General conditions of use of the site RADIANCE

Preamble
These Terms of Use are concluded between:
– The site manager, hereinafter referred to as the “publisher”
– Any person wishing to access the site and its services, hereinafter referred to as the “user”.

1. Principles
The purpose of these general conditions of use is the legal framework for the use of Radiance website and its services.

The website www.radiancemusic.art is a service of:
• ERIK NICOLLET PRODUCTION
• Located at 251 Chemin des Cadenières, 83136 Garéoult, France
• Site URL: www.radiancemusic.art
• E-mail: contact@radiancemusic.art
• Phone number: 0675359296

The general conditions of use must be accepted by any user, and his access to the site constitutes acceptance of these conditions.

2. Evolution and duration of the GTU
These general conditions of use are concluded for an indefinite period. The contract is effective with regard to the user from the beginning of the use of the service.
The Radiance website reserves the right to modify the clauses of these general conditions of use at any time and without justification.

3. Accessing the Site
Any user with access to the Internet can access the Radiance website for free and from anywhere. The costs incurred by the user to access it (Internet connection, computer equipment, etc.) are not the responsibility of the publisher.
The site and its various services may be interrupted or suspended by the publisher, in particular during maintenance, without obligation of notice or justification.
The site user has access to the following services: Broadcast Audiovisual content streaming.

The site includes a paid member area reserved for registered users. These users will be able to access it using their login credentials.
The services reserved for members are: Unlimited access to the video catalog.

4. Responsibilities
The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or one of its features.
The connection material used to the site is under the sole responsibility of the user who must take all appropriate measures to protect the material and data in particular from virus attacks via the Internet. The user is also solely responsible for the sites and data he consults.

The publisher cannot be held liable in the event of legal proceedings against the user:
– By using the site or any service accessible via the Internet;
– As a result of the user’s non-compliance with these general conditions.

The publisher is not liable for damage caused by the user, third parties and/or the user’s equipment as a result of his connection or use of the site and the user waives any action against the publisher as a result.
If the publisher were to be the subject of an amicable or legal proceeding due to the use of the site by the user, he may return against him to obtain compensation for all damages, sums, convictions and costs that may result from this procedure.

5. Intellectual Property
All technical documents, products, photographs, texts, logos, drawings, videos, images, etc., are subject to copyright and are protected by the Intellectual Property Code. When delivered to our customers, they remain the exclusive property of ERIK NICOLLET PRODUCTION, the sole owner of the intellectual property rights on these documents that must be returned at his request.
Our customers undertake not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party, except with the express prior authorization given by the publisher.

6. Hyperlinks
The placing by the user of any hypertext links to all or part of the site is strictly prohibited, unless prior written permission of the publisher, requested by e-mail to the following address: requests[@]radiancemusic(dot)art.
The publisher is free to refuse this authorization without having to justify in any way his decision. In the event that the publisher grants his authorization, it is in any case only temporary and can be withdrawn at any time, without obligation of justification to the publisher.
In any case, any link must be removed upon request from the publisher.
Any information accessed via a link to other sites is not under the control of the publisher who declines any responsibility for their content.

7. Protection of personal data
Data collected
The personal data collected on this site are as follows:
– Account opening: when creating the user account: name, surname, email address, telephone number, mailing address;
– Connection: when the user connects to the website, the latter records, in particular, his name, surname, connection, use and location data;
– Profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and telephone number, as well as bank details;
– Payment: as part of the payment of products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
– Communication: when the website is used to communicate with other members, data concerning user communications are temporarily stored;
– Cookies: Cookies are used in connection with the use of the website. The user has the option to disable cookies from his browser settings.

Use of personal data
The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. Specifically, the uses are:
– User access and use of the website;
– Website operation management and optimization;
– Organisation of the terms of use of the Payment Services;
– Verification, identification and authentication of data transmitted by the user;
– Offer the user the possibility to communicate with other users of the website;
– Implementation of user support;
– Personalization of services by displaying advertisements according to the user’s browsing history, according to their preferences;
– Prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
– Management of any disputes with users;
– Sending commercial and advertising information, according to user preferences.

