Terms and Conditions

GENERAL AND SPECIAL CONDITIONS OF SALE OF BOUQUINEO.FR,

A SITE OF CROSSING PATHS SAS

PREAMBLE

The website www.bouquineo.fr is managed by the company Chemins de tr@verse, a simplified joint stock company with a share capital of 97,471 euros, domiciled at 4 avenue Burdeau, 69250 Neuville sur Saône and registered with the Paris Trade and Companies Register under number 512 725 060.

The website www.bouquineo.fr offers:

an offer to purchase digital books, allowing you to download and read these books on different reading terminals; this offer presents the digital books published by Chemins de tr@verse editions (SAS Chemins de tr@verse), possibly in co-publication with other publishing houses.

an offer to purchase printed versions of some of these digital books.

The digital files offered on www.bouquineo.fr contain intellectual works such as books in various file formats. Downloading consists of the transmission and reproduction, on the customer's reading device or electronic reading software, of a digital file integrating the work he has chosen.

Access to these digital files requires the use of the Internet, electronic devices connected to the Internet, and suitable reading software.

The general conditions set out below apply to all offers available on the website www.bouquineo.fr, with the exception of articles 7 and 8 which present the specific conditions governing access to the various offers proposed on the Site. They are available only in French. The customer has the option of saving and printing them.

ARTICLE 1 – DEFINITIONS

These general and specific conditions of sale of Bouquineo.fr include the following definitions:

- “Site”: set of Internet pages operated by SAS Chemins de tr@verse containing the offers defined in the preamble hereto, presented by the site www.bouquineo.fr.

- “Digital file”: computer file, in a defined format, allowing the representation on an electronic device of a work of the mind.

- “download”: transmission of a digital file incorporating the digital book chosen by the customer on an electronic device connected to the Internet and its reproduction on the customer’s electronic reading device for the sole purpose of reading by the customer.

- “Printed version”: printed version of a book from Chemins de tr@verse editions.

- “Printed versions”: refers generally to books from Chemins de tr@verse editions sold in paper version.

- “E-reader”: any electronic terminal allowing, possibly after the installation of specific software, the reading of digital books.

- “Services”: all the services offered by the company Chemins de tr@verse on the Site, namely the purchase, downloading of digital Files, and the purchase of printed Versions. These services are also individually designated by the term “Service”.

ARTICLE 2 – PURPOSE

These constitute, to date, the general and specific conditions of sale of the Services, namely:

the final download of digital files (see specific conditions in article 7),

the purchase of printed versions (see special conditions in article 8).

However, they may be subject to change. The applicable conditions are then those in force on the Site on the date the customer places their order. Consequently, the customer is invited to consult the Site regularly in order to keep informed of the most recent developments.

To be authorized to place an order on the Site, you must first have read and accepted these general and specific conditions of sale for the Bouquineo.fr offer, which you can print by clicking on the "print" icon in the browser or by choosing "print" in the file menu.

Clicking on the "Place my order" button, present on the payment method registration screen, constitutes an electronic signature which certifies your unreserved consent to these general terms and conditions of sale and to the specific conditions associated with the Services and on the descriptive sheets of the digital Files and printed Versions presented on the Site.

SAS Chemins de tr@verse reserves the right to modify at any time all or part of these general and specific conditions of sale of the Bouquineo.fr offer. Take the precaution of reading them with each order to inform yourself of any changes.

The specific conditions specific to the use of each of the Services as well as the general conditions of sale of the Bouquineo.fr offer will be those in force on the Site on the date of confirmation of the order. Unless proven otherwise (for example, production of a paper output of the confirmation screen of your order and including the date of purchase), the terms of the order kept by the Site in the form of electronic records on the Site will constitute proof of all transactions between the customer and SAS Chemins de tr@verse.

