General sales conditions
|LAST UPDATE: 02/16/2016|
The conditions below govern the sale of products shown on the http://editionsacoeurjoie.com/ website by the company:
Editions A Coeur Joie
24 avenue Joannès Masset
Tél: +33 (0)4 72 19 83 30 – Fax: +33 (0)4 78 43 43 98
Registered in France at RCS de Lyon, company registration number B 305 834 434
By placing an order you imply your unreserved acceptance of and abidance by the General Sales Conditions.
ARTICLE 1. SCOPE OF APPLICATION AND GENERAL SALES CONDITIONS MODIFICATIONThese conditions set out to define the terms of sale between Editions A Coeur Joie and any physical or legal person, hereinafter called “the customer”, wishing to make a purchase via the http://editionsacoeurjoie.com/ website.
By placing an order, the customers acknowledges that he is aware of these General Sales Conditions.
These General Sales Conditions can be modified at any time by Editions A Coeur Joie. Any modification will be announced in the website. In case of modification, the applicable General Sales Conditions are those which are in force on the day of ordering.
ARTICLE 2. ORDERAny customer can place an order:
- by internet, on http://editionsacoeurjoie.com
- by telephone, on +33 (0)4 72 19 83 30, from Monday to Thursday from 8am30 to 12am30 and from 2pm to 5pm30, and Friday from 8am30 to 12am30 and from 2pm to 4pm30.
- by fax on +33 (0)4 78 43 43 98
The customer’s confirmation of an order by telephone, fax or internet implies his unreserved acceptance of these General Sales Conditions. The digital signature on internet is made by two clicks, on the “ checkout” button then “Confirm order” button. This signature has the same legal value as a manuscript signature.
The data recorded by Editions A Coeur Joie constitutes the proof of all transactions, in all its aspects, entered into between Editions A Coeur Joie and the customer.
The date of an order corresponds to:
- the ordering day in case of online payment with a credit card
- the date of receipt of the fax, which gives the credit card references.
- the notification day of credit in case of payment by credit transfer.
For on-line payments, the data recorded by the secure payment system of the Banque Populaire bank constitutes proof of the financial transactions.
The information supplied by the customer at the time of ordering is a commitment by the customer.
In the event of errors made by the customer in entering postal address and contact details, Editions A Coeur Joie can not be held responsible for any inability to deliver the goods.
ARTICLE 3. PRICEAll prices are mentionned in Euros. The Editions A Coeur Joie can modify the prices at any time.
The indicated price does not include delivery charge.
The price includes VAT and other taxes. The VAT rate is the one applied on the date of ordering. Any change in the applicable VAT rate may be passed on the selling price of the items.
Each order has its own bill, stuck on the parcel, which is also the delivery bill. The order detail is on the bill, item by item, with the corresponding delivery charges.
ARTICLE 4. DELIVERY CHARGES AND PACKAGING FINANCIAL PARTICIPATIONThe delivery charge is a contribution to preparing, packing, and posting costs.
This is charged at a flat rate and depends on the country of destination, the method of delivery, and the amount of the order.
Deliveries delays can vary for reasons beyond our control. The following delays are the average deliveries guaranteed by the supplier of postage services.
The only contractual delivery charges are the ones indicated in the table below.
|Delivery charges and packaging financial participation|
|Amount of the order||Economy rate|
for France w/o DOM-TOM
(Colissimo suivi: 48h
Shipment outside France:
Secured shipment only
|Less than 15 euros|
From 15 to 49,99 euros
From 50 to 139,99 euros
From 140 to 249,99 euros
|More than 250 euros: no charge|
Only secured shipments such as “Colissimo” are subject to proof of receipt by the customer. The Editions A Coeur Joie strongly advices you to use this delivery method.
Economy rate such as “Normal letter post” involve no proof of reception: the customer accepts full responsibility for any such risks when choosing the delivery method.
ARTICLE 5. PAYMENTThe price is required immediately upon ordering. Purchases can be paid:
- by credit card on line (CB, Visa, MasterCard), by filling the compulsory field in the corresponding areas within the secure on-line payment window on internet. Data entries are secured and encrypted with SSL encryption, and then transferred to the Banque Populaire bank. The bank is the only one to receive these banking data.
- by credit card by fax (on +33 (0)4 78 43 43 98) (CB, Visa, MasterCard). The customer has to indicate its order slip, the 16 digits of his card number, the expiry date and the last three numbers of the cryptogram shown on the back of his card.
- by credit card over the phone on +33 (0)4 72 19 83 30
- by credit transfer made out to “Editions A Coeur Joie” to our bank office:
Office: BP2L CA LIMONEST
Bank code: 13907
Counter code: 00000
Bank account number: 81553935218
RIB key: 72
Or for the fund transfer from foreign countries:
BP2L CA LIMONEST
International Bank Account Number (IBAN): FR76 1390 7000 0081 5539 3521 872
Bank Identification Code (BIC): CCBPFRPPLYO
Please indicate the customer name and the order number when transferring fund.
The potential transfer charges will be paid by the customer. The order will be processed only on receipt of the credit transfer.
Editions A Cœur Joie can refuse an order made by a customer who have not totally or partially paid for a previous order.
Delay in payment:
Any sum, including the advance, not paid at the “to-be-paid” date planned will produce late-payment interest up to three times the current legal interest rate as well as the payment of the fixed compensation for collection charges of a 40-euro sum, as specified in the article L. 441-6 of the French commercial law.
