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GENERAL SALES TERMS AND CONDITIONS :
You should read the following provisions carefully, as they constitute a
contract establishing the general terms covering the products and services on
sale on the Memorial online Bookshopsite.
Clicking on the Order button after filling in your order form constitutes the
validation of your order and involves irrevocable acceptance of the present
general terms. This means that you can only order products or services if you
accept the terms listed below.
Memorial Electronic Shop is a service of the Caen Memorial Shop whose purpose
is to offer its products and services on Internet.
Memorial Electronic Shop would like to bring the following information to its
clients attention:
Identification and presentation of the basic characteristics of the goods and
services proposed.
Delivery and payment Terms.
The price of the goods and services is given in euros, both exclusive of tax,
and inclusive of tax (on the order form).
Existence of right of withdrawal and access to file.
Contract execution conditions.
Before placing the order, the client signifies that he/she has read all the
information, plus the present general terms. He/she also declares that he/she
has the capacity to conclude the present contract.
CHARACTERISTICS OF GOODS AND PRODUCTS :
Clause 3
Availability of goods and services
Goods and services offered for sale are available while stocks last. Memorial
online Bookshop can under no circumstances be held responsible for items that
are out of stock.
Clause 4
Photographs
Photographs illustrating the products and services offered to clients are
advertising material and the Electronic Shop can under no circumstances assume
liability with respect to them.
Clause 12
Guarantee
The Memorial Shop is the sole entity responsible for the quality of the product
exhibited on the Memorial Electronic Shop. The products are guaranteed against
any manufacturing defect during a length of time determined by the designer and
the manufacturer. This is a contractual guarantee. Defects caused by the product
being used in a way not intended by the designer or the manufacturer, or defects
brought about by circumstances beyond the control of the Memorial Shop are excluded
from the guarantee. The contractual guarantee does not cover:
- A product not working due to being incorrectly connected to an electricity supply,
failure to follow the instructions in the user s manual or the product being subjected
to abnormal use due to the negligence or fault of the consumer.
- Replacing parts with wear and tear that is normal or caused by abnormal use
of the product,
- Damages resulting from a natural phenomenon or accident (water damage, fire
etc.). In the event of a claim being made under the guarantee, the Memorial Shop
s only obligation will be to replace free of charge the product involved or to
repair it. Posting and packaging charges will be borne by the purchaser.
Clause 16
Title retention clause
The Memorial Shop retains the ownership of goods sold until payment has
been received in full. This rule does not prevent passing of the risks to the
purchaser, as soon as the sale is concluded. This includes, for example, risk
of loss and damage.
PAYMENT AND DELIVERY :
Clause 7
Conclusion of the contract
Payment for the order is done by bank card (Visa or MasterCard) in case
of on-line payment. The number of your bank card and its expiry date are entered
into the site in the Memorial online Bookshopsecured payment area, where data
are encrypted. After payment has been validated, the order is accepted by the
Memorial Shop. Confirmation of the order, or if applicable, refusal to accept
an order, will be confirmed to the user if necessary, no more than 72 hours
after an order is received. In the event of payment not being done on line,
it the Memorial Shop who is to provide for payment by any convenient means (payment
by cheque on receipt of order, cash on delivery, payment direct to the Memorial
Shop etc.).
Clause 8
Prices
Prices mentioned in a Shop are valid when consulted by the client. Prices
invoiced are those applicable when the order is placed. The prices are given
in euros. They include VAT at the rate applicable on the date the order is placed.
Any change to the applicable rate will be automatically applied to the product
price Inclusive of tax . If the order is to be delivered outside the European
Union, customs duties and formalities are borne exclusively by the consumer.
The consumer undertakes to check that it is possible to import the products
ordered with respect to the territory of the country of delivery. Charges for
packing and transport by the haulier are borne by the final consumer, plus VAT
and any other taxes to be added to the price given if necessary.
Clause 9
Payment
The client pays by bank card, if that is provided for in the order form.
The payment validation process is the one provided in the SSL protocol. The
client guarantees the Memorial Shop that he/she has any authorisations that
may be necessary for using the mode of payment chosen when the order is form
was validated.
Clause 10
Delivery-transport
The order is delivered by the haulier to the address given by the client
when placing the order, if necessary. The delivery period is 30 days maximum.
The Memorial Shop reserves the possibility of cancelling the order if not able
to honour it and will inform the client by any convenient means. In the event
of delivery beyond this period, the client will be informed of the extra time
required. In all events, the products are transported at the purchaser s risk.
It is the purchaser s responsibility to check the contents of the package on
delivery and to formulate any reserves to the haulier by registered letter no
more than three days after receiving the product.
Clause 13
Cryptology
The Memorial Shop has undertaken that the cryptology services and means
of securing the transactions are covered by an authorisation or declaration
in conformance with current legislation.
Clause 14
Proof
The computer registers, kept in the Memorial Shop s computer systems, are
considered as proof of the communications, orders and payments that have taken
place between the parties.
Clause 15
Conservation
Storage of the order forms and invoices is done by the Memorial Shop using
a reliable, durable medium in order to correspond to a true and durable copy,
in compliance with Clause 13 48 of the Civil Code.
WITHDRAWAL RIGHT AND ACCESS RIGHT :
Clause 11
Withdrawal right
In compliance with the Act of 6 January 1972 on Distance Selling, the purchaser
has the right to a cooling-off period of seven working days, starting from the
date the product is received (for goods), and from the date of acceptance of
the contract (for services). Exercising the withdrawal right obliges the Memorial
Shop to reimburse the sums paid by the purchaser within 30 days. The client
will bear the charges involved in returning the goods and he/she is obliged
to use the original package. The purchaser does not have a withdrawal right
for contracts involving the supply of perishable goods, food, audio or video
recordings or computer programmes whose seal has been broken by the consumer,
periodicals and magazines, and services whose execution has commenced before
the end of the 7 day period.
Clause 17
Access right – computer files
In compliance with the Data Protection Act of 6 January 1978 (see CNIL
(Data protection board), clients will be able to exercise their right of access
to information concerning them recorded by the Memorial Shop on behalf of the
Memorial site. The Electronic Shop does not disclose information about clients
to trading partners or third parties.
CONTRACT EXECUTION CONDITIONS :
Clause 1
Scope of General Sales Terms and Conditions
When a user fills in an order form in the Electronic Shop and confirms
the order by clicking on the Order button, this constitutes full and complete
acceptance of the present General Sales Terms and Conditions, that are the only
terms applicable to the contract thus concluded.
Clause 2
Purpose
The present contract is a distance selling contract whose purpose is to
define the rights and obligations of the parties in the context of the sales
of goods or services proposed for sale to clients by the various shops. The
present contract covers the acquisition of goods and services, and is concluded
between the Memorial Electronic Shop and a client.
Clause 5
Taking the order
Any order form signed by a consumer clicking on the Order button constitutes
irrevocable acceptance that can only be affected in the cases restrictively
provided for in the Right of Withdrawal Clauses in the present contract.
Clause 18
Determination of applicable law
The parties make an express agreement that the present agreement is subject
to French law.
Clause 19
Settling disputes
In the event of a dispute concerning the sale of products and on the execution
and interpretation of the present terms, only the Caen (Calvados - France) law
courts are competent.
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