The download terms and general technical constraints associated with the download of SAS Chemins de tr@verse digital files are presented in detail and updated on the following information page. These general technical terms and constraints as written on the page indicated above on the date of the order form an integral part of these general and specific conditions of sale and are presumed to be known and accepted when ordering on the Site. Under no circumstances may a claim or request for reimbursement be made on the basis of a lack of knowledge or refusal of these general technical terms and constraints.

The Site is compatible with Mac and PC computers.

ARTICLE 3 – PROTECTION OF THE SITE

Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Site is prohibited and exposes its author(s) to prosecution. These general conditions of sale in no way imply authorization to represent, reproduce, modify or commercially use the various elements of the Site.

ARTICLE 4 – MODIFICATION OF SERVICES

SAS Chemins de tr@verse reserves the right to make any modifications and improvements to its Services that it deems necessary or useful and will not be liable for any damages of any nature that may arise as a result.

Furthermore, SAS Chemins de tr@verse reserves the right, without notice or compensation, to permanently stop a Service or all of the Services offered by it on the Site and will not be liable for any damages of any nature that may arise as a result.

ARTICLE 5 – CONDITIONS OF ACCESS

The Site is normally accessible to the customer 24 hours a day, 7 days a week and all year round.

SAS Chemins de tr@verse nevertheless reserves the right, without notice or compensation, to temporarily close access and will not be liable for any damage of any nature that may arise as a result.

The Services offered by Chemins de tr@verse are accessible to persons with the legal capacity to contract and who hold a valid personal bank card. Orders from minors must be placed by one of their parents or legal representatives.

ARTICLE 6 – CREATION OF A CUSTOMER ACCOUNT

In order to provide the customer with an optimal service, SAS Chemins de tr@verse offers the customer to create a customer account. The customer account stores without time limit the history of orders placed by the customer on the Site as well as the download links of the Digital Files that he has purchased on the Site.

Creating a customer account is not mandatory to place an order on the Site. However, in the absence of a customer account, the download links for the Digital Files purchased by the customer will be sent to him once by email, to the email address that the customer will have mentioned during the purchase process, but will not be archived by the Site and may not under any circumstances be communicated again to the customer if he were to lose them.

If the customer, after having placed several orders on the Site without creating a customer account, decides to create one, this customer account will store the customer's order history (and the download links for the associated Digital Files) from the date of creation of the customer account only. Orders placed before the creation of the customer account may not under any circumstances be re-integrated into the order history of the customer account.

If the customer wishes to create a customer account, SAS Chemins de tr@verse asks the customer to provide certain personal data necessary for the management of their orders and which will be kept in the SAS Chemins de tr@verse database for the sole purposes of this management.

In particular, the following information is required: first name, last name, full postal address, email address. SAS Chemins de tr@verse reserves the right to request additional information from the customer such as their telephone number.

In all cases, the customer agrees to provide true and sincere information and to inform SAS Chemins de tr@verse of any changes concerning him. This information remains confidential and reserved for the management of orders on the Site. The customer will be solely responsible for the consequences of the use of his customer account, until it is deactivated. Any attempt to substitute a password or identifier is prohibited.

ARTICLE 7 – PURCHASE AND DOWNLOAD OF DIGITAL FILES

This article defines the specific conditions associated with the service of purchasing and downloading digital Files offered on the Site. It applies only to this specific Service.

7.1 ORDERING, PAYMENT AND DELIVERY PROCESS

To be able to purchase the Digital Files of a book offered on the Site, the customer must have added said book to his basket by selecting the “Digital Versions” option by clicking on the “Add to my basket” button on the web page presenting said book on the Site. He can add as many books as he wishes to his basket. The same order may contain both Digital Files and Printed Versions.

Once he has added this (these) book(s) to his basket, to place an order, he clicks on the "Place my order" button on the "My basket" web page on the Site. He will then be asked, if he has not already done so, to log in under his customer account or to continue his order without creating a customer account if he prefers. If the customer chooses this last option, he will nevertheless have to provide his name, first name, address and email address (for invoicing and delivery of the Digital File(s)).