ARTICLE 6. DELIVERYFor all sale from 1 to 6 copies of simple sheet scores, a red stamp "photocopie interdite" (forbidden copying) is added on the score, allowing the reading but preventing illegal copying.
The order will be sent to the address indicated by the customer.
Each parcel has its own bill.
The orders are processed as soon as the payment is received (or confirmed).
Editions A Coeur Joie can not be held responsible in the event of late delivery or stock-outs.
If a product ordered becomes unavailable, Editions A Coeur Joie undertakes to inform the customer in the shortest possible time and to communicate the delay for restocking.
PARTICULAR CASES: Processing of the parcels which are not distributed by the postage supplier because of: Wrong address, not claimed for at the post office, refused, carrying problems …
a) Postal return on the grounds of “Wrong address”
Some of the parcels can be sent back by the postage supplier because of: Wrong Address (the customer does not live at the indicated address).
If the wrong address has been indicated by the customer, he will have to pay forwarding charges.
However, the sender will pay these forwarding charges if the mistake is ascribable to him.
b) Postal return on the grounds of “not claimed for at the post office”
All the parcels which have not been picked up from the post office within the time limit are concerned.
In all cases, the customer is held responsible and, thus, has to pay the forwarding charges.
c) Parcels refused by the addressee
- The customer refuses the parcel because it has been opened or damaged and thus the merchandise inside could also have been damaged: the customer must ask the postal supplier for a spoliation declaration and then notify Editions A Coeur Joie. He is under the obligation to mention the observed damages on the delivery bill. These reservations have to be confirmed by registered mail to the transport supplier (and a copy to Editions A Coeur Joie) no later than three days after the receipt of the parcel. The reimbursement will then be assured by the faulty supplier, and Editions A Coeur Joie will proceed to the forwarding of the same order. The parcel checking is legally over as soon as the delivery bill is signed. If the indications above are not fulfilled, no claim is possible (article L.133-3 of Code du commerce).
- The customer refuses the parcel because of personal reasons. He has to inform Editions A Coeur Joie who will accept or refuse the return the parcel. If the procedure is not applied, the customer remains in responsible for the bill and the forwarding charges.
- If Editions A Coeur Joie are at fault concerning the return, the order will be reimbursed and Editions A Coeur Joie will be responsible for the forwarding extra costs.
d) The customer can refuse, send back a parcel and ask for the order reimbursement under a legal time limit of 7 days after receipt of the parcel, if Editions A Coeur Joie are warned and give its agreement. After this legal time limit, no return of merchandise is possible. The order has to be sent back in its original packaging, and the merchandise has to be intact. The customer is then charged with the forwarding costs. No retraction will be accepted if the merchandise returned can not be re-sold: the order could be consequently sent back at the customer’s expense.
e) The sender is held responsible for a mistake in the order (the items are not the ones ordered).
f) Parcels have to be sent back with a secured delivery to:
EDITIONS A COEUR JOIE
24 avenue Joannès Masset, BP 9151
F-69263 LYON Cedex 09
g) Incomplete, damaged or dirtied items sent back by the customer won’t be accepted.
ARTICLE 7. SECURING AND PRIVACYThe Editions A Coeur Joie website provides a secure on-line payment system.
All the banking details of the customer are protected and encrypted using the SSL (Secure Socket Layers) technique before being transmitted to the processing centre of Banque Populaire.
Editions A Coeur Joie has no mean accessing those information, which are not recorded and asked for at each new transaction.
According to the laws on Computers and your Rights (French law No. 78-17 of 06-01-1978), you retain the right to access, change, and remove any data about you.
You can exercise this right on line by sending an e-mail request, or by writing to: Editions A Coeur Joie, 24 avenue Joannès Masset, BP 9151, F-69263 LYON Cedex 09.
After the registration of the customer, the Editions A Coeur Joie can send him a Newsletter or any information concerning new items publication, or new commercial promotion.
The first time the customer places an order on the site editionsacoeurjoie.com, he assigns himself a secret code (at least 6 digits). Entering a login and password prevents from re-entering all his contact details for further orders or requests.
Editions A Coeur Joie cares for the protection of your personal data and applies every measure to uphold your rights.
Our site is registered at CNIL (French Electronic Data Protection Authority) under number 1177903.
ARTICLE 8. LIMITS OF RESPONSIBILITYInformation regarding price and availability of products, as well as any pictures illustrating these products, is subject to modification.
All items on offer comply with current French laws. Editions A Coeur Joie declines all responsibility if an article fails to comply with legislation in the country of destination (e.g. censorship, banning of certain titles or composers).
Editions A Coeur Joie declines all responsibility in the event of failure to fulfil a contract due to circumstances beyond its control (strikes, floods, fires, war, etc …).
Editions A Coeur Joie declines all responsibility for the content of any web sites that are linked to from its own site. However, Editions A Coeur Joie commit themselves to remove any link that refers to a web site which contents is contrary to the laws of the country of the head office of Editions A Coeur Joie, as soon as they have been informed of it.
Editions A Coeur Joie declines all responsibility for the use made by the customer of products bought on the web site.
ARTICLE 9. DISPUTESThe present contract is submitted to French laws.
If an amicable solution can not be found in the event of a dispute between the Editions A Coeur Joie and a customer, the matter will come under the juridiction of Lyon courts.
The provisions in the present document do not affect the rights of customers living outside France regarding to the rules laid down in international agreements.