Terms of sale
ASBA GENERAL TERMS AND CONDITIONS OF SALE
Version 2.0 – Effective August 1, 2026
Preamble
Since 1927, ASBA has been designing and manufacturing musical instruments in France, built to accompany musicians for a lifetime.
Every drum kit and snare drum is handcrafted to order in our workshop in Lyon. The careful selection of wood species, materials, components and finishes, together with the attention devoted to every stage of the manufacturing process, are an integral part of ASBA’s identity.
As each instrument is built for a specific musician, these General Terms and Conditions of Sale are intended to govern this relationship of trust while defining the rights and obligations of both parties.
Article 1 – Purpose
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) define the rights and obligations of ASBA, a French limited liability company (SARL) with variable capital of €156,500, registered with the Lyon Trade and Companies Register under number 981 984 289, whose registered office is located at 38 Rue Chalopin, 69007 Lyon, France, and its customers.
These Terms apply to all orders for custom-made acoustic drum kits, snare drums and other handcrafted instruments manufactured and sold by ASBA.
Placing an order constitutes full, unconditional and irrevocable acceptance of these Terms.
Article 2 – ASBA Instruments
ASBA drum kits and snare drums are handcrafted in the company’s workshops in France.
Each instrument is built according to the specifications approved by the Customer, including but not limited to:
- dimensions; - the selected material (wood species, steel, stainless steel, titanium, acrylic or any other material offered by ASBA); - finish; - hoops; - hardware; - selected options.
Photographs, illustrations, videos, digital renderings, colour samples and other visual materials provided by ASBA are intended solely for illustrative purposes and shall not be considered contractually binding.
Article 3 – Handcrafted Nature of the Instruments
Every ASBA instrument is unique.
Wood is a natural, living material whose appearance and characteristics evolve over time.
As a result, grain patterns, knots, colour variations, texture differences, weight fluctuations and natural tonal variations form part of the instrument’s identity and shall not be considered manufacturing defects.
Likewise, slight differences between a sample, photograph, digital rendering and the delivered instrument are inherent to handcrafted production.
These characteristics contribute to the uniqueness and authenticity of every ASBA instrument.
Article 4 – Quotations and Orders
Quotations issued by ASBA remain valid for 30 days from their date of issue.
An order becomes final and binding upon:
- receipt of the required deposit.
Payment of the deposit constitutes acceptance of these General Terms and Conditions of Sale.
The deposit enables ASBA to:
- reserve a production slot; - schedule the manufacturing process; - procure the materials and components required for production.
Once the deposit has been received, the order is deemed final.
Any request to modify an order shall remain subject to ASBA’s prior written approval and may only be accepted if the stage of production allows such modification.
Article 5 – Prices
All prices are expressed in euros (€).
Prices are stated either exclusive or inclusive of VAT, depending on the Customer’s status and the applicable tax regulations.
Shipping costs are not included unless expressly stated otherwise.
Delivery charges are calculated according to the destination and are specified separately in the quotation.
ASBA reserves the right to amend its price list at any time.
However, confirmed orders shall be invoiced at the prices accepted by the Customer at the time the order is validated.
Article 6 – Payment
Unless otherwise specified in the quotation, a deposit equal to 40% of the total amount (including VAT) is required upon placing the order.
The remaining balance must be paid in full before the instrument is shipped or collected by the Customer.
Payments may be made by:
- bank transfer; - credit or debit card; - cheque; - cash, within the limits permitted by applicable law.
No instrument shall leave the workshop until full payment has been received.
In the event of late payment, ASBA reserves the right to suspend the execution of any ongoing order.
For business customers, any overdue amount shall automatically accrue late payment interest at the legal rate in force, together with the fixed recovery fee provided for under Article L.441-10 of the French Commercial Code.
Article 7 – Manufacturing
All ASBA instruments are handcrafted exclusively to order.
Upon receipt of the deposit, the order is scheduled for production and the procurement of the necessary materials and components begins.
As each instrument is handcrafted, manufacturing times may vary.
Any production lead times communicated by ASBA are provided for information purposes only and represent an estimate based on the workshop’s production schedule at the time the order is placed.
