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CPPRESSE

Terms and Conditions of Sale

Publisher: CHARLES PHILIPPE PRESSE (CPPRESSE) Head office: 7 rue Léonard de Vinci – 92160 Antony Tel : 0033(1) 60 11 10 94 – Fax / 0033(1) 42 37 73 39 RCS Nanterre B 444 984 801- Code NAF : 5814Z SIRET 44498480100035 TVA intracommunautaire: FR63444984801 Host : OVH – 2 rue Kellermann – 59100 Roubaix – France. SAS with capital of €10,059,500 RCS Lille Métropole 424 761 419 00045 – Code APE 6202A – VAT no.: FR 22 424 761 419
CNIL declaration no.: 1848186 v 0

Contact Customer Service – Magazine subscription :

  • From France: 01 60 11 10 94 (Monday to Friday from 9am to 6pm)
  • From abroad: 0033 / 1 60 11 10 94
  • By mail: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony
  • By email: click on the “contact” section

Preamble

For the clarity of these general terms and conditions of sale (hereinafter “the GTC”), it seems useful to explicitly define the following terms:

  • The trade name ” CPPRESSE ” designates the SARL Charles Philippe Presse.
  • The term “Site” designates the Boutiquecppresse.com site accessible at the following address: www.boutiquecppresse.com
  • The term “Customer” refers to the natural or legal person placing an order for products and/or services on the Site.
  • The term “Product” refers to any article and subscription to the magazine(s) offered on the Site and which may be ordered by the Customer.
  • The term “Subscription” refers to any subscription offered by the Customer on the Site allowing him/her, in the case of a subscription to a paper magazine, to receive it at his/her home and in the case of a subscription to a digital magazine, to receive it on the media offered on the Site.
  • The term “Services” refers to any service offered on the Site that can be ordered by the Customer.
  • The term “Personal Account” refers to all personal data relating to a visitor, including his or her identity and identifiers, enabling him or her to become a Customer.

The Terms and Conditions of Sale govern any transaction carried out on the Site between CPPRESSE and its Customer. They may be modified at any time, unilaterally by CPPRESSE, according to the changes or additions made, in order to comply with all legal, jurisprudential, editorial and/or technical developments. The new terms and conditions will be enforceable against him as of their online publication and applied to orders after this date. It is therefore advised to refer to the latest version of the GTCs before accessing the Site, which can be accessed at any time. In case of disagreement with the T&Cs, no use of the Site can be made. These provisions apply concurrently with the Charter for the protection of data and the General Conditions of Use of the Site”.

ARTICLE 1 – ACCESS CONDITIONS

1 – 1 Access to the Site, its consultation and its use for a purchase of any kind, entails the unreserved acceptance of these GTC. This acceptance is deemed to be acquired when the Customer has checked the box corresponding to the words “I accept the general terms and conditions of sale of the site”, at the time of registration by creating his Personal Account on the Site. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site. CPPRESSE reserves the right to terminate any Personal Account opened by a minor who does not provide such authorization. Access to the Site is possible twenty-four (24) hours a day, seven (7) days a week, except in the event of force majeure or an event beyond CPPRESSE’s control, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Site, which may be carried out without prior notice to the Customer. Any connection to the Site via a Personal Account will be presumed to have been made by the holder of the said Personal Account and under his exclusive responsibility.

1 – 2 The Site is accessible free of charge to any Customer with Internet access. All software and hardware necessary for the use or operation of the Site’s Services, Internet access or connection fees are the responsibility of the user. He is solely responsible for the proper functioning of his computer equipment and Internet access.

