Terms of sale

2. Products

The essential features of each product (volume, composition, contents of the set) are given on its page. Photographs are as faithful as possible but are not contractual: the shade of a wood or a product may vary slightly with the screen and the batch.

Care products are used as described on their page and label. Always test on a discreet area of the instrument first. Keep out of reach of children.

Products are offered while stocks last. If an ordered item turns out to be unavailable, the seller tells the customer at once and refunds the corresponding amount within 14 days of payment.

3. Prices

Prices are in euros. VAT not applicable, article 293 B of the French General Tax Code (small-business VAT exemption): the price shown is the total price paid, excluding delivery.

Delivery costs depend on the method chosen and the destination. They are set out on the Delivery and packaging page and shown on the payment page before the order is confirmed. In mainland France, delivery is free on orders of €50 or more; collection at the workshop is always free. Outside the European Union, any customs duties and import taxes are paid by the recipient.

The seller may change prices at any time; the price charged is the one shown when the order is placed.

4. Ordering

The customer adds one or more items to the cart, chooses the delivery zone and clicks “Go to payment”. They are taken to Stripe’s secure payment page, where they enter their details, choose the delivery method (and, if they wish, their pickup point), check the summary and total price, then confirm payment. The sale is concluded when the payment is accepted.

The customer immediately receives an email confirming the order, with its reference (EG-…). The customer is responsible for the accuracy of their details, in particular the delivery address and email.

Each guitar in stock is unique: during payment it is reserved for the customer for up to 30 minutes; if payment fails, it becomes available again. The seller may refuse an abnormal order, an order placed in bad faith, or an order from a customer with a previous payment dispute.

5. Payment

The price is paid in full when ordering, by card, Apple Pay, Google Pay or any other method offered on the payment page, through the secure payment provider Stripe. The seller never has access to the customer’s card details. The order is prepared only once payment is confirmed.

6. Gift cards

The gift card is sent by email as soon as payment is confirmed, with a unique code. It is valid for one year from the date of purchase, for a setup, a repair or a custom build at the Evasion Guitare workshop. To use it, give the code when booking or ordering; its amount is deducted from the price.

Any balance remains usable during the validity period. The card cannot be exchanged or refunded in cash, except when the right of withdrawal is exercised. The customer keeps the code confidential: the seller is not liable for its use by a third party, but replaces a lost code on presentation of the order reference.

7. Custom-built guitars

Quotes are free and without obligation. The order is formed when the customer accepts the quote and pays a deposit of 30% of the price. This is a deposit (acompte): the order binds both parties. The balance is paid before the guitar is shipped or handed over.

The build time is agreed when ordering. The seller informs the customer of any change. Wood being a natural material, the grain and colour of each guitar are unique and may differ slightly from photos and samples.

A guitar made to the customer’s specifications or clearly personalised is not covered by the right of withdrawal (article L221-28 3° of the French Consumer Code). The legal guarantees of section 10 apply in full.

8. Delivery

Items are delivered to the address or pickup point given at payment, using the methods, zones and times described on the Delivery and packaging page. Unless a date is agreed, the order is delivered within 30 days of the sale. In case of delay, the customer may ask the seller to deliver within a reasonable additional period and, failing that, cancel the sale and be refunded (articles L216-6 and following of the French Consumer Code).

The customer checks the parcel on receipt. If it is damaged or an item is missing, the customer makes precise reservations with the carrier and tells the seller within 48 hours, with photos, so that the seller can take it up with the carrier. This does not limit the customer’s rights of withdrawal and guarantee in any way.

The consumer bears the risk of loss or damage from the moment they take physical possession of the item (article L216-4 of the French Consumer Code).

9. Right of withdrawal

The consumer has 14 days to withdraw from the purchase, without giving a reason or paying a penalty. The period starts when the customer receives the item (for an order of several items delivered separately, when the last one is received) and, for a gift card, on purchase. A gift card already used, even in part, can no longer be withdrawn from.

To withdraw, the customer uses the “Withdraw from the contract here” function, available in the footer of every page, from the order confirmation email and with the button below: they fill in the declaration, then click “Confirm withdrawal”. An acknowledgment restating the declaration, with its date and time, is sent to them at once by email. They may also send any unambiguous statement by email to evasionguitare@gmail.com or by post, for example using the form below.

The customer sends the items back within 14 days of communicating the decision, to the workshop address, in their original condition, with their accessories and suitably packed. Return costs are paid by the customer; a tracked parcel (insured, for a guitar) is recommended. The customer is liable only for any loss in value resulting from handling beyond what is needed to establish the nature, characteristics and functioning of the items, for example a care product used beyond a simple test.

The seller refunds all sums paid, including standard delivery costs, within 14 days of being informed of the withdrawal, using the same means of payment as for the order unless the customer expressly agrees otherwise, at no cost to them. The seller may withhold the refund until the items are received or the customer has supplied proof of sending them. The extra cost of a delivery method more expensive than the standard one is not refunded.

The right of withdrawal does not apply to custom-built or clearly personalised guitars (section 7).

Withdraw from the contract here

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.) To Evasion Guitare, 107 rue Eugène Descamps, 59160 Lomme, France, evasionguitare@gmail.com: I hereby give notice that I withdraw from my contract of sale of the following goods.

Ordered on / received on: … Order reference: … Item(s): … Name of consumer: … Address of consumer: … Signature of consumer (only if this form is notified on paper): … Date: …

10. Legal guarantees

All items sold are covered by the legal guarantee of conformity and the guarantee against hidden defects, under the conditions below. To use them, the customer contacts the seller at evasionguitare@gmail.com describing the defect, with photos if possible.

The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only has to show that the lack of conformity exists, not when it appeared.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience. If the goods are repaired under this guarantee, the consumer benefits from a six-month extension of the initial guarantee. If the consumer asks for repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.

The consumer may obtain a price reduction while keeping the goods, or end the contract and be refunded in full against return of the goods, if: 1° the seller refuses to repair or replace the goods; 2° repair or replacement takes place after thirty days; 3° repair or replacement causes the consumer major inconvenience, in particular when the consumer finally bears the cost of taking back or removing the non-conforming goods, or the cost of installing the repaired or replacement goods; 4° the lack of conformity persists despite the seller’s unsuccessful attempt to remedy it.

The consumer is also entitled to a price reduction or to end the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination; the consumer then does not have to ask for repair or replacement first. The consumer is not entitled to end the sale if the lack of conformity is minor. Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee until the repaired goods are delivered.

These rights result from articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who obstructs the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be raised to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund against return of the goods.

Normal wear (strings, frets, finish) and damage caused by misuse, impact, modification by a third party or unsuitable storage (high heat, humidity, sudden temperature changes) are not a lack of conformity.

11. Complaints and mediation

For any question or complaint, the customer writes to evasionguitare@gmail.com or to 107 rue Eugène Descamps, 59160 Lomme, France.

If no amicable solution is found after a written complaint, the consumer may refer the matter free of charge to the consumer mediator the seller belongs to. The mediator is being appointed; their details will be given here.

12. Personal data

The data given when ordering (name, contact details, delivery address) are used only to process the order, delivery, after-sales service and the seller’s accounting obligations. They are processed as described in the site’s privacy policy, which sets out the customer’s rights (access, rectification, erasure, objection) and how to exercise them.

13. Applicable law and disputes

These terms are governed by French law. A consumer living in another European Union country keeps the protection of the mandatory provisions of the law of their country of residence. Failing an amicable solution, the dispute is brought before the competent court under ordinary rules; the consumer may choose the court of the place where they lived when the contract was concluded or when the harmful event occurred.