Terms of Sales
Publisher: CHARLES PHILIPPE PRESSES (CPPRESSE) Head office: 7 rue Léonard de Vinci – 92160 Antony – FRANCE – Tel: 0033(1) 60 11 10 940033(1) 60 11 10 94 – Fax/0033(1) 42 37 73 39 RCS Nanterre B 444,984,801 – Code NAF: intracommunity 5814Z SIRET 44498480100035 VAT: FR63444984801 Shelterer: OVH – 2 rue Kellermann – 59100 Roubaix – France. SAS with the capital of 10,059,500 € RCS Lille Metropolis 424,761,419 00045 – Code APE 6202A – N° VAT: FR 22,424,761 419
N° of declaration CNIL: 1848186 v 0
Contact Customer service – Subscription magazine:
- From France: 01 60 11 10 9401 60 11 10 94 (of the Monday to Friday of 9:00 à18h00)
- Since the foreigner: 0033/1 60 11 10 940033/1 60 11 10 94
- By mail: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony
- By email: click on the topic “contact”
For the clearness of these general terms of sale (hereafter “TERMS AND CONDITIONS”), it seems useful to define the following terms explicitly:
- Trade name “CPPRESSE” indicates the private limited company Charles Philippe Presse.
- The term “Site” indicates the accessible Boutiquecppresse.com site at the address: www.boutiquecppresse.com
- The term “Customer” nominates the natural person or moral placing order of products and/or services on the Site.
- The “Produced” term indicates any article and subscription with (X) the magazine (S), proposed on the Site and being able to be the object of an order by the Customer.
- The term “Subscription” indicates any adhesion by the Customer with an offer of subscription proposed on the Site allowing him, in the event of subscription with a magazine paper, to receive it in its residence and in the event of subscription with a digital magazine, to receive it on the supports suggested on the Site.
- The term “Services” indicates any performance of service suggested on the Site and being able to be the object of an order by the Customer.
- The term “Own account” indicates the whole of the personal data relative to a visitor, in particular including his elements of identity like its logins, enabling him to become a Customer.
- Article 1 – Access terms
- Article 2 – Price
- Article 3 – Conformity of the products
- Article 4 – Order
- Article 5 – Availability
- Article 6 – Delivery
- Article 7 – Payment
- Article 8 – Security
- Article 9 – Time of retractation
- Article 10 – Defect of a product
- Article 11 – Cancellation of a subscription print and digital
- Article 12 – Customer service
- Article 13 – Responsibility
- Article 14 – legal Warranties
- Article 15 – Conservation and Filing
- Article 16 – Intellectual property
- Article 17 – Warranty and Responsibility
- Article 18 – Codes of conduct
- Article 19 – applicable Duty – litigations
1 – 1 the access to the Site, its consultation and its use for a purchase whatever it is, involves the general acceptance of present the TERMS AND CONDITIONS. This acceptance famous is acquired since the Customer notched the box corresponding to the mention “I accept the general terms of sale of the site”, at the time of its registration by the creation of its Own account on the Site. The Customer declares at least 18 year be old and to have legal capacity or to be titular of a parental authorization allowing him to carry out an order on the Site. CPPRESSE reserves the right to cancel any Own account opened by a minor who would not justify this authorization. The access to the Site is possible twenty-four (24) hours out of twenty-four (24), seven (7) days out of seven (7) except in the event of major force or of event out of control of CPPRESSE and subject to the possible breakdowns and interventions of maintenance necessary to the good performance of the Site which could be carried out without to have informed the first Customer of it. Any connection to the Site via an Own account will be supposed to be carried out by the holder of the aforesaid Own account and under his exclusive responsibility.
1 – 2 the Site is accessible free to any Customer having an Internet access. All the software and hardware requirements with the use or the operation of the Services of the Site, the access to the Internet or the expenses of connection are with its load. It is only responsible for the good performance of its computer equipment and its Internet access.
1 – 3 the purchase of the Products and Proposed services on and by the Site requires a registration online and, in particular, the creation of an Own account implying the use of a login and a password, with the risks and dangers of the Customer. The selected password is personal and confidential. It is up to the Customer to take all the necessary measures making it possible to protect these data. CPPRESSE is for its part committed putting in place all means of which it lays out to guarantee the security and the data confidentiality thus transmitted. At the time of his registration online, the Customer commits himself providing exact, up to date, complete information on his identity and not carrying not reached with the rights of third. He in particular commits himself not using of an identity false or usurped likely to induce CPPRESSE or the thirds in error. Failing this, CPPRESSE reserves the right to immediately suspend, without notice, nor allowance, its Own account or of him to refuse the access of them in a temporary or final way. The Customer is held to provide a valid address e-mail and to update his personal data. He can be created one Own account by Customer.
