Conditions générales de vente
Last updated on October 19, 2021
I - OBJECT
These general conditions of sale (known as "GTC") govern the rights and contractual obligations between the company Emma Bzeznik, called "Démiurge Éditions", a micro-enterprise (SIRET number: 883 807 059 00026) whose head office is located at 10 chemin des Rimbauds in Saint-Etienne-de-Fontbellon, referred to as "Seller" and "Client". They can be revised at any time and without notice.
Any service ordered and performed by the seller, as well as any order ("Order") placed on the site implies acceptance, without condition or reservation, of the general conditions of sale.
II - PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Démiurge Éditions. As such, Démiurge Éditions cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
The Products offered for sale on the site are: literary jewelry Démiurge Éditions; writing services.
III - PRICES
The prices of the Products offered are those in effect when the Customer takes the Order. The prices are expressed in Euros (€) and are net of taxes, therefore expressed in TTC (VAT not applicable, article 293 B of the General Tax Code).
The prices are free and can be revised at any time without justification (however, the prices applied to the Customer are those in force when the Order is placed). They remain valid for one month from the date of issue of the Order, until delivery of the Products.
The prices include shipping costs, payable by the Seller.
An electronic invoice is established by the Seller and given to the customer when the order is placed or when the Products are delivered.
The products remain the property of Démiurge Éditions until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
The Products are only shipped in mainland France. For any shipment request outside the European Union and TOM, please contact us directly.
For all products shipped outside the European Union and TOM, our prices are exclusive of VAT. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the purview of Rue de Minuit. They will be at your expense.
Promotional prices: promotions are offered on our products for a fixed and limited period. Price information may be subject to change and is only indicative.
New books cannot be redeemed, by virtue of Law No. 81-766 of August 10, 1981 relating to the price of the book.
IV - ORDERS
Orders are placed online on the website www.emmabzeznik.com. Orders placed on the website will be acknowledged by email. It is the customer's responsibility to check the order confirmation and immediately notify Démiurge Éditions of any errors.
Your order will be shipped upon receipt of your payment. Delivery within 7 working days in mainland France.
Démiurge Éditions reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
Démiurge Éditions reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem.
Orders placed on the Site are subject to compliance with the procedure set up by Démiurge Éditions on the Site, comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the “Basket”). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the T & Cs, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the Customer by October Éditions. To this end, the Customer formally accepts the use of electronic mail for the confirmation by Démiurge Éditions of the content of his Order. Invoices are available in the "my account" section of the Site.
4.1 - Quote
For writing services : the Customer chooses the service and fills out a quote request form, where they will be asked for the following contact details: surname and first name, postal address, email address, company, postal code, city and possibly a telephone number. phone. He will also be asked for the desired delivery date. A text space is available for any comment or message that the customer wishes to send to the service provider when requesting a quote.
Any estimate signed with the words "Good for agreement. Estimate received before the performance of the service, read and accepted" marks the acceptance of these GTC and acts as a contract between the service provider and the customer.
The start of the service will take effect from the signing of the estimate (which takes place of the contract) and the payment. It is up to the Customer to transmit the content necessary for his project within a time limit set on the estimate and allowing the service provider to perform the requested service. If the Client has not transmitted its content within the allotted time, the service provider will offer the client a postponement of the project according to the schedule available to the service provider. This postponement may in no case give rise to termination of the contract by the customer, nor to a refund of the sums paid. The Customer is responsible for the veracity of the elements provided. A delay in delivery or the transmission of incomplete or defective documents will result in a postponement of the execution time, or even an increase in the estimate or a cancellation of the order. Any modification of the order by the customer will give rise to a new estimate.
In the event of a dispute, the signed estimate, the GTC and a copy of the work performed will constitute proof of the agreement between the two parties.
It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors to the service provider. The service provider reserves the right to refuse or cancel an order with a customer with whom a dispute has occurred.
V - ORDER VALIDATION
Any order placed on the Site implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction. The order confirmation will be worth signature and acceptance of the operations carried out.
VI - AVAILABILITY
Our Product and Price offers are valid as long as they are visible on the Site, within the limits of available stocks. In case of unavailability of the Product after placing your Order, we will inform you by email as soon as possible. As the Products are manufactured on demand and depending on the available stock, an additional period (up to 7 days) may be imposed.
You will then be offered either to wait in accordance with the imposed deadline, or to cancel your order and get a refund. Refunds will be made according to the payment method initially chosen by the customer.
VII - PAYMENT
The fact of validating your Order implies for you the obligation to pay the indicated Price. Payment for your purchases is made by credit card. The Site does not accept deferred payments.
The accepted bank cards are: Visa, Mastercard, Amex, Maestro, Discover, Diners, Electron, Jcb ...
For writing services : cash payment is requested before the execution of any Order. No service is undertaken without prior receipt of the signed estimate and payment for the order. In addition, the service provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the work ordered by the customer.
Payments made by the customer will only be considered final after actual receipt by the Seller of the sums due.
VIII - DELIVERY
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The delivery time includes preparation time, usual shipping days (Monday and Thursday of each week, except for unforeseen circumstances) and transit time. Our carrier is La Poste, their delivery time is of the order of one (1) to four (4) days for metropolitan France by Letter followed. If you choose to pay by transfer, the order will only be processed upon receipt of it.
