General condition of sale - Bookstore

Conditions Générales de Vente de la librairie

1. OBJECT

The present General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions"), describe the terms and conditions of distance selling of literary works written by the members of the company POCHECO (hereinafter "POCHECO") to the Customer (hereinafter the "Customer") through an online bookstore referenced on the website.

2. ACCEPTANCE

Any order made on the site lalibrairiepocheco.com is worth acceptance without reserve of the present general conditions of sale. They are dated, accessible and printable at any time at the address lalibrairiepocheco.com. The Customer is invited to read them carefully. They are opposable to the Customer who recognizes, by checking the box provided for this purpose, to have had a perfect knowledge and to have accepted them without reserve. The General Conditions may be subject to subsequent modifications. The applicable version is the one in force on the date of final validation of the order by POCHECO. The present General Conditions prevail over any other contradictory document.

3. PRODUCTS

The products offered for sale are presented in the catalog published online on the website lalibraiepocheco.com. They are each the subject of a description mentioning their essential characteristics on a support called "Product sheet". The photographs illustrating the products do not constitute a contractual document and shall not engage the responsibility of POCHECO. The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market. The products are marketed within the limits of available stocks. In case of unavailability of the ordered product, POCHECO will inform the Customer as soon as possible. The Customer will have the possibility of exchanging the product, cancelling the order or obtaining a refund of the sums paid within 30 (thirty) days from the date of payment. 

4. PRICE

The sale prices are indicated for each of the products appearing in the electronic catalog, in euros excluding taxes and including all taxes. They do not take into account the delivery costs mentioned before the validation of the order and charged in addition to the price. The total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is the one displayed online on the website on the day of the order. 

5. ORDER

In order to place an order, the Customer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the electronic button "order" and provides the necessary information for the delivery and the method of payment. Before clicking on the "confirm order" button, the Customer has the possibility to check the details of his order, its total price and to go back to the previous pages to correct possible errors or to modify his order. The contract is formed between the Customer and POCHECO as of the confirmation of the order. An e-mail acknowledging receipt of the order and its payment is sent to the Customer as soon as possible after receipt of the payment. Any modification of the order by the Customer after confirmation of the order is subject to acceptance by POCHECO. The product ordered will be shipped at the latest within 2 (two) working days following the date of placing the order.

6. PAYMENT

Payment is due in full upon confirmation of the order by POCHECO. The paid sums could not be regarded as deposits or installments. The Customer has all the payment methods available to him/her on the lalibraiepocheco.com website. The Customer guarantees the authorizations necessary for the use of the method of payment that he/she chooses when validating the order. POCHECO reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. POCHECO reserves the right to refuse to make a delivery or to honor an order from a Customer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. Any sum not paid on the due date is subject, without formal notice, to late payment interest equal to the applicable legal rate.

7. DELIVERY

The products are delivered to the address indicated by the Customer at the time of his order and only in Metropolitan France. The delivery takes place within the shipping time indicated on the product sheet, to which is added the time of preparation of the package as well as the time of its routing by the postal services. The average delivery time is 4 (four) days for metropolitan France, but it does not constitute a strict deadline and POCHECO cannot be held responsible for any delay in delivery. The Customer is informed of the shipment of his order by e-mail as soon as possible. Deliveries are made by La Poste, by postal mail. Delivery is deemed to be made by POCHECO as soon as the products ordered are handed over by the Customer to La Poste. The products ordered are shipped at the Customer's risk. The Customer shall have no recourse in warranty against POCHECO in the event of late delivery, loss of products or strike. The Customer shall send a copy of this letter by fax or by ordinary mail to the following address POCHECO Customer service 13, rue des Roloirs 59510 FOREST SUR MARQUE

8. COMPLAINT

The Customer is required to check the condition of the packaging of the goods and the products delivered upon receipt. The Customer has a period of one week from the date of receipt of the products to formulate by registered mail or electronic mail his reservations or claims concerning the non-conformity or apparent defect whose origin is not related to the transport of the product. After this period, the products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by POCHECO. The formulation of this complaint with POCHECO could be made according to the following methods: - By telephone at 03 20 61 30 63 from Monday to Friday from 9 am to 6 pm - On the site lalibrairiepocheco.com in the heading "history of your orders" or "contact" by specifying the reference of its order. Any complaint not carried out in the rules defined above could not be taken into account and will release POCECO from any responsibility against the Customer. Upon receipt of the claim, POCHECO will assign an exchange number to the product(s) concerned and will communicate it by e-mail, fax, or telephone to the Customer. In case of delivery error or exchange, any product to be exchanged or refunded must be returned to POCHECO as a whole and in its original packaging, by registered Colissimo, to the following address POCHECO Customer service, 13, rue des Roloirs 59510 FOREST SUR MARQUE

9. PRODUCT GUARANTEE

POCHECO is bound by the guarantee of hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code. Independently of the commercial guarantee possibly granted, POCHECO is held with respect to the consumer Customers, of the defects of conformity of the products under the conditions of the article L.217-4 and following of the Code of the consumption.

