Terms of Use and General Conditions of Sale for Insolent Rave Records Online Store
These general conditions (the "General Conditions") govern your relationship (hereinafter, "You") with Insolent Rave Records (hereinafter "Insolent Rave") when you use the online services of Insolent Rave (the "Services" or "The Stores") via this online store (hereinafter the "Online Store"). Anywhere you see "Insolent Rave" on the website or in any of the General Conditions, this refers to Insolent Rave and/or any of its affiliated companies, subsidiaries, or any parent company (including the international parent company) of Insolent Rave and any subsidiary of such a parent company. It is agreed that Insolent Rave may use the services of a partner or third-party provider to set up the said Online Store. However, unless otherwise indicated, the services available on this Online Store are provided to you by Insolent Rave.
The present General Conditions govern your relationship with Insolent Rave when you use the online services available through this Online Store (hereinafter the "Services").
By purchasing products through this Online Store, you accept these General Conditions of Sale (which include Insolent Rave's privacy policy), and you agree that this Online Store, including any transaction (order and/or payment) you make, is governed by these General Conditions. If you do not accept these General Conditions, you will not be able to access this Online Store. Orders can only be placed through this Online Store. Insolent Rave does not accept any other orders, including by phone or paper form.
It is expressly recommended by Insolent Rave that you print a copy of these General Conditions for future reference. For any questions regarding these General Conditions, please contact Insolent Rave by sending an email to: contact@insolentrave.com.
Placing an order through this Online Store may require the use of third-party applications to start and/or finalize your order. As such, when you place an order through this Online Store, you declare and guarantee that you have accepted the terms and conditions of these third-party applications.
Modifications to the General Conditions
Insolent Rave may make changes to these General Conditions, which will take effect upon their publication on this Online Store, noting that Insolent Rave will not inform you directly/personally of any changes to these General Conditions. We encourage you to regularly review the General Conditions on the Online Store to stay informed of any updates. You agree to read these General Conditions in their entirety before any purchase, as well as for the use of this Online Store.
You will be subject to the policies and General Conditions in effect at the time you order the product(s) from Insolent Rave, unless a change to these policies or the present General Conditions is required by law or a governmental authority (in which case such change may also apply to orders you have previously placed).
Content of the Online Store
The Services provided through this Online Store, including, without limitation, all trademarks, music recordings, lyrics, audio and audiovisual clips, digital downloads (hereinafter collectively referred to as "Content") are owned and controlled by or under license to Insolent Rave, its affiliates, and/or licensees. All rights to the Content are the sole and exclusive property of Insolent Rave or its affiliates, licensors, and/or licensees.
Unless otherwise indicated, this Online Store and its Content are for your personal and non-commercial use only. You may not, without the express prior written consent of Insolent Rave, use, transfer, copy, or reproduce or modify in any way any part of this Online Store, the Services, the Content, or any source HTML code by any means (electronic, mechanical, or otherwise) except for the sole purpose of using the Services and viewing or using the Content as authorized by these General Conditions.
Usage Restrictions
You may not:
● Restrict or prevent any other user from using and enjoying this Online Store or the Services;
● Act in a manner that could damage, disable, overburden, or impair this Online Store or the Services or cause or encourage conduct that would constitute a criminal offense or give rise to civil liability;
● Download, post and/or transmit to a third party, distribute and/or otherwise publish through this Online Store any material containing a virus or other harmful component, or false or misleading origin indications or statements of fact, or any indecent, defamatory material or that may violate the rights of a third party;
● Impersonate any person or entity and/or misrepresent your affiliation with any other person or entity;
● Exploit any information or other material obtained on or through this Online Store for commercial purposes;
● Spam, collect email addresses or other personal information from users, engage in or participate in any form of "spiding," "screen scraping," "database scraping," or any other activity with the purpose of obtaining user lists or other information (including any activity that involves accessing or using Insolent Rave cookies for purposes unrelated to the Services);
● Attempt to gain unauthorized access to other computer systems through this Online Store or obtain or attempt to obtain any material or information through any means not intentionally made available or provided through this Online Store;
● Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any part or access to this Online Store, Content, or Services.