The customer will then be sent to an order summary web page, reminding them of the books they have added to their cart, the unit price of those books, and the total price of their order. They will be prompted to validate their order by clicking on the "Place my order" button.

To validate his order, he must have checked the box "I accept the general conditions of sale" located on the summary web page of his order. This checked box entails the acceptance by the customer of the present general conditions of sale of Bouquineo.fr, including the general technical terms and constraints related to the purchase of the Digital Files presented on the information page of the Site [link to the page "how it works"] and the specific conditions related to each product presented on the descriptive sheets of the Digital Files on the Site.

The customer can print the order summary web page which includes the acceptance clause in particular to keep the information on his order. He is invited to note his order number which will be requested in the event of a complaint.

The customer can abandon his order until the payment of his order is validated.

The customer can pay for their orders by credit card.

When paying, the customer accesses a secure page where he is asked to enter his bank card number, the expiration date of the card and the number indicated on the back of the card (visual cryptogram). For greater security during its transfer, the customer's bank card number is encrypted. Following the transaction, the bank card number is not stored. It will be requested for any new order.

Once the bank card code has been validated, the order is confirmed and can no longer be cancelled or refunded.

After validation of the payment by the bank, the download link(s) to the Digital File(s) subject to the order are sent to the customer at the email address provided during the order process. Access to the purchased Digital Files is open to the customer only and personally and has no expiry date.

Upon validation of payment, orders for Digital Files are deemed firm and final and cannot give rise to any exchange or refund, even if the customer subsequently decides to renounce the downloading or online reading of said Digital Files from the “My Library” web page.

The customer acknowledges that the seven-day withdrawal period provided for in Article L.121-20-20 of the Consumer Code cannot apply, since his order has been accepted and executed by the delivery of the digital Files by download link(s) sent to the email address provided by the customer during the ordering process, which is equivalent to a final delivery of the product.

In the event of difficulties, and in particular if the customer encounters difficulties in using the Digital Files, he can contact SAS Chemins-de-traverse by email at the address using the contact form at the bottom right of each page of the Site.

7.2 PRICE

The prices expressed on the Site for the purchase of digital Files are inclusive of all taxes and shipping costs.

Communication costs related to the use of the services offered by SAS Chemins de tr@verse and access to the Site remain the responsibility of the customer.

7.3 WARNING

The digital files offered on the Site are intended for private use only; any reproduction, representation or collective public use is prohibited and exposes its author to prosecution provided for by the provisions in force of the intellectual property code.

This article defines the specific conditions associated with the Printed Versions purchase service offered on the Site. It applies only to this specific service.

8.1 ORDERING, PAYMENT AND DELIVERY PROCESS

To be able to purchase the Printed Version of a book offered on the Site, the customer must have added said book to his/her shopping cart by clicking on the "Add to my cart" button on the web page presenting said book on the Site. He/she can add as many books as he/she wishes to his/her shopping cart. The same order may contain both Digital Files and Printed Versions.

Once he has added this(these) book(s) to his basket, to place an order, he clicks on the "Place my order" button on the "My basket" web page on the Site. He will then be asked, if he has not already done so, to log in under his customer account or to continue his order without creating a customer account if he prefers. If the customer chooses this last option, he will nevertheless have to provide his name, first name, address and email address (for invoicing and delivery of the printed Version(s)).

The customer will then be sent to an order summary web page, reminding them of the books they have added to their cart, the unit price of those books, and the total price of their order. They will be prompted to validate their order by clicking on the "Place my order" button.

To validate his order, he must have checked the box "I accept the general conditions of sale" located on the summary web page of his order. This checked box entails the acceptance by the customer of the present general conditions of sale of Bouquineo.fr, including the general technical terms and constraints related to the purchase of the Digital Files presented on the information page of the Site [link to the page "how it works"] and the specific conditions related to each product presented on the descriptive sheets of the Digital Files on the Site.

The customer can print the order summary web page which includes the acceptance clause in particular to keep the information on his order. He is invited to note his order number which will be requested in the event of a complaint.

