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 telephone: 0033 (0)5 32 59 28 89 from [Monday to Friday
- by mail: EDITIONS BOURGÈS R, Service commandes, 20 rue des Paradoux, 31000 Toulouse/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 |
OPTION |
COST |
FREE |
France |
Standard shipping :
Colissimo tracking :
Colissimo tracking + sign : |
3,80
Euros
7,29 Euros
8,19 Euros
|
From 80 € onwards
From 100 € onwards
From 100 € onwards |
French
overseas departments and territories |
Standard shippinge :
Colissimo tracking : |
5,50
Euros
16,90 Euros
|
From 80 € onwards
From 100 € onwards |
European
Union |
Standard shipping :
Colissimo tracking + sign : |
6,8
Euros
15,20 Euros
|
From 100 € onwards |
Other
countries in Europe, Maghreb and other African countries |
Standard shipping :
Colissimo tracking + sign : |
7,5
Euros
22,10 Euros
|
Americas,
USA |
Standard shipping :
Colissimo tracking + sign : |
9,5
Euros
34,50 Euros
|
From150 € onwards |
Asia, South
Sea Island |
Standard shipping :
Colissimo tracking + sign : |
13
Euros
34,50 Euros
|
All orders placed in "Standard shipping" would not be refunded or returned if the package is not received.
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. The FullStock Service
11.1 TheFullStock service is a service and a commitment only from EDITIONS BOURGES R.
11.2 This undertaking shall, without additional charges or surcharges, shipment of products marked "FullStock" in the same day the order under the following conditions:
- The order must contain only products marked "FullStock.
- The order should not have more than 1 copie of the same product.
- Payment of the order must be validated via the secure payment platform for EDITIONS BOURGES R (CB, Visa, Mastercard) before 3:00 PM (french schedule). For all orders placed this time, the expedition will be the next day, within the limits of working days of the Post (except Saturdays and holidays).
11.3 Method of shipment remains at the discretion of the buyer (Postage, Colissimo, Colissimo with sign ..)
12. Return
12.1 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.
12.2 EBR only takes back products which are in their
original packaging and are in perfect condition to be resold.
12.3 Where the product
is deteriorated, or where the original packaging has been unsealed or damaged,
the product will not be taken back or exchanged.
12.4 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.
12.5 Products that are immediately reproducible or consumable
(e.g. downloadable products) can never be returned.
12.6 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.
13. Liability
13.1 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.
13.3 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.
13.4 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.
14. Intellectual property rights
14.1 The products proposed for sale on the website are
protected worldwide in accordance with the provisions regarding Intellectual
property rights.
14.2 Any partial or total reproduction, copy or imitation
of the proposed products is strictly forbidden. Any offending purchaser
will be liable to prosecution.
14.3 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.
15 Data protection
151 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.
15.2 This right can be exercised by notifying in writing
EBR to its registered office.
16. Complaints - notifications
Any complaint, and more generally any notification,
shall be directed to EDITIONS BOURGÈS R, Service commandes, 20 rue des Paradoux 31000 Toulouse, France.
17 Applicable law and jurisdiction
17.1 These terms and conditions shall be governed
by the laws of France.
17.2 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. |