Lead times may be extended due to, but not limited to:
- delays in the supply of certain components; - high production workload; - technical contingencies; - events of Force Majeure.
ASBA undertakes to inform the Customer as soon as reasonably possible of any significant delay affecting the estimated delivery schedule.
Article 8 – Availability of Materials
ASBA carefully selects all wood species, finishes and components used in the manufacture of its instruments.
Should a material, component or finish become exceptionally unavailable for reasons beyond ASBA’s control, the Customer will be informed as soon as reasonably possible.
ASBA may propose an equivalent alternative that preserves the instrument’s essential characteristics and quality.
No substitution shall be made without the Customer’s prior approval.
Article 9 – Technical Improvements
In its commitment to continuously improving the quality and durability of its instruments, ASBA may implement technical improvements or update certain components during production.
Provided that such modifications do not affect the instrument’s essential specifications, performance, appearance or overall quality, they shall not be regarded as a modification of the original order.
Any replacement component shall be of equivalent or superior quality to the one originally specified.
Article 10 – Delivery
Collection of completed instruments directly from the ASBA workshop is free of charge.
Where the Customer requests delivery, shipment shall be arranged to the address provided at the time of the order.
Shipping costs are calculated according to the destination and are specified separately in the quotation.
In accordance with applicable consumer protection laws, where the Customer is acting as a consumer, the risk of loss or damage passes to the Customer, or to any third party designated by the Customer, only upon physical receipt of the instrument.
Upon delivery, the Customer is requested to inspect both the packaging and the instrument without delay.
Any visible damage, missing items or apparent defects must be reported immediately to both the carrier and ASBA in order to facilitate the handling of the claim.
Article 11 – Right of Withdrawal and Order Cancellation
Drum kits, snare drums and any instruments manufactured according to the Customer’s specifications constitute personalised goods within the meaning of Article L221-28 of the French Consumer Code.
Accordingly, such products are not subject to the statutory right of withdrawal.
Once the order has been confirmed and the deposit received, the order may not be cancelled by the Customer.
The deposit shall remain the property of ASBA in order to compensate for costs incurred in connection with order preparation, procurement of materials, production scheduling and the reservation of manufacturing capacity, without prejudice to any additional damages ASBA may be entitled to claim.
Article 12 – Retention of Title
All products supplied by ASBA shall remain the exclusive property of ASBA until full payment of the purchase price, including any ancillary costs, has been received.
Ownership of the goods shall transfer to the Customer only upon full settlement of all amounts due.
However, the transfer of risk shall occur in accordance with the provisions set out in Article 10 of these Terms.
Article 13 – ASBA Commercial Warranty
ASBA provides a Lifetime Limited Warranty on the shells of its instruments to the original purchaser only.
This warranty is personal, non-transferable and shall automatically terminate upon resale or transfer of ownership of the instrument.
The warranty covers manufacturing defects affecting the drum shells that are acknowledged as such by ASBA.
The warranty does not cover:
- consumable items, including drumheads, snare wires and snare cords; - normal wear and tear; - routine adjustments or tuning; - damage resulting from impact, accidental drops or misuse; - damage occurring during transportation after delivery; - modifications or repairs carried out by third parties without ASBA’s prior written approval; - damage resulting from improper use or neglect; - damage caused by unsuitable storage conditions, including excessive humidity, extreme temperatures or prolonged exposure to direct sunlight.
This commercial warranty is provided in addition to, and does not replace, any statutory rights granted to the Customer under applicable law.
Article 14 – Statutory Warranties
In addition to the commercial warranty provided by ASBA, consumers benefit from all statutory warranties applicable under French law, including the legal warranty of conformity and the warranty against hidden defects.
These statutory warranties shall apply under the conditions and within the limits provided by the applicable legislation.
Article 15 – After-Sales Service
Any request relating to warranty service or after-sales support must be submitted to ASBA before returning the instrument.
No return shall be accepted without ASBA’s prior written authorisation.
Where a defect is acknowledged by ASBA as being covered by either the commercial warranty or a statutory warranty, the cost of transportation to and from the workshop shall be borne by ASBA.