Registration and Passwords
If a particular service requires you to register on this Online Store or create an account, you will need to complete a registration process by providing certain information (including your name, email address, and, in some cases, payment details) and registering a username and password to use in connection with that service. You agree to provide truthful and accurate information when registering or opening an account. The decision to register a password is at Insolent Rave's discretion, and Insolent Rave may revoke your password at any time.
You are responsible for maintaining the confidentiality of the password and account information, and you are solely responsible for all activities that occur under your password or account and any access or use of this Online Store by you or any person or entity using your password, whether or not you authorized such access or use, and whether or not that person or entity is your employee or agent. You must immediately notify Insolent Rave of any unauthorized use of your password or account or any other security breach. Insolent Rave will not be liable for any loss or damage of any kind resulting from the disclosure of your username and/or password contrary to these General Conditions. You may not at any time use another person's account without the express permission of the account holder.
You are responsible for updating the information held by Insolent Rave. Please update your contact details on the Online Store or send an email to info@vesuveagency.com to inform Insolent Rave of any changes.
You must ensure that your computer meets the minimum technical requirements for the Services, namely Internet, "JavaScript," and a browser compatible with cookies. You may need to install third-party software to access all or part of the Services. You are responsible for ensuring that the software works properly with the relevant Services. The general conditions provided by the software provider may apply to third-party software from Insolent Rave and therefore be applicable to you.
You must review Insolent Rave's privacy policy for more explanations on how Insolent Rave uses the information Insolent Rave collects from you and how Insolent Rave uses cookies and traffic analysis tools.
Products Sold by Insolent Rave on the Online Store
This Online Store may allow you to:
● Purchase physical products (e.g., CDs, vinyl records, concert tickets, clothing, and other merchandise or derivative products);
● Purchase/download digital products (e.g., music and videos, NFTs, etc.);
● Purchase mobile products (e.g., music, videos, and other content such as wallpapers, screensavers, and logos, etc.);
● Participate in online games, paid or free;
● Preview and/or listen to and/or watch music and videos online;
● Offer such services on a regular subscription basis or pay-per-view;
● Access a digital event (e.g., livestream concert, meet and greet artist, video premiere, etc.)
The shipping and delivery dates for all "limited edition" and/or "pre-order" sales of products offered through the Online Store are estimated timelines and cannot be guaranteed by Insolent Rave.
Returns and/or exchanges may be refused for "limited edition" numbered products or for offers providing access to a digital event once access has been sent to customers in accordance with the limitations stated in Section XVII below.
The products on this Online Store are limited to the sizes, colors, and variants listed on this Online Store. If a size or variant does not appear on this Online Store, it is currently unavailable.
If Insolent Rave decides to offer additional products on this Online Store, these future products will also be covered by these General Conditions.
Placing an Order
By placing an order through this Online Store, you guarantee that you are legally capable of entering into contracts; and you are at least 18 years old. If you are a minor and/or not legally capable of entering into contracts but wish to use this Online Store, a parent, guardian, or legal representative must accept these General Conditions on your behalf. Proof of authorization from the legal representative may be requested by Insolent Rave at any time. If you are unable to provide this authorization, Insolent Rave reserves the right to cancel your order at its sole discretion. Furthermore, Insolent Rave's liability cannot be sought if you do not meet the criteria set forth herein to enter into such a contract.
Follow the on-screen instructions on this Online Store to place an order. The items you select for purchase, download, and/or streaming (if applicable) will be automatically placed in your "cart." To remove an item from your cart, simply click the "remove" button (or any similar button) next to the item as it appears in your "cart."
Once you press the "order" button (or any similar button), you will be asked to provide certain information to allow Insolent Rave, or a service provider engaged by Insolent Rave, to process your order (including the selected payment method and credit card, e-wallet, or other payment details).
Insolent Rave cannot modify any information on an existing order once it has been processed, including but not limited to, delivery address, billing information, size, item, and/or quantity. If you wish to cancel your order and place a new order with different information, products, or quantities, please follow the cancellation policy (outlined in Section X below).
