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Conditions d'Utilisation

General terms of sales of ETON DIFFUSION

  1. Introduction

    1. The present general terms of sale apply to any order placed at ETON DIFFUSION. These general terms of sale are the only applicable ones and replace all other conditions, except exemption preliminary, express and written on behalf of ETON DIFFUSION.
    2. ETON DIFFUSION reserves the possibility of modifying in any time the present general terms of sale. In the event of modification, it will be applied to each order the general terms of sale in force at the day of the order.
    3. The validation of your order is worth general acceptance of your share of our general terms of sale.
  2. Orders

    1. You can place your order:
      1. by Internet on our Web site: www.etondiffusion.fr 24/24h and 7/7j in the page ‘contact’
      2. by fax: +33 (0)1.47.48.13.41.
      3. by mail accompanied by a purchase order and corresponding payment.
      4. in the ETON DIFFUSION bookshop: Monday to Friday - 15:00 to 19:00.
      5. to the dedicated e-mail address communicated to a professional customer when opening an account.
    2. Contractual information is expressed in French language.
    3. Eton Diffusion reserves the right to cancel or refuse any order of a customer, in particular in the event of unpaid invoices or of insolvency.
  3. Professional Account

    1. The attribution of an office account is reserved to the professionals and the refusal of opening will not engage the responsibility of ETON DIFFUSION. The opening of a professional account supposes the preliminary acceptance of the general terms of sale of ETON DIFFUSION and requires the communication of the occupational references, a bank account number or postal and of a purchase order for the administrations and the establishments managed by the rules of the public accounts.
  4. Particular Customer

    1. An order can be made without possession of a particular customer account including orders placed on the website Eton Diffusion.
    2. The ordering of a particular customer will be treated after reception of the ordering and the validation of the payment of the customer accompanying his order.
  5. Price

    1. All prices of products sold by ETON DIFFUSION are indicated in euros including tax: VAT currently 5.5% on the books and CDs integrated into a book and with 20% on the cassettes and audio CD, the videos, the CD-ROMs and DVD-ROM, the software and on the plays.
    2. The prices of the books, currently with 5.5% VAT, are defined in the respect of the Law n° 81-766 of August 10th, 1981, the unique price of a book known as Lang’s law, excluding the prices of imported books without an exclusive distributor, fixed freely.
    3. The prices at ETON DIFFUSION are subjected to the modifications of prices carried out by our suppliers and to the fluctuations of foreign exchange rates.
    4. All the orders are payable in Euros whatever their origin.
    5. The prices at ETON DIFFUSION do not include shipping costs.
  6. Validation

    1. The customer declares to have acknowledged and accepted the present general terms of sale before placing his order. Consequently, the validation of their order is worth acceptance as of these general terms of sale.
  7. Availability

    1. ETON DIFFUSION will deliver the order to the customer within the limit of stocks available. In the case of the products non-availability in stock, the offers are subject to their availability at ETON DIFFUSION’s suppliers.
    2. On the assumption of a unavailability in stocks of ETON DIFFUSION of ordered products, ETON DIFFUSION will inform the customer by mail, as of reception of the information received by the suppliers, within which time, these products could, if necessary, be delivered. In the case of a final unavailability of the ordered product, the customer will be informed as soon as possible by ETON DIFFUSION. The customer will be refunded within a fifteen days maximum period if its bank account were already debited or cash payment cashed in.
    3. Information concerning the availability of the products is provided during the placing of the order by customer. This information is indicated as an indication and do not represent in any circumstance a contractual engagement.
  8. Delivery

    1. ETON DIFFUSION delivers only in metropolitan France with exceptions. Deliveries are shipped to the delivery address specified by the customer during the ordering process.
    2. The times indicated are as an indication. ETON DIFFUSION reserves the possibility of splitting shipment. The customer will pay for packaging and shipping will be invoiced only for one sending.
    3. ETON DIFFUSION will put all effort to respect the delivery periods mentioned. Nevertheless, ETON DIFFUSION could not be held responsible for the consequences due to a possible delay of delivery or a loss of parcel caused by a third or the fact of the customer or because of an unforeseeable and insurmountable cause constitutive of a case of major force. In the event of no reception of products within the times indicated, a survey is carried out near the conveyer and can take several days. During this period, no refunding or reference could be carried out.
    4. The prices are always indicated except shipping costs. The shipping costs are invoiced according to the shipping weight establish by ETON DIFFUSION (available on request).
    5. Shipments are made by "La Poste" or other carrier of the choice of ETON DIFFUSION without possibility of complaints from the customer, unless specific mode of shipping is indicated by the customer at the time of ordering.
    6. The ordered products travel under the responsibility of the customer client.
  9. Payment