In all other cases, transportation costs shall remain the responsibility of the Customer.
Any repair or replacement carried out under warranty shall not extend the duration of the applicable statutory warranties or the ASBA Commercial Warranty.
Article 16 – Instrument Setup
Every ASBA instrument undergoes a comprehensive quality inspection before leaving the workshop.
Each instrument is carefully checked, adjusted and tuned by the ASBA team.
The Customer acknowledges that variations in temperature, humidity, transportation and storage conditions may affect the tuning of drumheads, snare wires, hoops and other mechanical components.
Retuning or making minor adjustments after delivery is considered part of the normal use of a musical instrument and shall not be regarded as a manufacturing defect.
Article 17 – Wraps and Finishes
Wrap finishes, lacquered, oiled or waxed finishes, as well as certain decorative materials, may naturally evolve over time.
Prolonged exposure to ultraviolet light, excessive heat, significant humidity variations or unsuitable storage conditions may result in aesthetic changes beyond ASBA’s control.
In particular, lifting, shrinkage, deformation or deterioration of wrap finishes caused by such conditions shall not engage ASBA’s liability.
Article 18 – Inspection Upon Delivery
The Customer is invited to inspect the instrument immediately upon receipt.
Any visible defect, apparent non-conformity or shipping damage must be reported to ASBA in writing within fourteen (14) calendar days following delivery.
After this period, and without prejudice to the applicable statutory warranties and the ASBA Commercial Warranty, the instrument shall be deemed to conform to the order with regard to its visible characteristics.
Article 19 – Communication
Unless the Customer expressly objects in writing before production begins, ASBA reserves the right to photograph completed instruments.
These photographs may be used freely by ASBA for communication and promotional purposes, including but not limited to:
- website; - social media; - catalogues; - brochures; - trade shows; - press releases.
No personal information identifying the Customer shall be disclosed without prior consent.
Article 20 – Storage of Completed Instruments
The Customer shall be notified as soon as the instrument is ready for collection or shipment.
At that time, the outstanding balance becomes immediately due and payable.
From the date of notification, the Customer shall have thirty (30) calendar days to settle the remaining balance and arrange collection or delivery.
After this period, ASBA reserves the right to charge reasonable storage fees corresponding to the costs of storage and insurance.
Should the Customer fail to collect the instrument despite repeated reminders, ASBA reserves the right to take any legal action necessary to recover the outstanding amounts and release its storage facilities.
Article 21 – Force Majeure
ASBA shall not be held liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.
Such events include, but are not limited to:
- natural disasters; - fire; - flooding; - pandemics; - labour disputes; - major supplier failure; - exceptional shortages of raw materials or components; - governmental or administrative decisions; - any event temporarily preventing the normal continuation of manufacturing activities.
ASBA’s obligations shall be suspended for the duration of the Force Majeure event.
Article 22 – Personal Data
Personal data collected in connection with an order shall be used exclusively for:
- quotation and order management; - manufacturing; - delivery; - after-sales service; - accounting and legal obligations.
ASBA undertakes to process such data in accordance with the General Data Protection Regulation (GDPR) and shall never sell or disclose personal data to third parties for marketing purposes.
Customers have the right to access, rectify, erase, restrict or object to the processing of their personal data, as well as the right to data portability, by contacting ASBA.
Article 23 – Consumer Mediation
In the event of a dispute, the Customer is invited to contact ASBA first in order to seek an amicable resolution.
In accordance with French consumer protection legislation, consumers may also refer the dispute free of charge to an approved consumer mediation body.
The contact details of ASBA’s appointed consumer mediator will be published on the ASBA website and incorporated into these Terms once such appointment has been made.
Article 24 – Governing Law and Jurisdiction
These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of France.
The parties undertake to seek an amicable settlement of any dispute arising from the interpretation or performance of these Terms.
Failing such settlement:
- disputes involving consumers shall be submitted to the courts having jurisdiction under the applicable legal provisions; - disputes involving business customers shall fall within the exclusive jurisdiction of the courts of the Lyon Court of Appeal, notwithstanding multiple defendants or third-party proceedings.