10. RIGHT OF WITHDRAWAL

The consumer customer has a period of 14 (fourteen) working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the order. If this period expires on a Saturday, a Sunday or a holiday, it is extended to the next business day. Any return must be reported in advance to POCHECO's Customer Service: - In priority by phone at 03 20 61 30 63 from Monday to Friday from 9am to 6pm - On the website lalibrairiepocheco.com via the tab "follow your order The product must be returned by registered Colissimo to the following postal address POCHECO Service Client 13, rue des Roloirs 59510 FOREST SUR MARQUE This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the hypothesis of the exercise of the right of retractation, the consumer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer. In the event that the right of withdrawal is exercised, POCHECO will make every effort to reimburse the consumer Customer within 15 (fifteen) days. However, given the technical nature of the products sold, this period may be extended to a maximum of 30 (thirty) days, in particular when the products require technical verification and in particular those that have to be tested prior to shipment. The Customer will be reimbursed by a transfer sent to his bank account (secure transaction) in case of payment by credit card, or by the establishment of a check) his profit issued by mail in other cases.

11. MAJOR FORCE

POCHECO shall not be held responsible for the delay in the performance or the non-performance of its obligations when the delay or the non-performance is attributable to an event of force majeure, as defined in Article 1218 of the Civil Code and as interpreted by the French courts. The following in particular shall be deemed to be cases of force majeure or fortuitous events discharging POCHECO from its obligations to deliver within the time limits initially set strikes of all or part of the staff or of the usual carriers, fire, flood, frost, storm, war, production stoppages due to fortuitous breakdowns, impossibility of being supplied with materials, epidemics, thawing barriers, roadblocks, strike or disruption of EDF-GDF supplies, or disruption of supplies for a cause not attributable to POCHECO's suppliers. The parties expressly agree to treat as force majeure any difficulties in the performance of these general conditions that may arise from measures taken by the authorities (confinement, closure of establishments open to the public, restriction of travel, curfew, etc.) in order to combat a resumption of the Covid-19 epidemic or a mutation thereof. In such circumstances, the affected party will notify the other party in writing within 3 (three) business days from the date it becomes aware of the event. The parties shall meet within 15 (fifteen) working days, unless this is impossible due to force majeure, to examine the impact of the event and to agree on the conditions under which the performance of the contract shall be continued. If the event lasts more than 30 (thirty) days from the date of its occurrence, the sales contract may be terminated by the most diligent party, without either party being entitled to claim damages.

12. IMPREVISION

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the party who has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from his co-contractor. This will apply in particular to any economic, legal, commercial, health or monetary changes likely to lead to a significant increase in the cost of performance of the contract. This request for renegotiation shall be made by registered letter with acknowledgement of receipt within 10 (ten) days of the occurrence of the event. In case of refusal or failure of the renegotiation, the parties may agree to terminate the contract, at the date and under the conditions they determine.

13. COOKIES

When consulting the lalibraiepocheco.com website, "cookies" may be installed on the Customer's terminal (computer, tablet, cell phone or any other device optimized for the Internet). These cookies are issued by POCHECO and are used for audience measurement purposes. In accordance with article 32-II of the law of January 6, 1978, POCHECO warns the Customer by a banner that the continuation of his navigation means agreement to the installation and reading of cookies. The cookies placed by POCHECO are necessary for the placing and execution of the order. The Customer may refuse the installation of cookies deposited by POCHECO on the hard disk of his terminal by selecting the appropriate settings in his browser. Cookies are kept by POCHECO for a period of 12 months. At the end of this period, POCHECO collects again, when necessary, the consent of the Customer.

