General terms and conditions
ONLINE SALES LES EDITIONS PRUNELLES Société par actions simplifiée Au capital de 10.000,00 euros
42 avenue de l’Europe 81600 Gaillac RCS Albi 848 702 635
Terms and conditions for online sale made towards consumers customers or non-professional customers
SELLER : LES EDTIONS PRUNELLES under the sign LES LIVRES PRUNELLES or BOOK PRUNELLES
PRODUCTS: all the goods put on sale by the SELLER as part of his professional activity and more specifically:
– books or literary works presented in digital form;
– All products accessories to books or literary works published by the seller.
CATALOG, PROSPECTUS AND SELLER RATES: all the SELLER’s paper or electronic documents detailing the PRODUCTS offered for sale and the main characteristics of the sales conditions.
CUSTOMER: any person who acts for purposes that are not part of his commercial, industrial, artisanal, liberal or agricultural activity (CONSUMER CUSTOMER) or any legal entity that does not act for professional purposes (NON-PROFESSIONNAL CUSTOMER).
SITE: the website referenced under the domain name www.bookprunelles.com
SALE: all sales made online by the seller.
CONTRACT SCOPE The purpose of these Terms and Conditions is to define the conditions in which the SELLER sells his products online to his CLIENTS from the SITE. They are applied without restriction or reservation to all sales concluded by the SELLER with customers of the same category, regardless of the clauses that may appear on the CLIENT’s documents, and in particular its general conditions of purchase. These Terms and Conditions are applied to the exclusion of all other conditions, and in particular those applicable to sales in store or through other channels of distribution and marketing. They are accessible on the SITE and will prevail, if necessary, on any other version or any other contradictory document. The SELLER reserves herself the right to modify its Terms and Conditions of Sale. They will be applicable as soon as they are posted online. If a condition of sale was to be lacking, it would be considered to be governed by the practices in the sector of distance selling in France. Any order of the PRODUCTS implies, on the part of the CLIENT, the acceptance of the present Terms and Conditions which are opposable to him in accordance with article 1119 of the Civil Code. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 4 / 14 PRECONTRACTUAL INFORMATION The CUSTOMER acknowledges having been communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable manner, these Terms and Conditions and all the information listed in Article L. 221-5 of the Consumer Code. The following information is transmitted to the CLIENT in a clear and comprehensible manner: – the essential characteristics of the property; – the price of the property; – all additional costs of transportation, delivery or postage and any other costs; – in the absence of immediate execution of the contract, the date or the period in which the service provider undertakes to deliver the goods or to perform the service, regardless of its price; – information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence of and how to implement the guarantees and other contractual conditions. The SELLER communicates to the CLIENT the following information: – his name or corporate name, the geographical address of his establishment and, if different, the address of the head office, his telephone number and his e-mail address; – the terms of payment, delivery and performance of the contract, as well as the procedures provided by the professional for the processing of claims; – the existence and procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against latent defects provided for in Articles 1641 et seq. of the Civil Code. The SELLER indicates, as regards the digital content: – any relevant interoperability of that content with certain hardware or software that the trader knows or ought reasonably to know. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 5 / 14 ORDERS PRICE The PRODUCT is supplied at the price of the SELLER in force on the day of the placing of the order. This rate is firm and not revisable during its period of validity. The SELLER reserves the right to change prices at any time but agrees to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the value-added tax applicable on the day of the order and any change of the applicable rate of value-added tax will be automatically reflected on the price of the products presented on the SITE. Payment of the full price must be made when ordering. At no time, the sums paid cannot be considered as a deposit or installments. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products. ORDERING The CLIENT has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks. In case of unavailability of a product ordered, the CLIENT will be informed by email. For the order to be validated, the CLIENT will have to accept, by clicking in the place indicated, the present Terms and Conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment. The sale will be considered final: – after the sending to the CUSTOMER of the confirmation of the acceptance of the order by the SELLER by electronic mail; – and after receipt by the SELLER of the full price. Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below. In some cases, including payment default, wrong address or other problem on the account of the CLIENT, the SELLER reserves the right to block the order of the CLIENT until the problem is solved. The cancellation of the order of this PRODUCT and its possible refund will then be made, the remainder of the order remaining firm and definitive. For any question relating to the follow-up of an order, the CUSTOMER must call the number indicated in the legal notice, between 9am and 18pm from Monday to Friday. The online provision of the CLIENT’s credit card number and the final validation of the order will be proof of the CUSTOMER’s agreement: TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 6 / 14 – for the exigibility of the sums due under the purchase order, – and the signature and express acceptance of all the operations carried out. In the event of fraudulent use of the credit card, the CUSTOMER is invited, as soon as the use is found, to contact the number indicated in the legal notice, between 9am and 6pm from Monday to Friday. The SELLER provides the CUSTOMER with a copy of the contract, on paper signed by the parties or, with the agreement of the CLIENT, on another durable medium, confirming the express commitment of the parties. The computerized records, kept in the SELLER’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence. The products governed by these terms and conditions are those listed on the SELLER’s SITE and which are indicated as sold and shipped by the SELLER. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the SELLER’s responsibility could not be engaged. The photographs of the products are not contractual. MODIFICATION OF THE ORDER The SELLER reserves the right to refuse any modification of the order. PAYMENT TERMS PAYMENT OF THE SALE PRICE The price is payable in full and in a single payment upon placing the order. PAYMENT METHODS The payment methods that can be used are: – Credit cards (Visa, MasterCard, American Express, other blue cards); – PAYPAL and PAYPLUG systems. The payments made by the CUSTOMER will only be considered as definitive after actual receipt of the sums due, by the SELLER. The CLIENT guarantees the SELLER that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The SELLER reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from officially accredited bodies or in case of non-payment. The SELLER reserves the right to refuse to make a delivery or to honor an order from a CUSTOMER who has not fully paid or a previous order or with whom a payment dispute is being administered. If in doubt about the identity of the CUSTOMER, the SELLER may conduct a verification of orders to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the CUSTOMER may be asked to send the SELLER a copy of an identity document and a proof of address. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 7 / 14 The order will then be validated only after receipt and verification by the SELLER of the parts sent. PRODUCTS AVAILABILITY The CUSTOMER may benefit from rebates and rebates listed in the prices of the SELLER, depending on the quantities acquired or delivered by the SELLER in one go and one place, or the regularity of his orders. Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the home page of the WEBSITE, shipping times will be, within the limits of available stocks, those indicated below. The shipping times indicated by the SELLER run from the date of registration of the order indicated on the order confirmation email. In case of non-compliance with the date or the agreed delivery time, the CUSTOMER must, before resolving the contract, order the SELLER to execute it within a reasonable additional time. Failing execution at the end of this new period, the CUSTOMER may freely resolve the contract. The CLIENT will have to carry out these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium. The sale will be considered resolved upon receipt by the SELLER of the letter or writing informing him of this resolution, unless the SELLER has been executed in the meantime. However, the CUSTOMER may immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract and that he justifies by registered letter with acknowledgment of receipt or by writing on another durable medium. In this case, when the contract is resolved, the SELLER is required to reimburse the CLIENT for all the sums paid, at the latest within fourteen (14) days following the date on which the contract was denounced. count from the day of the recovery of the property by the SELLER. In accordance with Article L. 242-4 of the Consumer Code, when the SELLER has not refunded the amounts paid by the CLIENT, the sums due are automatically increased: – the legal interest rate if repayment is made no later than 10 days after the expiry of the 14-day period set out above, – 5% if the delay is between 10 and 20 days, – 10% if the delay is between 20 and 30 days, – 20% if the delay is between 30 and 60 days, – 50% between 60 and 90 days, – and five additional points per new month of delay up to the price of the product, then the legal interest rate. In case of unavailability of the product ordered, the CUSTOMER will be informed as soon as possible and will have the opportunity to cancel the order. The CLIENT will then have the choice to request either the refund of the amounts paid within thirty (30) days at the latest of their payment, or the exchange of the product. PRODUCTS’ DELIVERY TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 8 / 14 DELIVERY METHODS Delivery means the transfer to the CLIENT of physical possession or control of the property. It is made only after confirmation of payment by the bank of the SELLER. The delivery will be made by the direct delivery of the PRODUCTS to the CUSTOMER or through a carrier, products traveling at the risk of the CUSTOMER. With regard to the PRODUCTS in digital form, the delivery of the PRODUCT is noted by the actual download on the hard disk of the CLIENT’s electronic device. If the CUSTOMER is in the impossibility to download the file, he will immediately inform of this difficulty by e -mail to the SELLER, failing that the download information of the PRODUCT collected by the SELLER is proof of delivery. In case of special requests from the CUSTOMER concerning the transport of the ordered products, duly accepted in writing by the SELLER, the related costs will be the subject of a complementary specific invoicing. Any parcel returned to the SELLER because of an incorrect or incomplete delivery address will be returned at the expense of the CLIENT. The CLIENT may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the CUSTOMER is absent on the day of delivery, the deliveryman will leave a calling card in the mailbox, which will allow the package to be picked up at the place and for the period indicated. If at the time of delivery, the original packaging is damaged, torn, open, the CLIENT must then check the condition of the items. If they have been damaged, the CUSTOMER must refuse the package and note a reserve on the delivery note (parcel refused because open or damaged). The CLIENT must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products …). The CUSTOMER must then confirm by registered mail these reservations to the carrier at the latest within TWO (2) working days following the reception of the articles; If the PRODUCTS need to be returned to the SELLER, they must be the subject of a return request to the SELLER within seven (7) days of delivery. Any complaint formulated outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions …). If the CLIENT is not able to express reservations on the delivery note, he must immediately inform the SELLER of the situation. In all cases where the CUSTOMER notices that the package or a PRODUCT is damaged following delivery, the CLIENT must communicate to the SELLER: – A photo of the coli accompanied by his packing slip; – And, a photo with the damaged PRODUCTS and accompanied by their packing slip. In the absence of reservations expressly issued by the CUSTOMER upon delivery, the PRODUCTS delivered by the SELLER shall be deemed to conform in quantity and quality to the order. This check is considered to have been made once the CLIENT, or a person authorized by him, has signed the delivery note. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 9 / 14 In the case where a package is indicated by the carrier as delivered but the CUSTOMER has not received anything, the CUSTOMER assumes only the completion of the steps with the carrier to search for the package. In this case the SELLER cannot be held responsible for any defect of delivery. PLACE OF DELIVERY The delivery will be made at the place defined on the order form and failing to be mentioned, in the premises of the CLIENT at the place of placing the order. OWNERSHIP AND RISKS TRANSFERS The ownership of the thing sold is transferred to the CLIENT as soon as the parties agree on the thing and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is made, at the expense of the CLIENT, upon acceptance of the purchase order by the SELLER. The transfer of ownership and the risks of loss and deterioration relating thereto will be realized only after complete payment of the price by the CUSTOMER, regardless of the date of delivery. As the PRODUCTS are delivered only after the actual payment has been made, they travel at the risk and peril of the CLIENT. The SELLER is discharged from the delivery which is entrusted to an independent carrier, according to the choice of the CLIENT. Delivery is deemed made upon delivery of products ordered by the SELLER to the carrier. In these circumstances, the CUSTOMER therefore has no warranty claim against the SELLER in case of failure to deliver the goods transported. PRODUCTS WARRANTY The SELLER is the guarantor of the conformity of the goods, allowing the CLIENT to make a request under the legal guarantee of conformity envisaged in the articles L. 217-4 and following of the code of the consumption or the guarantee of the defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code. In case of implementation of the legal guarantee of conformity, it is recalled that: – the CLIENT has a period of TWO (2) years from the delivery of the property to act; – the CUSTOMER may choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; – the CLIENT is exempted from reporting the proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. It is recalled that the CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 10 / 14 RIGHT TO RETRACT In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of FOURTEEN (14) working days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of return costs which are the responsibility of the CLIENT. The PRODUCTS must however be returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the seller of the CUSTOMER’s withdrawal decision. Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the invoice. Damaged, soiled or incomplete products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on the SITE. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of retraction is accepted. It must be unambiguous and express the will to retract. In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the PRODUCT (S) purchased (s) and the delivery costs are refunded. The return costs are the responsibility of the CLIENT. The exchange (subject to availability) or refund will be made within a period of FOURTEEN (14) days from the receipt, by the seller, of the products returned by the SELLER under the conditions provided above. INTELLECTUAL PROPERTY The SELLER retains all the industrial and intellectual property rights relating to the PRODUCTS and photos as well as the technical documentation which cannot be communicated or sold without his written authorization. The content of the SITE remains the property of the SELLER, the sole owner of the intellectual property rights to this content. CLIENTS undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. RIGHTS ON PERSONAL DATA TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 11 / 14 The personal data provided by the CUSTOMER are necessary for the processing of his order and the preparation of invoices. They may be communicated to the SELLER’s partners responsible for the execution, processing, management and payment of orders. The CLIENT has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the SITE. EXECUTION OF THE CONTRACT PARTIAL NON-VALIDATION If one or more stipulations of the present Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and their reach. NO WAIVER The fact for one of the parties not to rely on a breach by the other party to any of the obligations referred to in these Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question. TITLE In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent. FORCE MAJEURE The PARTIES cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of the article 1218 of the Civil Code. The costs incurred by the situation will be borne by the PARTY prevented. RESOLUTION OF THE CONTRACT RESOLUTION FOR IMPREVISION In the event of unforeseen circumstances changing when the contract is concluded, the PARTY who has not agreed to assume an excessively costly execution risk may request a renegotiation of the contract from the other party. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 12 / 14 In the absence of renegotiation, the PARTY, unable to perform an obligation that has become excessively expensive, may terminate the contract. For this purpose, the PARTY in demand will be required to send a formal notice to its co-contractor stating the unforeseen situation and declaring the intention to terminate the contract. Termination may however only occur in the event that no agreement is reached, by any written means, within thirty (30) days from receipt of the formal notice. RÉSOLUTION FOR FORCE MAJEURE The resolution by operation of law for force majeure can take place only THIRTY (30) days after receipt of a formal notice served by registered letter with acknowledgment of receipt. COMMON DISPOSITIONS TO CASES OF RESOLUTION The debtor of an obligation to pay will be validly put in default by the exigibility of the obligation. In any event, the aggrieved party may seek damages in court. DISPUSTES AND APPLICABLE LAW These Terms and conditions are translated from French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute. The CUSTOMER may use conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute. These Terms and Conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is so for the substantive rules as for the rules of form. In case of dispute or claim, the CLIENT will first contact the SELLER for an amicable solution. ACCEPTANCE These Term and Conditions as well as the rates and scales concerning rebates and rebates, are expressly approved and accepted by the CUSTOMER, who declares and recognizes to have a perfect knowledge of them, and renounces, therefore, to take advantage of any document contradictory and, in particular, its own general conditions of purchase. TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 13 / 14 APPENDICES RULES OF APPLICABLE LAW Article L. 217-4 of the Consumer Code The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. Article L. 217-5 of the Consumer Code The property is in accordance with the contract: 1 ° If it is fit for the customary use of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model; – it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. Article L. 217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L. 217-16 of the Consumer Code When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. Article 1641 of the Civil Code The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them. Article 1648 of the Civil Code The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
TERMS AND CONDITIONS – LES EDITIONS PRUNELLES LES EDITIONS PRUNELLES 14 / 14
To, LES EDITIONS PRUNELLES Société par actions simplifiée Au capital de 10.000,00 euros 42 avenue de l’Europe 81600 Gaillac I, the undersigned, hereby notify you of my retraction of the contract for the sale of the property below: Order number : Ordered on Received on Last name First Name : Address : Date: Signature