Conditions for distance selling of publishing products and information services.
1. Documents and buyers concerned
These Conditions govern distance selling transactions between ALGORALAB Editions and professional customers for the purchase of Publishing Products and/or Information Services, collectively referred to as "the documents". Regardless of the form of the order, these Conditions apply in general and are intended to govern the commercial relations between ALGORALAB Editions and its Professional Customers.
The purpose of these Conditions is to establish a clear and equitable framework for all parties concerned. They define the rights and obligations of each party, as well as the terms of transaction and delivery of documents.
2. Formation, validity and proof of order
Editions ALGORALAB reserves the discretionary right to refuse an order placed by a Customer if the latter has already been the subject of a previous order not paid for within the agreed time and has not remedied this situation. Receipt of the order by Editions ALGORALAB is considered to be the formal act of its formation, thus establishing the contractual basis between the parties. Editions ALGORALAB and the Customer expressly waive the right to require a private deed, in accordance with the provisions of articles 1341 et seq. of the French Civil Code. Within the framework of exchanges between Editions ALGORALAB and the Customer, computer recordings of messages exchanged are considered as literal proof, attesting to the commitments and exchanges between the parties. By validating his/her order, the Customer fully and unreservedly accepts the present General Terms and Conditions, thereby acknowledging their binding legal value. It is important to emphasize that the Customer assumes full responsibility for the information he/she communicates when placing an order, in particular his/her surname, first name, name, contact details, address, SIRET number, etc. The Customer is aware that any error or inaccuracy in this information may lead to consequences such as a delay in delivery or the impossibility of accessing the requested service. In the event of error or inaccuracy, all expenses incurred by Editions ALGORALAB, in particular to correct or re-register the order, will be borne exclusively by the Customer, unless Editions ALGORALAB prefers to cancel the order. It is therefore essential for the Customer to ensure the accuracy and authenticity of the information provided at the time of ordering, in order to avoid any inconvenience and to ensure the smooth and efficient processing of his/her request.
Prices quoted in the catalog are always exclusive of tax, shipping costs and discounts. Prices of certain items may vary according to exchange rates and are subject to change without notice. Prices quoted must be increased by the current rate of VAT. Any change in the rate will be applied immediately to the current order. Additional charges will be invoiced to the Customer for each postal shipment, if applicable.
The invoice shall give full details of the documents supplied or services performed, indicating the price before application of discounts, the price after deduction of discounts and any shipping costs. For deliveries sent by post, an invoice is included in the packaging containing the documents ordered. Any opening of the packaging is considered to be acceptance of the delivery and of the conditions set out on the invoice. If the delivery address is different from the invoicing address, the original invoice is sent to the invoicing address, while a duplicate is enclosed with the items delivered.
Unless payment is made by credit card, payment must be made within 30 days of the invoice date. No discount will be granted for early payment. In the event of late payment, a penalty equivalent to three times the legal interest rate for the current year will be applied. Unless otherwise specified for online sales, payment may be made by cheque or bank transfer. In the case of an order in the name of or on behalf of an individual, Editions ALGORALAB reserves the right to demand payment of the agreed price before dispatch. Any delay in payment will result in a flat-rate indemnity of €40 for collection costs, in accordance with article D441-5 of the French Commercial Code.
6. Intellectual property rights
Documents supplied by Editions ALGORALAB are subject to the provisions of the French Intellectual Property Code in order to guarantee their protection. Consequently, any reproduction, distribution or communication of these documents, whether by electronic, physical or any other means, without the prior written authorization of Editions ALGORALAB or its assignees, constitutes an infringement of copyright and is considered as counterfeiting.
It is important to note that copyright infringements are severely punished by law. Penalties can include substantial financial fines as well as deprivation of liberty. ALGORALAB Editions is firmly committed to protecting its intellectual property rights and to taking appropriate legal action to enforce these rights in the event of infringement.
7. Return of items
When sending articles by mail, it is important to note that ALGORALAB Editions does not send articles for consultation purposes only. This means that items are not sent to be simply consulted and then returned. Editions ALGORALAB attaches great importance to customer satisfaction, and will consider any return request that meets certain conditions. Thus, any request for the return of an item will only be considered by Éditions ALGORALAB in writing within five (5) working days of the invoice date. It is essential to respect this deadline for the request to be taken into account. In addition, Editions ALGORALAB will only process return requests in the following cases: if the packaging of the item has not been opened, if an error has been made by the company's services when sending the documents, or if the documents received are damaged or incomplete. In these specific situations, ALGORALAB Editions will take the necessary steps to resolve the problem and meet the customer's expectations. It is therefore important to inform ALGORALAB of any deviation from the conditions of receipt of the items within the specified time limits, so that ALGORALAB Editions can take the appropriate measures to remedy the situation.
