General Terms & Conditions

These General Terms and Conditions are governed by French laws and will be interpreted in accordance with French courts. For your reading comfort and understanding, you can get on this page a full translation in English of the General Terms and Conditions of the current website.

The website “https://www.beatsavenue.com” (hereinafter referred to as the “Site”) is a site offering music products and services including primarily: the acquisition, by download, of original musical arrangements. “Download” is defined as the transmission and reproduction of a digital audio file including the recording selected by the Customer. The notion of “original” describes a musical arrangement that has never been used in any previous phonographic publication by any third party.

The Website is published and operated by Clem’s 5 Entertainment.

Clem’s 5 Entertainment is a limited liability company (SARL) with a capital of 2500 euros registered at Pontoise RCS under number 493 357 693, whose registered office is located at: 119 Le Clos de Bessancourt – 95550 Bessancourt – France.

Clem’s 5 Entertainment is hereinafter referred to as “BEATS AVENUE” in these General Terms and Conditions (hereinafter referred to as the “Terms”).

• Each musical arrangement (hereinafter referred to as “Instrumental” or “beat”) listed for sale on the Site is available for listening (streaming) via a music player (published by BeatStars Inc. – www.beatstars.com), with no restriction in terms of frequency or duration.
• The “On Request” services provided by the Site, such as Mixing/Mastering and production of Custom Beats/Instrumentals are presented in the “Services” section of the Site.

IMPORTANT:

All orders placed on the Site are subject to these Terms. All purchases on the Site constitute unconditional acceptance, by the Customer, of the FAQs and the present contract (Terms). BEATS AVENUE reserves the right to modify or change these Terms at any time. The version of the Terms that apply to any transaction is the one available online on the website www.beatsavenue.com at time of order.

1. CUSTOMER
   The Customer means the party contracting with BEATS AVENUE who ensures to be a private individual/consumer as defined by French law and jurisprudence. The Customer declares to be at least 18 years old and to have the legal capacity or to have a parental authorization allowing him to place an order on the Site.
2. NATURE OF THE TERMS AND CONDITIONS
   These Terms do not grant the Customer in any way the quality of employee, representative or agent of BEATS AVENUE.
   Customer and BEATS AVENUE further state that these Terms may under no circumstances be regarded as a constituent act of a corporation or any legal entity, and that any form of “affectio societatis” is expressly excluded from their relationships.
3. PRODUCTS AND SERVICES
   The products and services offered for sale are those described on the Site. BEATS AVENUE pays the greatest possible attention to the presentation and description of these products and services to satisfy Customer’s information. Some errors or omissions may appear in the content of the Site, the Customer acknowledges and agrees to it.
   1. Licensed Instrumental/beat (lease and exclusive)
      The site offers the purchase and download of licensed Instrumentals/beats (digital audio files in mp3 and/or wav), i.e. without transfer of ownership to the Customer. The site remains the owner of the Instrumental/beat and provides a license granting either non-exclusive (leasing) or exclusive rights to the Customer in exchange to the payment of a non-refundable fee (license fee).
      As long as a lease Instrumental/beat is available in the Beat Store music player on the Site, it can be purchased and downloaded by multiple Customers, with no limitation in terms of number. Four types of leasing licenses are proposed to the Customer: Non-Profit, Premium, Trackouts and Unlimited.
      An exclusive Instrumental/beat is sold to one unique Customer only, it can’t be resold by the Site.
      Leasing and Exclusive licenses are legally binding contracts made between the Customer and BEATS AVENUE, and are made available in French and English on the Site.
   2. “On Request” Services
      