1 – 4 the period of validity of an Own account is unspecified. CPPRESSE books nevertheless faculty to remove automatically, without notice nor allowance, any Own account not activated during more than four twenty ten (90) days consecutive as from its creation by a Customer. In the same way, CPPRESSE books faculty automatically to remove, without notice, nor allowance, any Own account in the event of violation (S) serious (S) and/or repeated (S) by the Customer of the stipulations of present the TERMS AND CONDITIONS.
2 – 1 the prices of the Products and Services are indicated in euro (€), US dollar ($) and Pounds sterling (£) all taxation understood except share in the expenses of treatment and forwarding of each card accompanying the Product or the Service put on sale. With regard to the price of the books, this one is established in the strict respect of the law Lang n° 81 -766 dated August 10th, 1981.
2 – The 2 All orders whatever their origin are payable in euro (€), US dollar ($) or Pounds sterling (£).
2 – 3 CPPRESSE reserve the right to modify our prices without notice constantly but the Products and Services will be invoicees on the basis of going rate at the time of the recording of the orders, subject to availability. The Products remain the property of CPPRESSE until the complete payment of the price, except for the numbers been used for the title of the subscription to (X) the magazine (S).
ARTICLE 3 – CONFORMITY OF THE PRODUCTS
CPPRESSE will make its best efforts so that the photographic representation of the Products and Services is most faithful possible to the Products and Services in themselves. However, it is possible that perception by the Customer of the photographic representation of the Products and Services does not correspond exactly to the Product and Service in itself.
4 – 1 CPPRESSE makes its best efforts to bring to the Customers the most complete information concerning the Products and Proposed services on the Site. The access to the Products and Services is carried out while clicking on the corresponding card, which details the conditions of the offer as well as the possible reductions in price. The validation of an order on the Site is carried out while clicking on the button “To pay my order” present at the time of the summary of the aforesaid order. CPPRESSE reserves the right to cancel or refuse the order of a Customer with whom there would exist a litigation relating to the payment of a former order.
4 – 2 the making of an order can be carried out according to the following methods:
- By telephone with the number 01 60 11 10 9401 60 11 10 94 – Customer service – CPPRESSE – opened Monday to Friday some 9 a.m. to 6 p.m.
- Online on the Site, by selecting the offers of the Products and Services available. Contractual information is presented in French language.
4 – 3 In the event of ordering of a Product per telephone, a delivery order being worth confirmation of order will be joined to known as Produced.
4 – 4 In the event of order on the Site:
- ordering of a Product except Subscription: The Customer will receive a concomitant confirmation with the order in the form of e-mail addressed on his mailbox then a delivery order, being worth confirmation of order, will be joined to known as Produced.
- ordering of a Subscription: the Customer will receive by e-mail addressed on his mailbox a confirmation of the installation of this Subscription and specifying the first number been useful of the magazine concerned. The date of starting of the Subscription is only indicative and can, at most, to vary from a number.
- ordering of a Service: The Customer will receive a concomitant confirmation with the order in the form of e-mail addressed on his mailbox.
These orders online require that the Customer has a mailbox in good state of operation. Failing this, it will not be able to receive written confirmation of its order. It is recommended to him to preserve this confirmation or to print it.
5 – 1 Our offers of Products and Services are made within the limit of stocks available. The responsibility for CPPRESSE could not be put in question in the event of delay or of suspension of production of a Product coming from a third person receiving benefits. In the same way, it could not be committed in the event of stop, by a third partner, supply of a Proposed service on the Site. In the event of unavailability of the Products and Services after making of an order, the latter will be cancelled automatically. CPPRESSE will hold the Customer informed as soon as possible and by mail of this cancellation as well as methods of refunding. CPPRESSE will hold the Customer informed as soon as possible, in writing of this cancellation as well as methods of refunding. It will refund the Customer of the totality of the sums that this last poured, including the expenses of delivery of the order (within the limit of the mode of standard delivery), within a 14 day maximum delay as from the notification of the aforesaid cancellation orders. CPPRESSE will refund by credit transfer the Customers having paid by credit card. He will propose to the Customers having paid by cheque a refunding, is by credit transfer if the Customer agrees to transmit his banking contact to him, that is to say by cheque in return.