Sharing personal data with third parties
Personal data may be shared with third party companies where:
– When the user uses the payment services, for the implementation of these services, the website is in relation to third-party banking and financial companies with which it has contracts;
– When the user publishes publicly available information in the open comment areas of the website;
– When the user allows a third party’s website to access their data;
– Where the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to the user’s data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the applicable regulatory provisions on the protection of personal data;
– If required by law, the Website may transmit the data to respond to complaints against the Website and comply with administrative and judicial procedures;
– If the website is involved in a merger, acquisition, transfer of assets or receivership, it may assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

Security and Privacy
The Website implements organizational, technical, software and physical measures regarding digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information on the Internet.

Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: request[@]radiancemusic(dot)art.
• The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
• The right to rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
• The right to delete data: Users may request the deletion of their personal data in accordance with applicable data protection laws.
• The right to restriction of processing: Users may request the website to limit the processing of personal data in accordance with the assumptions set out in the GDPR.
• The right to object to the processing of data: users may object to its data being processed in accordance with the assumptions provided for by the GDPR.
• The right to portability: they may request that the website provide them with the personal data provided to them for transmission to a new website.

Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the new wording of the personal data protection clause, he has the option to delete his account.

8. Cookies
The Radiance website may automatically collect standard information. All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.

9. Applicable Law
These general conditions of use are subject to the application of French law.
If the parties cannot resolve a dispute amicably, the dispute will be submitted to the jurisdiction of the French courts.

These terms of use were created on December 10, 2023.

General Conditions of Sale

Preamble
These general conditions of sale apply to all sales concluded on the Radiance website.

The Radiance website is a service of:
• ERIK NICOLLET PRODUCTION
• Located at 251 Chemin des Cadenières, 83136 Garéoult, France
• Site URL: www.radiancemusic.art
• Email: contact[@]radiancemusic(dot)art
• Phone number: 0675359296

The Radiance website sells the following products: viewing videos of concerts by renting or subscribing to a subscription, sale of music in physical version (Album CD Boitier cristal), sale of music in dematerialized form.
The customer declares to have read and accept the general conditions of sale prior to placing his order. The validation of his order therefore constitutes acceptance of the general conditions of sale.

1. Principles
These general conditions of sale express all the obligations of the parties. In this sense, the buyer is deemed to accept them unreservedly.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the Radiance website and will prevail, where applicable, over any other version or other contradictory document.
The seller and the buyer agree that these general conditions of sale exclusively govern their relationship. The seller reserves the right to modify its general conditions of sale. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.

These general conditions of sale are valid until 31 December 2024.

2. Content
The purpose of these general conditions of sale is to define the rights and obligations of the parties in connection with the sale of goods offered by the seller to the buyer, from the Radiance website.
These conditions only apply to purchases made on the Radiance website and delivered worldwide.
These purchases concern the following products: viewing videos of concerts by renting or subscribing to a subscription, the sale of music in physical version (Album CD Jewelcase), the sale of music in dematerialized form.

3. Pre-contractual Information
The buyer acknowledges having communicated, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of the present viewing of videos of concerts by the rental or subscription, sale of music in physical version (Album CD Boitier cristal), sale of music in dematerialized form.
And all the information listed in article L.221-5 of the Consumer Code.

The following information shall be clearly and comprehensibly communicated to the buyer:
– The essential characteristics of the property;
– The price of goods and/or the method of calculating the price;
– where applicable, any additional transport, delivery or postage charges and any other charges which may be due;
– In the absence of immediate performance of the contract, the date or time period on which the seller undertakes to deliver the goods, regardless of their price;

– Information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, information relating to legal guarantees, functionality of digital content and, where applicable, interoperability, the existence and implementation of guarantees and other contractual conditions.

4. The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer will have to accept, by clicking on the indicated place, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
– After the confirmation of acceptance of the order by the seller has been sent to the buyer by e-mail;
– And after collection by the seller of the full price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will occur as part of a possible exchange and the guarantees mentioned below.
In certain cases, including payment default, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any questions related to the tracking of an order, the buyer can send an email to the following address: orders[@]radiancemusic(dot)art; on the following days and times: Monday to Friday, from 9am to 6pm.

5. Electronic signature
The online supply of the buyer’s credit card number and the final validation of the order will be proof of the buyer’s agreement:
– Payment of sums due under the purchase order;
– Signature and express acceptance of all transactions.
– In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following e-mail address: requests[@]radiance.music(dot)art

6. Order Confirmation
The seller provides the buyer with an order confirmation, via email.

7. Proof of Transaction
Computerized records, kept in the computer systems of the seller under reasonable conditions of security, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as proof.

