GENERAL CONDITIONS OF ACCESS AND USE
SUBJECT
The purpose of the www.business-ereputation.com website (the “Website”) is to provide information about Business Ereputation and its companies/subsidiaries/brands, both to Business Ereputation employees and to any professional or private audience wishing to know more about the Group and its achievements (the “Users”).
The information is provided for general information purposes only, without any guarantee of suitability for any particular use. Business Ereputation may modify or update the information at any time without notice.
All information contained on the website, and more generally all elements, including software, data, text, graphics, images, sound, video, logos, symbols, html code, hereinafter referred to as the “Content”, are made available to users for information purposes only. Under no circumstances may they be interpreted as a commercial offer, license, advice or professional relationship between the user and Business Ereputation. The Content provided on this site does not exonerate the user from checking the information provided.
Use of the site is subject to compliance with the General Conditions of Use of the website as detailed below and with the laws applicable in France. Any person accessing the website accepts the Terms of Use of the website and undertakes to comply with them.
The terms “we”, “us”, “our” refer to Business Ereputation or any other subsidiary of the group in general.
DEFINITIONS
Capitalized terms in the GTCS shall have the meanings defined below:
“Customer”: any person who has placed an Order on the Site.
“Order”: the contract concluded electronically on the Site, binding the Customer and Nicolas Laustriat for any sale via the Business-Ereputation.com site.
“Licence d’Utilisation”: conditions of use of the ebooks, setting out the rights and obligations of the Customer ordering an ebook and including information relating to the TPMs.
“ebook”: electronic file representing a work of the mind as defined in article 1 of Law no. 2011-590 of May 26, 2011, as well as the dematerialized form of a paper book.
“MTP”: Technical protection measures imposed by the publishers and/or distributors of the ebooks and intended to protect them from uses of the ebooks not authorized by the License Agreement.
“Products”: all goods offered for sale on the Site and that the Customer may Order from Nicolas Laustriat, in particular paper books, stationery and ebooks.
Territory: delivery area for Products ordered via the Site, corresponding to :
- For Products other than ebooks: worldwide, unless otherwise specified at the time of order.
- For ebooks: Territory(ies) authorized by the publishers, as specified on each ebook description page.
“User”: any person browsing the Site without placing an Order.
HYPERTEXT LINKS
The site may contain hypertext links to other sites or other Internet sources that are neither operated nor controlled by Business Ereputation.
Activation of links
Business Ereputation cannot be held responsible for these sites, their content, operation, updating, compliance and accuracy, or for the use that may be made of them by users, including damage caused by viruses or malware propagated when connecting to external sources.
It is the responsibility of Internet users to take all appropriate measures to protect their computer hardware, data or software, in particular against computer viruses circulating on the network.
Authorization of links
If you wish to create a hypertext link to this website, you must obtain prior written authorization from Business Ereputation using the contact details below.
INTELLECTUAL PROPERTY RIGHTS
This website is protected by intellectual property rights, including, but not limited to, trademarks, copyrights, designs, the sui generis right of the database producer, etc. and is the exclusive property of Business Ereputation.
Its Content, including, but not limited to, text, data, graphics, images, sound, video, logos, icons, html code, is protected by intellectual property law and remains the property of Business Ereputation or authorized third parties.
Any reproduction, representation, use or modification by any process whatsoever and on any medium whatsoever, in whole or in part, of the site, one or more of its components and/or the trademarks reproduced therein, without the prior written consent of Business Ereputation, is strictly prohibited.
Business Ereputation’s failure to take legal action as soon as it becomes aware of such unauthorized use does not constitute acceptance of said use and waiver of legal action. No implicit right or license may be attributed to any of these elements without the written authorization of Poleetic or the third party holder of the rights.
However, the user is authorized to represent and/or reproduce elements of the site for exclusively private use, subject to systematically indicating any mention of copyright or other intellectual property rights that may appear on the page(s) of the site that will be reproduced.
Database(s)
Business Ereputation expressly prohibits any reuse, reproduction or extraction of elements from the databases contained on the website. Any unauthorized reuse, reproduction or extraction will incur the user’s liability.
Image rights
Customers, partners and, more generally, all persons represented in the photos and films published on this website have consented to the use of their image in campaigns produced for Business Ereputation, its brands, its companies or its partners, customers, contractors or subcontractors.