5 – 2 the stop of a magazine causes:
- maybe with the delivery, for the value remaining of the Subscription, of another publication of CPPRESSE.
- maybe with the refunding of the numbers of the remaining Subscription to be useful.
The Products are delivered intended for delivery as indicated during the ordering. The Customer commits himself taking delivery of the Products thus ordered. In the event of ordering of a Product other than a Subscription, CPPRESSE will endeavour to answer the customer order within a period of three weeks maximum, as from the date of the order. In the absence of respect of this time, the Customer will have faculty to cancel his order and will be refunded under the conditions determined in article 5.1 above. If a forwarding of the Product other than a Subscription would be envisaged in the form of one recommended, if this one is not recovered by the Customer at the post office and is in the intended deadlines returned to the shipper, the second sending will be the responsibility of the Customer. In the event of deliverable Products on different dates taking into account their availability, the delivery period will be based on the longest time. CPPRESSE books however the possibility of splitting the deliveries. The share in the expenses of treatment and forwarding will be invoiced with the Customer for only one sending. In the event of damage which have occurred during the transport of the ordered Products, the Customer will have a three days deadline as from the aforementioned delivery in order to formulate a justified protest. With this intention, it will have to contact following CPPRESSE at the address: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony. Any order placed on the Site and delivered out of France could be subjected to possible taxes and customs duties which are imposed when the parcel arrives to its destination. These possible taxes and customs duties are the responsibility of the Customer. He belongs to him to get information near the competent jurisdictions country.
The regulation of the purchases is carried out by credit card (Visa or Master Card), by Paypal or direct debit on credit card when this opportunity is given. The flow of a credit card is carried out at the time of the validation of the order. The flow of a cheque is carried out as of its reception.
The Site is the object of a system of security aiming at most effectively protecting possible all the significant data related to the means of payment. The banking data are transmitted in only once during the credit card payment online. This transmission is carried out in a secure way thanks to an encoding of the data by technology SSL (Secure Socket Layer). Constantly, the Customer can still check that it is on a page made safe by observing the address of the page and the bar of state displayed in bottom of the window of the browser. The address of a page made safe by protocol SSL starts with a followed lock by https and not with HTTP (the letter “S” is added). Lastly, when the Customer leaves the made safe page, a new dialog box informs some, except if it parameterized his browser to block this posting. ARTICLE 9 – TIME OF RETRACTATION
In accordance with the provisions of article 121-20 of the Code of consumption, the Customer has the right to retract during a 14 days deadline as from:
- the contract signature for a Service,
- reception of the Product for the sale of a Product,
- reception of the last Product in the event of order of several Products.
The Customer will send his decision of retractation. The Customer has a 14 days additional time as from his decision of retractation to return his Product. The Products except Subscriptions, turned over incomplete, damaged, damaged or dirtied by the Customer neither will be taken again, nor refunded
CPPRESSE will refund the Customer of the totality of the sums that this last poured, including the expenses of delivery of the order (within the limit of the mode of standard delivery), within a 14 day maximum delay as from the reception of the Product by the company. Only the expenses of return will be the responsibility of the Customer. The returns are to be carried out at the address following: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony CPPRESSE will refund by credit transfer the Customers having paid by credit card. He will propose to the Customers having paid by cheque a refunding, is by credit transfer if the Customer agrees to transmit his banking contact to him, that is to say by cheque in return.
ARTICLE 10 – DEFECT OF A PRODUCT
CPPRESSE is committed to refund the Customer or replacing very Produced comprising a hidden defect making it unsuitable with use for which it is intended. The Customer will have to mention manner detailed on the delivery order and to return the Products concerned of it. CPPRESSE will carry out then the exchange or the refunding of the Products. The expenses of sending and return will be refunded with the Customer. Any refunding of a Product for some reason that it is, will be carried out within a reasonable delay after the reception of the Products by CPPRESSE. This refunding will be carried out either by credit on the bank account of the Customer or by bank check addressed to the Customer whom have placed the order and to his bill-to-address.
