PRE-CONTRACTUAL INFORMATION
1/ UNI-PRESSE :
The UNI-PRESSE Association is an association under the law of 1901, registered with the Préfecture de Police de PARIS, with its registered office at 112 rue Réaumur, 75080 Paris Cedex 02 France.
Tel: +33 (0)1 42 78 37 72
Siret no.: 44879427100024
Intracommunity VAT code: FR 30448794271
The UNI-PRESSE Association sells press subscriptions in paper or digital format, in its capacity as an intermediary for press publishers.
2/ Directors :
Chairman: François – Xavier Devaux
Managing Director: Mariana Negri – Marchegay
3/ Site hosting :
ALWAYSDATA, SARL
RCS Paris 492 893 490
91 rue du Faubourg Saint Honoré – 75008 Paris
4/ Credits
Site design (maintenance and production) : Déménageur de Site
Design (Mock-up) : Agence Hybrid
5/ Contact Customer Service
– From France: +33 (0)1 42 78 37 72 (Free service + call charge) / Monday to Friday, 10am to 12pm and 2.30pm to 5pm.
– By fax: +33 (0)1 42 78 06 57 (cost depending on operator)
– By post: UNI-Presse – Service Clients – 112 rue de Réaumur – 75080 PARIS cedex 02 – FRANCE
– By e-mail: servicepro@uni-presse.fr
6/ Médiation
In the event of difficulty in the performance of the contract, the customer may have recourse to the online mediation service of FEVAD (Fédération de la vente à distance), 60 rue la Boétie, 75008 PARIS, e-mail: mediateurduecommerce@fevad.com.
Prior to placing an order and entering into a contract, the buyer acknowledges having been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the purchaser in a clear and comprehensible manner:
– the essential characteristics of the good or service
– the price of the good or service
– any additional transport, delivery or postage costs and any other charges;
The fact that a natural person (or legal entity) places an order on the “www.uni-presse.fr” website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the seller.
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by “UNI-PRESSE” (“the Seller”) with consumers and non-professional buyers (“the Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website “www.uni-presse.fr”.
In particular, they specify the ordering, payment and delivery conditions.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, prior to any transaction with the customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to distance sales over the Internet.
They can be accessed at any time on the “www.uni-presse.fr” website and shall prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.
ARTICLE 2 – Products offered for sale
The Products offered for sale on the “www.uni-presse.fr” website are press subscriptions in paper or digital format, concerning more than 650 French press titles sent in France and abroad.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the “www.uni-presse.fr” website.
It is the Customer’s responsibility to familiarise themselves with this information before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the “www.uni-presse.fr” website are not contractual and shall not incur the liability of the seller.
The customer must refer to the description of each product in order to find out about its properties, its essential characteristics and, in the case of a continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest when the order is validated by the customer.
The Products presented on the “www.uni-presse.fr” website are offered for sale in the following territories: mainland France, French overseas departments and territories, the EU and internationally (see appendix 1).
In the event of an order to a country other than mainland France, the customer is the importer of the Product(s) concerned.
For all products shipped outside the European Union and French Overseas Departments and Territories, the seller applies different rates depending on the destination country of the subscription taken out. Customs duties or other local taxes or import duties or state taxes may be payable. Prices include handling and shipping costs and are quoted in euros, inclusive of VAT.
ARTICLE 3 – Seller’s contact details
The seller’s contact details are as follows
UNI-Presse – Association Loi 1901
112 rue Réaumur, 75080 Paris Cedex 02 FRANCE
Tel : +33 (0)1 42 78 37 72
Siret number: 44879427100024
Registered with the Préfecture de Police de PARIS
Intra-Community VAT code: FR 30448794271
Email : servicepro@uni-presse.fr
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right to access, rectify, object to, delete and port all his/her personal data at any time by writing, by post and providing proof of his/her identity, to the Vendor’s address mentioned above or by filling in an account deletion form on the attached page.
Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the “www.uni-presse.fr” website.
ARTICLE 4 – Seller’s capacity as intermediary
The Seller acts as an intermediary in the name and on behalf of press publishers.
The Seller is therefore responsible for :
– the manner in which offers are presented;
– registering orders; and
– paying for orders throughout the life of the subscription;
– taking into account requests for modifications (change of address, etc.), suspension and/or cancellation of the subscription;
– after-sales service.