The employees and managers of Business Ereputation whose images are used on this site have consented to the use of these iconographic documents as part of the Group’s external communications.
No reproduction, representation or use whatsoever of these photos and films may be made by users of the website without the prior written consent of Business Ereputation. Any use, even partial, of these documents in violation of the aforementioned obligation will expose the author to legal action.
RESPONSIBILITIES AND WARRANTIES
The Content is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty that the Content will meet the User’s requirements or that the Content is up-to-date.
Business Ereputation strives to provide reliable Content on its website and its services or e-book, but does not guarantee that its website is free of inaccuracies, typographical errors, omissions and/or viruses. Every precaution has been taken by the hosting company and software to prevent such occurrences.
Business Ereputation reserves the right to make improvements and/or changes to the Content at any time without notice.
Business Ereputation does not guarantee results from the use of any software available on its website. The user is solely responsible for any use of the information contained on this website.
Business Ereputation declines all responsibility in the event of interruption, suspension or malfunction of the website, loss of data or the occurrence of bugs.
Business Ereputation shall not be liable for any indirect damages resulting from the use of this website or other websites linked to it, even if Poleetic has been advised of the possibility of such damages.
USER COMMITMENTS
Information provided by users to Business Ereputation will be considered non-confidential. However, where the information provided is personal data within the meaning of the applicable law, it will be treated in accordance with the applicable Personal Data Protection Policy.
Each user of the website declares to comply with the present general conditions of use and in particular to :
- guarantee that any information, or element, project, file or comment other than personal data, which the user may transmit to Business Ereputation via the website, does not infringe any third party’s intellectual property rights or any other applicable law.
- check that the computer configuration used is virus-free and in perfect working order;
- grant Business Ereputation, its subsidiaries and partners the right to use any information provided (other than personal data);
- keep confidential and are therefore responsible for the use and security of access codes and passwords that the Company may transmit to you to access certain sections. Business Ereputation reserves the right to suspend your access to the website in the event of fraudulent use or attempted fraudulent use of this access.
PERSONAL DATA AND COOKIES
Please consult our Privacy Policy
MODIFICATION
Business Ereputation reserves the right to modify and/or update access to the website and the General Terms and Conditions of Use at any time. Such modifications and updates are binding on the user, who must therefore regularly refer to this section to check the General Conditions in force.
Business Ereputation reserves the right to modify and/or delete all or part of the website without prior notice to users/internauts.
Business Ereputation declines all responsibility for difficulties encountered when accessing its website or for any communication failure.
CONTACT
If you have any questions about the conditions of use of this website, please contact us by e-mail using the contact form or at the following address contact@business-ereputation.com
APPLICABLE LAW
The website is written in French (other languages to come). In the event of a dispute, the French language shall prevail. These General Terms of Use are governed by French law. Any dispute arising from the application, performance and/or interpretation of these General Terms of Use shall be submitted to the courts having jurisdiction in Paris, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.
Business Ereputation reserves the right to take legal action in the event of non-compliance with any of these General Terms of Use, regardless of the nature of such non-compliance.
FOCUS ON E-COMMERCE & ONLINE SERVICES
Contract formation and orders
1. Rates
The sale prices of the Products, indicated in euros, are those in force at the time of validation of the Order by the Customer.
They do not include the costs of managing the Order and shipping the Products, which may be invoiced in addition to the price of the Products, depending on the amount and composition of the Order. Any applicable shipping and handling charges are indicated to the Customer before the Order is placed.
Prices do not include the value-added tax (VAT) applicable on the day of the Order. The purchase of the product or service is made on a micro-enterprise / Auto-entrepreneur basis (siret: 44276462700026). Any future change of status and therefore of the applicable VAT rate will automatically be reflected in the price of the Products offered for sale on the Site.
The sale prices of the Products may be modified by Nicolas Laustriat and/or the publishers of the books at any time. The prices applicable to an Order are those indicated to the Customer in the summary preceding the conclusion of the Order by the Customer.
Pursuant to Law No. 2014-779 of July 8, 2014 amending Article 1 of Law No. 71-766 of August 10, 1981 on book prices, book orders shipped to the buyer and not picked up in a book retail business, the selling price of the book is that set by the publisher or importer and delivery of the book cannot be free.
2. Product features
In accordance with article L. 111-1 of the French Consumer Code, the Customer may, prior to any Order, take note of the essential characteristics of the Product(s) on the Site. Moreover, to avoid any dispute, we invite you to contact us before placing your order.