ARTICLE 11 – CANCELLATION OF A SUBSCRIPTION PRINT AND DIGITAL
11 – 1 the Customer will have the ability, for some reason that it is, to stop its Subscription constantly, on request addressed by mail recommended at the address following: CPPRESSE – Service Subscriptions – 7 rue Léonard de Vinci – 92160 Antony.
11 – 2 CPPRESSE will be able to cancel the full Subscription and to carry out its desactivation without notice in the event of non-payment of the sums due.
For any information or question, the Customer service of CPPRESSE is at disposal of the Customers: Tel.: 01 60 11 10 9401 60 11 10 94 Addresses: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony.
The responsibility for CPPRESSE is limited to the only offer of the Products and Services and could not in no case to be committed because of their use by the Customer. The Products and Services are in conformity with the French legislation into force. The responsibility for CPPRESSE could not be committed in the event of non-observance of the legislation of the country where the Products or Services are delivered. It is up to the Customer to check near the local authorities the possibilities of importation or use of the Products or Services which he plans to order. The photographs and the texts illustrating the Products and Services presented on the Site are not contractual. Consequently, the responsibility for CPPRESSE could not be committed in the event of error in one of these photographs or one of these texts. The emergency suspends the obligations of CPPRESSE born of the ordering of a Product or a Service.
14 – 1 legal Warranty of conformity
Under the terms of article 211-4 of the Code of consumption: “The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery. He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility. ” Under the terms of article 211-5 of the Code of consumption: “To be in conformity with the contract, the good must: ” 1. To be specific to the usually expected use of a similar good and, if necessary:
- to correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model;
- to have qualities until a purchaser can legitimately wait in view of public statements made by the salesman, the producer or his representative, in particular in publicity or labelling;
2. Or to show the characteristics defined by mutual agreement by the parts or to be specific to any special use searched by the purchaser, made available of the salesman and that this last accepted. “Under the terms of article 211-7 of the Code of consumption: “The defects of conformity which appear within a period of six months starting from the delivery of the good are supposed to exist at the time of the delivery, except contrary proof. The salesman can fight this presumption if this one is not compatible with the nature of the good or the called upon defect of conformity. ” Under the terms of article 211-10 of the Code of consumption: “If the repair and the replacement of the good are impossible, the purchaser can return the good and be made restore the price or keep the good and be made return part of the price. Same faculty is open for him: 1. If the solution required, suggested or agreed pursuant to the article L. 211-9 cannot be put in work within one month following the claim of the purchaser; 2. Or if this solution cannot the being without major drawback for this one taking into account the nature of the good and the use which it searches. The resolution of the sale cannot however be marked if the defect of conformity is minor. ” Under the terms of article 211-12 of the Code of consumption: “The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good. ”
14 – 2 legal Warranty of the latent defects
Under the terms of article 1641 of the Civil code: “The salesman is held of the warranty at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease this use so much that the purchaser would not have acquired it, or only one less price would have given any, if he had known them. ” Under the terms of article 1645 of the Civil code: “If the salesman knew the defects of the thing, it is held, in addition to the restitution of the price that it received some, of all the damages towards the purchaser. ” Under the terms of article 1646 of the Civil code: “If the salesman were unaware of the defects of the thing, it will be held only with the restitution of the price, and to refund with the purchaser the expenses caused by the sale. ” Under the terms of article 1648 of the Civil code: “The action resulting from the redhibitory defects must be brought by the purchaser within a period of two years as from the discovery of the defect. In the case envisaged by article 1642-1, the action must be introduced, hardly preclusion, in the year which follows the date on which the salesman can be discharged from the defects or the apparent defects of conformity. ”
14 – 3 Implementation of the legal warranties
For any request concerning the legal warranties concerned above, the Customer has the ability to contact the Customer service Contact Customer service – Subscription magazine:
- From France: 01 60 11 10 9401 60 11 10 94 (of the Monday to Friday of 9:00 à18h00)
- Since the foreigner: 0033/1 60 11 10 940033/1 60 11 10 94
- By mail: CPPRESSE – 7 rue Léonard de Vinci – 92160 Antony
- By email: click here
ARTICLE 15 – CONSERVATION AND FILING
In accordance with the provisions of the Law for confidence in the digital economy of June 21st, 2004, CPPRESSE is held, in its capacity as shelterer of contents to hold and preserve the data likely to allow the identification of any person having diffused contents by its intermediary, for the case where the legal authorities would make the request of it. The data files preserved in the computer systems of CPPRESSE under reasonable conditions of security, will be regarded as the evidence of the various transmissions of information between the Customer and CPPRESSE, making it possible this last to ensure the treatments desired by the Customer. The filing of these data is carried out on a reliable and durable support so as to correspond to a faithful and durable copy, in accordance with article 1348 of the Civil code. In the event of conflict between these data files and any document of the Customer, the data files of CPPRESSE will take precedence over the documents of the Customer and will be only allowed as proof.
