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SALES TERMES AND CONDITIONS
Last update the 21, july 2006 

1. Preamble

1.1 Sales by EDITIONS BOURGÈS (« EBR ») are subject to the terms and conditions laid forth herein.

1.2 EBR is a French private limited company, having its registered office at 10, rue de Peytot, 33500 Arveyres, France, and registered with the trade and company registry of Libourne under number 429 976 202.

1.3 These terms of sale lay down, inter alia, the rules applicable to place orders and effect payments. They also set out the conditions applicable to delivery and return of products bought.

1.4 The purchaser may at any time check these terms of sale by clicking on the link on the website “terms and conditions”.

1.5 By placing an order, the purchaser adheres without restrictions to these terms of sale.

1.6 Insofar as the terms of sale can be amended from time to time, the conditions applicable to the purchaser are those in force on the website when an order is placed.

1.7 EBR recommends that purchasers keep this information in a hard copy or digital format.

1.8 These terms of sale are written in French and in English. In case of a dispute, the French version will only be taken into consideration.

2. Products for sale

2.1 The EBR database provides purchasers with the essential characteristics of products that they wish to order.

2.2 Purchasers choose products from among a variety of categories (partitions, CD, DVD, cultural products).
 
2.3 The products proposed by EBR are described and presented in a most accurate fashion (according to information provided by the manufacturers).

2.4 The photographs and graphics appearing in catalogues are provided for descriptive purposes only, and do not obligate EBR in any way.

3. Orders

3.1
Orders can be made:
- on the website: [tbd]
- by fax: 0033 (0)9.58.03.62.92
- by telephone: 0033 (0)2.37.24.94.75 from [Monday to Friday
- by mail: EDITIONS BOURGÈS R, Service commandes, 2, rue d'Angerville, 28700 Santeuil/France.

3.2 The purchaser is required to give all the information needed for the products' delivery: name, address, e-mail address, phone number and accurate products ’ references.

4. Prices

4.1 Prices are expressed in euros. Prices expressed in currencies other than Euro are given for information purpose only.

4.2 Prices are quoted net, all taxes included, if need be, except charges for handling and shipping that are payable by the purchaser.

4.3 Customs duties or other local taxes or import duties likely to be required are payable by the purchaser.

4.4 An invoice is sent with the product(s) on delivery.

4.5 All orders, wherever they come from, are payable in euros. Possible additional charges for currency conversion are payable by the purchaser.

5. Shipping Charges

Any order involves charges for handling and shipping summed up in the chart below. Charges are set according to the number of products and the delivery country. The chart also mentions the estimated time for shipping once the order is sent by EBR.

  ZONE SHIPPING
FLAT RATE AMOUNTS
FREE
Zone A
France
3,90 Euros ()
From 40 euros onwards
Zone B
French overseas departments and territories
5,50 Euros ()
Zone C
European Union
6,80 Euros ()
From 100 euros onwards
Zone D
Other countries in Europe, Maghreb and other African countries
7,50 Euros ()
Zone E
Americas, USA
9,50 Euros ()
From 150 euros onwards
Zone F
Asia, South Sea Island
13,00 Euros ()

6. Payment options

6.1 The purchaser may proceed to the payment as follows: either by on-line secure payment by credit card (Visa card or Mastercard) or by transfer or by bank cheque (subject to clause 6.3) made out to: EDITIONS BOURGÈS R.

6.2 In case of payment by bank cheque, the order will be sent when the payment is actually received.

6.3 Payments by bank cheque must be made in euros on an account domiciled in France or in French overseas departments and territories.

6.4 Copy on both sides of the ID card may be requested, if need be, to the holder of the bank cheque.

6.5 Payments by credit cards will be cashed immediately on the day the order is sent.

7. Delivery

7.1 Delivery is made at the address given by the purchaser during order placing.

7.2 Shipment is made by post or Chronopost express shipping.

7.3 The delivery is deemed completed as soon as the notification of the delivery is made by the carrier to the purchaser.

