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Terms of Sales
Preamble DREAM AND CREATE, leader in professional information solutions in France, operates an online store, accessible at simp-expo.net (hereinafter the "Site") and intended to enable professionals and individuals ( hereinafter the "Client") to acquire books, publications or software solutions, to subscribe to periodical publications or to online information services, or to register for training, exhibitions and conferences, to exhibit at these events, to visit or go to these events, or to acquire all or part of manufactured products, new or used.
DREAMING AND CREATING and the Client are together referred to as the “Parties”. These general conditions of sale (hereinafter the "GTC") describe the terms and conditions under which the Customer acquires single works or publications (hereinafter the "Purchase"), or subscribes to subscriptions to periodical publications or to online information services (hereinafter the “Subscription”) or purchases of space, tickets, or stands on the Site (hereinafter together referred to as the “Order "). The conditions of sale and subscription relating to these products and services can be viewed directly on the Internet via the URL address dedicated to the product and / or on the Site. The GTC express the entire agreement of the Parties on the date on which the Customer places an Order. The Customer declares to have received, prior to any Order, all the informational and technical characteristics which are necessary for him. The fact of placing an Order implies the full and complete adhesion of the Customer to the T & Cs. Only the GTC are binding on the Parties. Any other document, in particular prospectus or catalogs, is only indicative. Any condition contrary to the T & Cs which the Customer would invoke would be unenforceable against DREAMING AND CREATING. However, if special conditions of sale derogating from the GTC were agreed between DREAM AND CREATE and the Customer, these will prevail over the GTC.
Placing an order All Orders must be made in writing or by any means of communication approved by DREAM AND CREATE. There is no acknowledgment of receipt of orders. DREAM AND CREATE records the Order and reserves the right to correct any error that may occur during the registration of the Order and will not incur any liability for this fact. The delivery of Orders serves as confirmation from DREAM AND CREATE. DREAM AND CREATE reserves the right not to fulfill an order submitted to it. The benefit of the Order is personal to the Customer and cannot be transferred without the agreement of DREAMING AND CREATING.
Modification of the order Any modification of the Order requested by the Customer can only be taken into consideration if it is received in writing within seven (7) days of the Order being registered by DREAM AND CREATE either at the he address of the head office of RÊVER ET CRÉER located 18 rue Louis Fablet, 94200 Ivry-sur-Seine.
Delivery of the order All risks, in particular of loss or damage to the products, will be borne by the Customer at the time of delivery. DREAM AND CREATE diligently deliver recorded Orders as soon as possible, any shipping or delivery date being given by DREAM AND CREATE only as an indication. DREAMING AND CREATING cannot be held responsible either vis-à-vis the Customer or third parties for any direct or indirect damage whatsoever (including in particular loss of profit or loss of data), resulting from the defect or refusal to satisfy an Order, any delay in delivery or any error in the execution of an Order, for whatever reason. In the case of free shipping, this is understood by the most economical way, also the additional costs for any other mode of transport are the responsibility of the Customer. The products of DREAM AND CREATE, even shipped free, always travel at the risk and peril of the recipient, the transfer of risk on the products takes place as soon as shipping by DREAM AND CREATE. Also, it is the Customer's responsibility to make the usual reservations in the event of transport damage. In the event of a shortage of stock, DREAM AND CREATE will make its best efforts to fulfill Orders as quickly as possible, taking into account all the circumstances that led to such a shortage.
Receipt of the order Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered to the product ordered or to the packing slip, must be formulated in writing and made the subject of a return, after agreement to DREAM AND CREATE, within eight (8) days of receipt of the products. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. He will have to leave to DREAM AND CREATE every facility to proceed to the observation of these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose. Returned products must be in the condition in which DREAM AND CREATE delivered them. In the event of an apparent defect or non-conformity of the delivered products, duly noted by DREAM AND CREATE under the conditions provided above, the Customer may obtain a free replacement, to the exclusion of any compensation or damages.
Right of withdrawal Delays or non-fulfillment of orders resulting from force majeure: fire, flood, strike (including pearl strike or zealous strike), regulation or demand from the public authorities, or any other inevitable, unforeseeable event and beyond the control of DREAMING AND CREATING cannot give rise to compensation. The provisions of this article may not, however, under any circumstances, exempt one party from the obligation to pay the other any amount owed to him.