You will receive an order summary confirmation on-screen and/or by email (provided you have given Insolent Rave a valid email address) confirming that Insolent Rave has received your order - this does not mean that your order has been accepted. Your order represents an offer to Insolent Rave to purchase a particular item, which is accepted by Insolent Rave only when Insolent Rave sends you an email (hereinafter the "Shipping Confirmation") confirming, in the case of physical products, that the particular product has been shipped; or in the case of digital content, instructions for accessing your digital content.
Insolent Rave may reject, modify, or cancel your order for any reason before your order is shipped. If Insolent Rave rejects your order after payment has already been made, Insolent Rave will refund your order according to Insolent Rave's Refund Policy outlined in Section XII (below). When your order included products of a "hybrid" nature (e.g., a physical and digital product), Insolent Rave will refund the physical item of the order according to Insolent Rave's cancellation policy (outlined in Section X, if applicable, below) for that product. The cancellation conditions specific to digital products may apply according to the provisions of Section X below.
The shipping and delivery dates of your order are not guaranteed unless otherwise stated. All shipping times are estimates and cannot be guaranteed. Insolent Rave is not responsible for delays attributable to the carrier, regardless of the shipping method and cause. If you have selected a shipping method with tracking, you will receive tracking information via the email you provided with your shipping information. Shipping delays may occur if you provide an incorrect address at the time of payment, and Insolent Rave's liability cannot be sought in this regard. Insolent Rave is not responsible for lost packages if you entered an incorrect shipping address at the time of payment. If the package containing the product(s) you ordered is returned to Insolent Rave due to a shipping error, Insolent Rave will contact you via the email you provided with your shipping information for an updated shipping address of the product(s). If Insolent Rave does not receive a response within ten (10) business days of your contact, Insolent Rave reserves the right to refund your order.
If you ordered multiple items within a single order, Insolent Rave reserves the right to either ship your order once all items are available for shipping or split your multi-item order into several shipments (hereinafter "Split Shipping") at Insolent Rave's discretion. For certain orders, Insolent Rave may offer you the option to choose Split Shipping during checkout. Split Shipping options may indicate "Ship items separately - as they become available" or similar wording. If you selected Split Shipping, your items will be shipped in separate packages as they become available for shipping. Split Shipping is not available for every order, and Insolent Rave reserves the right to revoke Split Shipping options at any time.
Insolent Rave may offer express shipping options (e.g., next-day shipping, within 2 days, or within 3 days). If you selected an express shipping option, your items will be shipped together in a single shipment when all items are available for shipping, or at Insolent Rave's discretion. Insolent Rave reserves the right to split your order into separate shipments as items become available. Split Shipping is not available at your choice during checkout for express orders. Insolent Rave reserves the right to revoke express shipping options at any time. Please note that express shipping times are carrier times from the date items are ready to ship from Insolent Rave's warehouses. For pre-orders, express shipping is based on when the pre-order period ends and items are ready to ship. These times may vary. Estimated shipping dates for a pre-order will be available through the product page. You must carefully read all product descriptions for all applicable details, and you must ensure you understand all pre-order and shipping timelines before selecting your shipping method.
General Disclaimer
Unless otherwise stated, product prices already include applicable discounts where applicable. All offers are limited to available stock; no checks will be accepted unless otherwise indicated. Promotions are not valid retroactively on previous purchases, nor are they valid for gift cards, gift certificates, or shipping charges. The buyer must pay the applicable sales tax. Offers cannot be combined (including promotions, discounts, promo codes, coupons, etc.). Promotions have no monetary value. The offer cannot be sold, transferred, or otherwise exchanged to any third party. Returns or cancellations of any part of a purchase will result in a refund of the amount paid by you at the time of purchase. No additional amount can be requested by the customer. Insolent Rave reserves the right to terminate or modify any promotion at any time and at its sole discretion. Other restrictions may apply. Offers only apply to authorized shipping countries on the Online Store, unless otherwise stated.
Payment
Insolent Rave may offer several payment options, including but not limited to Visa, MasterCard, American Express, and other e-wallets. Prices appear on this Online Store inclusive of all taxes unless otherwise stated. Insolent Rave may change product prices at any time by posting new prices on this Online Store. By paying with your credit or debit card, or any other payment method, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the costs.