The Customer is required to check the condition of the packaging and the conformity of the product delivered. The Customer must, in the event of damage or missing items, refuse delivery to the carrier and inform Démiurge Éditions of any necessary findings.
When Demiurge Éditions is responsible for the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery. Démiurge Éditions cannot be held responsible for consequences due to late delivery.
For any delivery in mainland France, the Delivery costs are the responsibility of the Seller. Delivery is therefore free.
Delivery is made to the delivery address indicated by the Customer. If it is impossible to make the Delivery, due to an incorrect delivery address or the Customer's failure to collect their Order from the selected collection point, no reshipment can be made and the Customer will be refunded in a period of five (5) days from receipt of the Order by Démiurge Éditions.
Demiurge Éditions delivers Orders within a maximum period of seven (7) working days for delivery in mainland France.
In order for these deadlines to be met, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
In the event that the Delivery period is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request for this purpose, the reimbursement of the sums paid on the occasion of the Order.
For writing services , each Order being unique and personal, the delivery times for the work vary and are established between the seller and the customer when ordering the latter (after the establishment of the quote, the customer is invited to contact the seller if he wishes to continue his order. A discussion / meeting ensues around the customer's request). The Seller will respect the date desired by the customer as much as possible, however the delivery time mentioned on the estimate is given as an indication and without guarantee. It runs from the receipt of the signed and approved estimate. The service provider undertakes to do everything possible to meet the time limit indicated, but cannot be held responsible for a delay in the event of force majeure or a serious problem. A delay in delivery can in no case give rise to a refund. The customer will then have the option of accepting a new deadline or canceling his Order.
Upon receipt of the work, the customer has 72 hours to assert any claim. Beyond this period, the delivered document will be considered as meeting the customer's expectations.
If the work ordered has not been delivered within fourteen (14) days after the indicative delivery date, and for any reason other than force majeure or the act of the customer, the order may be resolved at the written request. of the customer under the conditions provided for by articles L 216-2, L216-3, L 241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract.
In the event of a specific request from the customer concerning the conditions of delivery of the work, duly accepted in writing by the service provider, the related costs will be the subject of a subsequent specific additional billing.
IX - RETURNS & REFUNDS
9.1 - Right of withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of fourteen (14) days from receipt of your products to exercise your right of withdrawal. The right of withdrawal also applies for sale products.
Returns are to be made in their original condition and complete (packaging, accessories) and in perfect condition for resale. In this context, your responsibility is engaged. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal. You are responsible for the return costs.
In the event that the right of withdrawal is exercised, Démiurge Éditions will reimburse the sums paid within fourteen (14) days of notification of your request.
The right of withdrawal can be exercised either by logging into their customer account in the "My orders" section, or by contacting Démiurge Éditions by email using the contact form available on the Site.
In the event of a request for reimbursement or cancellation of the order, Démiurge Éditions will do its utmost to reimburse the Customer within thirty (30) days of receipt of the request.
The refund will be made according to the method of payment chosen by the Customer when placing his order.
For writing services : the customer has fourteen (14) days from the sending of the signed estimate to withdraw. His decision does not have to be motivated but he is required to warn the service provider in writing. The service provider will return the payment already paid within fourteen (14) days starting from the date of withdrawal. However, this provision is not applicable for urgent work by the customer which would have been carried out and / or delivered during the withdrawal period.
9.2 Terms of return of the Order under the right of withdrawal
This right of withdrawal is exercised without penalty, the customer only bearing the shipping and return costs.
The customer can request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the shipping and return costs will be borne by the Customer.
Defective, damaged or non-conforming Products will be taken back, and refunded or exchanged or will be the subject of a credit. In this case, we thank you for making a detailed statement in writing and returning the Product (s) to us. Démiurge Éditions will exchange or refund the Product (s). The request must be made within fourteen (14) working days of delivery.
X - INTELLECTUAL PROPERTY
In accordance with the provisions of the Intellectual Property Code, all elements of the Site are and remain the intellectual and exclusive property of Démiurge Éditions. No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially.
XI - APPLICABLE LAW IN THE EVENT OF DISPUTES
The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
XII - PERSONAL DATA
Démiurge Éditions undertakes not to divulge the information communicated by the Customer to third parties. Only the data strictly necessary for the proper processing of orders or for announcing advantages, promotions and news, which we wish to pass on to our customers, are collected.
The information requested from the customer is necessary for processing his order and is intended for the services of Démiurge Éditions. In application of the law n ° 78-17 of January 6, 1978, the Customer has a right of access to information concerning him. On request, they can be communicated to him and, in the event of an error or modification, be corrected.
XIII - MEDIATION
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, Démiurge Éditions offers a consumer mediation system.
If the Client is not satisfied with the work accomplished, he undertakes to seek an amicable solution first with Démiurge Éditions. In the event that no agreement is possible, the dispute will fall under the jurisdiction of the SAS CNPM Médiation Consommation unit located at 27 avenue de la Liberation 42400 Saint-Chamond, regardless of the place of delivery.