8. Product Information
The products governed by these general conditions are those that appear on the website of the seller and that are indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.

9. Price
The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on this date.
Prices are in Euros (€). They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products of the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, both up and down, this change may be reflected in the sales price of the products.

10. Method of Payment
This is an order with payment obligation, which means that the placing of the order implies a payment from the buyer.
To pay the order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the purchase order. The seller reserves the right to suspend all order management and delivery in case of refusal of authorization of payment by credit card from officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse delivery or to honour an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
The price is paid in full on the day of the order, according to the following terms:
– Credit card.

11. Product Availability – Refund – Resolution
Except in case of force majeure or during the closing periods of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in metropolitan France and Corsica, the deadline is three days from the day after the buyer placed his order, according to the following terms: Collissimo. At the latest, the period will be thirty working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract, instruct the seller to perform it within a reasonable additional time.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on other durable medium.
The contract will be deemed to have been resolved upon receipt by the seller of the letter or the written notice informing him of this resolution, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within fourteen days at the latest of their payment, or the exchange of the product.

12. Terms of Delivery
Delivery is the transfer to the consumer of physical possession or control of the goods. The products ordered will be delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be returned at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to collect the package at the place and time indicated.
If at the time of delivery the original packaging is damaged, torn, opened, then the buyer must check the condition of the items.
If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, …).
This verification shall be deemed to be carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item or items and send a copy of this mail by fax or simple mail to the seller at the address indicated in the mentions legal site.
If the products need to be returned to the seller, they must be returned to the seller within fourteen days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, …).

13. Delivery Errors
The buyer must submit to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/ or failure-conformity of products in kind or quality with the indications on the purchase order. Any claim made beyond this period will be rejected.
The claim may be made, at the buyer’s choice:
– By phone at 0675359296
– By e-mail to orders[@]radiancemusic(dot)art.
Any complaint not made in the rules defined above and within the time allowed cannot be taken into account and will release the seller from any responsibility towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of an exchange number.
In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Collissimo Recommended, at the following address: 251, Chemin des Cadenières, 83136 Garéoult, France.
The return costs are the responsibility of the seller.

14. Product Warranty
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the property sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L.217-3 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of two years from the delivery of the property to act;
– the buyer may choose between repairing or replacing the goods, subject to the cost conditions laid down in Article L.217-17 of the Consumer Code;
– the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.

14-2 Legal guarantee for hidden defects
In accordance with articles L.1641 and following of the Civil Code, the seller is the guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to make the property unsuitable for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer must choose between the resolution of the sale or a reduction of the price in accordance with article L.1644 of the Civil Code.

15. Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of fourteen days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, …) allowing their recommercialization in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website via the Requests page. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased(s) are refunded and the delivery costs are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within seventy-two hours, and at the latest, within fourteen days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– Supplies of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– Supply of goods made to the specifications of the consumer or clearly personalized;
– Provision of goods likely to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– Supplies of audio or video recordings or computer software when unsealed by the consumer after delivery;
– Provision of a newspaper, periodical or magazine, except for contracts for subscription to such publications;
– The provision of digital content not provided on a material medium, the performance of which began after express prior consent of the consumer and express waiver of his right of withdrawal.

16. Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exoneration of the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.
Shall be considered as force majeure all facts or circumstances irresistible, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport and supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

17. Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights in this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.

18. Information Technology and Freedoms
The personal data provided by the buyer is necessary for the processing of his order and the preparation of invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The buyer has a right of permanent access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Radiance site.

19. Partial Non-application
If one or more provisions of these general conditions are held to be invalid or declared to be invalid under a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

20. Non-renunciation
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

21. Title
In case of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

22. Language of contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.

23. Mediation and Dispute Resolution
The buyer may resort to conventional mediation, in particular with the Commission de la Médiation de la Consommation or after existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and EU professionals. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

24. Applicable Law
These general conditions are subject to the application of French law. The competent court is the court.
This is the case for both substantive and formal rules. In case of dispute or complaint, the buyer will contact the seller to obtain an amicable solution.

These general conditions of sale were created on December 10, 2023

Cookie policy

1. The use of cookies
Our website Radiance uses cookies. A cookie is a small file that is sent with the pages of this website and/or Flash applications and that is stored by your browser on your hard drive from your computer, mobile phone, smartwatch or tablet. The information stored there may be returned to our servers on a subsequent visit. The use of cookies is of great importance for the proper functioning of our website. Thanks to the (anonymous) contribution of visitors, we can improve the use of the website and make it more user-friendly.

