intact products will be accepted for return (with the exception of returns due to product malfunction). Otherwise the company will be obliged to deduct a fee for damage to the product, which damage may oblige the company to re-sell the product at a discounted price.
No return of any item will be accepted without prior request and agreement by email. Shipping risks are entirely the responsibility of the sender. It is therefore his responsibility to ensure safe delivery, specifically by insuring his shipment. The return costs are solely the responsibilty of the sender, except where return is due to an error on behalf of the company in preparing an order. All returns of goods which involve incorrect packaging – even after inspection by the customer -, and which, as a result, prove to be defective, cannot be accepted. It will then be the responsibility of the sender to recover his package and his costs.
Article 8: Trial Period for Instruments
The company offers a one week trial period for all instruments in stock, both new and second-hand. Up to three instruments at a time may be sent together, to enable a customer to make an optimal choice. A deposit cheque will be required. All shipping costs must be paid by the customer regardless of whether or not he is purchasing or returning an instrument (or several instruments). The company uses the service of the Canada Post. In some cases UPS, FedEx or DHL may also be used. The customer is responsible for insuring the instrument(s) for the entire trial period, up to and including the return of the instrument(s) to the company.
Article 9: Guarantees for New and Second-hand Instruments
The company provides a guarantee for one year for all new and second-hand instruments, with the exception of Mönnig instruments which are guaranteed for three years. This guarantee covers all necessary repairs: crack repairs, pad replacement, regulating, and all mechanical adjustments, based on normal usage of the instrument. Repairs required due to abuse, negligence, or incompetance, or because of repairs carried out by instrument workshops other than Le Roseau Chantant, are not covered by the guarantee. The guarantee is only applicable to the original owner of the instrument.
All repairs must be conducted in the workshop of Le Roseau Chantant, except when express permission is given for them to be carried out at an approved alternative workshop. Failure to comply with these conditions renders the guarantee null and void.
Shipping and insurance costs must be paid by the customer. Le Roseau Chantant will do its best to repair and return the instrument to its owner as quickly as possible. By way of precaution, the customser is advised to contact the company before making any shipment.
Article 10: Retention of Title / Ownership
Transfer of ownership of products delivered to the customer only occurs after the full payment of their costs, and of any associated costs, has been made by him. During the period leading up to full payment of the price and of any associated costs, the risk of loss, theft, or destruction, is the responsibility of the customer, who must fully insure any or all such products through his private insurance company.
Article 11: Personal Data
In accordance with the law Customers have the right to access and correct their personal data. Such data are provided solely to facilitate the delivery of products ordered through the site, or by fax, telephone, or postal mail service. They are necessary for processing orders and for any investigations necessary to counteract fraud. The customer will be notified as to whether any data have had to be retrieved.
The customer is advised that the refusal to provide obligatory data will result in failure to deliver any products he might wish to order. He is likewise advised of the fact that, in the context of procedures being carried out in order to verify information provided at the time of placing an order, the data may be transmitted to third parties solely for verification purposes.
The customer has the option of objecting to the possible transfer of personal information concerning him to a third party, with the exception of third parties charged with the verification of obligatory data provided at the time of placing an order, it being understood that such an objection could result in his order not being processed.
The creation of a customer account at www.le-roseau-oboe.com implies that the customer agrees to receive occasional promotional offers solely from the company, with the proviso that each communication will contain an unsubscribe clause allowing the customer to cease receiving these promotional offers. Information related to the storage of “cookies” intended to permit and / or facilitate the placing of online orders is available on the site www.le-roseau-oboe.com.
Article 12: Zero Tolerance Policy
In the event that one or more of the provisions of the current terms and conditions should be deemed to be invalid or declared to be such under any law, ruling, or following a final decision of a competent court, the remaining provisions will remain in full force and scope. The fact of the company or the customer not claiming a breach of any of the obligations resulting from these terms and conditions, or of tolerating a certain situation, does not have the effect of granting the other party any acquired rights. Such a tolerance shall in no wise be construed as being a waiver of the rights in question.
Article 13: Force majeure, Applicable Law
The mutual obligations of the current terms and conditions may be suspended in the event of Acts of God or force majeure. Of particular consideration will be those normally accepted by Canadian case law and Law Court tribunals. The current general terms and conditions are subject to Canadian law regarding substantive rules, as also rules of form. Any litigation must have the reaching of an amicable agreement as its goal.
Gift Certificates from Le Roseau Chantant are valid for the entire site www.le-roseau-oboe.com.