General terms and conditions of sale

Updated on 10/17/2017

1. PURPOSE

These General Terms and Conditions of Sale (GTSC) define the reciprocal obligations between the on-line sales site www.scriptorium-albi.fr and www.scriptorium-albi.com (hereinafter referred to as “the Site”) belonging to the French limited liability company SARL LEJEUNE (hereinafter referred to as “Le SCRIPTORIUM D’ALBI) and this company’s clients (hereinafter referred to as “the Client”). They apply in the same way to both orders placed directly on-line by the Client and to orders placed by telephone with the Customer Service department. These general terms and conditions of sale (hereinafter referred to as the Terms of Sale) only concern clients who are non-trading individuals of full age and legal capacity. If you do not correspond to these criteria, we request that you contact us by e-mail or telephone.
The parties agree that their relations are exclusively governed by these Terms of Sale, to the exclusion of any other term or condition previously available on the site or any other medium.
This edition supersedes previous versions.

2. PRODUCTS

The items offered on the Site are described with the greatest accuracy. However, the photos and texts are not contractually binding and are presented only as an indication for the consumer.
The characteristics of the items presented may be modified by LE SCRIPTORIUM D’ALBI without prior notice.

3. AVAILABILITY

The products presented are generally unique works. Should several copies of works be offered, they are available until stocks run out. Consequently, LE SCRIPTORIUM D’ALBI is not, in any way whatsoever, able to guarantee that the items for sale during a given period remain available throughout this period. Any claim made by the Client concerning the order or delivery of an item mentioned on the Site as being unavailable shall be considered as being unfounded.
LE SCRIPTORIUM D’ALBI has a stock updating system. However, should a product be unavailable after an order has been placed, LE SCRIPTORIUM D’ALBI undertakes to inform the client by e-mail or letter in the shortest possible delay. The Client may then ask for an exchange or the cancellation of the order by sending an e-mail or by making the request directly on the “Contact Us” page of the Site. In the latter case, LE SCRIPTORIUM D’ALBI undertakes to reimburse the amount paid by the Client within a maximum period of 30 days.

4. PRICE OF PRODUCTS

4.1 Prices

Prices are given in Euros and are inclusive of all taxes at the time of placing the order. After this date, they may be modified at any time. These prices are applicable to distance sales. Under no circumstances whatsoever may they be requested for application in the shop (and vice versa).
LE SCRIPTORIUM D’ALBI reserves the possibility of invoicing, over and above the price of the products, a fixed sum for dispatching costs that represents participation in the packaging and shipping expenses incurred by the order. These expenses, provided for in Article 7.2 of these Terms of Sale, are added to the price mentioned for each product and are clearly indicated in the order summary and on the purchase invoice.

4.2 VAT

The VAT included in the product price is that which is in effect in France for the products concerned on the day the order is placed. Should the VAT rate be modified, the changes will be reflected in the price of the articles without the client being informed beforehand.

4.3 Tax removal

LE SCRIPTORIUM D’ALBI reminds the Client that if an order or product is delocalized to a country other than mainland France, then the Client remains the importer of the product(s) concerned. All customs duties, other local taxes, import duties or state taxes that may be payable are not the responsibility of LE SCRIPTORIUM D’ALBI. It is, moreover, the responsibility of the Client to check with their local authorities regarding the possibilities of importation and use of the products or services that are to be shipped.
LE SCRIPTORIUM D’ALBI shall not be held liable should the legislation of the country to which the products are shipped by the consumer not be complied with. It is the entire responsibility of the Client to contact their local authorities in order to inquire into and make any declarations and corresponding payments to the appropriate authorities and organizations in the country concerned.

4.4 Transfer of ownership

LE SCRIPTORIUM D’ALBI retains full and entire ownership of the sold products until such time as all sums due by the Client for his/her order, inclusive of costs and taxes, have been fully paid and received. These provisions do not prevent the risks of loss or deterioration being transferred to the Clients from the moment of delivery of the products that are subject to property reservation as well as the damage that they may cause.