1 – 3 The purchase of Products and Services offered on and through the Site requires online registration and, in particular, the creation of a Personal Account involving the use of an identifier and a password, at the Customer’s risk. The chosen password is personal and confidential. It is up to the Customer to take all necessary measures to protect this data. CPPRESSE undertakes to put in place all the means at its disposal to guarantee the security and confidentiality of the data thus transmitted. When registering online, the Customer undertakes to provide accurate, up-to-date and complete information on his identity and not to infringe the rights of third parties. In particular, the user undertakes not to use a false or misleading identity that could mislead CPPRESSE or third parties. In the event of failure to do so, CPPRESSE reserves the right to immediately suspend, without notice or compensation, the User’s Personal Account or to deny access to it temporarily or permanently. The Customer is required to provide a valid email address and to update his personal data. Only one Personal Account can be created per Customer.

1 – 4 The validity period of a Personal Account is indefinite. CPPRESSE nevertheless reserves the right to automatically delete, without notice or compensation, any Personal Account that has not been activated for more than ninety (90) consecutive days from its creation by a Customer. Similarly, CPPRESSE reserves the right to automatically delete, without notice or compensation, any Personal Account in the event of serious and/or repeated violation(s) by the Customer of the provisions of these GTC.

ARTICLE 2 – PRICES

2 – 1 The prices of the Products and Services are indicated in Euros (€), US Dollars ($) and British Pounds (£), all taxes included, except for processing and shipping costs, on each of the sheets accompanying the Product or Service offered for sale. The price of books is established in strict compliance with the Lang law n° 81 -766 dated August 10, 1981.

2 – 2 All orders, regardless of their origin, are payable in Euros (€), US Dollars ($) or British Pounds (£).

2 – 3 CPPRESSE reserves the right to modify our prices at any time without notice but the Products and Services will be invoiced on the basis of the rates in force at the time of the registration of orders, subject to availability. The Products remain the property of CPPRESSE until full payment of the price, with the exception of the issues served under the subscription to the magazine(s).

ARTICLE 3 – PRODUCT COMPLIANCE

CPPRESSE will use its best efforts to ensure that the photographic representation of the Products and Services is as accurate as possible to the Products and Services themselves. However, the Customer’s perception of the photographic representation of the Products and Services may not correspond exactly to the Product and Service itself.

ARTICLE 4 – ORDERING

4 – 1 CPPRESSE makes its best efforts to provide Customers with the most complete information concerning the Products and Services offered on the Site. Access to the Products and Services is achieved by clicking on the corresponding card, which details the conditions of the offer as well as any price reductions. The validation of an order on the Site is carried out by clicking on the button “Pay my order” present during the summary of the aforementioned order. CPPRESSE reserves the right to cancel or refuse the order of a Customer with whom there would be a dispute relating to the payment of a previous order.

4 – 2 The placing of an order can be done in the following ways:

  • By phone at 01 60 11 10 94 – Customer Service – CPPRESSE – open from Monday to Friday from 9 am to 6 pm.
  • Online on the Site, by selecting the available Products and Services offers. The contractual information is presented in French language.

4 – 3 In the event of an order for a Product by telephone, a delivery note confirming the order will be attached to the said Product.

4 – 4 In case of order on the Site :

  • order of a Product except Subscription: The Customer will receive a confirmation concomitant to the order in the form of an e-mail sent to his mailbox and then a delivery note, valid as confirmation of the order, will be attached to the said Product.
  • Ordering a Subscription: the Customer will receive by e-mail sent to his mailbox a confirmation of the installation of this Subscription and specifying the first issue served of the magazine concerned. The start date of the Subscription is indicative only and may vary by one issue at most.
  • Ordering a Service: The Customer will receive a confirmation concomitant to the order in the form of an e-mail sent to his mailbox.

These online orders require that the Customer has a functioning mailbox. Otherwise, he will not receive written confirmation of his order. It is recommended that you keep this confirmation or print it.