2. Consent
Your consent is required for the use of certain cookies. We collect it through an informative banner.

3. The type of cookies used and their purposes
We use the following cookies:
– Functional cookies: they enable us to improve the functioning of the website and make it more user-friendly. For example, we store your login data.
– Audience measurement cookies: they ensure that an anonymous cookie is generated each time you visit a website. These cookies let you know whether you have visited the site before or not. Only on the first visit a cookie is created. On subsequent visits, the existing cookie is automatically used. This cookie is only used for statistical purposes. In this way, the following data may be collected:
• Number of unique visitors
• How often users visit the site
• What pages visitors visit
• How long users visit a particular page
• The page from which visitors leave the site
– Tracking cookies: they allow you to analyze your browsing, your viewing habits or consumption on the sites of the network, in order to offer you targeted advertising or personalized services. The profile that is created based on this data is not linked to your name, address, email address, etc., but only serves to match the advertisements to your profile, so that they are as relevant as possible for you. We collect your consent for these cookies. They will not be installed without your consent.

– Third-party cookies: they allow you to track the pages you visit on the internet in order to create your personal profile. This profile is not linked to your name, address, email address, etc., as stated above, but is only used to identify you as a unique visitor and to tailor advertisements to your profile so that they are as relevant as possible to you. We collect your consent for these cookies. They will not be installed without your consent.
– Site improvement cookies: they allow different versions of a web page to be tested in order to know which page is better used.

4. List of cookies used
Google cookies:
• Google Analytics: measures the site’s audience.
• Google Tag Manager: facilitates the implementation of tags on pages and manages Google tags.
• Google Adsense: advertising agency of Google using Youtube websites or videos as support for its ads.
• Google Dynamic Remarketing: allows you to offer dynamic advertising based on previous searches.
• Google Adwords Conversion: tracking tool for Adwords advertising campaigns.
• DoubleClick: advertising cookies from Google to display banners.

5. Your rights with respect to your personal data
You have the right to access, rectify, limit and delete your personal data. In addition, you have the right to object to the processing of personal data and the right to the transferability of your data. You can exercise these rights by sending us an email at following requests[@]radiancemusic(dot)art. In order to prevent abuse, we may ask you to identify yourself on our site. when it comes to accessing your personal data linked to a cookie, we ask you to send us a copy of the cookie in question. You can find them in your browser settings.

6. Blocking and deleting cookies
You can easily block and delete cookies yourself at any time through your internet browser. You can also configure your internet browser to receive a message when a cookie is installed. You can also indicate that some cookies cannot be installed. For this, please consult the help function of your browser. If you delete cookies from your browser, this may have consequences for the use of our website.

Some tracking cookies are set by third parties who display advertisements to you through our website. You can delete these cookies centrally via www.youronlinechoices.eu.

Please note that if you do not want cookies, we will no longer be able to guarantee the proper functioning of our website. Some features of the site may be altered and in some cases, you will no longer be able to access the site. In addition, the refusal of cookies does not mean that you will not see any advertising. Ads will no longer be tailored to your interests and may appear more often.

The steps to adjust your settings vary from browser to browser. If necessary, refer to your browser’s help function, or visit one of the links below to access your browser’s manual directly:
Firefox: https://support.mozilla.org/fr/kb/effacer-cookies-donnees-site-firefox
Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform=Desktop&hl=en
Internet Explorer: https://support.microsoft.com/fr-fr/topic/comment-supprimer-des-fichiers-cookies-dans-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc
Safari: https://support.apple.com/HT201265

7. New developments and unintended cookies
On some of our pages, we may use content that is hosted on other sites and that is made accessible on our website using certain codes (embedded content). These codes often use cookies. However, we have no control over what these third parties do with their cookies.
It is also possible that cookies may be placed by other people through our website.
Have you found cookies on our website that we have not identified? Please let us know by email using requests[@]radiancemusic(dot)art. You can also contact the third party and ask them what cookies they place, why they place them, how long the cookie lasts, and what measures to protect your privacy.

8. Remarks
We will need to update this cookie policy on a regular basis, for example when we change our website or its rules. Please refer to this page for the latest version of our cookie policy.
If you have any questions and/or comments, please contact us at: requests[@]radiancemusic(dot)art.