Product prices displayed may exclude shipping charges (which may also include handling, packaging, and other charges in addition to transportation costs), which may be added to the total amount and will be calculated and displayed on-screen at the time of online order placement before you submit your payment. The purchase may appear on your credit card or bank statement under the name of the relevant artist or store, under the name Insolent Rave, or under the name of an applicable technology provider (such as "Shopify"). If you have any questions, please contact contact@insolentrave.com.
Billing on your credit or debit card will occur at the time of order payment and not upon shipment concerning physical product(s), or concerning digital content, at the time of your purchase or shortly thereafter.
Insolent Rave may use a third-party service provider to process payments but will ensure that any payment processor engaged by Insolent Rave is secure and reliable to encrypt credit or debit card data.
Insolent Rave will verify all transactions for signs of fraud and may use a third-party service provider to do so. If your order is flagged as fraudulent, your order will be delayed, and a representative may contact you to verify your information. Please contact contact@insolentrave.com for any questions regarding your order if you are notified that it is flagged as fraudulent.
Cancellation, Delivery, and Use Rules
Digital Content
Cancellation - If you order digital content to download or stream, you will have a fourteen (14) day cancellation period to cancel your order for any reason. However, if you decide to download or stream your product before the end of the legal fourteen (14) day period, you acknowledge that the right of withdrawal will expire accordingly, in accordance with the provisions of Article L.221-28 13° of the Consumer Code. When Insolent Rave provides you with the link to download or stream your content, Insolent Rave will clearly indicate that by clicking on this link, you acknowledge waiving the exercise of the right of withdrawal. If you order digital content provided on a physical medium (CD or DVD), the usual cancellation conditions apply, as stated in paragraph XI (2) below and in accordance with the applicable legislation.
In accordance with Article L221-28 1° of the Consumer Code, the right of withdrawal cannot be exercised within the framework of the provision of services fully executed before the end of the withdrawal period. Consequently, in case of purchasing a product on the Online Store giving access to a concert ticket or a pre-sale of a concert ticket (including in the form of a private or promotional concert), you waive the exercise of the right of withdrawal as soon as the event has taken place, the service being deemed fully executed accordingly. This clause is applicable even when access to the concert pre-sale or the concert ticket is part of a commercial offer including the purchase of other goods and/or services in the form of a "pack" or "bundle".
Delivery - Each downloadable item made available to you or purchased by you is accessible via the dedicated area of this Online Store using your login information and/or by following the instructions provided on-screen or by email. If streaming items are made available, all such streaming items made available or purchased can be viewed immediately after payment authorization by following the instructions provided on-screen or by email. Insolent Rave reserves the right to send digital and/or physical products in partial deliveries (if applicable, you may receive multiple shipments/packages or links related to a single order).
Usage Rules - You may purchase downloads or stream digital content for your personal and non-commercial use only. If you encounter problems downloading the relevant downloadable item, Insolent Rave will authorize you to attempt to download the relevant downloadable item again. If you encounter problems downloading, please contact customer service at the following email address: contact@insolentrave.com. Please note that Insolent Rave may remove products from this Online Store at any time. You may make copies of a product as specified by specific usage rules for that product, or copies that are reasonably necessary for your personal and non-commercial use, as applicable. You will not have the right to burn audiovisual products. Digital rights management software may be used to prevent any illegal use of products, content, or services accessible through the Online Store.
Technical Problems and Defective Products (Digital Products) - If the digital content you download is defective, please notify Insolent Rave as soon as possible (by contacting Insolent Rave at the following address: contact@insolentrave.com). If it turns out that the digital content is indeed defective, Insolent Rave will attempt to repair or replace the relevant product at Insolent Rave's expense within a reasonable time and as far as possible. If a repair or replacement is not possible, Insolent Rave will refund the full or partial cost of the product, as the case may be. If Insolent Rave accepts a refund, Insolent Rave will refund the agreed amount within fourteen (14) days from the notification by the customer of their wish to exercise their right of withdrawal.