ARTICLE 16 – INTELLECTUAL PROPERTY
CPPRESSE has the exclusive rights of intellectual property on the whole of the leading contents of the Site including in particular texts, graphics, software, photographs, images, videos, sounds, plans, names, logos, brands, creations and works protégeables various, databases, on the structure and the organization of the Site and, more generally, on the whole of the elements of design of the Site, indicated hereafter “the Elements”. The constituent whole of the Elements of 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 about it made without the assent of their authors or their beneficiaries, is illicit. The Customer cannot thus modify, copy, transmit by e-mail or in any other manner, yield, download, display and, generally, exploit the Elements.
The Customer engages consequently with:
- not to download the Elements except for a personal use and limited in time;
- not to print on paper medium the downloaded Elements except if these copies are strictly limited to a personal use;
- not to reproduce the digital version of the Elements at ends of press review;
- not to deteriorate, modify, move, withdraw or replace the Elements.
One is reminded that the violation of the one of the copyrights attached to the Elements of the Site constitutes a forgery offence punished in France by the article L 335-2 of the Code of the intellectual property and liable three years of imprisonment and 300.000€ of fine.
ARTICLE 17 – WARRANTY AND RESPONSIBILITY
CPPRESSE is committed making its best efforts in order to make safe the access, the consultation and the use of the Site in accordance with the rules of uses of the Internet. Consequently, the responsibility for CPPRESSE cannot be committed in the following cases (including in the event of damage undergone by third parties):
- temporary interruptions of the Site necessary to its evolution, maintenance, or more generally in the event of update of certain files;
- difficulties of operation or temporary interruption of the Site independently of the will of CPPRESSE in particular in the event of interruption of the services of electricity or telecommunication;
- failures or dysfunctions of Internet network in the transmission of messages or documents;
- suppression, impossibility of storage, incorrect or inappropriate transmission of the leading contents being reproduced on the Site.
In addition, the Customer only remains responsible for the damage and damages, direct or indirect, material or immaterial since they would have due, base or origin a use of the Site by itself or any person authorized by him to use this Site, that this use is carried out in a or not fraudulent fraudulent way. He thus gives up expressly any claim or legal action relative to such damage and damages, on the base of the contractual liability for CPPRESSE in his capacity as editor of this Site or on any other base.
The Customer states to accept the characteristics and the limits of the Internet and, in particular, recognizes:
- that he is aware of the nature of the Internet, in particular of his technical performances and the response times to consult, to question the leading contents of the Site;
- that the communication of its possible any information or its password and identifying sound and access codes precisely generally considered to be confidential is carried out under its own responsibility;
- that it belongs to him to take all necessary measures to make sure that the features of its computer allow him the consultation of the Site;
- that it belongs to him to take all the appropriate measures in order to protect its own data and/or software of the contamination by possible viruses circulating through the Site.
If the responsibility for CPPRESSE would be searched because of a failure by a Customer with the obligations which fall on to him under the law or of present the TERMS AND CONDITIONS, this last begins to guarantee CPPRESSE against any judgment pronounced in its opposition, this warranty covering so much the damages which would be possibly versed that the related expenses there.
ARTICLE 18 – APPLICABLE DUTY – LITIGATIONS
Present the TERMS AND CONDITIONS are written in French language and are subjected to the French law. In the event of litigation, the Customer will address himself in priority to Group CPPRESSE in order to solve it by amicable agreement. In the event of litigation with professionals and/or tradesmen, the courts of Nanterre (France) will be qualified. In the event of litigation with a consumer, the French courts will be qualified. One is reminded that pursuant to the provisions of the article L. 141-5 of the Code of consumption, “the consumer can seize with his choice, in addition to one of the jurisdictions territorially qualified under the terms of the Code of civil procedure, the jurisdiction of the place where he remained at the time of the conclusion of the contract or the supervening of the detrimental fact”.