Preamble 

Definitions

1. Description of the service 

2. Conditions of access 

3. Description of the Qobuz offers 

4.  Conditions of use for the Qobuz subscription offers 

5. Price 

6.  Site’s responsibility 

7.  Obligations of the customer  

8. Alert procedure and reporting of abuse 

9. Payment methods 

10. Qobuz gift cards 

11. Absence of right of withdrawal 

12. Account deactivation and deletion 

13. Territory  

14. Election of domicile 

15. Personal data 

16. Cookies 

17. Intellectual Property 

18. Customer Service  

19. Applicable law, litigation and mediation 

20. Nullity of an article 

21.  Our offers    

 

 

Introduction 

        21.1.1     Duration   

        21.1.2     Renewal 

        21.1.3     Termination 

 

Introduction 

        21.2.1     Duration 

        21.2.2     Renewal 

        21.2.3     Termination 

 

Introduction

        21.3.1     Description and availability of STUDIO DUO offer

        21.3.2     Conditions of access to STUDIO DUO offer

        21.3.3     Conditions of use of STUDIO DUO offer

        21.3.4     Duration

        21.3.5     Renewal

        21.3.6     Termination

 

 

Introduction 

        21.4.1     Description and availability of STUDIO FAMILY offer        

        21.4.2     Conditions of access to STUDIO FAMILY offer 

        21.4.3     Conditions of use of STUDIO FAMILY offer 

        21.4.4     Duration 

        21.4.5     Renewal 

        21.4.6     Termination   

 

Introduction 

        21.5.1     Duration 

        21.5.2     Renewal  

        21.5.3     Termination

 

Introduction

        21.6.1     Description and availability of SUBLIME DUO offer

        21.6.2     Conditions of access to SUBLIME DUO offer 

        21.6.3     Conditions of use of SUBLIME DUO offer 

        21.6.4     Duration

        21.2.5     Renewal

        21.2.6     Termination

 

Introduction

        21.7.1     Description and availability of SUBLIME FAMILY offer

        21.7.2     Conditions of access to SUBLIME FAMILY offer 

        21.7.3     Conditions of use of SUBLIME FAMILY offer 

        21.7.4     Duration

        21.7.5     Renewal

        21.7.6     Termination

 

 

        21.8.1     Description of the download offer 

        21.8.2     Conditions of access to the download offer       

        21.8.3     Conditions of use of the download offer 

        21.8.4     Orders and payment methods 

Preamble

The QOBUZ website, the address of which is https://www.qobuz.com (hereinafter referred to as “the Site”), is published by XANDRIE SA, a company with a share capital of EUR 5 136 057.

Information on Xandrie SA (registered with the Bobigny Trade and Companies’ Register under number B 749 983 029):

Address - Centre d’activité de l’Ourcq 45 rue Delizy 93500 Pantin 

 

VAT NUMBER: FR52 749,983,029

The Site makes a permanent download offer of musical recordings of paid tracks or albums (hereafter referred to as “the QOBUZ download service”) available to the general public, adults and non-professional public, and an unlimited listening service of commercial-free streaming music in different sound qualities, accessible through several paid subscription offers, allowing the Customer to listen to all the tracks in the Site’s music catalogue (hereafter referred to as “the QOBUZ streaming service”).

The Site also offers its visitors or customers free access to a wide range of editorial content (articles, dossiers, blogs, podcasts) on music news and the world of high-fidelity music.

XANDRIE reserves the right to modify these general conditions of use and sale (hereinafter referred to as “GCUS”) at any time and at its discretion. Use of the Service by the Customer following any modification of the present GCUS constitutes acceptance. The new GCUS come into force on the date indicated at the top of the present document.  

For any information of a technical nature, the Customer can refer to the “help” section available on the site.

 

 

Definitions 

For the purposes of these GCUS, the following definitions shall apply: 

“Hi-Res 24-bit albums” shall be understood as all Hi-Res 24-bit quality albums available for download. 

“QOBUZ Applications” shall be understood as any software made available to the customer by XANDRIE SA, allowing access to the Service, to be installed on the Mobile Listening Devices. 

“Customer”: shall be understood as any person registered for the Service under the conditions set out in Article 2 of these GCUS.

“Classical Genre” shall be understood as any digital music file referenced by the Site in the Classical Genre.

“Personal Information” shall be understood as any information relating to the Customer.           

“Import” shall be understood as the temporary and encrypted transmission and storage, via an Internet network, of tracks, playlists or albums previously selected by the Customer on any Listening Device using the QOBUZ Applications.

“Offline mode” shall be understood as the functionality allowing to listen in different qualities, without an active internet connection, to the tracks, playlists and albums previously downloaded by the Customer via the Import feature, on any Listening Device using the QOBUZ Applications.

“Mobile Listening Device” shall be understood as any electronic device allowing connection to the Internet through wired and/or wireless technology or through the mobile radiotelephony networks from which the Service is available and on which a QOBUZ Application or application in which the Service is available can be installed.        

“Non-mobile listening device” shall be understood as any electronic device allowing connection to the Internet through wired and/or wireless technology from which the Service is available either via the Site, via the QOBUZ Player or via the QOBUZ Desktop application.     

“Service” shall be understood as any online and offline service that makes it possible to view, listen to and download e audio and video available on the Site or through the QOBUZ Applications.          

“Site” or “Website” shall be understood as the interactive electronic service run by XANDRIE SA on the Internet, accessible at https://www.qobuz.com.

“Streaming” shall be understood as listening to or viewing digital files in real time, without the option of downloading, under the conditions described below.

“Downloading” shall be understood as the permanent transmission, from the Site, of a digital file integrating the sound recording chosen by the Customer and its reproduction on the hard drive of the Customer’s computer, under the conditions described below.

 

 

1. Description of the service 

The Site offers the Customer online audio/video services, the precise terms and conditions of which are detailed in these GCUS. 

The Qobuz service is reserved for private individuals who are adults or who are children and have parental consent and cannot be used for professional purposes. In this respect, these provisions are without prejudice to the legal provisions protecting the consumer, notably those provided for in the French Consumer Code. 

Unless proven otherwise, the data recorded by XANDRIE SA constitute proof of all transactions conducted between XANDRIE SA and its Customers. 

The history of transactions between XANDRIE SA and the Customer can be consulted at any time in the Customer’s profile, available on the Site.     

 
2. Conditions of access 

 

To be able to benefit from the Services, the Customer must create an account. To do so, he simply clicks on the “My Account” button, available on the Site’s home page. He then follows the instructions given to him by the Site. 

Among other things, the Customer is asked to choose an ID (login name) and a password. This information is strictly confidential, and the customer is invited to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated. 

Any account created is personal, named and unique. The Customer can only create one account. 

In order to meet the legal obligations relating to billing, the Customer will be asked to provide a certain amount of personal information (title, surname, first name, e-mail address, postal code, etc.). The customer agrees to provide accurate and truthful information, and to inform XANDRIE SA of any changes in this regard. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE reserves the right to permanently close his/her account, and to prosecute him both civilly and criminally where appropriate. 

Upon providing the requested information, the Customer shall tick a box, “I confirm that I have read and accepted the GCUS of the qobuz.com website”. as After confirming this field, the Customer is deemed to have read and accepted these GCUS, and may therefore be held liable for any the non-performance of the various obligations resulting therefrom. 

The trial or introductory offers proposed by XANDRIE SA to its users shall also be subject to the approval of these GCUS without restriction or reservation. The trial or introductory offers may concern all QOBUZ subscription offers, except for the SUBLIME offers. 

The trial period is reserved to all new subscribers and each user is entitled to one trial period only. 

The Customer must meet the age requirements in the table below and have the capacity to enter into a binding contract with XANDRIE SA, i.e. not to be subject to a legal protection measure for adults. 