Editions ALGORALAB makes every effort to provide quality information. However, it does not expressly or implicitly warrant the suitability of the information contained therein for any particular purpose, its fitness for any specific purpose, its accuracy or its timeliness, although it takes great care in doing so.
a. It is important to emphasize that ALGORALAB Editions declines all liability to the Customer for any loss arising from the execution of the order. This notion of "loss" includes in particular the loss of profits, revenue, clientele, as well as any payment made or due to a third party, economic loss, the impossibility of using the data in specific functions, and any loss or damage resulting from a delay in supplying the data which is the subject of the order.
b. The liability of Editions ALGORALAB towards the Customer, whatever its nature, is strictly limited to the total amount paid by the Customer to Editions ALGORALAB.
c. It should be noted that ALGORALAB Editions cannot be held liable to the Customer for any misunderstanding or misinterpretation resulting from oral communication. The Customer is therefore advised to pay particular attention to the written information provided by ALGORALAB Editions in order to avoid any confusion or misunderstanding.
9. Applicable law and jurisdiction
The order and all acts arising from it are governed by French law. All disputes arising from the order shall be subject to the exclusive jurisdiction of the courts of Lyon, even in the event of multiple defendants, third-party proceedings or summary proceedings.
10. Special conditions applicable to books with updates and virtual libraries
A subscription to a book or software with updates or to a virtual library is valid for 12 months from the date of the order. Unless written notification 30 days before the expiry date, the subscription will be renewed by tacit agreement for a further 12 months.
11. Special conditions applicable to online sales
In the case of online orders, the above conditions apply subject to the following additions or special conditions, which shall prevail:
When payment is made by credit card, Les Éditions ALGORALAB accepts the following cards:
- VISA, EUROCARD or MASTERCARD cards,
- cards issued by international networks approved by the GIE Credit Cards. The indication of the bank card number and its expiry date (the "Bank Information") by the Customer constitutes a mandate to pay the price inclusive of tax accepted in the order. The confidentiality of the Bank Information transmitted by the Customer via the Editions ALGORALAB website to an approved banking institution is ensured in a secure environment. Consequently, the Customer expressly authorizes the card issuer to debit the Customer on the basis of the records transmitted by Editions ALGORALAB, even in the absence of a signature. This authorization cannot be revoked.
Payment by credit card is the only means of payment accepted by Editions ALGORALAB.
Article 7 does not apply to documents downloaded or consulted online. Purchases are firm and final, and cannot be exchanged or refunded.
c. Conditions of use of downloaded documents
Copyright and reproduction: the downloaded document is protected by the copyright of Editions ALGORALAB. Consequently, it is strictly forbidden to reproduce, transmit or resell the document, whether electronically or in printed form. It is also forbidden to photocopy or reproduce it in any form whatsoever, in accordance with national and international copyright legislation. Under no circumstances may the document be resold.
Use on a network: the downloaded electronic file may under no circumstances be placed on a network, be it a local network or an online network. It is strictly reserved for individual use and may not be shared with others via a network.
Integrity and identification details: the Customer undertakes not to undermine the integrity of the downloaded document, including in particular the prohibition of modifying or deleting identification details and/or technical control measures and restrictions on use. The customer must also comply with any protective measures put in place in the document in order to preserve the rights of third parties.
Verifications by ALGORALAB Editions: The Customer agrees that ALGORALAB Editions or its representatives may carry out verifications during normal business hours at the Customer's premises.
Of the Customer's premises. The purpose of these verifications is to ensure that the Customer complies with the terms of the license and does not infringe copyright by making unauthorized use of the downloaded document.
d. Responsibility for the online service
The Customer acknowledges that he/she is aware of the characteristics and limitations of the Internet, in particular with regard to data transmission and the potential risks of disruption or damage to data. ALGORALAB Editions declines all responsibility for technical problems beyond its control.
However, ALGORALAB Editions undertakes to use reasonable endeavours to fulfil all its obligations under the present terms and conditions. Should Editions ALGORALAB be held liable, this liability will be limited to the amount of the order placed by the Customer.