Reception PRESS PUBLICATIONS ARE NOT THE SUBJECT OF ANY RIGHT OF WITHDRAWAL. For other products or services, the Customer, on condition that he has contracted as a consumer, has a period of seven (7) clear days to exercise his right of withdrawal, without having to justify reasons or pay any penalties, with the exception, where applicable, of return costs. This Customer may not exercise his right of withdrawal for the supply of services the execution of which will have begun, with his agreement, before the end of the period of seven (7) days. The period of seven (7) days runs from the date of receipt of the first element of the order for Purchases or the acceptance of the offer for Subscriptions. When it expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The right of withdrawal is exercised with RÊVER ET CRÉER at the contact details indicated in article 3 above. The consumer who exercises his right of withdrawal will be reimbursed no later than thirty (30) days following the date on which this right was exercised.
Specific provisions for subscriptions The Subscription comes into force on the date of registration of its subscription by DREAM AND CREATE. The Subscription is concluded for an initial period of twelve (12) months, except exception duly specified by DREAM AND CREATE at the latest at the time of registration of the subscription. At the end of this initial period, the Subscription will be tacitly renewed for successive periods of twelve (12) months, unless the Customer denounces two (2) months before the expiration of the current period by registered letter with request for 'Notice of receipt. For subscriptions to press publications only, the Subscription is taken out for a number of issues and for a period specified in the special subscription conditions or in the publications notes. Unless otherwise provided for in the special conditions, the Subscription will be tacitly renewed for identical periods, unless the Customer denounces it within the time limits indicated. The Subscription may be terminated automatically and automatically by DREAM AND CREATE in the event that the Customer does not comply with the obligations imposed on him. The termination of the Subscription will be effective at the expiration of a period of fifteen (15) days from the notification, by DREAM AND CREATE to the Customer, by registered letter with request for acknowledgment of receipt, of a breach. of the Customer to one of his obligations. DREAM AND CREATE may, at its sole discretion and without prior notification to the Customer, suspend the Subscription, as of right and without notice, in the event of: a) failure to pay an invoice; b) violation by the Client of the perimeter of the rights granted to him in application of the GTC; c) attempted intrusion or attack on the logical integrity of the site www.droit-patrimoine.fr by the Customer. In the event of early termination of the Subscription and whatever its cause, all sums remaining due by the Customer will be immediately payable without prejudice to any damages that may be due to DREAM AND CREATE. All the elements composing the Subscriptions are inseparable. THE CUSTOMER IS INFORMED THAT IN THE EVENT OF THE EDITING OF A PUBLICATION OR A WORK SUBJECT TO A SUBSCRIPTION, DREAM AND CREATE MAY REPLACE THIS PUBLICATION OR THIS WORK WITH ANOTHER PRODUCT EQUIVALENT IN QUALITY AND CONTENT . If the replacement of a publication or a work is considered, the Customer is informed in advance. The Customer retains the possibility of refusing the proposed replacement and of requesting reimbursement of the sums paid corresponding to the duration of the Subscription which cannot be satisfied.
Modification of the T & Cs DREAMING AND CREATING also reserves the right to modify the content of the T & Cs at any time and will notify the Customer of the changes made by email or by any other appropriate means. The new T & Cs will come into force on the date of their notification to the Customer. For Customers who have subscribed to a Subscription, the new T & Cs will come into force when their Subscription is renewed.
Personal data In accordance with article 32 of law n ° 78-17 of 6 January 1978 amended in 2004 (known as the “Data Protection Act”), the Customer is informed that personal data concerning him is subject to automated processing by DREAM AND CREATE to allow them to place Orders. In accordance with the provisions of the “Informatique et Libertés” law (articles 38 et seq.), The Customer has the right to access and rectify data concerning them and may oppose the processing for legitimate reasons. To exercise these rights, please contact: DREAM AND CREATE - Customer Service - 27 rue Dupont des Loges - 57000 Metz. Financial conditions Orders are granted upon payment by the Customer of the price corresponding to the Purchase or the Subscription. The price of the Subscriptions is communicated by DREAM AND CREATE at the Customer's request. DREAM AND CREATE reserves the right to modify its prices at any time and without incurring any liability. This change will come into effect within one month of the publication of the new prices. All the prices invoiced to the Customer by DREAM AND CREATE are those in force on the day the Order is registered, after deduction, where applicable, of all discounts, discounts and rebates applicable to the order. Prices are exclusive of any current or future taxes, duties or taxes. Also, prices will be increased up to the amount of any current or future taxes, duties or taxes that DREAM AND CREATE may be required to collect or pay in connection with the sale and delivery of the products. For Subscriptions, an invoice is established and sent to the Customer by DREAM AND CREATE following the registration of the Subscription as well as on each anniversary date of the renewal of the Subscription. For Purchases, an invoice is drawn up and sent to the Customer at the time of the Order. Unless otherwise agreed, any invoice will be payable by the Customer in its entirety within thirty (30) days of its establishment. No discount will be applied in the event of payment before the due date, unless otherwise indicated on the invoice. In the event of late payment, DREAM AND CREATE may suspend all Orders in progress, without prejudice to any other course of action. Any invoice not paid on the due date bears interest, as of right and without prior notice, at an annual rate equal to three times the legal interest rate, calculated by monthly installment. In the event of recovery of unpaid invoices by legal or other means, the amount thereof would be increased by 20% as a fixed penalty, within the meaning of articles 1226 and following of the Civil Code. The amount of the lump sum compensation for recovery costs due by operation of law to the creditor in the event of late payment is 40 euros, unless justified by higher costs.