 

 

Country	Creating an account, without membership subscription	Subscribing to a Qobuz subscription offer
France	From 16 years old	From 18 years old
Germany	From 16 years old	From 18 years old
Argentina	From 16 years old	From 18 years old
Australia	From 16 years old	From 18 years old
Austria	From 16 years old	From 18 years old
Belgium	From 16 years old	From 18 years old
Brasil	From 16 years old	From 18 years old
Canada	From 16 years old	From 18 years old
Colombia	From 16 years old	From 18 years old
Chile	From 16 years old	From 18 years old
Denmark	From 16 years old	From 18 years old
Spain	From 16 years old	From 18 years old
United States	From 16 years old	From 18 years old
Finland	From 16 years old	From 18 years old
Ireland	From 16 years old	From 18 years old
Italy	From 16 years old	From 18 years old
Japan	From 16 years old	From 18 years old
Luxembourg	From 16 years old	From 18 years old
Mexico	From 16 years old	From 18 years old
Norway	From 16 years old	From 18 years old
New-Zealand	From 16 years old	From 18 years old
Netherlands	From 16 years old	From 18 years old
United Kingdom	From 16 years old	From 18 years old
Sweden	From 16 years old	From 18 years old
Switzerland	From 16 years old	From 18 years old

 

 

3. Description of QOBUZ offers 

   

XANDRIE SA offers the Customer a Download offer of musical recordings (titles or albums) available in different sound qualities, including Real CD Quality and Hi-Res 24-bit Quality. This service is available 24 hours a day, 7 days a week. 

The offer to Download is currently unavailable in Latin American countries and in Portugal. 

QOBUZ streaming offers are paid subscription offers to online music listening service without advertisements allowing the Customer to listen to all the tracks in the music catalogue on authorized listening devices (personal computer, tablet, smartphone, connected audio device). 

The QOBUZ streaming service also allows the Customer to access the digital files on any Listening Device in Offline mode via the Import feature.  

The Offline Mode allows the Customer to listen to the tracks, albums and playlists that he/she has previously downloaded via the Import feature on any Listening Device using QOBUZ Applications. To do this, the Customer must first import the tracks, albums and playlists concerned on the desired devices and select the Offline Mode.  

The imported music can then be listened to without an active internet connection for a period of 30 days. At the end of these 30 days, it will be necessary to log in to the service again in order to reactivate the right to listen to the imported music in offline mode. 

The Import of music does not allow the imported music to be transferred or burnt onto any media of any kind.  

At the expiry of the subscription period (month or year), the Streaming and Import of music files (tracks, albums, playlists) and the Offline Mode will no longer be authorized to the Customer. 

The QOBUZ streaming service is accessible 24 hours a day, 7 days a week. 

However, due to the complexity of the Internet network, unforeseen service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot be held liable for this under any circumstances. XANDRIE SA nevertheless undertakes to inform Customers of any foreseeable interruption of its services, as far as possible, by displaying a message on its Site. 

XANDRIE SA reserves the right to make any modification or improvement to its services that it deems necessary and useful, and cannot be held responsible for any damages, of any kind, that may result from this, except for serious misconduct on its part.

Similarly, XANDRIE reserves the right to definitively interrupt a service or all the services offered on the site, without notice or compensation in the event of fraudulent or abusive behaviour by the client constituting a clear violation of the GTCs and subject to a notice period of eight (8) days in other cases, and cannot be held responsible for any damage, of any nature whatsoever, that may result from this, with the exception of deliveries of defective files. 

 

 

4. Conditions of use for QOBUZ subscription offers  

 

The QOBUZ Streaming Service will be accessible by the Customer on his/her personal computer (PC or Mac) via the Site, the QOBUZ Player, or the QOBUZ Desktop application. 

Streaming and Import on Mobile Listening Devices requires the prior download and installation of QOBUZ mobile applications on these devices. 

The use of the unlimited streaming service requires a broadband internet connection and possibly a wireless connection (Wi-Fi and mobile radiotelephony networks) for the mobile listening Devices.

The connection and communication charges relating to the use of an online sales service are not borne by XANDRIE SA in accordance with Article 5 of these GCUS. 

Access to the QOBUZ streaming service is strictly personal and cannot be used on several multiple Devices at the same time, except for DUO and FAMILY offers. 

QOBUZ grants subscribers to its streaming service a limited, non-exclusive and revocable license allowing them to listen in real time, without authorization to download, in their country of residence, to the multimedia content available on QOBUZ through their subscription offer. This use must be made in a personal and non-commercial context. Subscribers are not authorized to assign or sub-license their rights at the end of their subscription. 

The tracks and albums making up the Site’s music catalogue available for listening to subscribers are governed by contract between XANDRIE SA and the rights holders and are therefore subject to change depending on the place of residence. 

As such, XANDRIE SA can in no way guarantee the presence of a track or album by any artists or performers in the catalogue that it offers to its Customers and can in no way be held responsible for any deletion of tracks, albums or catalogue of any artist or performer on its Site. 

For further information on the conditions of use of downloads or the QOBUZ streaming service, the Customer may refer to the “help” section.

 

 

5. Prices 

 

The price of downloading musical recordings and QOBUZ subscription offers are indicated on the Site in the currency of the Customer’s country. 

The price of downloading musical recordings and QOBUZ subscription offers will include the price of the product plus any applicable VAT (in force at the date of download or of the payment). 

Our prices do not include connection and communication charges relating to the use of an online sales service, which are the exclusive responsibility of the Internet user. 

XANDRIE reserves the right to modify the prices or the present GCUS at any time. The modifications will come into effect from the moment the conditions are published on the Site; the products and services will be invoiced according to the rates in force at the time of the Client's invoice.

XANDRIE SA reserves the right to automatically adjust the prices of musical recordings downloads and QOBUZ subscription offers, in the event of inflation or additional costs imposed on XANDRIE SA (fees or management costs depending on the payment methods used by the Customer...). 

XANDRIE reserves the right to offer, trial offers and time-limited offers of its music streaming service, free of charge to all users and subscribers of the Service, with the exception of its subscribers who have subscribed for a period of one year to one of the QOBUZ subscription offers offered on the Site, with the exception of the SUBLIME+ offer, for variable durations. They can be modified by contract and apply as soon as they are signed. 

 

6. Sites’ Responsibility 

 

XANDRIE SA can in no way be held liable for technical problems inherent in the operation of the Internet network, except for willful misconduct or gross negligence on its part. A non-exhaustive list of such problems includes problems relating to speed when accessing the Site, download speeds, suspension or inaccessibility of the Services, or fraudulent use by third parties of any information contained on the Site, opening and reading Site pages, track listening speeds, or temporary or permanent inaccessibility of music tracks. 

These GCUS clearly explain the procedures for technical use of the files offered for downloading and streaming on QOBUZ. 

The Customer is notified that due to the variety of hardware standards and file encodings, all sound playback equipment may not support all formats and qualities available for download. Detailed information on hardware requirements is available on this page. 

In case of technical incompatibility of these files with the Customer’s hardware, XANDRIE SA can in no way be held responsible, and no refund can be made. In addition, the protection of the customer’s computer hardware, particularly against viruses, is in no way the responsibility of XANDRIE SA. 

The Site may contain hypertext links to third party websites.  XANDRIE SA can in no way be held responsible in the case where these third-party sites include unlawful elements. Therefore, the Customer is responsible for protecting their equipment against any form of intrusion and/or contamination by viruses, for which QOBUZ shall under no circumstances be held liable.  QOBUZ shall also not be liable for any malfunction or damage to the Customer's equipment.

More generally, XANDRIE SA shall not be liable for any failure to perform any of its obligations due to natural causes, forces or causes beyond its reasonable control, including but not limited to failures of the Internet, computers, telecommunications equipment, other equipment or power supply, strikes, labour disputes, riots, insurrections, civil unrest, shortages of labour or materials, fire, flood, storm, explosion, acts of God, war, governmental action, orders of domestic or foreign courts, inaction of third parties or fluctuations in heating, lighting or air conditioning, and generally any unavoidable and unforeseeable event that may prevent its proper performance. 

