Terms of sale

Purpose

These terms govern the sale of subscriptions granting access to music file downloads from the Nocti Pool service. Any subscription implies unreserved acceptance of these terms.

Plans and prices

Three monthly plans are offered: Standard €9.99 (200 downloads per month, MP3 320), Pro €19.99 (500 downloads, MP3, WAV and other available formats), Unlimited €59.99 (unlimited downloads, all formats, access to the full catalogue).

Prices are stated in euros, all taxes included. They may be displayed and charged in the customer's local currency, converted at the daily rate; the amount actually charged appears on the receipt.

The publisher may change prices at any time. A new price applies only to billing periods after notification.

Subscription and payment

Subscribing requires an account and a valid payment method. Payment is processed by Stripe; the publisher stores no card details.

The subscription renews automatically at each billing date until cancelled.

If a payment fails, download access is suspended until the situation is resolved.

Download quotas

Each plan opens a monthly quota. Re-downloading the same track counts only once. Unused quota does not carry over to the following month.

An add-on pack of 100 downloads may be purchased for €4.99, valid for the current month.

Plan changes and cancellation

Moving to a higher plan takes effect immediately; the difference is charged pro rata for the remaining period. Moving to a lower plan takes effect at the next billing date.

Cancellation is available at any time from the member area. It takes effect at the end of the period already paid for, which remains due. No pro-rata refund is made.

Right of withdrawal

Under Article L.221-28 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not supplied on a tangible medium where performance has begun after the consumer's prior express consent and express waiver of that right.

By subscribing and accessing downloads, the customer requests immediate performance of the service and expressly waives the right of withdrawal. Absent such consent, the customer has fourteen days to withdraw without giving reasons.

Service availability

The service is provided without any guarantee of continuous availability. Interruptions may occur for maintenance, technical incident or external cause. The catalogue evolves: no track is guaranteed to remain available permanently.

Rights in the works

Making the musical works available on Nocti Pool is covered by an ICE Direct licence issued by ICE Services — the joint venture of PRS for Music, GEMA and STIM.

For the ICE Core repertoire and across the territories it covers, that licence grants the mechanical reproduction and communication-to-the-public rights required to stream and download the works from the service.

It covers the musical works — the rights of authors, composers and publishers — and the delivery carried out by the publisher. It does not extend to the customer's own subsequent use of the files, which is governed by the following clause.

Use of the files

Files are intended for the customer's professional or personal use as a disc jockey. Reselling, publicly distributing or redistributing them is prohibited. The customer remains responsible for obtaining any clearances required for public performance.

In practice, playing a track in public — club, bar, private event, radio, livestream — falls under the licences held by the venue or platform concerned, not under the licence referred to in the previous clause.

Complaints and mediation

Any complaint may be sent to contact@vaxel.fr.

Under Article L.612-1 of the French Consumer Code, a consumer may refer the matter free of charge to a consumer mediator with a view to amicable settlement, after first attempting to resolve it directly with the publisher.

Evidence of transactions

Records kept by the publisher — subscriptions, payments, downloads, email exchanges — constitute evidence of the transactions between the parties, unless proven otherwise. Invoices are archived on a durable medium and remain available from the member area.

Force majeure

Neither party is liable for a failure caused by an event beyond its control, unforeseeable and unavoidable, within the meaning of article 1218 of the French Civil Code: natural disaster, fire, prolonged failure of telecommunications or power networks, failure of a hosting or payment provider.

The affected party informs the other without delay. Obligations are suspended for the duration of the event. Should it last beyond three months, either party may terminate the contract; periods paid for but not served are then refunded pro rata.

Severability and forbearance

If any provision of these terms is held void or unenforceable, it is deemed unwritten and the remaining provisions keep full effect.

The publisher's failure to rely on a breach by the customer does not amount to a waiver of the right to rely on it later.

Governing law

These terms are governed by French law. Failing amicable settlement, disputes fall to the competent courts; a consumer may bring proceedings before the court of their place of residence.