5. ORDER

5.1 Confirmation of the order

Pursuant to the Act of 13th March 2000 pertaining to the validity of electronic signatures, the validation of an order is made by ticking the box “I have read the general terms and conditions of sale and I fully adhere to them” then by clicking on the button “Continue with my order” (“double click” procedure).
Due to increased incidences of fraud, orders are systematically checked by LE SCRIPTORIUM D’ALBI, who may be induced to ask the Client to provide proof of identity and/or residence. Should such a request be made, the Client will be informed by e-mail of the supporting documents to be sent in order to obtain definitive validation of the order. This shall only be validated after receipt and verification of these elements, the shipping deadlines for the order shall only commence at this date. Failure to receive these documents within a period of 15 days following validation of the order by the Client shall result in this order being deemed to be fully cancelled. Moreover, LE SCRIPTORIUM D’ALBI reserves the right to cancel or refuse any order from a client the verification of whose documents does not prove to be convincing or with whom litigation might exist regarding the payment of a previous order.

5.2 Proof of order

Data recorded by LE SCRIPTORIUM D’ALBI constitutes the proof of all the transactions carried out between LE SCRIPTORIUM D’ALBI and its Clients. Pursuant to Article 1348 of the Civil Code, the filing of order forms and invoices shall be carried out on a reliable and enduring medium that may be legally produced in case of litigation.

6. PAYMENT

The Client can pay either by banker’s card, or by cheque or by bank transfer or by PayPal account.

6.1 Payment by banker’s card

The Client may pay on line using a banker’s card with the acronym CB, VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS, AURORE and 4 ETOILES.
The maximum amount that may be paid by banker’s card is 2,500 Euros, inclusive of tax. Sums in excess of this amount must be paid by the Client using bank transfer.
The security of on-line payments using a banker’s card is guaranteed by the secure payment service provided by PayPal that includes the SSL standard. The Client’s confidential data (the banker’s card 16-figure number, the expiry date and visual pictogram) are directly encrypted and transmitted to Paypal’s server without passing through the server’s physical support. After confirmation of the order, PayPal requests prior authorisation from the banker card network, then delivers an electronic certificate. For any payment by banker’s card on the Site, the electronic certificate provides proof of the amount and the date of the transaction pursuant to legal provisions, as evidenced by the date and hour.
Due to increased incidences of banker’s card fraud, LE SCRIPTORIUM D’ALBI reserves the right to either contact the Client at the telephone number indicated by the Client in the form filled out at the time of ordering, or to ask for a photocopy of the Client’s proof of identity and/or proof of residence, and to do so whatever the total amount of the order. LE SCRIPTORIUM D’ALBI reserves the right to claim a payment by bank transfer or to cancel the order within 15 days after validation of it on the Site. In this case, the payment of the order shall not be effective and the amount shall not be debited from the Client’s account.

6.2 Payment by banker’s cheque

The Client may also pay for his/her purchases by cheque. The order form should be printed and enclosed with the cheque in the amount indicated, signed and made out to SARL LEJEUNE and be sent to the following address:

LE SCRIPTORIUM D’ALBI
7 rue Saint-André
11170 MONTOLIEU
FRANCE

The order will be processed upon receipt of the cheque and subject to its full clearance. The ordered products are reserved for five working days after the order has been placed. If payment is not received within this period, the product shall again be offered for sale. In any case, the validation of the order is the equivalent of signature and express acceptance of all the transactions made on the Site.

6.3 Payment by bank transfer

The client may also pay for his/her purchases by making a bank transfer to the following account:

SOCIETE GENERALE
Agence 4 chemins
46 avenue Dr Henri Gout
11000 CARCASSONNE
FRANCE

Bank acoount owner: LEJEUNE
Bank code: 30003
Branch code: 00494
Account n°: 00020101261
Bank control key: 58
IBAN: FR76 3000 3004 9400 0201 0126 158
Swift Code / BIC: SOGEFRPP
Should this method of payment be chosen, it is imperative that the order number, which is provided by the Site in the order summary, be mentioned.

6.4 Payment by PayPal account

The client may also pay for his/her purchase by using his/her own PayPal account, if he/she has so.