 

Finally, XANDRIE SA cannot be held responsible in case of non-compliance with the legislation of a foreign country where downloads or streaming are performed. 

 

 

7. Obligations of the customer  

 

The Customer solemnly declares that he/she is of legal age and has full legal capacity to place an order on the Site, as defined in Article 2 of these GCUS. 

The Customer declares that he/she accepts these GCUS. 

The Customer expressly undertakes to respect the conditions of use, not to infringe or attempt to infringe file protection measures and to comply with the legislation in force relating to intellectual property rights.

The Customer expressly acknowledges that any use of the music files on the Site, for any purpose whatsoever in connection with artificial intelligent technologies or services is prohibited without prior authorisation from the relevant copyright holders. The Customer expressly acknowledges that any use in this context is likely to cause prejudice to the relevant copyright holders and to infringe the moral rights of the composer.

The Customer expressly agrees not to use the Site or its Services for illegal purposes. 

The customer expressly undertakes not to make inappropriate and unfair use of his/her account to artificially increase the number of streams on a limited number of tracks (either manually or via an automated process). XANDRIE reserves the right to suspend the account of such user. 

The Customer expressly undertakes not to make any commercial or illegal use of the information, services and content provided on the Site, under penalty of criminal or civil liability. 

The Customer declares that he/she is solely responsible for the use he/she makes of the Service. XANDRIE SA can in no way be held responsible in the context of a procedure opened against one of its Customer who has made an erroneous or irregular use of its Service, or contrary to these CGUS.

Each Customer who has purchased music recordings via XANDRIE SA’s final download offer is deemed to have downloaded and saved the said recordings on his/her personal computer. XANDRIE SA can in no way be held liable for any loss of file downloaded via its Site, except such loss is attributable to XANDRIE SA’s willful misconduct or gross negligence. 

The Customer undertakes to take personal responsibility in the event of any claim or proceedings brought against XANDRIE SA that would be related to an incorrect use of the Service. 

In any event, XANDRIE SA can only be held responsible up to the extent of its obligation to provide a service in accordance with the law. In this respect, this responsibility shall be limited to the price of the order placed by the Customer. 

The QOBUZ Applications and all copies thereof remain the exclusive property of XANDRIE SA, which grants the Customer a limited, non-exclusive, revocable, personal and non-commercial license. XANDRIE SA retains ownership of all copies of the QOBUZ applications, even once installed on your Listening Devices. 

The QOBUZ Applications are protected by French law and in particular the provisions of the French Intellectual Property Code. 

As such, any deterioration, representation, reproduction, modification, deletion, commercial use, total or partial, of the various elements of the QOBUZ Applications is prohibited and exposes its author(s) to prosecution. 

These GCUS do not in any way imply authorization to represent, reproduce, modify or commercially use the various elements of the QOBUZ Applications. Any total or partial reproduction of the QOBUZ Applications and/or its elements for purposes other than their intended use is strictly prohibited: any resale, exchange, rental of files or transfer to third parties is strictly forbidden. 

The Customer has a personal and non-commercial right to use the QOBUZ Applications. With the exception of the STUDIO DUO, SUBLIME DUO, STUDIO FAMILY and SUBLIME FAMILY subscription offers, QOBUZ is only accessible from one (1) Listening Device at a time.  

Any use of the QOBUZ Applications by the Customer outside the scope of this CGUS is prohibited and exposes the Customer to civil and criminal prosecution. 

Notably, the Customer must not: 

(a) Modify or create works derived from the QOBUZ Applications or their documentation, including translation or localization; 

(b) Copy QOBUZ Applications except as provided in these GCUS; 

(c) Separate the components of QOBUZ Applications that are licensed as indivisible products; 

(d) Sub-license or allow simultaneous use of the QOBUZ Applications by more than one user; 

(e) Reverse engineer, decompile, disassemble or otherwise attempt to extract the source code from the QOBUZ Applications for any product (except to the extent that applicable legislation prohibits such a restriction); 

(f) Redistribute, sell, rent, , sublicense, use the QOBUZ Applications as part of a time-sharing solution or virtual office, or otherwise transfer the rights to any Software. 

 

XANDRIE SA finally draws the attention of the Customer to the comments that it might publish on the Site. 

The Site has interactive features that enable you to publish comments and make some of your information accessible to the public, on the Internet or on social networks. XANDRIE SA can in no way be held liable for the Customer’s choice to make some of nis/her information publicly accessible. 

The Customer is further informed that the spaces reserved for comments on the Site are moderated and that comments prohibited by law and/or by these GCUS, as well as those that violate third-party rights may be deleted permanently, without notice or compensation of any kind. To this end, it is prohibited, notably and in a non-exhaustive way, to publish comments likely to: 

a) constitute a violation of third-party intellectual property rights; in this respect, the Customer undertakes not to reproduce or communicate to the public, on the Site, elements protected by copyright, registered as a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder(s) of such property rights; 

b) contain computer viruses that may interrupt, destroy or alter the Site’s functionalities; 

c) advocate crimes or contain messages that are illegal, threatening, pedophilic, pornographic, defamatory, obscene, obscene, hateful, racist, xenophobic, revisionist or contrary to public order or morality; 

d) violate the privacy or dignity of third parties; 

e) incite violence, fanaticism, crime, suicide, hatred on grounds of religion, race, sex, sexual orientation, ethnicity or disability; 

f) harass other members; 

g) promote or encourage any criminal activity or enterprise; 

h) solicit and/or communicate passwords and/or personal information for commercial or illegal purposes; 

i) send advertising messages or unwanted mail; 

j) include advertisements and/or solicitations in order to offer products and/or services for marketing through the Site; 

k) include addresses or hypertext links to external sites, the content of which is contrary to the laws and regulations in force, infringes the rights of third parties or is contrary to these conditions.

 

 

8. Alert procedure and reporting of abuse   

 

The Customer is invited to report any fraudulent use of any information contained on the Site of which he/she becomes aware, notably any message the content of which contravenes the prohibitions set out in Article 7 of these GCUS, or more generally the laws and regulations in force. 

Similarly, any person who believes that there is a violation on the Site of a right he/she holds may report it to XANDRIE SA (in accordance with Article 6-1-5 of the law of 21 June 2004 No. 2004-575 for confidence in the digital economy) by letter with acknowledgement of receipt, specifying the following information: 

- his/her identity as notifier: in the case of a natural person: surname, first name, date of birth, nationality, domicile and profession. In the case of a legal person: its type, its corporate name, its registered office and the body that legally represents it; 

- the description of the disputed facts and their precise location on the Site; 

- the reasons why the content should be removed, including a reference to the applicable legal provisions; 

 

The notifier is informed that XANDRIE SA has the option, in accordance with the law, of removing any information or content, or making access thereto impossible as soon as it becomes aware of its clearly unlawful nature. 

 

9. Payment methods 

a.       Accepted payment methods 

Payment is made by debit card, by gift card for streaming or downloading (hereinafter, the “Card“), by Qobuz Coins or any other methods accepted by the payment providers (hereinafter, the “Payment Methods“).  

For all Payment Methods, the amount is debited upon the order or up to 24 hours afterwards. 

Customer proceeds with payment of his/her orders by communicating to XANDRIE SA, via its certified partners his/her bank details, it being understood that the transaction is secure, thanks to the service providers’ secure online payment systems, which ensures that the transaction is carried out in accordance with to banking security standards. 

Debit occurs at the time of the order or up to 24 hours later. 

It is recommended that the Customer regularly check his/her account and contact Customer Service in the event of any questions or problems. The archiving of the purchase order and invoices is carried out on a reliable and durable support that can be produced as proof. 

The payment method used to subscribe to the subscription offers will be reused when the subscription is automatically renewed, unless the user changes this payment method in the “My Account” section. This change of payment method can be made at any time.  

The trial and time-limited offers of the service that XANDRIE SA can offer may also be subject to the recording of a payment method, without these offers entailing any debit from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and time-limited offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may cancel his/her active subscription at any time. 