The press publisher is responsible for :
– the delivery of subscriptions to third-party titles in France and abroad. The Vendor may not be held responsible for any defects in the delivery of these magazines.
ARTICLE 5 – Orders
5-1 . Placing an order
It is the Customer’s responsibility to select the Products they wish to order on the “www.uni-presse.fr” website, in accordance with the following procedures:
– Subscription offers are valid subject to availability from the publisher.
– The Customer creates an account on the “www.uni-presse.fr” website and provides all the information requested on the online registration form,
Customers have the opportunity to check the details of their order and its total price and to correct any errors before confirming their acceptance. It is the customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the “www.uni-presse.fr” website when the customer accepts these general terms and conditions of sale by ticking the appropriate box and validates the order. This validation implies acceptance of these general terms and conditions of sale in their entirety, as well as the general terms and conditions of use of the “www.uni-presse.fr” website.
The sale only becomes final once the seller has sent the customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and once the seller has received payment in full.
Any order placed, validated by the Customer and confirmed by the Vendor, under the terms and conditions described above, on the “www.uni-presse.fr” website constitutes the formation of a distance contract between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Vendor 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.
5-2 . Modification of the order
Once the order has been confirmed and accepted by the seller, under the conditions described above, it cannot be modified.
5-3 . Cancellation of the order
Once the order has been confirmed and accepted by the seller, under the conditions described above, it cannot be cancelled, except in the event of the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 – Prices
The Products are supplied at the current prices shown on the “www.uni-presse.fr” website when the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the “www.uni-presse.fr” website.
These prices are firm and non-revisable during their period of validity, as indicated on the “www.uni-presse.fr” website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They include the costs of processing, dispatch, transport and delivery.
The payment requested from the customer corresponds to the total amount of the purchase, including the cost of postal delivery by priority mail.
ARTICLE 7 – Terms of payment
The price is payable in cash, in full, on the day the order is placed by secure payment, using the following methods:
– by bank card: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
– by PAYPAL,
– by cheque,
– by bank transfer.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card.
If payment is made by cheque, it must be issued by a bank domiciled in France or Monaco.
The cheque is cashed on receipt.
Payment data is exchanged in encrypted mode using the SSL encryption protocol.
ARTICLE 8 – Availability
8.1 Available publications
Product offers are subject to availability. The Vendor may not be held liable in the event of delay or cessation of production of a Product from a third party service provider.
If Products are unavailable after an order has been placed, the order will be cancelled. The Vendor will inform the Customer of this cancellation as soon as possible and by post, as well as the method of reimbursement.
The Vendor will inform the Customer as soon as possible, in writing, of this cancellation as well as the methods of reimbursement. The Vendor will reimburse the Customer for all sums paid by the Customer, including the cost of delivery of the order (within the limit of the standard delivery method), within a maximum period of 14 days from notification of the cancellation of the said order.
8.2 Discontinuation of Titles
Discontinuation of a magazine by the Seller at any time shall give rise, at the Customer’s choice :
– either delivery, for the remaining value of the subscription, of another publication offered by the publisher,
– or reimbursement of the remaining issues of the subscription.
ARTICLE 9 – Delivery
Depending on their frequency, the products ordered by the Customer will be delivered in mainland France and in the international countries listed in the appendix, within a period of 4 to 8 weeks from registration of the order and payment – the delivery time indicated on the product sheet plus the processing and delivery time – to the address indicated by the Customer when placing the order on the “www.uni-presse.fr” website.
Delivery consists of the transfer of physical possession to the Customer.
The seller undertakes to make its best efforts to deliver the products ordered by the Customer within the times specified above. However, these times are given for information only.
If the products ordered have not been delivered within 5 days of the indicative delivery date, for any reason other than force majeure or the fault of the customer, the sale may be cancelled at the written request of the customer under the conditions set out in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or reimburse the Customer, as indicated in the article “Vendor’s liability – Guarantee”.
In the event of damage occurring during the transport of the ordered products, the customer will have a period of three days from the said delivery to formulate a reasoned protest. In order to do so, the customer must contact the UNI-Presse Pro Service by e-mail or by post (address indicated in article 3 above).
ARTICLE 10 – Transfer of ownership – Transfer of risks
The transfer of ownership of the seller’s products to the customer will only take place after full payment of the price by the customer, regardless of the date of delivery of the said products.
Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the products. The products therefore travel at the seller’s risk.
ARTICLE 11 – Right of withdrawal
In accordance with the legal provisions in force, the customer has a period of fourteen days from the date of any purchase made on the “www.uni-presse.fr” site to exercise his/her right of withdrawal from the seller, without having to give any reason or pay any penalty.
If the customer has received one or more issues, reimbursement is possible, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the seller being notified of the customer’s decision to withdraw.
Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be marketed as new.
Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the “www.uni-presse.fr” website, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the customer by the seller, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery costs will be reimbursed; the cost of returning the product(s) will be borne by the customer.
Reimbursement will be made within 14 days of notification to the Vendor of the decision to withdraw.
Exclusion of the right of withdrawal as soon as a digital magazine is downloaded:
By virtue of the provisions of article L 221-28 of the French Consumer Code, in the case of a 100% digital magazine subscription, the customer waives his or her right of withdrawal as soon as a publication has been downloaded and read, regardless of the method of purchase, unless a bug or any other technical problem makes it impossible to read the said title.
ARTICLE 12 – Legal guarantee
12.1 Legal guarantee of conformity
Pursuant to Article L217-4 of the French Consumer Code: “The seller delivers goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility”.
Under Article L217-5 of the French Consumer Code: To be in conformity with the contract, the goods must :
– Be fit for the use normally expected of similar goods and, where applicable:
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
– Or have the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter”.
However, the sale cannot be rescinded if the lack of conformity is minor.
Under article L 217-12 of the French Consumer Code: “Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods”.
12.2 Legal guarantee against hidden defects
Under article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold that render it unsuitable for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them”.
Under Article 1645 of the Civil Code: “If the seller was aware of the defects, he is liable to the buyer for all damages in addition to restitution of the price he received.
Under Article 1646 of the Civil Code: “If the seller was unaware of the defects in the item, he shall only be liable to refund the price and reimburse the buyer for the costs incurred by the sale”.
Under Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.”
12.3 Implementation of legal guarantees
For any request concerning the legal guarantees referred to above, the Customer may contact Customer Services:
Contact Customer Service – Magazine subscription :
– From France: +33 (0)1 42 78 37 72 (Free service + call charge) / Monday to Friday from 10am to 12pm and from 3pm to 5pm.
– By fax: +33 (0)1 42 78 06 57 (cost depending on operator)
– By post: UNI-Presse – Service Clients – 112 rue de Réaumur – 75080 PARIS cedex 02 – FRANCE
– By e-mail: servicepro@uni-presse
ARTICLE 13 – Protection of personal data
Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, it should be noted that the personal data requested from the Customer is necessary for the processing of the Customer’s order and, in particular, for the preparation of invoices.
This data may be communicated to any of the Vendor’s partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the “www.uni-presse.fr” website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with national and European regulations in force, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.
This right may be exercised under the terms and conditions defined on the “www.uni-presse.fr” website.
ARTICLE 14 – Intellectual property
The content of the “www.uni-presse.fr” website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 15 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is the result of a case of force majeure, within the meaning of article 1218 of the French Civil Code.
ARTICLE 16 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
In the event of a dispute, the Customer should first contact UNI-PRESSE’s Service Pro in order to resolve it amicably. If this approach fails, the Customer may have recourse to the online mediation service of FEVAD (Fédération de la vente à distance), 60 rue la Boétie, 75008 PARIS, e-mail: mediateurduecommerce@fevad.com.
In accordance with the rules applicable to mediation, customers are reminded that a consumer dispute must first be referred in writing to the seller’s Service Pro before any request for mediation can be made.
In the event of a dispute with professionals and/or merchants, the courts of PARIS (France) shall have jurisdiction.
In the event of a dispute with a consumer that has not been resolved by one or other of the means of recourse set out above, the French courts shall have jurisdiction. It should be noted that, pursuant to the provisions of article L. 141-5 of the French Consumer Code, “the consumer may choose, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, the court for the place where he or she lived when the contract was concluded or when the harmful event occurred”.