7. SHIPMENT, DELIVERY AND RETURNS

7.1 Shipping deadlines and delivery

Orders are processed in the order in which they are effectively received. Should there be several items in one order, it is possible that LE SCRIPTORIUM D’ALBI send each item in a separate parcel, especially when the shipping deadline of one of the items is longer than the others.
Shipping deadlines of an order vary between 2 to 5 working days. These deadlines apply within the limit of stocks available and commence from validation of payment or completion of order verification procedures provided for herein. They include procedures to record and invoice the order as well as to prepare order logistics.
In all cases, LE SCRIPTORIUM D’ALBI will be able to inform the Client of the progress in his/her order upon simple request made be e-mail or via the “Your Account” page on the Site.
Products purchased through the Site are dispatched to the delivery address indicated by the Client when placing the order.
Delivery deadlines are from 1 to 10 days, excluding weekends, from the date of deposit. LE SCRIPTORIUM D’ALBI may not be held responsible for any consequences linked to a delay in delivery that is beyond its control. LE SCRIPTORIUM D’ALBI reserves the right of choosing the means of transport.
Concerning shipments made by Post, should the Client be absent on the day of the delivery, he/she may collect, within the allowed period, his/her order from the post office on presenting the drop card left by the postal agent. Concerning deliveries made by any other transporter, should the Client be absent on the day of delivery, he/she should refer to the terms and conditions mentioned on the drop card that the transporter left at the delivery address

7.2 Shipping costs

Flat rate shipping costs are invoiced over and above the price of the products. These costs include participation in the packaging and shipping expenses incurred by the order as well as shipping costs calculated with regard to the place of delivery, the weight and volume of the shipment and the insured value. These shipping costs are clearly indicated in the order summary and on the purchase invoice.

7.3 Delivery problems

Delivery is made within the deadlines mentioned in Article 7.1 of the Terms of Sale. However, LE SCRIPTORIUM D’ALBI refuses to accept any responsibility in cases of force majeure or events beyond its control that may delay delivery. The following are especially considered to be cases of force majeure (in addition to those deemed as such by the French Courts of Justice and case law): civil unrest, total or partial strike of transport services, whatever they may be, and means of communication and telecommunication, war, riots, terrorist acts, fire, flood, water damage, epidemic, earthquake, accident, general breakdown, modifications of legal trading agreements. The client must check the condition of the delivered merchandise at the time of delivery. Any anomaly observed (packaging damaged or opened; product damaged, missing or deteriorated) must be notified in writing either by e-mail or through the “Contact Us” page of the Site or by letter and this notification must be sent on the day of delivery or within 24 working hours following delivery at the latest. Any claim sent after this time shall be considered as inadmissible. LE SCRIPTORIUM D’ALBI is released from any liability should it prove impossible to deliver the merchandise due to inadequate means of access or address details provided by the Client, any new shipment of the merchandise shall, furthermore, be invoiced.

7.4 Compliance and quality

All items are subject to a contractual guarantee, which does not prevent application of the legal guarantee provided for in Articles 1641 et seq. of the Civil Code. For defective items delivered, the Client benefits from a guarantee enabling him/her to send them back in accordance with Articles L.211-4 et seq. of the Consumer Code. The Client must check the compliance of the merchandise delivered at the time of delivery. Any anomaly observed (non-compliance with order, damaged or flawed product) must be notified in writing either by e-mail or through the “Contact Us” page of the Site or by letter and this notification must be sent on the day of delivery or within 48 working hours following delivery at the latest. Any claim sent after this time shall be considered as inadmissible.
For any claim, the Client must indicate his / her contact details, order number, product reference number for the item in question and the reasons for the claim.
The Client must make the claim in writing either by e-mail or through the “Contact Us” page of the Site or by letter. Upon reception of the Client’s claim, LE SCRIPTORIUM D’ALBI will decide on the action to be taken with regard to it. Upon reception of the returned merchandise, LE SCRIPTORIUM D’ALBI will proceed with an exchange of the product. The product may only be accepted as a return if it is the complete product in its original condition including its accessories with a copy of the invoice. The purchase price of the returned product shall be reimbursed to the Client along with the costs of return shipment without, however, this amount exceeding 1.5 times the amount of the initial costs invoiced. Reimbursement shall be made within a maximum period of 30 days upon receiving the returned product and shall be made either by reimbursing the credit card used to carry out the on-line payment, or by bank transfer to the account mentioned by the Client, or by cheque made out to the Client who placed the order and sent to the invoice address. No return shall be accepted for cash on delivery.