Reservation of ownership It is expressly agreed between DREAM AND CREATE and the Customer that the transfer of ownership of the product is suspended until full payment of the price. During the period preceding this payment, the product will remain the entire property of DREAM AND CREATE, but the Customer will assume all risk as soon as the product is shipped.
Responsibility DREAMING AND CREATING makes no express or implied warranty with regard to the information and data it publishes. The Customer is solely responsible for the choice of his Order and, in his capacity as a professional, both for the use and interpretations he makes of the information and data published by RÊVER ET CRÉER, as well as for the acts and advice he uses. deducted or emitted. The use and use of this information and data by the Customer are therefore under his sole responsibility and at his own risk. In any case, RÊVER ET CRÉER will not engage its responsibility for the direct or indirect damage which could be caused by the information or data that it publishes. By express agreement between the Parties, indirect damages are considered to be any moral or commercial damage, loss of profits, turnover, orders, income, customers, loss of data and any action directed against the Customer by a third party. and the resulting consequences. In any event, in the event of questioning of the responsibility of DREAMING AND CREATING, its responsibility will be limited to the amount actually received by it for the Purchase or the contractual period of the current Subscription.
Force majeure Delays or non-fulfillment of Orders resulting from force majeure: fire, flood, strike (including pearl strike or zealous strike), regulation or demand from the public authorities, or any other inevitable, unforeseeable and beyond the control of DREAMING AND CREATING cannot give rise to compensation. The provisions of this article may not, however, under any circumstances, exempt one party from the obligation to pay the other any amount owed to him.
Intellectual property RÊVER ET CRÉER is the sole owner of the documentary funds, texts, works and illustrations contained in its products or services, as well as all reproduction and other rights related thereto, within the limits of the rights possibly held by third parties. The Customer is authorized to reproduce and print on paper the data to which he has access following a Purchase under a Subscription for exclusively internal and free use. This option may in no case be used to reproduce all the data contained in the products or services. The Customer is prohibited from copying, publishing, distributing or selling, in any way whatsoever, this data and more generally from undermining, directly, indirectly or through third parties with which he is associated, in any way whatsoever. or, to reproduction and other rights held by DREAM AND CREATE. As an exception to the above and only for La Lettre des Juristes d'Affaires, the Client is authorized to distribute the electronic version received by email provided that this distribution is exclusively internal and free. In addition, the Customer may only use the name DREAM AND CREATE in its advertising and commercial documents with the agreement of DREAM AND CREATE.
Various arrangements and choice of domicile - The Parties to the GTC are independent. Neither Party may enter into an undertaking in the name or on behalf of the other Party. Each party acts in its own name and on its own behalf, as an independent contractor. None of the stipulations of the T & Cs may be interpreted as creating between the parties, a company, a joint venture, a joint venture, a mandate, a subsidiary, an agent or employee to employer relationship - The T & Cs, including including the rights and obligations stipulated therein, may under no circumstances be transferred by the Client to a third party without the prior and express authorization of DREAMING AND CREATING. - If a clause of the GTC is found to be null, the rest of the GTC will not be affected by the nullity of the clause. - The fact, for one of the Parties, of not invoking a commitment by the other Party to the other Party of any of the obligations covered by the GTC, cannot be interpreted for the future as a waiver of the obligation in question. - For the execution of the GTC, the Parties agree to elect domicile under the following conditions: - To DREAM AND CREATE, in Paris, - For the Customer, at the address mentioned in the Order.
Applicable law - Amicable resolution of disputes - Competent jurisdiction The GTCS are subject to the provisions of French law. IN THE EVENT OF A DISPUTE ARISING FROM THE INTERPRETATION OR EXECUTION OF THESE GTCS, THE PARTIES UNDERTAKE TO SEARCH FOR AN AMICABLE SOLUTION. IN THE FAILURE OF SUCH A SOLUTION, THE DISPUTE WILL BE IN THE EXCLUSIVE JURISDICTION OF THE COURTS OF NANTERRE, WHETHER OR NOT THERE IS A PLURALITY OF DEFENDANTS OR AN APPEAL IN GUARANTEE. May 2018
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