ARTICLE 5 – AVAILABILITY

5 – 1 Our offers of Products and Services are proposed within the limits of available stocks. CPPRESSE shall not be held liable in the event of delay or cessation of production of a Product from a third party supplier. In the same way, it cannot be committed in the event that a third party stops providing a Service offered on the Site. In case of unavailability of Products and Services after an order has been placed, the latter will be automatically cancelled. CPPRESSE will inform the Customer as soon as possible and by mail of this cancellation as well as the terms of refund. CPPRESSE will inform the Customer as soon as possible, in writing, of this cancellation as well as the terms of reimbursement. It will reimburse the Customer for the totality of the sums paid by the latter, including the delivery costs of the order (within the limit of the standard delivery method), within a maximum period of 14 days from the notification of the cancellation of the said order. CPPRESSE will reimburse by bank transfer the Customers having paid by credit card. It will propose to the Customers having paid by check a refund, either by bank transfer if the Customer agrees to transmit his banking coordinates to him, or by check in return.

5 – 2 Stopping a magazine results in :

  • or to the delivery, for the remaining value of the Subscription, of another CPPRESSE publication.
  • or to the reimbursement of the remaining numbers of the Subscription to be served.

ARTICLE 6 – DELIVERY

The Products are delivered to the delivery address as indicated at the time of the order. The Customer undertakes to take delivery of the Products thus ordered. In the event of an order for a Product other than a Subscription, CPPRESSE will endeavor to respond to the Customer’s order within a maximum of three weeks from the date of the order. If this time limit is not respected, the Customer will have the right to cancel his order and will be reimbursed under the conditions determined in article 5.1 above. In the event that a shipment of the Product other than a Subscription is planned in the form of a registered letter, if the latter is not collected by the Customer from the post office within the specified time and returned to the sender, the second shipment will be charged to the Customer. In case of Products that can be delivered on different dates due to their availability, the delivery time will be based on the longest time. CPPRESSE reserves the right to split deliveries. The Customer will be charged for the processing and shipping costs for a single shipment. In the event of damage occurring during the transport of the ordered Products, the Customer shall have a period of three days from the said delivery to make a reasoned protest. To do so, he/she should contact CPPRESSE at the following address CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony. Any order placed on the Site and delivered outside France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These taxes and possible customs duties are at the charge of the Customer. It is the responsibility of the customer to obtain information from the competent authorities in the country.

ARTICLE 7 – PAYMENT

The payment of the purchases is made by bank card (Visa or Master Card), by PayPal or by direct debit on bank card when this possibility is offered. The debit of a credit card is made at the time of the validation of the order. A check is debited upon receipt.

ARTICLE 8 – SECURITY

The Site is subject to a security system designed to protect all sensitive data related to payment methods as effectively as possible. The banking data are transmitted in one time during the payment by credit card online. This transmission is carried out in a secure manner thanks to data encryption using SSL (Secure Socket Layer) technology. At any time, the Customer can still verify that he/she is on a secure page by observing the page address and the status bar displayed at the bottom of the browser window. The address of a page secured by the SSL protocol begins with a padlock followed by https and not by http (the letter “s” is added). Finally, when the Customer leaves the secured page, a new dialog box warns him, unless he has set his browser to block this display. ARTICLE 9 – WITHDRAWAL PERIOD

In accordance with the provisions of Article 121-20 of the Consumer Code, the Customer has the right to withdraw during a period of 14 days from :

  • the conclusion of the contract for a Service,
  • the receipt of the Product for the sale of a Product,
  • the reception of the last Product in case of an order of several Products.

The Customer will send his decision of withdrawal. The Customer has an additional period of 14 days from the date of his decision to withdraw to return his Product. Products other than Subscriptions, returned incomplete, damaged or soiled by the Customer will not be returned or refunded

CPPRESSE will reimburse the Customer for the totality of the sums paid by the latter, including the delivery costs of the order (within the limit of the standard delivery method), within a maximum period of 14 days from the receipt of the Product by the company. Only the return shipping costs will be charged to the Customer. Returns should be made to the following address: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony – France CPPRESSE will reimburse by bank transfer the Customers who paid by credit card. It will propose to the Customers having paid by check a refund, either by bank transfer if the Customer agrees to transmit his banking coordinates to him, or by check in return.