14. PROTECTION OF PERSONAL DATA

Personal data are protected by the law "Informatique et Libertés" n°78-87 of January 6, 1978, the law for the "Confiance et l'Economie Numérique" n° 2004-801 of August 6, 2004 as well as by the law n°2018-493 of June 20, 2018 transposing the General Regulation on Data Protection 2016/679 of April 27, 2016 ("RGPD"). On the occasion of the order on the lalibraiepocheco.com website, may be collected all or part of the following data: - Name, first name, date of birth - Connection and use data of the lalibrairiepocheco.com site - Computer equipment used for navigation, IP address, password - E-mail address - Telephone number This data may be communicated to POCHECO's contractual partners involved in the execution of orders. In any case, POCHECO only collects this personal information for the following purposes: statistics, management of the lalibrairiepocheco.com website, execution and follow-up of orders. The person in charge of the treatment is the company POCHECO, SAS with the capital of 3 465 000,00 € registered with the RCS of Lille Metropole under the number 301 522 496 having its head office located at 13 Rue des Roloirs in Forest-sur-Marque (59510). The personal data collected are kept for a maximum period of 10 years. The Customer provides this information in full knowledge of the facts, in particular when he proceeds himself to their seizure. It is then specified to the Customer the obligation or not to provide this information. In accordance with the French law on "information technology and freedom", the Customer has the right to access and communicate, rectify and oppose personal data concerning him/her by contacting POCHECO at the following postal address POCHECO Customer Service 13, rue des Roloirs 59510 FOREST SUR MARQUE POCHECO undertakes to respond to requests for access, rectification or opposition or any other additional request for information within a reasonable period of time which shall not exceed (1) one month from the receipt of the Customer's request. No personal information of the Customer is published, exchanged, transferred or sold on any medium to third parties. The data provided by the Customer are stored in France on OVH servers. POCHECO implements all the technical means to guarantee the security of the personal data collected, and to prevent any risk of loss, deterioration or misuse thereof.

15. INTELLECTUAL PROPERTY

The Customer acknowledges that the content of the lalibraiepocheco.com website and, in particular, the texts, photographs, illustrations, videos, sounds, graphics, logos, or any other information or media presented by POCHECO are protected by copyright, trademark law and any other intellectual property right. No provision of the present terms and conditions can be interpreted as conferring to the Customer a transfer of ownership on these intellectual property rights. Any use, reproduction, extraction not expressly authorized by POCHECO is illicit, in accordance with the article L.122-6 of the Code of the intellectual property. The Customer also acknowledges that the works made available for sale online on the lalibraiepocheco.com website constitute works protected by copyright. As such, only their use for private use is authorized subject to the provisions of the Intellectual Property Code. Any reproduction, in whole or in part, of the works, whether printed on paper or delivered in digital form, is strictly forbidden and may result in legal action. The Customer undertakes to respect the intellectual property rights of POCHECO as well as the intellectual property rights of the authors whose works are sold on the lalibraiepocheco.com site. 16. INDIVISIBILITY The Customer acknowledges that the content of the lalibrairiepocheco.com website and, in particular, the texts, photographs, illustrations, videos, sounds, graphics, logos, or any other information or support presented by POCHECO are protected by copyright, trademark law and any other intellectual property right. No provision of the present terms and conditions can be interpreted as conferring to the Customer a transfer of ownership on these intellectual property rights. Any use, reproduction, extraction not expressly authorized by POCHECO is illicit, in accordance with the article L.122-6 of the Code of the intellectual property. The Customer also acknowledges that the works made available for sale online on the lalibraiepocheco.com website constitute works protected by copyright. As such, only their use for private use is authorized subject to the provisions of the Intellectual Property Code. Any reproduction, in whole or in part, of the works, whether printed on paper or delivered in digital form, is strictly forbidden and may result in legal action. The Customer undertakes to respect the intellectual property rights of POCHECO as well as the intellectual property rights of the authors whose works are sold on the site.

16. INDIVISIBILITY

If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

17. NON-WAIVER

The fact that one of the parties does not avail itself of a breach by the other party of any of its obligations under these terms and conditions shall not be construed for the future as a waiver of the obligation in question.

18. APPLICABLE LAW

The present general conditions are subject to French law to the exclusion of any other law.

19. SETTLEMENT OF DISPUTES

In the event of a dispute or claim, the Customer shall first contact POCHECO to obtain an amicable solution. Any dispute with the professional Customer concerning the application of these general terms and conditions of sale, their interpretation, their execution and the sales contracts concluded shall be brought before the Commercial Court of Lille Métropole regardless of the place of the order, delivery and payment. Any dispute with the Customer may give rise to a complaint to POCHECO on the website, via the "Contact" tab or from the customer area on the "Order History" tab. In accordance with the European regulation (EU) n° 524/2013 relating to the "On-line settlement of consumer disputes", the consumer Customer is informed that he has the possibility of solving any dispute encountered within the framework of the execution of the present general conditions by connecting on the electronic platform put on line by the European commission at the following address

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR