The Internet site editionsnacre.com is published and edited by:
AI2F/EDITIONS NACRE, SARL au capital de 7.700 euro, whose head office is situated at 285 rue Gilles Roberval - 30900 NIMES (France), registered on the commercial and companies register in Nîmes (France) under the n° B 441 047 420, telephone: 04.66.84.84.84, fax: 04.66.277.716, email: firstname.lastname@example.org, EU VAT N°: FR95441047420
The editor of the publication is:
The web host provider is:
La Serrière de Giraud
84240 CABRIERES D'AIGUES
URL du site : www.florajet.com
GENERAL TERMS OF SALE
1 - DEFINITIONS
« Editions Nacre » or « The Publisher»: the INTERNATIONAL FLORISTS TRAINING ACADEMY company (AI2F)/ EDITIONS NACRE, SARL au capital de 7.700 euros, whose head office is located at 285 rue Gilles Roberval - 30900 NIMES (France), registered on the commercial and companies register in Nîmes (France) under the n° B 441 047 420, the publisher of the www.editionsnacre.com site.
The « Site »: www.editionsnacre.com Internet site edited and published by the Publisher on which the Publisher commercialises the Products.
« Product »: all products commercialised by the Publisher and likely to be ordered by a customer of the Publisher on the site.
« Customer »: a person who orders a product(s) on the Site.
« An Order »: the ordering of one or several products by one of the Publisher’s Customers on the Site.
« GTS »: the general terms of sale of these presents.
2 - OBJECT AND ACCEPTATION OF GENERAL TERMS OF SALE
The GTS govern all of the orders made on the Site.
The GTS may be consulted on the Site and agreed to by the Customer prior to the creation of their account. The Customer must create their account on the Site prior to the placing of the first Order. The Customer acknowledges having understood and agreed to the GTS herein when they opened their account. The Customer commits themself to take cognisance of the GTS before the placing of an Order. The fact of placing an Order implies the immediate and full agreement to and without reservation by the Customer to the GTS.
The Publisher reserves the right to unilaterally modify the GTS at any time. The version of the general terms of sale applicable to an order, are those in force at the time when the Customer places the Order. Customers who have an account will be informed of each modification made to the GTS on the Site.
Specific conditions can be applied to certain Products. In this case the Customer is informed beforehand on the Site. The placing of any order for Products implies, should this happen, the acceptance of the specific applicable conditions.
3 - ORDERS
Products likely to be Ordered are listed on the Site. The Publisher will change this list at any moment and at the Publisher’s entire discretion.
To place an order on the Site, the Customer must beforehand have opened a private account on the Site. The Customers commits themselves to making sure of the confidentiality and security of their usernames and passwords, which are strictly private. They are solely responsible for the use that is made of their account, username and password. The Customer promises not to communicate their usernames and passwords to a third party and to allow a third party to use them, in any way and in particular, to consult the magazines within the framework of an online subscription.
When subscribing to the Site and placing an Order, the Customer must give all of the information asked for about their identity, contact details, delivery address, the Products ordered and their card details or other required information in relation to the chosen method of payment. Any Order placed with incomplete or erroneous information can be refused or totally or partially cancelled by the Publisher, without the Customer being able to claim any compensation.
The Customer is informed of the amount of the delivery fees and the total cost of the Order at the latest before confirming their Order.
Any Order placed in the name of and on behalf of the Customer is considered to have been done by themself or a person duly authorised to do so.
The Publisher promises to inform the Customer as soon as possible of any incident concerning their Order.
In any case, the Publisher reserves the right to cancel or to refuse any Order from a Customer with whom there is a payment issue concerning a previous Order.
4 - SUBSCRIPTIONS
4.1 - Term of subscriptions
The length of subscriptions likely to be ordered (magazine subscriptions or the online magazine that can be looked at on the Site) is indicated on the Site. A subscription automatically terminates at the end of its duration.
4.2 – Updating Customer details
In the case of a Customer’s details changing and in particular their delivery address or their email address, the Customer commits themself to updating them on the Site, using their account. If this is not done the Publisher will not be responsible for the consequences, such as notably a delayed delivery or no delivery at all.
4.3 - Subscriptions to magazines that can be read online
For subscriptions to magazines that can be read online on the Site, the subscription confers on the Customer for the duration of the subscription, the right to consult the magazine issues in question online on the Site in an unlimited manner, as many times as they so wish during the period of validity of their subscription.
The magazines may only be consulted visually on the Site in digital format and exclusively on the pages of the Site dedicated specifically for this purpose. Every other means of consultation is excluded. It is forbidden to download, print or reproduce in any way whatsoever all of or a part of the magazines.
The Customer’s subscription is personal and valid allowing a consultation under normal conditions. Only the Customer, that is to say the person mentioned in the account has the right to use the subscription. Any other misuse could result in the suspension and/or the cancellation of the subscription, without warning or compensation. If the customer is an artificial person, they can consult the magazines in question on six (6) different computers only, on the premises of their company. Only members of their personnel who are duly authorised can consult the aforementioned magazines.
The Customer is not authorised to download the magazines, to duplicate them, to print them, to promote them and to communicate information from them to a third party, whoever it may be by any means, including partially.
The Publisher could at any moment ask the Customer to justify the conditions under which the subscription is being used in their company.
4.4 - Suspension and cancellation of the subscription
In the case of the Customer’s default regarding any of their obligations in regard to the present general conditions, the Publisher reserves the right to suspend the subscription, without warning or compensation and/or to cancel the subscription by registered letter with an acknowledgement of receipt, addressed to the Customer, 15 days after formal notice has been served by registered letter with an acknowledgement of receipt left entirely or partly fruitless. The Customer will not claim any reimbursement or compensation.
5 - PRICE
The prices are indicated in euro, all taxes included (ATI), at the legal rate of VAT in force at the time when the Order is placed, excluding delivery fees.
The prices do not include the cost of the means of communication to access the Site, which is exclusively the Customer’s responsibility.
The prices do not include the delivery fees, which are billed in addition. The delivery fees are listed on the Site.
The Publisher reserves the right to modify the prices and/or the delivery fees at any moment. The prices and delivery fees applicable to an Order are those in effect at the moment when the Customer places the Order.
The product offers are valid as long as they are online on the Site because of the Publisher, within the limits of available stock. In the case of a Product being unavailable after an Order has been placed, the Customer will be informed by email. The Order will automatically be cancelled.
6 – TERMS OF PAYMENT AND BILLING
The prices are payable in Euro.
The Customer must pay the whole price in addition to the delivery fees and the VAT by bank card (Visa, MasterCard or other credit cards restrictively listed on the Site), paypal or cheque.
In the case of paying with a bank card, when the Customer places the Order, they must enter on the Site their card number, the expiry date and the card verification number (CVV). The Publisher guarantees the security and confidentiality of the transmitted information, which is made secure and encrypted by a business partner of the Publisher’s. This partner guarantees the security and confidentiality of the data exchanges. The card is debited immediately.
In the case of paying by cheque, the cheque must be made out in euro and drawn against a bank account in France or Monaco.
The Publisher will not deal with the Order until after the actual cashing of the cheque and in full of the price with all taxes included in addition to the delivery fees.
An invoice will be given to the Customer at the time of the delivery.
7 - PAYMENT INCIDENT
In the case of a payment incident, such as a late payment, a payment refusal or a partial payment, the Publisher reserves the right to suspend all or a part of the Orders in question and/or to refuse any new Order, without any prejudice to the right of review.
Besides the suspension of the completion of any contract outstanding, any late payment on the date of its payability will cause, with full rights, the payment of interest for late payment at three times the legal interest rate and the payment of all legal and extrajudicial fees borne by the Publisher for the recovery and collection of the amounts fallen due.
8 - DELIVERY
The Order will be delivered to the address indicated by the Customer when the Order was made or if not to the account address. If the information communicated by the Customer for the delivery address is inexact or incomplete, the delivery is not guaranteed and the Publisher’s responsibility will not be wanted or engaged in regards to the consequences of the inexactness or the incomplete nature of the information transmitted by the Customer, notably in the case of late delivery or the impossibility to deliver.
For consulting the online magazines, the Customer will have access to the magazine in question as soon as their payment has been validated.
For paper based magazines, the magazines will be delivered to the Customer within a time period of between 15 days and one month as of the date of their release.
For the other products, notably general works and books, the delivery time period will be from between 15 days and one month starting from the time when the Order has been accepted.
In the case of the delivery being late by more than 7 days, the Customer will be able to cancel the Order within 60 working days.
If the delivery is made late or held up due to a fact or circumstance that comes under the Customer’s responsibility, all fees consequent on this delay will be the Customer’s exclusive responsibility. The Customer remains in any event, liable for their obligations of payment for the Order.
The Publisher will not be held responsible for a late delivery due to a cause, which is independent of its own volition and notably in the case of atmospheric action, catastrophe, strikes, an act of God, the Customer’s details being incomplete or imprecise.
9 - RETRACTATION
If the Customer is a consumer (physical person who orders for the needs of their private life and not professional), the Customer disposes of a legal term of 7 days as of the delivery date to exercise to their right of retraction from the Publisher, without having to justify the reasons or pay penalties.
All demands for retraction must be submitted to the Publisher. The Publisher will reimburse to the Customer the price paid for the bought Products and the delivery fees at the latest 30 days after their demand, if the conditions have been honoured. The re-stocking fees are the Customer’s responsibility. The Customer must return the Products in good condition, presentation and in their original packaging and complete.
However, in accordance with legal provisions in effect, the right of retraction is excluded:
- For the magazines,
- For the services, which have started, notably for the consultation of online magazines.
