Article 1: Preamble
The present Terms Of Trade apply between BOOKEEN - 27 Rue de la Vistule - 75013 Paris - France (hereafter "Us") and any person visiting or purchasing on the www.bookeen.com site (hereafter" You").
Any visitor can read the Terms Of Trade on the www.bookeen.com site (hereafter the "Site"). These Terms Of Trade can be modified at any time, the applicable conditions are those present on the Site at the date of purchase.
Article 2: Contract
2.1 Conditions to make an order
You declare being at least 18 years old and having the legal capacity or being titular of a parental authorization allowing you to make an order on the Site.
Any order made on the Site must correspond to the normal needs of a household.
2.2 Steps of the purchasing process
After making your purchase on the Site, We send You an email to confirm your order.
Then We inform You by email of the sending of your shipment. This email is considered as our acceptance of your order and thus seals the sale contract between Us and You.
Article 3: Price and availability
Price posted on Site are indicated with French VAT included if your country is located in Europe and without VAT if your country is located out of Europe. Shipment price are not included.
We can accept your orders within the limit of available stocks. We cannot bring more precise details to You on this availability. The delivery periods are mentioned as an indication but We cannot guarantee these deadlines to You. If You choose to pay using a check, your order will be treated only after we received your check.
If the products are not available, We will inform You by email as soon as possible. In the event of this unavailability, We will provide You in replacement an article of same quality and equivalent price. In this case, if you decide not to accept this replacement in accordance with your right of withdrawal (in the sense of the French law), the shipment cost will be at our charge. If We could not provide You an article of same quality and equivalent price, You will be able to cancel your order.
Please note that the price is immediately due at order time. Consequently, if an article would not be available and no article of replacement could be delivered to You, Bookeen will pay you back either in the form of voucher or in the form of a check which amount will correspond to the whole amount.
Article 4: Customs duties
Any purchase made on the Site and shipped out of France could be eligible to possible taxes and customs duties which are imposed when the parcel arrives to its destination. These possible customs duties and taxes related to the delivery of Your shipment are your concern and your responsibility. We don't have to check and to inform You of the customs duties and taxes applicable. To know them, We advise You to consult the proper authorities of your country.
Article 5: Payment
You can make your payment by credit card or check.
In the event of payment using a credit card, the price is immediately due at order time.
The payment by check is only possible in euros on a bank domiciled in France. In the event of payment by check, the cashing of the check is carried out as soon as the check and the written order have been received.
The check will be for Bookeen, and sent to the address below:
27 Rue de la Vistule
Article 6: Returns
Note that the following return Policy is applicable to the products We sell.
According to the law You have the right to cancel your command without any reason during seven (7) days after your purchase. In this case Bookeen will refund the whole money except shipment cost.
In accordance with our Return Policy you can ask for replacement of your product due to a shipment issue before a thirty (30) days deadline after your purchase. In the event of delivery of a defective article, in non conformity with your order or damaged during transport, We will carry out the replacement of the product damaged as soon as we receive the defective product back. You will have to send us back the defective product under 30 days. We can refuse the replacement if the product has been dismounted.
Article 7: Reserve property
The delivered goods will remain our property until You filled all your obligations toward us and in particular until the integral payment of the price.
Article 8: Warranties and responsibility
You benefit from the legal warranty due to hidden defects.
The electronic products can have a manufacturer warranty indicated on the product description. In the case of a breakdown during the manufacturer warranty period, please consult the after-sales service manufacturer.
We decline any responsibility on the fact that the delivered product would not respect the legislation of the country of delivery.
We commit ourselves bringing the best service to the customer. Nevertheless, our responsibility could not be retained in the event of failure with our contractual obligations because of a fortuitous occurrence or of a case of absolute necessity as defined by the jurisprudence returned by the French jurisdictions.
Our responsibility will not be committed in the event of delay due to an out-of-stock condition in the supplier.
We implement all the possible means to ensure the services described in these Terms Of Trade. We will not be responsible for benefit losses, commercial losses, data losses or earnings loss or any other consequential damage due to a non foreseeable or indirect consequence of the use of our Site.
The limitation of responsibility noted above is inapplicable in the event of fraud or heavy fault made by us or in the event of physical injuries due to defective product.
Article 9: License of access to the Site
We grant to You a license limited to the access and the use of the Site for your personal use. You are not authorized to download or modify whole or part of this Site without Our written authorization. This license does not enable You to use, for the sale or any other commercial use this Site or its contents (listed products, descriptions, price, remote loading or copy of information for the account of another tradesman, use of data, software, sound extracts, graphics, images, texts, photographs, tools).
This Site or part of this Site should not be reproduced, copied, sold or exploited for commercial reasons without our express and written authorization.
You should not use techniques allowing to copy a mark, a logo or any other information (in particular images, text, models) of which We are owners without our express agreement and writing. You should not use the meta tags or any other "hidden" text containing our name, our mark without our express agreement and writing. Any unauthorized use will put an end to the license that We granted to You.
We authorize You, on a purely nonexclusive and revocable basis, to create a hypertext link pointing on the banner page of the Site in the condition that this bond cannot create Us or create against the companies of our group, or with our products or services, a character untrue, false, pejorative or being able to create damage. The creation of this hypertext link will not be able to engage our responsibility on the contents of your site. Any use in your bond of our logo, our mark or our graphics requires our express and written authorization.
Article 10: Comments, criticisms, communications and other contents
The users of this Site can address to Us criticisms, comments, suggestions, ideas, questions or any other information as long as these contents are not illegal, obscene, abusive, threatening, defamatory, contravening the rights of intellectual ownership, or prejudicial with thirds and does not contain viruses, political militancy information, commercial requests or "Spam". You should not use a false address email, to usurp the identity of a person or an entity, nor to lie from the origin of your data. We reserve ourselves the right, with our whole discretion, to remove or modify your data.
If You transmit information or data to Us, you agree to grant to Us, for the legal duration of the royalties, the irrevocable, nonexclusive, free right to exploit, reproduce, modify, adapt, publish, translate, distribute and post these contents in the whole world and on all supports. You grant to Us the right to use the name that You communicated to Us during the supply of your contents. You give up the right to be identified as being the author of the contents.
You declare and guarantee being owner or to have the necessary rights on the contents that You transmit to Us, at the date of transmission; that: (i) the contents and the material are exact and veracious, (ii) the use of the contents does not contravene one of our policies (in particular that the contents will not be defamatory). You agree to compensate Us in the event of an action by a third against Us since this action would have been caused by the contents You communicated to Us.
Article 11: personal data protection
We commit ourselves protecting your personal data. All the personal data concerning You that We collected are treated with the most strict confidentiality, in accordance with the legal provisions of personal data protection.
Article 12: Applicable duty and court of jurisdiction
The present Terms Of Trade depend on the French Law and the Vienna Convention on the international sale contracts of goods. All the litigations relating to the trade existing between You and Us, are depending on the exclusive competence of the French jurisdictions.
Article 13: Identification
This Web site belongs to and is managed by:
27 Rue de la Vistule
If You think that contents being reproduced on our Site can contravene one of our policies or one of your rights on intellectual ownership, or if You have a question relating to our Site, You can write to Us through the contact form : contact form.