ARTICLE 10 – PRODUCT DEFECT

CPPRESSE undertakes to reimburse the Customer or to replace any Product with a hidden defect making it unfit for its intended use. The Customer shall make a detailed statement on the delivery note and return the Product(s) concerned. CPPRESSE will then exchange or refund the Product(s). The shipping and return costs will be refunded to the Customer. Any refund of a Product for any reason whatsoever will be made within a reasonable time after receipt of the Product(s) by CPPRESSE. This reimbursement will be made either by crediting the Customer’s bank account or by bank check sent in the name of the Customer who placed the order and to his billing address.

ARTICLE 11 – TERMINATION OF A PRINT AND DIGITAL SUBSCRIPTION

11 – 1 The Customer shall have the right, for any reason whatsoever, to interrupt its Subscription at any time, by simple request sent by registered mail to the following address CPPRESSE – Subscription Department – 7 rue Léonard de Vinci – 92160 Antony.

11 – 2 CPPRESSE may terminate the Subscription by operation of law and deactivate it without notice in the event of non-payment of the sums due.

ARTICLE 12 – CUSTOMER SERVICE

For any information or question, the Customer Service of CPPRESSE is available to the Customers: Tel : 01 60 11 10 94 Address : CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony.

ARTICLE 13 – LIABILITY

CPPRESSE’s liability is limited to the sole offer of the Products and Services and shall in no case be engaged because of their use by the Customer. The Products and Services comply with current French legislation. CPPRESSE shall not be held liable in case of non-compliance with the legislation of the country where the Products or Services are delivered. It is the Customer’s responsibility to check with the local authorities the possibilities of importing or using the Products or Services he/she intends to order. The photographs and texts illustrating the Products and Services presented on the Site are not contractual. Consequently, CPPRESSE cannot be held responsible for any error in one of these photographs or texts. The case of force majeure suspends CPPRESSE’s obligations arising from the order of a Product or a Service.

ARTICLE 14 – LEGAL GUARANTEES

14 – 1 Legal warranty of conformity

Under Article 211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility. Under Article 211-5 of the Consumer Code: “To be in conformity with the contract, the goods must:” 1. Be fit for the purpose ordinarily expected of similar property and, if applicable

  • correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
  • have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. “Under Article 211-7 of the Consumer Code: ‘Defects of conformity that appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.” Under Article 211-10 of the Consumer Code: “If repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month following the buyer’s complaint 2. or if this solution cannot be achieved without major inconvenience to the customer, given the nature of the property and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor. “Under Article 211-12 of the Consumer Code: ‘The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

14 – 2 Legal guarantee against hidden defects

Under Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given a lesser price for it, if he had known of them.” Under Article 1645 of the Civil Code: “If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer. Under Article 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he shall be bound only to the restitution of the price, and to reimburse the purchaser for the expenses incurred by the sale.” According to article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.”

14 – 3 Implementation of legal guarantees

For any request concerning the above-mentioned legal guarantees, the Customer may contact the Customer Service Contact Customer Service – Magazine subscription :

  • From France: 01 60 11 10 94 (Monday to Friday from 9am to 6pm)
  • From abroad: 0033 / 1 60 11 10 94
  • By mail: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony
  • By email: click here

ARTICLE 15 – STORAGE AND ARCHIVING

In accordance with the provisions of the Law for confidence in the digital economy of June 21, 2004, CPPRESSE is required, in its capacity as a content host, to hold and retain data likely to allow the identification of any person who has disseminated content through its intermediary, in the event that the judicial authorities should so request. The computerized files kept in CPPRESSE’s computer systems under reasonable security conditions will be considered as proof of the various transmissions of information between the Customer and CPPRESSE, enabling the latter to carry out the processing requested by the Customer. The archiving of these data is made on a reliable and durable support so as to correspond to a faithful and durable copy, in accordance with the article 1348 of the Civil code. In the event of a conflict between these computerized files and any of the Customer’s documents, CPPRESSE’s computerized files will take precedence over the Customer’s documents and will be the only ones admitted as proof.