 

b.       Crediting your account: the wallet and Qobuz Coins 

 

i.                     Territory and terms and conditions of use 

The use of the wallet by Customers is conditional upon them having a Qobuz account and accepting these GCUS.       
The wallet may y be activated and used in the country where XANDRIE SA provides Customers with offers to Download music recordings.

Customers may then use the balance of their wallet to purchase Qobuz products, from the website or the Qobuz App, in their country of residence as specified when creating their account. 

 

 

ii.                   Crediting money into the wallet  

Customers credit their Qobuz account online, via payment by debit card or any other Payment Method made available to them. This payment may only be made on the Qobuz website.  

Each payment made by Customers credits their wallet with an amount (hereinafter, the “Balance”) determined on the basis of the applicable rate and which may be consulted on the Qobuz website, in the “FAQ” section. 

 

The wallet Balance is converted into Qobuz Coins.

 

iii.                 How to use the wallet

Customers may use the Balance to purchase products on the Qobuz Store, from the website or Qobuz App, in their country of residence as specified when creating their account. 

Products purchased using the wallet must be downloaded from the Qobuz website or Qobuz app. 

Customers may view the Balance and their purchase history by consulting the “My Wallet” section in their account. 

When purchasing products, the funds will be deducted from the amount available on Customer’s Balance. 

The Balance shall not be transferred to other Customers.           

The Balance is non-refundable and shall not be exchanged for cash or credit.  

XANDRIE SA reserves the right, at its sole discretion, to limit the maximum amount of the Balance that may be credited to Customers’ Qobuz account. 

Customers are solely responsible for any use of the Balance. 

 

iv.                 Validity period

The amount credited to the Balance via debit card or any other Payment Method is valid for a period of five (5) years from the purchase date.  

Each amount credited to the Balance shall not be used or returned after the validity period specified.

In case of cumulative amounts, the funds on the Balance shall first be deducted by the expiry date of the Qobuz Coins generated, then by the creation date of the Qobuz Coins generated. 

These GCUS concerning the wallet and the Qobuz Coins may be amended. Where applicable, XANDRIE SA undertakes to inform the Customer beforehand.

 

10. Qobuz gift cards 

 

a.       Territory for the purchase and terms and conditions of use 

The use of the Cards by Customers is conditional upon them having a Qobuz account and accepting these GCUS. 

Customers may only purchase and use the Cards in their country of residence as specified when creating their account.              

 

b.       Card Activation

The Card must be registered at the designated location on the website or on the Qobuz App.  

After activation, the Card may not be used again.    

Customers may view the activated Cards on their account in the “Gift Codes” section.   

 

 

 

c.       Use of the streaming gift cards 

The Card for streaming may only be used on the Qobuz website. 

The Card for streaming is only valid for Qobuz Studio Solo subscription offer.    

The Card for streaming may not be combined with the Customers’ current Qobuz subscription offer. 

The Card for streaming is a one-time use card: its full value will be deducted when used on Qobuz. 

 

 

 

d.       Use of the downloading gift cards

 

The Card for downloading is only valid for products available on the Qobuz Store.           

The Cards for downloading may be combined with each other. 

The Card for downloading may be used in several instalments.

 

In the event of a purchase on the Qobuz website, the funds used will first be deducted by default from the amount of the activated Cards for downloading, then from the unused Balance on the Customers’ wallet.

 

e.       Validity period 

The Card is valid for twelve (12) months from the date of purchase.  

The amount on each Card may not be used after the validity period of the activated Card.

The unused amount at the end of the validity period may not be transferred to the Balance.  

 

 

 

f.        Liability and litigation 

XANDRIE SA shall not be liable for any theft, loss or unauthorised use of the Cards.        

The Customer hereby undertakes not to use the Cards in a manner that is illegal, deceptive, dishonest or detrimental to XANDRIE SA. Where applicable, or in the event of any other breach of the Terms and Conditions, XANDRIE SA reserves the right to cancel or deactivate the Cards, suspend or terminate the Customers’ QOBUZ account or their order. 

Unless otherwise required by law, the Cards may not be exchanged for cash, returned or resold. 

In the event of a defective Card, XANDRIE SA shall provide the Customer with a replacement Card, credited with the original unused amount thereon.  

 

These GCUS concerning the Cards may be amended. Where applicable, XANDRIE SA undertakes to inform the Customer beforehand. 

 

11. Absence of right of withdrawal 

In accordance with the provisions of Article L221-28-13 of the French Consumer Code, by accepting these GCUS, the Customer expressly acknowledges and accepts that at the time of his/her purchase (i) the supply of the Download begins immediately after validation of his/her purchase and (ii) consequently acknowledges and accepts not benefiting from the right of withdrawal and the period of fourteen full days linked to online or remote selling, as provided for in the French Consumer Code. 

Consequently, no request for withdrawal, cancellation or refund will be admissible after each Download.

In the same way, by accepting these GCUS when registering, the Customer acknowledges and expressly accepts(i) that the provision of the Music Streaming Service begins immediately after the validation of his/her subscription to one of the QOBUZ streaming offers and (ii) consequently acknowledges and agrees not to benefit from the right of withdrawal and of the fourteen full days deadline related to online or remote selling, as provided for in the French Consumer Code. 

Consequently, no request for withdrawal, cancellation or refund will be admissible for the subscribed period. 

12. Account deactivation and deletion 

In the event of a clear violation of the GCUS by the Customer, XANDRIE reserves the right to delete or temporarily deactivate the Customer’s account, without notice or compensation, in particular in the event of:  

• infringement of XANDRIE SA’s interests and/or its intellectual property rights; 
• provision of incorrect information when registering with the Site; 
• bypassing or attempting to bypass the technical protection measures implemented on the Site; 
• total or partial non-payment of bills sent to the Customer. 

 

It is also possible for the Customer to have his/her account deleted. To do this, the Customer must send the request with the online contact form and XANDRIE SA will then delete the Customer’s account within a maximum of 48 hours after receipt of the said message. 

The Customer’s attention is drawn to the fact that deletion of the account will definitively and irrevocably prevent him/her from being able to find the digital files of downloads he/she has made on the Site and be able to download them again, as well as the information associated with the account and the associated purchases (playlists, albums, tracks, connection information, etc.). 

 

13. Territory  

Music files purchased on the Site and access to QOBUZ subscription offers are reserved for Customers residing in the following territories: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, United Kingdom and United States (hereinafter referred to as “the Territory”), who have a bank card issued by a banking institution established in the Territory. 

The availability of QOBUZ subscription offers depends on the country from which the subscription is made (the Customer's country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services, any Customer who has subscribed from one EU Member State will have access to the same content in the same way during temporary stays in another Member State, at no additional cost. However, QOBUZ cannot guarantee the same quality of service as that provided in the Customer's country of residence. 

 

14. Election of domicile 

The parties expressly elect, as domicile: 

• For XANDRIE SA, its registered office; 
• For the Customer, the address indicated at the time of subscribing, or any subsequent modification notified by registered letter with acknowledgement of receipt.  

 

15. Personal data 

The protection of personal data is important to XANDRIE SA: all information and data concerning the Customer required for the management of his/her orders and commercial relationships with XANDRIE SA, collected during the creation of the account, are intended for the sole use of XANDRIE SA. 

Depending on the choices he/she makes when creating his/her account, the Customer may receive offers from XANDRIE SA, by email or post. However, the Customer has the option, if he or she wishes, not to receive offers by e-mail by making a request to Customer Service. 

XANDRIE SA undertakes to respect the legislation regarding personal data of the territories listed in Article 13 and to make any necessary statement to the local protection bodies, if necessary. 

In accordance with the French Law on Information Technology and Freedom No. 78-17 of 6 January 1978, this website has been declared to the CNIL, under No. 1263952. 