10 - COMPLAINTS
The Customer must notify the transporter and the Publisher of any reservations they may have about the delivered Products.
Any complaints about the products, notably in the case of a defective product, damaged or non-compliant with the Order, must be notified by the Customer to the Publisher by telephone, post or email using the contact details listed on the Site. The Customer must clearly indicate the Product or Products concerned and the nature of and the type of defect, at the latest during the forty-eight (48) working hours, which follow the delivery. If this time period is not respected, the complaints will not be taken into account and the Publisher’s responsibility will not be wanted or engaged for this reason.
In any case, it is up to the Customer to provide all of the probative elements about the facts of or the defect(s) observed. The Customer will explain very precisely their reservations and complaints in a way, which is sufficiently clear to allow the Publisher to check the exactness of and/or carry out any necessary checks.
The complaint made by the Customer according to the above conditions does not suspend the payment for the concerned products. If the Publisher considers the complaint to be founded, the Publisher will be able to choose to replace the products by any identical Product and/or make up the missing ones and/or reimburse the Customer.
In the case of a replacement or reimbursement, the Products must be returned to the Publisher by the Customer in good condition, presentation and in the original packaging and complete. The Publisher will proceed, if the conditions are fulfilled, to reimburse the re-stocking fees on presentation of the appropriate proof.
11 - CUSTOMER SERVICE
For any questions or requests for information, as well as for the follow-up of your Order, the exercising of your right to retraction and the guarantee, the Customer can contact the Publisher:
- by email: email@example.com
- by telephone, from Monday to Friday from 9 h to 12 h: 04.66.84.84.84
12 - RESPONSIBILITY - GUARANTEE
The Customer benefits from guarantees of compliance and hidden defects in conformity with legal conditions in force.
The Publisher’s responsibility and guarantee are excluded in the case of a defect due to abnormal use on the Customer’s part and/or any of their principals, service providers, representative and/or agent, in the case of negligence, wrong or the Customer’s default on their contractual obligations.
The Publisher does not guarantee that the site will operate uninterrupted or error-free. The Publisher shall not be held responsible for a site outage or all or some of its services, but the Publisher commits to implementing its best efforts to resolve the incident(s) in question as quickly as possible.
The Customer connects to the Site using their own telecommunication equipment. The Customer recognises that the display performance and Site performance depends largely on the characteristics of their computer, modem and type of connexion to the Internet network.
The Publisher is not responsible for technical incidents, which could arise on the networks over which the Publisher has no control (telecommunication, electricity, internet, bank service providers or others).
The Site can contain offers presented by the Publisher’s commercial partners or links to their Internet sites. The Publisher is not responsible for the content of offers made by partners or the good execution by partners of their obligations or the contents of the Internet sites, over which the Publisher has no control. The Customer clicks on these links at their own risk.
The Publisher’s responsibility could not in any case be engaged with respect to consequential damages and unforeseeable occurrences, in particular those following the use of Products by the Customer, notably damage linked to the incomplete or inexact nature of information published in the magazines to a bad use or interpretation on the Customer’s part.
13 - PERSONAL DATA
The data communicated by the Customer to the Publisher within the framework of the creation of their account and the placing of Orders is collected, recorded and stored by the Publisher in compliance with the « Informatique et Libertés » French computer science and freedom law of January 6th 1978.
The processing of this data by the Publisher is declared to the CNIL (Commission nationale informatique et libertés), the independent French administrative authority whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data.
With the exception of third parties by whom, the intervention is necessary for the processing and execution of Orders, the Publisher commits to not communicating to a third party personal data concerning the customer without their authorisation beforehand.
The Customer disposes of the right to access, modify, correct and to delete their personal data. The Customer can exercise this right by writing to the Publisher at the following address:
285 rue Roberval
The Publisher will be able to send the Customer offers and canvassing in relation to its Products.
14 - COOKIES
The Customer can prevent the recording of cookies by setting up their browser to this effect.
15 – INTELLECTUAL PROPERTY
The Site and its components, such as notably photographs and texts are work of the mind, protected by the intellectual property code. Any reproduction, copy, imitation, modification, adaptation or public representation, even partial is forbidden and constitutes an infringement.
The Products can be work of the mind, which is protected by the intellectual property code, notably the magazines and books in paper or digital format, as well as their contents such as articles, photographs and graphics illustrations. Any reproduction, copy, imitation, modification, adaptation or public representation, even partial is forbidden and constitutes an infringement.
The buying of a subscription does not confer any intellectual property right to the Customer, save for a limited right of use, which is non-exclusive and strictly personal.
16 – APPLICABLE LAW - LITIGATIONS
The present general conditions and the Orders made by customers on the Site are governed by French law.
If the Customer is a professional exercising a commercial activity, exclusive jurisdiction is allotted to the Nîmes (30 - France) commercial court for litigations relative to orders and the application of the GTS, including in the case of a special hearing, more than one defendant or guarantee.