ARTICLE 16 – INTELLECTUAL PROPERTY

CPPRESSE has exclusive intellectual property rights over all of the Site’s editorial content, including, in particular, text, graphics, software, photographs, images, videos, sounds, plans, names, logos, trademarks, creations and various copyrightable works, databases, the structure and organization of the Site and, more generally, all of the Site’s design elements, hereinafter referred to as “the Elements”. The whole of the Elements constituting works within the meaning of the provisions of the article L 112-1 of the Code of the intellectual property, any representation or reproduction, integral or partial, which could be made without the assent of their authors or their assignees, is illicit. The Customer may not modify, copy, transmit by e-mail or in any other way, transfer, download, display and, in general, exploit the Elements.

The Client therefore undertakes to:

  • not to download the Elements except for personal use and limited in time;
  • not to print the downloaded Elements on paper unless these copies are strictly limited to personal use;
  • not to reproduce the digital version of the Elements for press review purposes;
  • not alter, modify, move, remove or replace the Elements.

It is reminded that the violation of one of the copyrights attached to the Elements of the Site constitutes an infringement punishable in France by Article L 335-2 of the Code of Intellectual Property and punishable by three years imprisonment and a fine of 300,000 €.

ARTICLE 17 – WARRANTY AND LIABILITY

CPPRESSE undertakes to make its best efforts to secure access, consultation and use of the Site in accordance with the rules of use of the Internet. Consequently, CPPRESSE cannot be held responsible in the following cases (including in the case of damage suffered by third parties):

  • momentary interruptions of the Site necessary to its evolution, maintenance, or more generally in case of update of certain files;
  • operating difficulties or temporary interruption of the Site beyond the control of CPPRESSE, in particular in the event of interruption of electricity or telecommunication services;
  • failures or malfunctions of the Internet network in the transmission of messages or documents;
  • deletion, impossibility of storage, incorrect or untimely transmission of the editorial contents appearing on the Site.

Furthermore, the Customer remains solely responsible for any direct or indirect, material or immaterial damage or injury, if the cause, basis or origin of such damage or injury is the use of the Site by the Customer or any person authorized by the Customer to use the Site, whether such use is made fraudulently or non-fraudulently. The user therefore expressly waives any claim or legal action relating to such damages, on the basis of the contractual liability of CPPRESSE as publisher of this Site or on any other basis.

The Customer declares to accept the characteristics and limits of the Internet and, in particular, acknowledges :

  • that he/she is aware of the nature of the Internet, in particular its technical performance and the response times for consulting and querying the editorial content of the Site;
  • that the communication of his access codes and precisely of his login and password or in a general way of any information considered confidential is carried out under his own responsibility;
  • that it is up to him to take all necessary measures to ensure that the technical characteristics of his computer allow him to consult the Site;
  • that it is up to him to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating on the Site.

In the event that CPPRESSE’s liability is sought due to a breach by a Customer of the obligations incumbent upon it under the terms of the law or of these GTC, the latter undertakes to guarantee CPPRESSE against any sentence pronounced against it, this guarantee covering both the damages and interest which may be paid and the related costs.

ARTICLE 18 – APPLICABLE LAW – DISPUTES

These GTC are written in French and are subject to French law. In the event of a dispute, the Customer shall first contact the CPPRESSE Group in order to resolve it amicably. In case of dispute with professionals and/or traders, the courts of Nanterre (France) will have jurisdiction. In case of dispute with a consumer, the French courts will be competent. Under the terms of article L. 141-5 of the French Consumer Code, “the consumer may choose, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court for the place where he lived at the time the contract was concluded or at the time the harmful event occurred”.

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