In this respect, the customer has the right of access, information, modification and removal in relation to personal data concerning him/her, by sending a single e-mail or postal mail to QOBUZ. Any request must include the Customer’s surname, first name, e-mail address and identifier (user ID), must then be sent by e-mail to support@qobuz.com, or by post to: XANDRIE SA legal department, 45 rue de Delizy, 93692 Pantin CEDEX. 

The Customer also notes that, in the interest of supporting the commercial relationship with the Customer, XANDRIE SA may choose to use “cookies” in accordance with Article 17 of these GCUS. However, the Customer always has the option to deactivate the “cookies” through the options of his/her Internet browser. In this regard, it is sufficient for him/her to consult the help section of the relevant browser.
The “Protection of personal data” section of the Website indicates the data processed, the reason for and duration of the processing, the security measures implemented and the rights that the Customer has over personal data. 

 

16. Cookies 

XANDRIE SA automatically collects information about its Customers via cookies that allows it to track their browsing through the Site. 

The cookies in the files stored by the Customer’s browser on his/her hard drive serve the purpose (among others) of recording information about the Customer, or about his/her browsing on the Site. The Site can thus recognise a visitor’s habits and customise the presentation of the Site for each visitor; the “cookies” then make it possible to memorise how many articles to display on the home page or to retain the login details for a possible private area: when the visitor returns to the site, it is no longer necessary for him/her to type his/her name and password to be recognised, as these are automatically sent by the “cookie”. 

The “Legal Information” section of the Site indicates how to stop saving of cookies. 

 

 

17. Intellectual Property 

The Site and all of its editorial, graphic, photographic, audio and video content are protected under the provisions of the French Intellectual Property Code. The Site and its associated databases have also been registered with the French Agency for the Protection of Programs. (PPA). 

More generally, copyright and related rights are reserved and XANDRIE SA is the exclusive holders or concessionaire of all intellectual property elements composing the Site, such as logos, trademarks, pictures and templates, audio and video files, texts, images, technologies and know-how. 

As such, any impairment, as well as representation, reproduction, modification, deletion, commercial use, whether total or partial, of the various elements of the Site is prohibited, and exposes its author(s) to proceedings. These GCUS do not in any way grant authorization to represent, reproduce, modify or commercially use the various elements of the Site. Any total or partial reproduction of the Site and/or elements thereof for purposes other than their intended use is strictly prohibited: any resale, exchange, renting of files or their transfer to third parties is strictly prohibited. 

Similarly, the various burning or transferring options offered to the Customer in the context of offers do not in any case entail waiver by the rights holders of their rights to their files which have been included in the XANDRIE SA services. Furthermore, XANDRIE SA remains the sole holder of the right to broadcast said files, which are protected by copyright worldwide. 

The Customer hereby undertakes not to violate (modify, delete etc.) any technical measures for the protection of rights, not to block, modify, or remove any information relating to the rights regime of the products, nor to encourage or help third parties to carry out such acts. Likewise, he/she undertakes not to attempt to bypass or modify the software necessary for the use of the services. 

The Customer benefits from a right to make personal use of the service, limited to the conditions described in Article 4, in a strictly personal and non-commercial capacity. Any use of the service by the Customer that falls outside the scope of these GCUS Agreement is prohibited, and exposes the Customer to civil and criminal prosecution. 

 

18. Customer Service  

For any information, our Customer Service is at your disposal via :          
- The Qobuz FAQ            
- The online instant messaging system on the site, open from 9:30am to 12pm and from 2:30pm to 5:30pm (GMT +1)  
- The email address support-help@qobuz.com
- The online contact form           

 

19. Applicable law, litigation and mediation         

Unless otherwise specified by public policy provided for by the law of one of the territories provided for in Article 13 hereof, these GCUS are subject to French law.  

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, XANDRIE SA adheres to the e-commerce mediator service of the FEVAD (Federation of e-commerce and distance selling), whose contact details are as follows: Médiateur de la consommation FEVAD BP 20015 - 75362 PARIS CEDEX 8 - www.mediateurfevad.fr. After a prior written request from consumers to XANDRIE SA, the mediation service can be consulted in relation to any outstanding consumer dispute. You can contact the Mediation Service via the e-mail address contact@fevad.com, or via their online contact form. 

In addition, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase and forward them to the relevant national ombudsmen. The platform can be reached at following link: ec.europa.eu/consumers/odr/.

In the event of a dispute, the parties expressly elect, as address for service: 

• For XANDRIE SA, its registered office; 

• For the Customer, the address specified upon subscription, or upon any subsequent modification notified by registered letter with acknowledgement of receipt.  

 

 

20. Nullity of an article 

If any provision of these GCUS is declared invalid or unenforceable, it shall be deemed null and void.  

All other provisions will remain in force and applicable, except in cases where the contract could not remain binding between the parties without this article. 

 

 

21. Our offers
       

       21.1 QOBUZ PREMIUM 

These GCUS govern the PREMIUM paid subscription offer (hereinafter referred to as the “PREMIUM offer”) without advertising, enabling the Customer to listen to all the tracks in the Site’s music catalogue in 320 kbps (Mp3) quality on a single listening device at a time (personal computer, tablet, smartphone, connected audio device). 

To benefit from the PREMIUM offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation.         

             21.1.1     Duration 

Subscription to the PREMIUM offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE reserves the right to offer its Customers a trial or time-limited offer of its PREMIUM offer for variable durations. 

The trial period is reserved to any new subscriber and each user is entitled to one trial period only.  

The trial or time-limited offer may be subject to the recording of a payment method, without the offer entailing any deduction from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and introductory offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may cancel his/her current subscription at any time. 

These trial or time-limited offers will also be subject to the approval of these GCUS without restrictions or reservation. 

 

 

             21.1.2     Renewal 

Subscription to the PREMIUM offer shall be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 21.1.3 of these GCUS.  

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.       

 

             21.1.3     Termination 

The Customer may discontinue his/her subscription to the PREMIUM offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least 48 hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the event of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three months and no later than one month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire duration of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

 

       21.2 QOBUZ STUDIO SOLO 

These GCUS govern the STUDIO SOLO, STUDIO PREMIER or HI-FI paid subscription offers (hereinafter referred to as the “STUDIO SOLO offer”) without advertising, allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on a single listening device at a time (personal computer, tablet, smartphone, connected audio device). 

In order to benefit from the HI-FI offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation. 

              21.2.1     Duration 

Subscription to the STUDIO SOLO offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE reserves the right to offer its Customers a trial or time-limited offer of its STUDIO SOLO offer for variable durations. 

The trial period is reserved to any new subscriber and each user is entitled to one trial period only.  

The trial or time-limited offer may be subject to the recording of a payment method, without these offers entailing any deduction from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and introductory offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may cancel his/her current subscription at any time. 

These trial or time-limited offers will also be subject to the approval of these GCUS without restrictions or reservation. 

             21.2.2     Renewal 

The subscription to the STUDIO SOLO offer will be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 22.2.3 of these GCUS. 

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.  

 

             21.2.3     Termination 

The Customer may discontinue his/her subscription to the STUDIO SOLO offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least 48 hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the event of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three months and no later than one month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire duration of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store.  

 

 21.3 QOBUZ STUDIO DUO 

These GCUS apply to STUDIO DUO paid subscriptions offer (hereinafter referred to as “the STUDIO DUO offer”), without advertising, allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on three (3) listening devices at the same time (personal computer, tablet, smartphone, connected audio device). 

To benefit from the DUO offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation. 

 

             21.3.1     Description and availability of the STUDIO DUO offer  

XANDRIE SA proposes the STUDIO DUO offer, which allows customers to listen to high resolution quality tracks from the Site’s music catalogue on three (3) specific non-mobile or mobile listening devices (personal computers, tablets, smartphones, connected audio devices).  

The STUDIO DUO offer is only available on the QOBUZ website. 

Due to agreements made by XANDRIE SA with rights holders, some music files present in the catalogues of other QOBUZ subscription offers, may not be available in the STUDIO DUO offer catalogue. 

