General sales conditions The conditions below govern the sale of products shown on the http://editionsacoeurjoie.com/ website by the company: ÉDITIONS À COEUR JOIE Tél: +33 (0)4 72 19 83 30 E-mail: editions@choralies.org 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:
The customer’s confirmation of an order by telephone 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:
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. Special case of purchase of digital scores (PDF): The PDF file delivered to the customer will include the order number, the surname/first name and the name of the choir if applicable, the number of copies and the e-mail address. The file will also be protected by a password which will be sent to you separately. In the case of the purchase of digital scores, I have noted that I waive my right of withdrawal as stipulated in article L221-28 paragraph 13 of the French Consumer Code. The same regulation applies to printed or dematerialised scores. 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. Packing and shipping flat rate feesThe delivery charge is a contribution to preparing, packing, and posting costs. The delivery fees includes order preparation, packing and postage. The amount is a lump-sum, depending on your chosen delivery method, the weight of your order and destination. 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. The postage costs are calculated directly on the site in order to give you the best possible rate. ARTICLE 5. PaymentThe price is required immediately upon ordering. Purchases can be paid:
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. Payment defect Editions A Cœur Joie can refuse an order, even paid, made by a customer who have not totally or partially paid for a previous order. ARTICLE 6. DeliveryFor all sale of simple sheet scores (code starting with A11), a minimum of 10 copies is requested. 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
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: ÉDITIONS À COEUR JOIE g) Incomplete, damaged or dirtied items sent back by the customer won’t be accepted. ARTICLE 7. Security 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. Privacy 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. GDPR (General Data Protection Regulation) Our publishing house collects and uses your data to send you informations about our activity of choir music publishing. We use your data to send you offers of new scores and subscription, as well as thematic newsletters about choir printed music. Your data are also used to ensure follow up and delivery of your orders. As such some elements (cellphone number and email address) can be given to our contractual carriers with whom a contract of personnal data protection of our customers is set. Your personnal data are kept and secured. We never hire nor sale our database. You have the right to access, modify and delete your personnal data hold in our database, and you have a right to withdraw your consent any time by writing us at editions@choralies.org Our site is registered at CNIL (French Electronic Data Protection Authority) under number 1177903. ARTICLE 8. Limitation of liabilityInformation regarding price and availability of products, as well as any pictures illustrating these products, are 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 terms and conditions are 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. |