8. Delivery times

8.1 EBR undertakes to deliver any products within (3) three business days, provided the product is available.

8.2 The delivery times mentioned under article 5 are given for information purpose only.

8.3 Any order, the amount of which is in excess of five hundred (500) euros, VAT excluded, will nevertheless be delivered to the purchaser (only if the purchaser can be considered as a consumer in accordance with the provisions of Article 111-1 of the French ”Code de la consommation”) within forty (40) days at the latest, save in case of force majeure.

9. Transfer of Risk

Products are shipped at the risk of the purchaser. In case of damage or loss, it is incumbent to the purchaser to express any reserves or claims that would appear to be justified to the carrier in charge of the delivery.

10. Availability

10.1 The products are proposed subject to stocks availability. If a product is not available, EBR undertakes to inform the purchaser by e-mail as soon as practicable.

10.2 If a product is not available, the purchaser may opt for an exchange or a refund of the sums paid, it being understood that, in such a case, the purchaser will not be entitled to claim for additional damages.

10.3 If a refund is requested, the sums paid by the purchaser will be refunded within (30) thirty days as from the date the payment has been made.

11. Return

11.1 A consumer (as defined by French laws) has the right to return products bought within (7) seven days from delivery, if they are not suitable. This period of time commences as from the day of the delivery of the product bought by the consumer.

11.2 EBR only takes back products which are in their original packaging and are in perfect condition to be resold.

11.3 Where the product is deteriorated, or where the original packaging has been unsealed or damaged, the product will not be taken back or exchanged.

11.4 This right of withdrawal may be exercised without penalty. However all charges and risks related to the return of the product are incumbent upon the purchaser.

11.5 Products that are immediately reproducible or consumable (e.g. downloadable products) can never be returned.

11.6 Reimbursement shall be made by crediting the bank account of the purchaser or by bank cheque. The reimbursement is due within a maximum of 30 days as from the date the return of the product is confirmed.

12. Liability

12.1 The products proposed on the web site of EBR are compliant with applicable French law. EBR cannot be held liable for failure to comply with the laws of the country to which the products are delivered. It is incumbent to the purchaser to check with the local authorities the possibility of importing or using the products or services that the purchaser intends to order.12.2 The covers photographs and samples reproduced do not constitute a contractual commitment. EBR cannot be held liable for any errors in these photographs or samples.

12.3 EBR cannot be held liable for a failure to carry out the terms of an order in case of stock-out or unavailability of the product, force majeure, disturbances or partial or total strikes, especially involving postal and shipping services or communications services, flood and fire.

12.4 EBR shall not be liable for any indirect damages by the present, loss of operation, loss of profit, loss of luck (perte d’une chance) or expenses.

13. Intellectual property rights

13.1 The products proposed for sale on the website are protected worldwide in accordance with the provisions regarding Intellectual property rights.

13.2 Any partial or total reproduction, copy or imitation of the proposed products is strictly forbidden. Any offending purchaser will be liable to prosecution.

13.3 A purchaser must also refrain from providing any information to any third party allowing partial or total reproduction, copy or imitation of the proposed products.

14. Data protection

14.1 In compliance with French law of 6 January 1978 regarding computers, files and freedom of information, purchasers are endowed with a right of access and rectification of nominative data that concerns them.

14.2 This right can be exercised by notifying in writing EBR to its registered office.

15. Complaints - notifications

Any complaint, and more generally any notification, shall be directed to EDITIONS BOURGÈS R, Service commandes, 2, rue d'Angerville, 28700 Santeuil, France.

16. Applicable law and jurisdiction

16.1 These terms and conditions shall be governed by the laws of France.

16.2 In case of a dispute arising in connection with the present terms, the courts of Libourne, France, will only be competent.

The Editions Bourgès R thank you for having taken knowledge of their conditions of sale.