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. |