      1. Custom Beat / Instrumental
         The Site offers the possibility to purchase “Custom” music, which will be produced according to Customer’s specific criteria. The Custom Beat/Instrumental is designed for one unique Customer only. In exchange for the payment of a flat fee, the Customer acquires ownership of the Custom Beat/Instrumental, i.e. ownership of the master sound recording.
         All the information about Custom Beat/Instrumental is available in the “Custom Beats” section.
      2. Mixing/mastering service
         The Site offers “On Request” services of studio mixing and mastering. The aim of studio mixing is to harmonize the different tracks of a multitrack recording to produce a specific digital signal. This service consists in mixing the Instrumental/beat purchased with Customer’s recorded voices. Mastering comes after mixing and refers to the set of treatments applied to the sound, to obtain a recorded work (song) ready for pressing (CD…) or available for distribution or webcast through online music platforms.The finalized songs, mixed and mastered by Beats Avenue, have a digital signal of 44 kHz/24bits.
         All the information about mixing/mastering services is available in the “Mixing Mastering” section.
4. ORDER
   1. Procedure
      1. Any order on the Site is subject to compliance with the procedure set up by BEATS AVENUE, with an obligation to follow different steps to complete the purchase. The Customer will have the opportunity, before validating the order, to verify the details of it and its total price, and to correct any errors before confirming it to express his acceptance. Any confirmed order by the Customer equals to a sales contract and acceptance of all provisions hereof, including the present Terms and Conditions.
         • For any order of licensed Instrumentals/beats (lease and exclusive): instant payments are made on the day the order is confirmed, as described in paragraph 5. Whenever a Customer buys a licensed Instrumental/beat on the Site, he acknowledges having read and accepted the particular conditions of use and exploitation of it, set forth in the appropriate Leasing Agreement (Non-Profit, Premium, Trackouts and Unlimited) or Exclusive Agreement, available on the Site. These Agreements legally bind the Customer and BEATS AVENUE.
           Moreover, after any purchase of a licensed Instrumental/beat on the Site, the Customer will receive a dated and nominated copy of the related Agreement by email.
         • Regarding the “mixing/mastering” service: once the order is accepted by BEATS AVENUE, an invoice and a request for payment (Paypal or credit/debit card) of the total amount will be sent to the Customer by email. Once payment is made, the “mixing/mastering” work will then begin.
         • Regarding the Custom Beat/Instrumental service: after Customer and BEATS AVENUE have agreed on the music production to be performed and on the related service price, the work will begin only after reception of the down payment required (50% of the total amount) sent by the Customer, following the mailing of the invoice.
           If any specific order agreement has been drafted, it also needs to be signed and returned before any work begins.
      2. About the “On Request” services, BEATS AVENUE reserves the right to refuse the order from a Customer. Once the order is accepted, BEATS AVENUE shall perform the services in order to satisfy at best the Customer. For this purpose, after delivery of the product or service ordered and upon Customer’s request, BEATS AVENUE agrees to proceed to some reasonable modifications of it.
      3. For any order whatsoever, a confirmation email (with details of: product/service ordered, price, quantity …) will be sent to the Customer, either:
         • By Beatstars Inc. for licensed Instrumentals/beats (digital audio files in mp3 and/or wav) ordered from the music player on the Site,

         or

         • By BEATS AVENUE for the “On Request” services (mixing/mastering and Custom Instrumental/beat).

         For this purpose, the Customer formally accepts the use of email for the confirmation of the contents of his order.

   2. Information – billing
      When ordering, some information will be requested. The Customer agrees to provide accurate information and to modify them if necessary.
      BEATS AVENUE reserves the right to ask the Customer for any missing information (billing address etc.) for the legal purpose of invoicing. This information is used solely for that purpose and will not be disclosed to any third parties.
5. PRICE AND METHOD OF PAYMENT
   1. Pricing
      1. For orders of licensed Instrumental/beat, prices (i.e. price of licenses) are displayed, by default, in US Dollars ($) in the Beat Store music player on the Site, including all taxes.
         The total order price (all tax included) is indicated at the bottom of the Beat Store music player when choosing Instrumentals/beats. The total amount, including any discounts, is summarized when placing the order and before its confirmation.
         Regarding billing, prices take into account the applicable VAT at date of order.
      2. About “On Request” services, prices for “mixing/mastering” are displayed in Euros (all tax included) in the related Site section. Regarding the Custom Beat/Instrumental service, the price (in Euros) is determined on a case-by-case basis, depending on the specificity of the Customer order.
      3. BEATS AVENUE reserves the right to change its prices at any time but the products and services will be charged on the basis of prices prevailing on the Site at the registration of the order for licensed Instrumentals/beats and mix/mastering services, or on the basis of the mutually agreed price between the Customer and BEATS AVENUE for any Custom Beat/Instrumental service.
   2. Methods of Payment
      For any order on the Site (licensed Instrumentals/beats and “On Request” services), the payment of the products and services is made by Paypal:
      • Either through his encrypted and secured account, if the Customer has a Paypal account

      or

      • Either by credit/debit card, if the Customer chooses this option. This payment will however be secured by the Paypal services.