Physical Products
Cancellation
Unless otherwise stated in the product description or in the cart, you may cancel your purchase of physical products at any time before the product is in the order preparation stage, for any reason, by sending a cancellation notice by email to contact@insolentrave.com, before receiving a shipping confirmation. If your order has already been prepared or shipped, you can cancel your order by exercising your right of withdrawal within the legal fourteen (14) day period following receipt of the product for any reason, provided you follow Insolent Rave's specified return instructions. In this case, you will receive a full refund of the price paid for the product(s) in accordance with Insolent Rave's Refund Policy outlined in Section XII of these General Conditions. For clarity, when your order concerned products of a "hybrid" nature (e.g., a physical product and a digital product) and Insolent Rave has begun the delivery process of your digital product order, Insolent Rave will refund the relevant physical element of the order in accordance with Insolent Rave's cancellation policy as defined in this Section X of the General Conditions. When you order multiple items delivered in separate batches, the fourteen (14) day withdrawal right starts from the day after receipt of the last item.
For any cancellation of your order, you must clearly inform Insolent Rave. Insolent Rave recommends sending an email to contact@insolentrave.com with a clear "order cancellation notice" and your order number in the email subject line. Please return the product to Insolent Rave immediately in the same condition you received it (at your expense), following the specific return instructions you received. You have a legal obligation to take care of the product while it is in your possession. Failing that, Insolent Rave may claim compensation from you for any damage you have caused to the product.
Further details, including an explanation of how to exercise your right of cancellation and withdrawal, may be provided in the shipping confirmation for physical goods. The details of Insolent Rave's refund policy are also available in Section XII of these General Conditions.
It is expressly agreed that the right of withdrawal does not apply in the following cases, in accordance with the provisions of Article L.221-28 of the Consumer Code:
● Where CDs and/or DVDs (or other audio or audiovisual products) have been unsealed (opened, unwrapped);
● Where the product was made to order according to your customization specifications; or signed or engraved with your name;
● For digital content (see Section X (1) above);
● Where the product, due to its nature, cannot be returned (including consumable products);
● Merchandise worn, washed, or damaged in any way by the consumer;
● The order cancellation cannot be exercised within the framework of leisure activities to be provided at a later date or for a specific period before the order's shipment date. Consequently, in the event of purchasing a physical product giving access to a concert pre-sale or concert ticket or any other event, the order cancellation cannot be exercised when the event occurs before the shipment date of the associated physical product. In the case of a coupled offer of a physical product giving access to a concert pre-sale, the physical product order cannot be canceled before its shipment.
The fourteen (14) day withdrawal right from delivery can, however, be exercised.
Delivery
Insolent Rave will make its best efforts to ship your order within the time frame stated and estimated in the General Conditions of Sale or the product description, which you must read carefully at the time of placing your order. However, it is understood that circumstances beyond Insolent Rave's control may delay execution or delivery, and Insolent Rave cannot be held responsible for such delay (including, but not limited to: a high volume of orders to be shipped, holidays, weather conditions, strikes, artist signatures on the product, pre-order delays, manufacturing delays for pre-order products, and shipping delays from the content supplier for pre-order products, etc.).
Risk and Title:
The transfer of risks for purchased products will take place from the moment of delivery. Ownership of the products will not be transferred to you until Insolent Rave has received full payment of all sums due for the products, including delivery charges.
Damaged, Incorrect, or Incomplete Orders
If your order arrives damaged, incorrect, or incomplete, please contact Insolent Rave at the following email address: info@vesuveagency.com within a maximum of fifteen (15) days from receipt of the product.
Damaged: If your ordered products arrive damaged, photographic proof must be attached to your email to Insolent Rave. Once Insolent Rave has received the photographs, and if Insolent Rave acknowledges the order as indeed damaged, Insolent Rave may offer you financial compensation or a free product or an exchange according to the availability of the relevant product or a return. For returns, Insolent Rave will issue a return label by email. Once the damaged product(s) is/are returned to Insolent Rave and upon receipt of said product(s) by Insolent Rave, Insolent Rave will provide you with replacement product(s) or refund your order.