This cookie policy was created on December 10, 2023.

Legal notice and privacy policy

The company ERIK NICOLLET PRODUCTION, concerned about the rights of individuals, in particular with regard to automated processing and in a desire for transparency with its customers, has put in place a policy incorporating all these treatments, the aims pursued by the latter and the means of action available to individuals so that they can best exercise their rights.
For more information on the protection of personal data, please visit: https://cnil.fr/fr.
By continuing to browse this site, you accept without reservation the following terms and conditions of use.
The current online version of these Terms of Use is the only enforceable version for the duration of use of the Site and until a new version replaces it.

1. Legal Notice
1.1 Site (hereinafter “the site”)
Radiance

1.2 Publisher (hereinafter “Publisher”)
ERIK NICOLLET PRODUCTION SASU with capital of 1000 €
With registered office at 251, Chemin des Cadenières, 83136 Garéoult, France
Represented by Erik Nicollet, in his capacity as President
Registered with the RCS of Draguignan 951082767
Telephone Number: 0675359296
Email address: contact[@]radiance(dot)com
Publication director: Sébastien HERVÉ

1.3 Host (hereinafter, “Host”)
Radiance is hosted by Hostinger headquartered at 61 Lordou Vironos Street, 6023 Larnaca, Cyprus.

1.4 Data Protection Officer (DPO)
A data protection officer: Sébastien HERVÉ, requests[@]radiance(dot)art, is at your disposal for any question relating to the protection of your personal data.

2. Accessing the Site
Access to and use of the site is for personal use only. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited emails.

3. Site Content
All brands, photographs, text, comments, illustrations, animated or not images, video sequences, sounds, music as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on this site are protected by the laws in force under intellectual property.
They are the full property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, are strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of legal proceedings.

4. Site Management
For the proper management of the site, the publisher may at any time:
– Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or certain parts of the site, to a specific category of Internet users;
– Delete any information that may disrupt its operation or contravene national or international laws;
– Suspend site for updates.

5. Responsibilities
The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or one of its features.
The connection material to the site you use is under your full responsibility. You must take all appropriate measures to protect your hardware and your own data including from virus attacks over the Internet. You are also solely responsible for the sites and data you visit.

The publisher cannot be held liable in the event of legal proceedings against you:
– By using the site or any service accessible via the Internet;
– As a result of your failure to comply with these terms and conditions.

The publisher is not liable for damage caused to you, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against him as a result.
If the publisher were to be the subject of an amicable or legal proceeding because of your use of the site, it may turn against you to obtain compensation for all damages, sums, convictions and costs that may result from this proceeding.

6. Hyperlinks
The establishment by users of any hypertext links to all or part of the site is subject to the permission of the publisher. Any link must be removed upon request of the publisher.
Any information accessible via a link to other sites is not published by the publisher. The publisher has no rights to the content contained in the said link.

7. Data Collection and Protection
Your data is collected by ERIK NICOLLET PRODUCTION.
A personal data refers to any information concerning an identified or identifiable natural person (data subject); is considered identifiable a person who can be identified, directly or indirectly, including by reference to a name, an identification number or one or more specific elements specific to its physical, physiological, genetic, psychological, economic, cultural or social identity.
The personal information that may be collected on the site is mainly used by the publisher for the management of relations with you, and if necessary for the processing of your orders.

The personal data collected are as follows:
– Name and surname
– Address
– E-mail address
– Telephone number
– Date of birth
– Bank details
– Financial data: as part of the payment of products and services offered on the site, it records financial data relating to the user’s credit card.
The data protection officer Sébastien HERVÉ, requests[@]radiance(dot)art, is at your disposal for any question relating to the protection of your personal data.

8. Right of access, rectification and de-indexing of your data
Pursuant to the regulations applicable to personal data, users have the following rights:
• The right of access: they can exercise their right of access, to know the personal data concerning them, by writing to the email address below mentioned. In this case, before the implementation of this right, the site may request proof of the user’s identity in order to verify its accuracy;
• The right to rectification: if the personal data held by the site is inaccurate, they may request that the information be updated;
• The right to delete data: users may request the deletion of their personal data in accordance with applicable data protection laws;
• The right to limit processing: users can ask the site to limit the processing of personal data in accordance with the assumptions provided for by the GDPR;
• the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR;
• The right to portability: they can request that the site give them the personal data they have provided in order to transmit it to a new site.