By signing up for the STUDIO DUO offer, Customers who have another subscription offer would then lose the benefit of said content on all other accounts, including the one held as part of their individual subscription. 

XANDRIE SA reserves the right to terminate, modify or suspend the STUDIO DUO offer, in whole or in part, at any time. Thereafter, XANDRIE SA will no longer be required to maintain the STUDIO DUO offer or to authorize any attempt to subscribe to this offer.  

 

             21.3.2   Conditions of access to the STUDIO DUO offer 

The primary subscriber may add one (1) secondary subscriber from among the members of the same family, residing at the same address.          
Accounts for minors under 16 years of age must be created by the Customer who has parental authority. 

XANDRIE SA reserves the right to verify the compliance with this condition by monitoring the users’ IP addresses and to request further confirmation as to the personal address of DUO offer subscribers to confirm that the eligibility criteria are met. 

Under the DUO offer, the main subscriber is responsible for the compliance with these GCUS by secondary subscribers.  

XANDRIE SA reserves the right to terminate or suspend access immediately and at any time to the main and secondary accounts of the DUO offer, in the event of non-compliance with the eligibility criteria and non-compliance with these GCUS.  

 

             21.3.3   Terms and Conditions of use of the STUDIO DUO offer 

The STUDIO DUO offer allows the holder of an account authenticated as a primary account to invite one (1) secondary subscriber. Each of them will have an individual account with individual access to the musical content offered by QOBUZ. 

Within the framework of the STUDIO DUO subscription, there can be no more than three (3) devices associated with each sub-account: two (2) mobile devices, in addition to access by computer.  

The STUDIO DUO offer allows users to listen to music online on up to two (2) simultaneously used devices per STUDIO DUO subscription. 

No account or subscription sharing is accepted or permitted as set out in these GCUS. The STUDIO DUO offer is exclusively intended for subscribers residing at the same address. 

XANDRIE SA reserves the right to do everything reasonably possible to prevent misuse of the STUDIO DUO offer, particularly with respect to adding secondary subscribers who do not reside at the same address as the main account holder.  

If, before subscribing to the STUDIO DUO offer, the Customer had already subscribed to another QOBUZ subscription offer, the Customer agrees by these CGUS to waive reimbursement of said offer.           


             21.3.4     Duration 

Subscription to the STUDIO DUO offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE SA reserves the right to propose to its Customers a trial or an introductory offer for the STUDIO DUO offer, for variable terms. 

The trial period is reserved to any new subscriber and each user is entitled to one (1) trial period only.   

The trial or introductory offer may be subject to the recording of a payment method, without these offers entailing any charging to the Customer during the period specified in the offer. At the end of these offers, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and introductory offer. During the term of these trial and introductory offers of the QOBUZ streaming service, the Customer may cancel his/her current subscription at any time. 

These trial or introductory offers will also be subject to the approval of these GCUS without restriction or reservation. 

 

             21.3.5     Renewal 

Subscription to the STUDIO DUO offer shall be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 21.3.6 of these GCUS.  

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.         

             21.3.6     Termination 

The Customer may discontinue his/her subscription to the STUDIO DUO offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least forty-eight (48) hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the context of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three (3) months and not later than one (1) month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire term of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

 

       21.4 QOBUZ STUDIO FAMILY 

These GCUS apply to STUDIO FAMILY paid subscription offer (hereinafter referred to as “the STUDIO FAMILY offer”), without advertising, allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on three (3) listening devices at the same time (personal computer, tablet, smartphone, connected audio device). 

To benefit from the STUDIO FAMILY offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation.
 

             21.4.1     Description and availability of STUDIO FAMILY offer 

QOBUZ proposes STUDIO FAMILY offer allowing the customer to listen to high resolution quality tracks from the Site’s music catalogue on three (3) specific non-mobile or mobile listening devices (personal computers, tablets, smartphones, connected audio devices).  

Subscription to the STUDIO FAMILY offer is only accessible on the QOBUZ site (not available via applications). 

Due to agreements made by XANDRIE SA with rights holders, some music files present in the catalogues of other QOBUZ subscription offers, may be unavailable in the catalogue of STUDIO FAMILY offer. 

The primary subscriber of another subscription offer, subscribing to the STUDIO FAMILY offer, would then lose the benefit of said content on all other accounts, including the one held as part of his/her individual subscription. 

XANDRIE SA reserves the right to terminate, modify or suspend the STUDIO FAMILY offer, in whole or in part, at any time. Thereafter, XANDRIE SA will no longer be obliged to maintain the STUDIO FAMILY offer or to authorize any attempt to subscribe to this offer.            

 

             21.4.2     Conditions of access to the STUDIO FAMILY offer 

The STUDIO FAMILY offer are only intended for members of the same family, residing at the same address. The Customer holding the primary account may add up to five (5) secondary subscribers. Accounts for minors under 16 years of age must be created by the Customer who has parental authority. 

XANDRIE SA reserves the right to verify the compliance with this condition by monitoring the users’ IP addresses and to request further confirmation of your personal address to confirm that the eligibility criteria are met. 

Within the framework of the STUDIO FAMILY offer, the primary subscriber is responsible for the compliance with these GCUS by secondary subscribers. The primary subscriber and account holder must exercise parental authority. XANDRIE SA reserves the right to verify and request the supporting documents (family record book) that confirm that the main subscriber is the holder of parental authority. 

XANDRIE SA reserves the right to terminate or suspend access immediately and at any time to the main and secondary accounts of the STUDIO FAMILY offer, in event of non-compliance with the eligibility criteria and non-compliance with these GCUS.     

 

             21.4.3     Conditions of use of STUDIO FAMILY offer 

The STUDIO FAMILY offer allows the holder of an account authenticated as the main family account to invite up to five (5) people. Each family member will have an individual account with individual access to the musical content offered by QOBUZ.

Within the framework of the STUDIO FAMILY offer, there can be no more than three (3) devices associated with each sub-account: two mobile devices, in addition to access by computer. 

The STUDIO FAMILY offer allows you to listen to music online on up to six (6) simultaneously used devices per family. 

No account or subscription sharing is accepted or permitted as set out in these GCUS. The STUDIO FAMILY offer is exclusively intended for family members residing at the same address. 

XANDRIE SA reserves the right to do everything reasonably possible to prevent misuse of this service, including adding secondary subscribers who are not part of the same household and family as the primary subscriber. 

If, before subscribing to the STUDIO FAMILY offer, the Customer had already subscribed to another QOBUZ subscription offer, the Customer hereby agrees to waive reimbursement of said offer.           

 

             21.4.4     Duration 

Subscription to the STUDIO FAMILY offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE reserves the right to offer its Customers a trial or time-limited offer to the STUDIO FAMILY offer for variable durations. 

The trial period is reserved to any new subscriber and each user is entitled to one trial period only.  

The trial or time-limited offer may be subject to the recording of a payment method, without these offers entailing any deduction from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and time-limited offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may discontinue his/her active subscription at any time. 

These trial or time-limited offers will also be subject to the approval of these GCUS without restrictions or reservation.  

 

             21.4.5     Renewal 

The subscription to the STUDIO FAMILY offer will be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 21.4.6 of these GCUS.  

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.  

             21.4.6     Termination 

The Customer may discontinue his/her subscription to the STUDIO FAMILY offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least 48 hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the context of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three months and not later than one month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire duration of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

 

       21.5 QOBUZ SUBLIME SOLO 

These GCUS govern the SUBLIME HI-FI, STUDIO SUBLIME or SUBLIME SOLO paid subscription offers (hereinafter referred as the “SUBLIME SOLO offer”) without advertising, allowing the Customer to access:

 

• the QOBUZ streaming service without advertising allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on a single listening device at a time (personal computer, tablet, smartphone, connected audio device); 

•  the true CD Quality and Hi-Res 24-bit albums via download at a preferential fee under the conditions set out in the QOBUZ Download GCUS. 

To benefit from the SUBLIME SOLO offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation. 