      In the case of Custom Beat/Instrumental service, payment may also be made by bank transfer upon request.

   3. Service charges and penalties
      The Customer remains solely responsible for any service charges or additional penalties applied by Paypal services in the event of insufficient funds for example, or other problems that are not caused by the Site. BEATS AVENUE can not be held responsible for any charges or penalties relating to Customer’s PayPal account.
   4. Proof of purchase and download
      The data recorded and stored by BeatStars Inc. and Beats Avenue constitute proof of the order and all transactions. The data recorded by the payment system constitute proof of financial transactions. These data may be used as evidence in case of dispute with the Customer.
6. DIGITAL DELIVERY
   • By following the purchase procedure of licensed Instrumentals/beats on the Site and after payment, an email is sent directly to the Customer, without delay, providing the download link(s) of the ordered digital audio file(s) (in mp3 and/or wav format).
   • Regarding the “On Request” services on the Site, such as mixing/mastering and Custom Beat/Instrumental, time frame for service completion and delivery (digital audio file sent by email) are variable. It is discussed on a case-by-case basis with each Customer, depending on the specific nature of the request. However, upon acceptance of the offer by the Customer and receipt of payment requested by BEATS AVENUE, the service shall be performed and delivered in less than 14 days.

   No delivery charges are applied to all the products and services proposed by the Site.

7. WITHDRAWAL PERIOD
   Pursuant to the provisions of Articles L.121-21-8 of the Code de la consommation (French Code of Consumption), the withdrawal period does not apply for any kind of goods or services proposed by BEATS AVENUE:
   • Digital content (music download) not supplied on a tangible medium (e.g. on CD or DVD) whose performance began after Consumer’s prior express agreement and express waiver to his right of withdrawal (at the time of placing the order).
   • Services fully performed by BEATS AVENUE (mixing/mastering and custom music production) before the end of the withdrawal period and which performance began after Consumer’s prior express agreement and express waiver to his right of withdrawal (at the time of placing the order).
8. PROTECTION OF PERSONAL DATA
   As part of the operation of the Site, BEATS AVENUE may collect personal data. These data will be processed in accordance with the purposes for which it was collected.
   Protection of personal data policy is available here. The Customer acknowledges to have read it.
9. LIABILITY
   BEATS AVENUE can not be held liable for non-performance or improper performance of the contractual obligations attributable to the Customer, including during order entry.
   BEATS AVENUE can not be held liable or deemed to have breached these conditions, for any delay or failure, when the cause of delay or failure was due to a force majeure as defined by the jurisprudence of French courts.
10. MISCELLANEOUS
    Any Failure by either Party, Customer or BEATS AVENUE, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
    These Terms do not confer any exclusivity in the provision of services, or guarantee of quantity or market share to the Customer.
    In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments to comply with said act or legislative text. All other provisions remain in full force. Similarly, the nullity, for any reason, of any provision of the Terms shall not render void the entire Terms.
11. APPLICABLE LAW AND JURISDICTION
    Any placed order implies full acceptance of the Customer to these General Terms and Conditions. These General Terms and Conditions are governed by French law. In case of dispute, only French courts are competent. In case of problem or complaint in connection with an order, the Customer may contact Beats Avenue Customer Service to find an amicable solution (via the Contact section on the Site).
12. DISPUTES
    For any complaint, please contact Beats Avenue Customer Service at its postal address indicated in the present General Terms and Conditions or via the Contact section of the Site.
    The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation bodies or any alternative dispute resolution (conciliation, for example) in case of dispute.
    In this case, the designated mediator is:
    MEDICYS, 73 Boulevard de Clichy, 75009 Paris (France): https://www.medicys.fr/
    The Client is also informed that he can also use the Online Dispute Resolution Platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
    It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to justice.