The customer can abandon his order until the payment of his order is validated.

The customer can pay for their orders by credit card.

When paying, the customer accesses a secure page where he is asked to enter his bank card number, the expiration date of the card and the number indicated on the back of the card (visual cryptogram). For greater security during its transfer, the customer's bank card number is encrypted. Following the transaction, the bank card number is not stored. It will be requested for any new order.

After validation of the payment by the bank, an order is placed with the company Chemins de tr@verse which then takes charge of the printing, packaging and shipping by post of the printed Version(s) to the customer at the address that the latter indicated during the ordering process on the Site.

The customer has a right of withdrawal as provided for by law (article L.121-20-20 of the Consumer Code). If the customer wishes to exercise his right of withdrawal, he must inform SAS Chemins de tr@verse within 7 working days after delivery of the order. The goods, in their original packaging and intact, must also be returned within the same period to Chemins de tr@verse, 4 avenue Burdeau, 69250 Neuville sur Saône, France. Chemins de tr@verse will reimburse any sums already paid within 30 days following the return of the goods, with the exception of the return costs which remain the responsibility of the customer. Under no circumstances will incomplete, damaged, used by the customer or soiled goods be taken back.

8.2 PRICE

The prices expressed on the Site for the Printed Versions are inclusive of all taxes and exclusive of shipping costs. These shipping costs depend on the weight of the Printed Version concerned and the recipient's address, and correspond to the rates charged by the Post Office. They are indicated separately on the order summary web page.

Communication costs related to the use of the services offered by SAS Chemins de tr@verse and access to the Site remain the responsibility of the customer.

8.3 RESPONSIBILITY

Any possible complaints concerning, but not limited to, delivery costs, delivery times, delivery address, nature or quality of the printed Version(s), should be addressed to Chemins de tr@verse, either in writing to the following address: Chemins de tr@verse, 4 avenue Burdeau, 69250 Neuville sur Saône, France, or by email using the contact form available at the bottom right of all pages of the Site.

ARTICLE 9 – PROOF

Unless proven otherwise, the data recorded by SAS Chemins de tr@verse constitutes proof of all transactions between SAS Chemins de tr@verse and its customers.

The history of transactions between SAS Chemins de tr@verse and the customer can be viewed at any time on the Site in the customer account, if the customer has created one.

ARTICLE 10 – COPYRIGHT PROTECTION

The content of the books (Digital Files or Printed Versions) purchased on the Site as well as all elements reproduced on the Site (in particular texts, comments, illustrations and iconographic documents) are protected by the Intellectual Property Code in France and by foreign legislation governing copyright and related rights, trademark law, design law and patent law.

As such, the works of the mind that are thus presented and offered for purchase are intended solely for strictly personal, private and free use. Any reproduction, adaptation or representation in any form and by any means whatsoever, and in particular resale, exchange, rental or transfer to a third party, are absolutely prohibited.

ARTICLE 11 – CONFIDENTIALITY

The online bank card payment interface is that of "Paybox", all information communicated is transmitted exclusively to the Société Générale bank, which verifies the validity of the customer's bank card on the order date.

The transmission of information over this interface is protected by Secure Sockets Layer (SSL) encryption technology which encrypts information in order to protect all data related to personal information and means of payment.

ARTICLE 12 – PROTECTION OF PERSONAL DATA

The information and data concerning you requested when you place your order by SAS Chemins de tr@verse are necessary for the management and execution of your order.

They may be transmitted to companies that contribute to this management such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow us to improve and personalize the services we offer you and the information we send you.

SAS Chemins de tr@verse undertakes not to transmit information and data concerning you to third parties for commercial purposes under any circumstances.

In accordance with the Data Protection Act of 6 January 1978, as amended, you have the right to access, rectify and oppose any personal data concerning you. Simply write to us by post to SAS Chemins de tr@verse, 4 avenue Burdeau, 69250 Neuville sur Saône, indicating your surname, first name and email address. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response should be sent. A response will then be sent to you within a maximum of 2 months following receipt of the request.