              21.5.1     Duration 

Subscription to the SUBLIME SOLO offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE reserves the right to offer its Customers a trial or time-limited offer of its SUBLIME SOLO offer for variable durations. 

The trial period is reserved to any new subscriber and each user is entitled to one trial period only.  

The trial or time-limited offer may be subject to the recording of a payment method, without these offers entailing any deduction from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and introductory offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may cancel his/her current subscription at any time. 

These trial or time-limited offers will also be subject to the approval of these GCUS without restrictions or reservation. 

 
             21.5.2     Renewal 

The subscription to the SUBLIME SOLO offer will be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 22.5.3 of these GCUS. 

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.  

             21.5.3     Termination 

The Customer may discontinue his/her subscription to the SUBLIME SOLO offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least 48 hours before the end of the period.   

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the event of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three months and no later than one month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire duration of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

 

 21.6 QOBUZ SUBLIME DUO 

These GCUS apply to SUBLIME DUO paid subscription offer (hereinafter referred to as “the SUBLIME DUO offer”), without advertising, allowing the Customer to access:

• the QOBUZ streaming service without advertising allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on a single listening device at a time (personal computer, tablet, smartphone, connected audio device); 

•  the true CD Quality and Hi-Res 24-bit albums via download at a preferential fee under the conditions set out in the QOBUZ Download GCUS. 

To benefit from the SUBLIME DUO offer, any Customer of the Site must have previously consulted and accepted these GCUS without restriction or reservation. 

 

             21.6.1     Description and availability of the SUBLIME DUO offer  

XANDRIE SA proposes the SUBLIME DUO offer, which allows customers to listen to high resolution quality tracks from the Site’s music catalogue on three (3) specific non-mobile or mobile listening devices (personal computers, tablets, smartphones, connected audio devices).  

The SUBLIME DUO offer is only available on the QOBUZ website. 

Due to agreements made by XANDRIE SA with rights holders, some music files present in the catalogues of other QOBUZ subscription offers, may not be available in the SUBLIME DUO offer catalogue. 

By signing up for the SUBLIME DUO offer, Customers who have another subscription offer would then lose the benefit of said content on all other accounts, including the one held as part of their individual subscription. 

XANDRIE SA reserves the right to terminate, modify or suspend the SUBLIME DUO offer, in whole or in part, at any time. Thereafter, XANDRIE SA will no longer be required to maintain the SUBLIME DUO offer or to authorize any attempt to subscribe to this offer.  

 

             21.6.2   Conditions of access to the SUBLIME DUO offer 

The primary subscriber may add one (1) secondary subscriber from among the members of the same family, residing at the same address.          
Accounts for minors under 16 years of age must be created by the Customer who has parental authority. 

XANDRIE SA reserves the right to verify the compliance with this condition by monitoring the users’ IP addresses and to request further confirmation as to the personal address of SUBLIME DUO offer subscribers to confirm that the eligibility criteria are met. 

Under the SUBLIME DUO offer, the main subscriber is responsible for the compliance with these GCUS by secondary subscribers.  

XANDRIE SA reserves the right to terminate or suspend access immediately and at any time to the main and secondary accounts of the SUBLIME DUO offer, in the event of non-compliance with the eligibility criteria and non-compliance with these GCUS.     

 

             21.6.3   Conditions of use of the SUBLIME DUO offer 

The SUBLIME DUO offer allows the holder of an account authenticated as a primary account to invite one (1) secondary subscriber. Each of them will have an individual account with individual access to the musical content offered by QOBUZ. 

Within the framework of the SUBLIME DUO offer, there can be no more than three (3) devices associated with each sub-account: two (2) mobile devices, in addition to access by computer.  

The SUBLIME DUO offer allows users to listen to music online on up to two (2) simultaneously used devices per SUBLIME DUO offer. 

No account or subscription sharing is accepted or permitted as set out in these GCUS. The SUBLIME DUO offer is exclusively intended for subscribers residing at the same address. 

XANDRIE SA reserves the right to do everything reasonably possible to prevent misuse of the SUBLIME DUO offer, particularly with respect to adding secondary subscribers who do not reside at the same address as the main account holder.  

If, before subscribing to the SUBLIME DUO offer, the Customer had already subscribed to another QOBUZ subscription offer, the Customer agrees by these CGUS to waive reimbursement of said offer.           

 

             21.6.4     Duration 

Subscription to the SUBLIME DUO offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE SA reserves the right to propose to its Customers a trial or an introductory offer for the SUBLIME DUO offer, for variable terms. 

The trial period is reserved to any new subscriber and each user is entitled to one (1) trial period only.   

The trial or introductory offer may be subject to the recording of a payment method, without these offers entailing any charging to the Customer during the period specified in the offer. At the end of these offers, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and introductory offer. During the term of these trial and introductory offers of the QOBUZ streaming service, the Customer may cancel his/her current subscription at any time. 

These trial or introductory offers will also be subject to the approval of these GCUS without restriction or reservation. 

 

             21.6.5     Renewal 

Subscription to the SUBLIME DUO offer shall be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 21.6.6 of these GCUS.  

The payment method used at the time of the initial subscription will then be used again, unless the Customer has previously modified it in the “My Account” section.         

             21.6.6     Termination 

The Customer may discontinue his/her subscription to the SUBLIME DUO offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least forty-eight (48) hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the context of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three (3) months and not later than one (1) month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire term of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

       21.7 QOBUZ SUBLIME FAMILY 

These GCUS apply to SUBLIME FAMILY paid subscription offer (hereinafter referred to as “the SUBLIME FAMILY offer”), without advertising, allowing the Customer to access:

• the QOBUZ streaming service without advertising allowing the Customer to listen to all the tracks in the Site’s music catalogue in true CD quality and on Hi-Res 24-bit quality (up to 192 kHz), on a single listening device at a time (personal computer, tablet, smartphone, connected audio device); 

•  the true CD Quality and Hi-Res 24-bit Albums via download at a preferential fee under the conditions set out in the QOBUZ Download GCUS. 

 
21.7.1     Description and availability of SUBLIME FAMILY offer 

QOBUZ proposes SUBLIME FAMILY offer allowing the customer to listen to high resolution quality tracks from the Site’s music catalogue on three (3) specific non-mobile or mobile listening devices (personal computers, tablets, smartphones, connected audio devices).  

Subscription to the SUBLIME FAMILY offer is only accessible on the QOBUZ site (not available via applications). 

Due to agreements made by XANDRIE SA with rights holders, some music files present in the catalogues of other QOBUZ subscription offers, may be unavailable in the catalogue of SUBLIME FAMILY offer. 

The primary subscriber of another subscription offer, subscribing to the SUBLIME FAMILY offer, would then lose the benefit of said content on all other accounts, including the one held as part of his/her individual subscription. 

XANDRIE SA reserves the right to terminate, modify or suspend the SUBLIME FAMILY offer, in whole or in part, at any time. Thereafter, XANDRIE SA will no longer be obliged to maintain the SUBLIME FAMILY offer or to authorize any attempt to subscribe to this offer.          

 

             21.7.2     Conditions of access to the SUBLIME FAMILY offer 

The SUBLIME FAMILY offer are only intended for members of the same family, residing at the same address. The Customer holding the primary account may add up to five (5) secondary subscribers. Accounts for minors under 16 years of age must be created by the Customer who has parental authority. 

XANDRIE SA reserves the right to verify the compliance with this condition by monitoring the users’ IP addresses and to request further confirmation of your personal address to confirm that the eligibility criteria are met. 

Within the framework of the SUBLIME FAMILY offer, the primary subscriber is responsible for the compliance with these GCUS by secondary subscribers. The primary subscriber and account holder must exercise parental authority. XANDRIE SA reserves the right to verify and request the supporting documents (family record book) that confirm that the main subscriber is the holder of parental authority. 

XANDRIE SA reserves the right to terminate or suspend access immediately and at any time to the main and secondary accounts of the SUBLIME FAMILY offer, in event of non-compliance with the eligibility criteria and non-compliance with these GCUS.     