Incorrect: If the ordered product(s) arrive, and the product(s) is/are not what you ordered; once you have contacted Insolent Rave informing Insolent Rave that you received incorrect products, Insolent Rave will send
you a return label by email. Once the incorrect product is returned to Insolent Rave and upon receipt of the product(s) by Insolent Rave, Insolent Rave will provide a replacement product or refund your order.
Worn or Washed: Insolent Rave will not provide return labels and will not be responsible for products that have been worn or washed by the consumer.
Refund Policy
If you cancel your purchase of products as detailed in Section X above of the General Terms and Conditions, Insolent Rave Records will process the refund due to you as soon as possible. In such cases, Insolent Rave Records will refund the full price of the product, including standard shipping charges, provided the product is returned in perfect condition to Insolent Rave Records. If audio, video, or software products provided to you in sealed packaging are opened, you may not be entitled to a refund due to the expiration of the right of withdrawal in accordance with Article L.221-28 of the Consumer Code. For any return, the costs of returning the item to Insolent Rave Records will be exclusively at your expense. For any purchase in the form of a "pack" or "bundle" of a product from the Store giving access to a concert ticket or presale ticket (including in the form of a private concert or promotional concert), in the event that the show has already taken place, the right of withdrawal cannot be exercised in accordance with Article L.221-28 1° of the Consumer Code. Consequently, you will not be able to benefit from a refund for this service once it has been fully executed.
If you seek to cancel your purchase because you claim the product is defective or there was damage or an error on the part of Insolent Rave Records, Insolent Rave Records will examine the returned product and inform you of your refund or any other possible option available to you by email within a reasonable time: flat-rate compensation, exchange, product reshipment, depending on stock availability.
In the case of delivery to a pickup point, if you do not collect the package within the time frame provided to you by the carrier making it available at the pickup point (on average, seven calendar days as an indication), only the price of the product will be refunded by Insolent Rave Records. The shipping costs of the item will be exclusively at your expense.
In the event that Insolent Rave Records needs to cancel your order after receiving payment from you, Insolent Rave Records will inform you of the need to cancel your order and will process the refund as soon as possible.
Products you return due to a proven defect will be fully refunded, including reimbursement of shipping costs for sending the item and the costs you incurred for returning the item to Insolent Rave Records.
Insolent Rave Records will process any refund using the same method you originally used to pay for your purchase. If you use a gift card to make your purchase, or any other prepaid payment method, you will receive credit on the applicable gift card or prepaid method; for this reason, you must keep all gift cards or prepaid methods following a purchase to ensure you receive credit for any refund.
Technical Issues
Occasionally, technical issues may delay or prevent the delivery of a purchased product. In such a case, your only remedy will be either a replacement product or a refund, as determined by Insolent Rave Records or the concerned third-party supplier, as the case may be.
Insolent Rave Records will not be responsible for failures, defects, or delivery delays caused by:
● Providing incorrect information on your part;
● Your equipment (including your computer) not meeting the minimum technical requirements for the proper functioning of the Services;
● Non-compliance with the instructions for using the Services incumbent upon you; or any event beyond Insolent Rave Records' reasonable control.
International Orders; Import Duty
Products ordered from this online store for delivery outside metropolitan France may take up to eight (8) weeks from the shipping date to reach the designated destination.
Products ordered from this online store for delivery outside metropolitan France may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for paying these import duties and taxes. Additionally, you will be responsible for any local pickup or delivery specified with your local postal service. Insolent Rave Records has no control over these local charges and requirements and cannot predict their amount. For any additional information, please contact your local customs office and post office before placing your order.
You must ensure that you comply with all applicable laws and regulations of the country to which the products are shipped. Insolent Rave Records will not be responsible for any violation of these laws and regulations incumbent upon you.
Contact Information
If you have any questions about these Terms and Conditions, this online store, or any of Insolent Rave Records' services, please contact: contact@insolentrave.com. The notification address for Insolent Rave Records is:
Commercial Services Insolent Rave Records, Inc.
Attention: Insolent Rave Records, 2B impasse des Résidences 14430 Putot en Auge