    1. For the customers not having a professional account, the payments of the orders are made payable:
      • by bank card: Credit card, Visa, Mastercard, Paypal
      • by bank cheque issued by a bank domiciled in Metropolitan France or in Monaco,
      • by bank transfer,
      • by French postal check,
      • in cash, only in the event of purchases carried out directly in ETON DIFFUSION bookshop.
    2. For the customers in account, having an office account,
      1. the invoices published by ETON DIFFUSION are established in the name of the customers having an account in the long term at ETON DIFFUSION.
      2. Unless expressly agreed otherwise by the parties, invoices from professional customers are payable within 30 days of end month, by bank card (Credit card, Visa, Mastercard, Paypal), cheques made payable to ETON DIFFUSION and by bank transfer. The orders made overseas must be paid immediately without exception as well as any first order from a new professional customer. No pre-payment discounts are practiced
      3. All complaints or litigations concerning the expiries announced by the statements of ETON DIFFUSION must be communicated to ETON DIFFUSION at the latest 15 days before the expiration date in question.
      4. In the event of late payment, in accordance with Article L 441-6 of the Commercial Code, compensation will be calculated on the basis of three times the legal interest rate in force as well as a fixed indemnity for recovery costs of 40 euros.
      5. Any delay of payment will be the subject of a revival by any means and, in the absence of payment within eight days from the date of the aforementioned deadline, the deliveries will be suspended.
      6. It is expressly stipulated that the purchaser's failure to make the payment after the first recovery mentioned in point II.e of this article, the sale will be resolved as of right if estimed good to ETON DIFFUSION, 10 days after the sending of a demand with A.R to pay recalling the intention by ETON DIFFUSION to avail itself of this clause and remained unsuccessful, without the need for any legal formality. By express agreement, in addition to the legal indemnities mentioned in point II.d of this article, failure to pay and the resolution of the sale 10 days after sending the letter of formal notice with A.R will automatically give rise to the payment of a compensation of 15% of the sums due as damages.
      7. All the invoices of ETON DIFFUSION are payable in Levallois-Perret (92300), the effects of covering not constituting exemption from this clause.
  10. Clause of reserve of property

    1. The goods dispatched and invoiced by ETON DIFFUSION remain its property as a long time as they will not have been completely paid and this in accordance with the law n° 80.335 of May 12th, 1980, supplementing article 65 of law 67.563 of July 13rd, 1967. The responsibility for the risks of loss or destruction falls on the purchaser as of the delivery, even if he is not yet owner of the delivered goods. It will have to thus support personally the various possible loads of insurance. In case of non-compliance by the purchaser with one of the settlement deadlines, the seller, without losing any of his rights and in particular that of terminating the sale as stipulated in subparagraph II.f of Article 9, may Also require by registered letter with A.R. the restitution of the goods at the expense of the buyer until the execution by the buyer of all its commitments.
  11. Return, exchange and right of retractation

    1. The particular customer has the right in accordance with the legislation in force to terminate without justification any order made by correspondence for a period of fourteen days from the receipt of the package, except for audio and video tapes, CDs and DVDs and unsealed software. Return shipping costs are the responsibility of the buyer. The price of the purchased products and shipping costs will be reimbursed within a period of fourteen days from receipt of the return: product(s) in perfect condition.
    2. The particular client can exercise the right to return via the "Contact" page of the site and will return the product or products within a 14 day delay after the request.
    3. Except right of retractation for particular clients and except error on behalf of ETON DIFFUSION, manufacturing defect or special convention, the sales of ETON DIFFUSION is made in firm account without possibility of return, resumption or exchanges of unsold goods
  12. Responsibility

    1. ETON DIFFUSION will not be held responsible of failure to the concluded contract, due to, an event of major force and in particular in the event of disturbance and all-out strike or partial of the conveyers or the means of communication, of catastrophes caused by floods or fires or all other natural disasters and on the other hand, in the event of fault of the customer. With regard to the products bought to satisfy the professional needs, ETON DIFFUSION will not incur any responsibility for all consequential damages because of the present ones, trading loss, loss of profit, damage or expenses, which could occur.
    2. The offered products are in conformity with the French legislation into force. In the event of overseas shipment, it is the customer’s responsibility to check with the local authorities the possibilities of importation or use of the products or services which it plans to order. The responsibility of ETON DIFFUSION cannot be committed in the event of non-observance of the legislation of the country where the products are delivered.
    3. The visual photographs and other documents communicated by ETON DIFFUSION on a purely illustrative basis and cannot engage the responsibility of ETON DIFFUSION.
    4. ETON DIFFUSION cannot be held responsible whenever links defined on its site give access to a site contravening the legal tendencies and lawful into force.
  13. Intellectual property

    1. The texts, comments, works, instructions, illustrations, documents visual and images present on site ETON DIFFUSION are protected by the laws governing the royalties and the intellectual property. Except for a private use and in accordance with the provisions of the code of the intellectual property, none of these elements can be reproduced without a formal and preliminary by ETON DIFFUSION in the risk of infringing the law. Any reproduction total or partial of ETON DIFFUSION’s website is strictly prohibited.
    2. Several products such as in particular the computer software, the products multi-media or audio-visual are the subject of specific and particular rights of use regulating the copies, the use in the communities, loaning and renting. The customer must respect the general terms of sale of these products and ETON DIFFUSION will not be responsible for the uses of these products within this framework.
  14. Applicable Law - Litigations

    1. This contract is subjected to the French law. The French right is only applicable. Its language is the French language. In the event of litigation, the Courts of Nanterre (92000) will be only qualified. The present clause applies even in the event of clauses different appearing to the commercial documents from the purchaser.
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