ARTICLE 13 – COOKIES

SAS Chemins de tr@verse automatically collects information relating to the customer using cookies to track their navigation within the Site.

Cookies are alphanumeric identifiers transferred to the hard drive of the customer's computer via their Internet browser and which allow SAS Chemins de tr@verse to recognize this browser and thus offer the customer more innovative and more attractive functions.

If the customer configures his computer to oppose the recording of cookies during the ordering process, the order cannot be taken into account.

ARTICLE 14 – RESPONSIBILITY

It is clearly understood that the obligations imposed on SAS Chemins de tr@verse are obligations of means.

This is how:

1- SAS Chemins de tr@verse cannot be held responsible for the limitations linked to the Internet network and in particular its technical performance and response times for consulting, querying or transferring data.

2- SAS Chemins de tr@verse does its best to secure the Site. However, since no site is inviolable, SAS Chemins de tr@verse cannot be held liable if unwanted data is imported and installed on the Site without its knowledge, or if, conversely, the data transmitted by the customer to manage their order is diverted to be used illicitly by third parties.

Consequently, the customer acknowledges that, when communicating information deemed confidential on the Site, this communication will be at his own risk. In addition, it is the customer's responsibility to take all appropriate measures to protect his own data and software from contamination by possible computer "viruses" and SAS Chemins de tr@verse may not be held responsible for any damage that may result, such as loss of data or deterioration of computer equipment.

3- In some countries, the laws in force prohibit or restrict free access to certain works of the mind; the customer undertakes to verify that, with regard to the law of the place of his order, there are no similar prohibitions or restrictions concerning the books ordered. SAS Chemins de tr@verse cannot be held liable for the illegal nature of the order, the downloading of the ordered Digital Files and the use that the customer makes of them.

4- SAS Chemins de tr@verse cannot be held responsible for any malfunction occurring at the time of downloading the ordered Digital Files and which is not their fault (it being recalled that it will be up to the customer to establish proof that said malfunction is due to a publisher). However, in the event of difficulties, SAS Chemins de tr@verse undertakes to make every effort to allow customers to access the reading of the ordered Digital Files. In any event, the extent of SAS Chemins de tr@verse's liability will be limited to the purchase value of the Digital Files ordered and paid for and to which the customer could not have accessed after requesting assistance from the after-sales service and satisfying all the technical constraints indicated on the practical information page hosted on the Site, provided that the customer is able to provide proof thereof.

5- SAS Chemins de tr@verse reserves the right to temporarily or permanently close the Site, without notice or compensation.

ARTICLE 15 – DEACTIVATION OF CUSTOMER ACCOUNT

SAS Chemins de tr@verse reserves the right to deactivate the customer's account automatically, without notice or compensation, in the following cases:

- failure by the customer to comply with the general and specific conditions of sale,

- non-payment by the customer of the amounts due or illegitimate termination of the payment due after sending the order confirmation email,

- non-compliance by the customer with the provisions of the intellectual property code

- actions contrary to the interests of SAS Chemins de tr@verse.

The customer who wishes to deactivate his account will inform SAS Chemins de tr@verse by registered letter with acknowledgment of receipt addressed to Chemins de tr@verse, 4 avenue Burdeau, 69250 Neuville sur Saône, France.

SAS Chemins de tr@verse undertakes to deactivate the account within a maximum of 48 hours from receipt of this letter.

ARTICLE 16 – IN THE EVENT OF A DISPUTE

These general conditions are subject to French law.

If any of the clauses of these general conditions of sale were deemed contrary to the law by a competent court, the other clauses would remain perfectly applicable.

Any dispute will be submitted to mediation in accordance with the CMAP mediation rules to which the parties declare that they adhere. During the mediation period, the statutes of limitations are suspended.

In the event of a dispute and failure of mediation, the courts of Lyon will have sole jurisdiction.