 

             21.7.3     Conditions of use of SUBLIME FAMILY offer 

The SUBLIME FAMILY offer allows the holder of an account authenticated as the main family account to invite up to five (5) people. Each family member will have an individual account with individual access to the musical content offered by QOBUZ.

Within the framework of the SUBLIME FAMILY offer, there can be no more than three (3) devices associated with each sub-account: two mobile devices, in addition to access by computer. 

The SUBLIME FAMILY offer allows you to listen to music online on up to six (6) simultaneously used devices per family. 

No account or subscription sharing is accepted or permitted as set out in these GCUS. The SUBLIME FAMILY offer is exclusively intended for family members residing at the same address. 

XANDRIE SA reserves the right to do everything reasonably possible to prevent misuse of this service, including adding secondary subscribers who are not part of the same household and family as the primary subscriber. 

If, before subscribing to the SUBLIME FAMILY offer, the Customer had already subscribed to another QOBUZ subscription offer, the Customer hereby agrees to waive reimbursement of said offer. 

 

             21.7.4     Duration 

Subscription to the SUBLIME FAMILY offer is proposed by XANDRIE SA for a period of one month or one year. 

XANDRIE reserves the right to offer its Customers a trial or time-limited offer to the SUBLIME FAMILY offer for variable durations. 

The trial period is reserved to any new subscriber and each user is entitled to one trial period only.  

The trial or time-limited offer may be subject to the recording of a payment method, without these offers entailing any deduction from the Customer during the period specified in the offer. At the end of these, the payment method filled in by the Customer will be reused for the automatic renewal of the Customer’s subscription at the subscription offer rate in force at the time of subscription to the trial and time-limited offer. During the duration of these trial and time-limited offers of the QOBUZ streaming service, the Customer may discontinue his/her active subscription at any time. 

These trial or time-limited offers will also be subject to the approval of these GCUS without restrictions or reservation. 

 

             21.7.5     Renewal 

The subscription to the SUBLIME FAMILY offer will be automatically renewed at the end of each subscription period, unless the Customer terminates it in accordance with Article 21.7.6 of these GCUS.  

The payment method used at the time of the initial subscription will then be used again unless the Customer has previously modified it in the “My Account” section.  

 

             21.7.6     Termination 

The Customer may discontinue his/her subscription to the SUBLIME FAMILY offer to which he/she has subscribed by going to the “My Account” section. 

Receipt and acceptance of the cancellation will be confirmed to the Customer by e-mail, but will only take effect at the end of the current subscription period, provided that the notification thereof has been sent at least 48 hours before the end of the period. 

If the cancellation period is not respected, the subscription will be automatically renewed. 

In the context of annual subscription, XANDRIE SA undertakes to inform the Customer, no earlier than three months and not later than one month before the offer renewal date, of his/her option not to renew the QOBUZ streaming subscription to which he/she initially subscribed. 

Unless the account is permanently cancelled, any subscription remains valid for the entire duration of the offer subscribed to or offered (monthly or annually), even if the Customer cancels his/her subscription before the end of this period. 

If the Customer has taken out a trial period or Subscription, paying through a third-party application store, termination of the contract or Subscription must be made through the application store. 

 

       21.8 QOBUZ DOWNLOAD   
              

             21.8.1   Description of the download offer           

XANDRIE SA offers the Customer a Download offer of musical recordings (tracks or albums) available in different audio qualities, including Real CD Quality and Hi-Res 24-bit Quality. This service is available 24 hours a day, 7 days a week. 

Nevertheless, due to the complexity of the Internet network, unforeseen service interruptions may occur (problems due to the Internet service provider, external maintenance, etc.) and XANDRIE SA cannot under any circumstances be held liable in such cases, unless such circumstance is due to the willful misconduct or gross negligence of XANDRIE SA. XANDRIE SA nevertheless undertakes to inform its Customers, as far as possible, of any foreseeable interruption of its services, by displaying a message on its Site. 

XANDRIE reserves the right to make any modification or improvement to its services that it deems necessary and useful, and will not be held responsible for any damages, of any kind, that may result from this, unless such circumstance is due to the willful misconduct or gross negligence of XANDRIE SA. 

Similarly, XANDRIE reserves the right to permanently stop an offer or all services offered on the Site, without notice or compensation, and cannot be held liable for any damages of any kind that may result from this, with the exception of deliveries of defective files. 

The Download offer is not currently available in Latin American countries and in Portugal. 

 

             21.8.2     Conditions of access to the download offer 

To be able to benefit from the Services, the Customer must create an account. To do so, the Customer simply clicks on the “My Account” button, which is available on the Site’s home page. The Customer then follows the instructions given by the Site. 

The Customer is asked to choose an ID (login name) and a password. This information is strictly confidential, and the customer is invited to exercise the greatest caution in keeping them. The Customer remains solely responsible for the consequences of the use of his/her account, until it is deactivated. 

Any account created is personal, named and unique. The Customer can only create one account at a time and all information attached to the account (downloads, etc.) will be deleted irrevocably and permanently when the account is closed. 

In order to meet the legal obligations relating to billing, the Customer will be asked to provide a certain amount of personal information (title, surname, first name, e-mail address, postal code, etc.). 

The customer agrees to provide accurate and truthful information, and to inform XANDRIE SA of any changes in this regard. If it transpires that the Customer has provided inaccurate information with fraudulent intent, XANDRIE SA reserves the right to permanently close his/her account, and to bring civil and criminal proceedings where appropriate. 

Upon providing the requested information, the Customer ticks a checkbox, “I confirm that I have read and accepted the GCUS of the qobuz.com website”. As soon as this field is validated, the Customer is deemed to have read and accepted these GCUS and may therefore be held liable for the non-performance of the various obligations resulting therefrom. 

 

             21.8.3     Conditions of use of the download offer 

In accordance with Article 17 of these GCUS, all files offered via the download offer or via the Service are protected by copyright.  

They can therefore only be used strictly in a private and free capacity, in complete respect of the conditions defined by XANDRIE SA.

In this respect, in accordance with the legislation in force, it is strictly forbidden for the Customer to attempt to bypass, remove or impair the technical measures implemented to protect the works or any device with an equivalent purpose, with a view to using the music files for purposes not authorised by these GCUS, under penalty of incurring liability under Article L. 335-4-1 of the French Intellectual Property Code. 

The playing, transfer and burning of downloaded music files are free and unlimited, and subject to strictly private use. 

For further information on how to use downloads or the QOBUZ streaming service, the Customer may refer to the “help, FAQ” section.   

 

             21.8.4     Orders and payment methods 

The history of transactions between the Service and the Customer can be consulted at any time on the Site in the “My Account” section, download history. 

We recommend that you regularly check your account and contact the Customer Service in the event of any questions or problems. 

The price of downloading musical recordings and QOBUZ subscription offers are indicated on the Site in the currency of the Customer’s country. The price will include the price of the product plus any applicable VAT (in force on the download date). 

Our prices do not include connection and communication charges relating to the use of an online sales service, which are the exclusive responsibility of the Internet user. 

XANDRIE reserves the right to modify the prices or these general conditions of use and sale at any time; products and services will be billed according to the rates in effect at the time of registration of the Customer’s order. XANDRIE SA reserves the right to automatically adjust the prices of musical recordings downloads, in the event of inflation or additional costs imposed on XANDRIE SA (fees or management costs depending on the payment methods used by the Customer...). 

The conditions of use (downloading, number of copies authorized to be burnt, number of transfer possible, etc.) are governed contractually between XANDRIE SA and the entitled parties. They are mandatory and are specified to the Customer at the time of use. They can be modified by contract and apply as soon as they are signed. 

The purchase order and invoices are archived on a reliable and durable medium that can be produced for the purpose of proof. 

Regarding the download offer, the Customer’s banking information (card number, account reference) is not kept by XANDRIE SA.     

XANDRIE SA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute (unpaid, etc.).