APPENDIX 1 – List of delivery countries
A : ACORES; AFGHANISTAN; ALBANIA; ALGERIA; ANDORRA; ANGOLA; SMALL ANTILLES; ARABIA SAUDITE; ARGENTINA; ARUBA (DUTCH ANTILLES); ARMENIA; AUSTRIA; AUSTRALIA; AZERBAIJAN
*
B: BAHAMAS; BAHRAIN; BANGLADESH; BARBABE ISLAND – WEST INDIES; BELGIUM; BENIN; BELIZE; BELARUS; BIRMANIA; BOLIVIA; BOSNIA- HERZEGOVINA; BOTSWANA; BRAZIL; BRUNEI; BULGARIA; BURKINA FASO; BURUNDI
*
C: CAMEROON; CAMBODIA; CANADA; CANARY ISLANDS; CAPE VERDE; CENTRAL AFRICAN REPUBLIC; CHAD; CHILE; CHINA; COLOMBIA; COMOROS; CONGO; SOUTH KOREA; NORTH KOREA; COSTA RICA; CROATIA; CUBA; CURACAO (NETHERLANDS ANTILLES); CYPRUS; CZECH REPUBLIC;
*
D : DEMOCRATIC REPUBLIC OF THE CONGO; DENMARK; DJIBOUTI; DOMINICA ISLAND; DOMINICAN REPUBLIC
*
E: EGYPT; EL SALVADOR; UNITED ARAB EMIRATES; ECUADOR; ERITREA; ESTONIA; ETHIOPIA;
*
F: FIDJI (ISLANDS); FINLAND; FRANCE, METROPOLITAN AND DOM TOM ; FRENCH POLYNESIA; FRENCH SOUTHERN LANDS
*
G: GABON; GAMBIA; GEORGIA; GERMANY ; GHANA; GIBRALTAR; GREECE; GRENADA; GUADELOUPE; GUATEMALA; GUINEA; GUINEA – BISSAU; EQUATORIAL GUINEA; GUYANA; FRENCH GUYANA
*
H : HAITI ; HONDURAS ; HUNGARY ; HONG KONG – PEOPLE’S REP OF CHINA
*
I: ICELAND; INDIA; INDONESIA; IRAN; IRAQ; IRELAND; ISRAEL; ITALY; IVORY COAST
*
J: JAMAICA; JAPAN; JORDAN
*
K: KAZAKHSTAN; KENYA; KOSOVO; KUWAIT; KYRGYZSTAN
*
L : LAOS ; LESOTHO ; LATVIA ; LIBAN ; LIBERIA ; LIBYA ; LIECHTENSTEIN ; LITHUANIA ; LUXEMBOURG
*
M: MACAU; MACEDONIA; MADAGASCAR; MALAYSIA; MALAWI; MALTA; MOROCCO; MARTINIQUE; ILE MAURICE; MAURITANIA; MAYOTTE; MEXICO; MOLDOVA; MONTENEGRO; MONACO; MONGOLIA; MOZAMBIQUE
*
N : NAMIBIA; NEPAL; NETHERLANDS; NEW CALEDONIA; NEW GUINEA; NEW ZEALAND; NICARAGUA; NIGER; NIGERIA; NORWAY
*
O : OMAN
*
P: PALESTINIAN TERRITORIES; PAKISTAN; PANAMA; PARAGUAY; PERU; PHILIPPINES; POLAND; PORTUGAL
*
Q: QATAR
*
R: REUNION; ROMANIA; RUSSIA; RWANDA
*
S : SAINT BARTHELEMY FRANCE; SAINTE HELENE; SAINTE LUCIE (ISLANDS); SAINT MARIN; SAINT MARTIN FRANCE; SAO TOME AND PRINCIPE; ST PIERRE MIQUELON; SENEGAL; SERBIA; SEYCHELLES (ISLANDS); SIERRA LEONE; SINGAPORE; SLOVAKIA; SLOVENIA; SOMALIA; SOUTH AFRICA; SUDAN; SPAIN; SRI LANKA; SWEDEN; SWITZERLAND; SURINAME; SWAZILAND; SYRIA
*
T: TAJIKISTAN; TAIWAN; TANZANIA; THAILAND; TOGO; TRINIDAD AND TOBAGO; TUNISIA; TURKMENISTAN; TURKEY
*
U: UNITED KINGDOM (THE); UNITED STATES (THE); UKRAINE; URUGUAY; UGANDA; UZBEKISTAN
*
V: VANUATU; VENEZUELA; VIET NAM
*
W: WALLIS AND FUTUNA
*
Y: YEMEN; YEMEN ARAB REP
*
Z: ZAMBIA; ZIMBABWE