You can exercise this right by contacting us at:
ERIK NICOLLET PRODUCTION
Address: 251, 83136 Garéoult, France

Or by e-mail to:
requests[@]radiancemusic(dot)art

You can also contact our data protection officer: Sébastien HERVÉ, requests[@]radiance(dot)art, who is at your disposal for any question relating to the protection of your personal data.

Any request must be accompanied by a photocopy of a valid identity document signed and mention the e-mail address to which the publisher may contact the applicant. The response will be sent within one month of receipt of the request. This period of one month may be extended by two months if the complexity of the request and/or the number of requests so requires.

In addition, and since Law No. 2016-1321 of October 7, 2016, people who wish to do so, have the opportunity to organize the fate of their data after their death. For more information on the subject, visit the CNIL website: https://www.cnil.fr/fr

We recommend that you contact us first before filing a complaint with the CNIL, because we are at your disposal to solve your problem.

9. Use of Data
The purpose of the personal data collected from users is to provide the Site Services, improve them and maintain a secure environment. The legal basis of the processing is the execution of the contract between the user and the site. More precisely, the uses are as follows:

– Access and use of the site by the user;
– Site operation management and optimization;
– Implementation of user support;
– Verification, identification and authentication of data transmitted by the user;
– Personalization of the Services by displaying advertisements according to the browsing history of the user, according to his preferences;
– Prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
– Management of any disputes with users;
– Sending commercial and advertising information, according to user preferences;
– Organisation of the terms of use of the Payment Services.

10. Data Retention Policy
The site retains your data for the time necessary to provide you with its Services or support.
To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse or enforce our terms and conditions, we may also retain some of your information if necessary, even after you have closed your account or we no longer need to provide you with our Services.

11. Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies worldwide where:
– When the user uses payment services, for the implementation of these services, the site is in contact with third-party banking and financial companies with which it has contracts;
– When the user publishes publicly accessible information in the open comment areas of the site;
– When the user authorizes the website of a third party to access his data;
– When the site uses the services of service providers to provide user support, advertising and payment services. These providers have limited access to the user’s data, as part of the performance of these services, and have the contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– If required by law, the site may transmit the data to respond to claims made against the site and comply with administrative and judicial procedures.

12. Commercial Offers
You may receive commercial offers from the publisher. If you do not wish to do so, please use the form available on the Requests page.
Your data may be used by the publisher’s partners for marketing purposes. If you do not wish to do so, please use the form available on the Requests page.
If, during the consultation of the site, you access personal data, you must refrain from any collection, unauthorized use and any act that may constitute an attack on the privacy or reputation of individuals. The publisher declines all responsibility in this regard.
The data is stored and used for a period in accordance with current legislation.

13. Cookies
What is a cookie?
A “Cookie” or tracer is an electronic file deposited on a terminal (computer, tablet, smartphone, …) and read for example when consulting a website, reading an email, the installation or use of a software or mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-et-autres-traceurs/regles/cookies.
The site may automatically collect standard information. All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.

If necessary, “cookies” from the website publisher and/or third-party companies may be deposited on your terminal, with your consent. In this case, during the first navigation on this site, an explanatory banner on the use of “cookies” will appear. Before continuing browsing, the customer and/or the prospect must accept or refuse the use of said “cookies”. The consent given will be valid for a period of thirteen months. The user has the option to disable cookies at any time.

The following cookies are present on the site:
– Session cookies for user management.

14. Photographs and representation of products
The product photographs, accompanying their description, are not contractual and do not commit the publisher.

15. Applicable Law
These conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the head office of the publisher, subject to a specific attribution of jurisdiction arising from a particular law or regulation.

16. Contact Us
For any questions, information about the products presented on the site, or about the site itself, you can leave a message at the following address: requests[@]radiancemusic(dot)art.

This legal notice and privacy policy was created on December 10, 2023.

ANNEXES

Consumer Code

Article L217-4

The property complies with the contract if, in particular, it meets the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the knowledge of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is issued with all accessories and installation instructions, to be provided in accordance with the contract;

4° It shall be updated in accordance with the contract.

Article L217-5

I.-In addition to the criteria for compliance with the contract, the property is compliant if it meets the following criteria:

1° It is appropriate for the usual expected use of a property of the same type, taking into account, where appropriate, any provision of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° If applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements contained therein shall be provided in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the property and to public statements made by the seller, by any person upstream in the chain of transactions, or by any person acting on their behalf, including in advertising or labelling.