7.5 Right of withdrawal

Legislation in effect guarantees that the Client will be reimbursed if he / she cancels the order within 14 working days after reception, customised products excluded.
The Client must inform LE SCRIPTORIUM D’ALBI of his / her wish to exercise this right of withdrawal in writing either by e-mail or through the “Contact Us” page of the Site or by letter. The product shall then be reimbursed. The exchange shall be made immediately subject to the availability of the new item chosen. In the case of reimbursement, the amount of the returned product and shipment costs shall be fully reimbursed, only the cost of returning the item shall be payable by the Client. This right of returning the merchandise may only be accepted for the complete product in its original condition including its accessories with a copy of the invoice. Products returned without their accessory, incomplete, spoilt or damaged shall be neither accepted back, nor exchanged, nor reimbursed. Reimbursement shall be made within a maximum period of 30 days upon receiving the returned product and shall be made either by reimbursing the credit card used to carry out the on-line payment, or by bank transfer to the account mentioned by the Client, or by cheque made out to the Client who placed the order and sent to the invoice address. No return shall be accepted for cash on delivery.
Transport of the returned products must be carried out under the same conditions of security as those applied for the delivery of the merchandise. The Client shall pay special attention to the correct packaging of the product in order that no damage is incurred during transport.
Moreover, it is expressly understood that these provisions only apply to purchases made on the Site by individuals. Therefore, these provisions do not apply to purchases made by corporate bodies (companies, artisans, traders, institutions, associations, etc.) whose orders are firm and definitive.

7.6 Return address

In all cases, the return or contact address with LE SCRIPTORIUM D’ALBI is the following address (and to the exclusion of any other address):

LE SCRIPTORIUM D’ALBI
7 rue Saint-André
11170 MONTOLIEU
FRANCE

8. LIABILITY

In addition to the previously mentioned articles in these Terms of Sale, and it being understood that LE SCRIPTORIUM D’ALBI, through its sales Site, makes every endeavour to satisfy its Clients, it is hereby reminded that LE SCRIPTORIUM D’ALBI shall not be deemed liable in the following situations: disturbance in the use of the Internet network and the presence of computer viruses, and any form of non performance of the act of sale due to events of force majeure (in addition to those deemed as such by the French Courts of Justice and case law): civil unrest, total or partial strike of transport services, whatever they may be, and means of communication and telecommunication, war, riots, terrorist acts, fire, flood, water damage, epidemic, earthquake, accident, general breakdown, modifications of legal trading agreements and the direct or indirect consequences linked to the purchase and use of its products.
Furthermore, any hyperlink must be approved by LE SCRIPTORIUM D’ALBI, who disclaims any liability for the contents of the sites to which these links on the Site lead.

9. CONFIDENTIALITY: PROTECTION OF PERSONAL DATA

The process of placing an order involves the collection of a certain number of personal data relating to the Client.
Pursuant to the French Data Protection Act of 6th January 1978, the Client has, at all times, the right of access and rectification of the information concerning him / her. Processing this information has been declared to the National Commission of Information Technology and Data Privacy (CNIL).

10. INTELLECTUAL PROPERTY

The Site and all its contents are the exclusive property of LE SCRIPTORIUM D’ALBI and its partners and falls within the scope of the Intellectual Property Code. Consequently, it is forbidden to reproduce, represent or adapt any of the elements contained in the Site or comprising it without the express authorisation of the company LEJEUNE and failure to observe this constitutes an infringement as defined by the law. It is hereby reminded that the infringement of copyright, registered design and model or brand is a criminal offence.

11. ENTIRETY OF CONTRACT

Should one of the clauses of this contract become null and void due to a change in legislation, regulation or through a legal ruling, this shall, in no case whatsoever, affect the validity of and adherence to these Terms of Sale.

12. APPLICABLE LAW AND LITIGATION

These Terms of Sale are drawn up in several languages in order to assist non-French speaking Clients. Nevertheless only the French version is enforceable by law.
This contract is governed by French law only.
Should any issue arise, the Client shall, as a priority, contact LE SCRIPTORIUM D’ALBI in an endeavour to obtain an amicable solution. Failing this, any law suit shall only be filed with the French courts having jurisdiction.

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