II. -However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates:

1. That he did not know them and was legitimately unable to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That public statements could not have influenced the purchase decision.

III. -The consumer cannot challenge the conformity by invoking a defect concerning one or more particular characteristics of the good, which he has been specifically informed deviated from the conformity criteria set out in this article, difference to which he expressly and separately agreed at the time of conclusion of the contract.

Article L217-6

When, at the time of the contract, a processing of personal data is carried out by the professional, a failure on its part to meet its obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, where such failure results in the non-compliance with one or more of the conformity criteria set out in this section, shall be treated as a lack of conformity, without prejudice to the other remedies provided for in those texts.

Article L217-7

Defects in conformity which appear within 24 months of the delivery of the good, including the good with numerical elements, shall, unless evidence to the contrary, be presumed to exist at the time of delivery, unless that presumption is incompatible with the nature of the property or default invoked.

For second-hand goods, this period is set at twelve months.

Where the contract for the sale of a property with digital elements provides for the continuous supply of digital content or a digital service, the following non-conformities are presumed to exist at the time of delivery:

1) For a period of two years from the delivery of the property, where the contract provides for such supply for a period not exceeding two years or where the contract does not determine the period of supply;

2) During the period during which the digital content or digital service is provided under the contract, where the contract provides for such supply for a period exceeding two years.

Article L217-8

In case of lack of conformity, the consumer is entitled to bring the goods into conformity by repair or replacement or, failing that, to reduce the price or to terminate the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or remission of the benefit provided for in the contract until the seller has fulfilled his obligations under this Chapter, under the conditions of articles 1219 and 1220 of the Civil Code.

The provisions of this Chapter shall be without prejudice to the award of damages.

Article L217-9

The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.

The consumer asks the seller to bring the property into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Article L217-10

The property shall be brought into conformity within a reasonable period which may not exceed thirty days following the consumer’s request and without major inconvenience to the consumer, taking into account the nature of the property and the use sought by the consumer.

The repair or replacement of the non-conforming property includes, if applicable, the removal and recovery of the property and the installation of the repaired or replacement property by the seller.

A decree specifies the modalities of the compliance of the property.

Article L217-11

The property is brought into compliance at no cost to the consumer.

The consumer is not liable to pay for the normal use made of the replaced property during the period prior to its replacement.

Article L217-12

The seller may not proceed according to the choice made by the consumer if the compliance requested is impossible or entails disproportionate costs in particular:

1° The value of the property in the absence of non-compliance;

2° The importance of the lack of conformity; and

3° The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into conformity if it is impossible or results in disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, continue the enforcement in kind of the solution initially requested, in accordance with Articles 1221 et seq.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the property into conformity, is justified in writing or on a durable medium.

Article L217-13

Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six months.

When the consumer makes the choice of the repair but it is not implemented by the seller, the compliance by the replacement of the good makes run, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced good. This provision shall apply from the day on which the replacement goods are delivered to the consumer.

Article L217-14

The consumer is entitled to a reduction in the price of the goods or to the termination of the contract in the following cases:

1° When the professional refuses to comply;

2° When compliance occurs beyond a period of thirty days following the consumer’s request or if it causes him a major inconvenience;

3° If the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs;

4° When the non-conformity of the property persists despite the seller’s failed attempt to comply.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to the resolution of the sale if the lack of conformity is minor, which is the responsibility of the seller to demonstrate. This paragraph shall not apply to contracts in which the consumer fails to pay a price.

Article L217-15

In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the property.

The reduction of the price is proportional to the difference between the value of the delivered good and the value of this good in the absence of the lack of conformity.

Article L217-16

In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to terminate the contract. He returns the goods to the seller at the seller’s expense. The seller shall reimburse the consumer for the price paid and return any other benefit received under the contract.

If the lack of conformity concerns only certain goods issued under the sales contract, the consumer has the right to the termination of the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods in conformity.

For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer is entitled to the resolution of the entire contract. In addition, in the case of a group offer within the meaning of Article L. 224-42-2, the consumer has the right to the resolution of all the related contracts.

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the termination of the contract of sale of an asset with digital elements.

Civil code

Article 1641

The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the purpose for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them.

Article 1648

The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, subject to foreclosure, within one year of the date on which the seller can be discharged of apparent defects or defects of conformity.