The Customer selects one or more Products from the various categories offered on the Site.
Products offered for sale on the Site may be ordered several times a day.
In the event that a Product ordered is temporarily or permanently out of stock, Nicolas Laustriat’s customer service department will contact the Customer as soon as possible to inform him/her that his/her Order may not be honoured. Where applicable, Nicolas Laustriat will also inform Users as soon as possible via the Site.
Nicolas Laustriat shall not be held liable in the event of the cancellation of an Order or the postponement or cancellation of the marketing of a Product. Should this be the case, Nicolas Laustriat will nevertheless inform the Users as soon as possible via the Site and will reimburse the Customers concerned the sums paid to Nicolas Laustriat in respect of a reservation or an Order which could not be delivered, to the exclusion of any other sum or indemnity. In addition, Nicolas Laustriat shall not be held liable for any insubstantial differences between the photographs, texts and illustrations presenting the Products on its Site and the items ordered, as the photographs are not contractually binding on Nicolas Laustriat. Where applicable and depending on the Products in question, the Customer has the right to withdraw without reason or to cancel, as referred to in article 9 below.
For products ordered with the “Personal message” option, we reserve the right to refuse the inclusion of messages that we consider inappropriate, improper or unacceptable.
We reserve the right to refuse orders for customized services if the context is not in line with our values, or if they target individuals or communities for de-reputation actions. Likewise, assignments commissioned for a third party may be refused if they do not appear transparent to the end customer.
3. Control
Any Order implies acceptance of the GTCS, without prejudice to any special conditions agreed between the Parties and acceptance of the User License for ebooks.
The Customer will be able to check the details of each Order prior to its validation. From the moment the Customer confirms an Order, he/she is deemed to have knowingly accepted the GCS, the prices, volumes and quantities of the Products ordered, as well as the charges and taxes applicable to his/her Order.
Each Order will be confirmed to the Customer by Nicolas Laustriat. In accordance with European regulations and French law, an Order is deemed to have been concluded (and the sales contract to have been formed) when Nicolas Laustriat provides the Customer with this Order confirmation.
Nicolas Laustriat recommends that the Customer keep the information contained in the Order confirmation drawn up for him/her by Nicolas Laustriat on a durable paper or computer medium.
Nicolas Laustriat sells Products on this Site but also on other platforms, at retail and to end-consumer customers. Nicolas Laustriat or Buisness E-reputation cannot be held responsible if other platforms run parallel promotions creating a price difference. Nicolas Laustriat shall not be held liable for any Order that does not clearly correspond to a retail sale intended for the Territory, and more generally for any Order that is fraudulent or presumed to be fraudulent. Should this be the case, the Customer will be informed using the contact details provided to Nicolas Laustriat at the time of the Order.
4. Pre-order
Some Products may :
- be pre-ordered before their release or availability to the public.
- Need for a telephone or video appointment to properly deliver the product or service.
The Customer will be informed by Nicolas Laustriat of the dispatch of his Order at the price indicated at the time of the pre-order, provided that the latter complies with the provisions of the Lang law.
The customer will also be invited to telephone discussions to understand the context of his order, so that the deliverable is of optimum quality.
In any case, the customer has the right to cancel the pre-order until delivery.
5. Payment
All Orders are payable in the currency indicated at the time of ordering. Payment shall be made at the time of the Order by the Customer, unless otherwise stipulated in the GCS or explicitly waived by Nicolas Laustriat. At no time may the sums paid be considered as deposits or advance payments.
To pay for an Order, the Customer has the following methods of payment:
- bank card, e-bank card
- PayPal account
5.1. Payment by credit card or PayPal account
The following credit cards and electronic purses are accepted on the Site: Carte Bleue, Visa, Master Card, PayPal.
In order to ensure the security of payment by credit card, the customer must transmit to Nicolas Laustriat the visual cryptogram (CVV) of his credit card at the time of each payment transaction.
Where applicable, the customer may securely save his bank details with our service provider Stripe and benefit from the One Click system.
5.2. Payment by cheque
Payment by cheque is not available. Please contact us if this is the only way to pay.
5.3. Payment by bank transfer
Payment by bank transfer is not available. Please contact us if this is your only option.
5.4. Payment security and general provisions
The Customer guarantees Nicolas Laustriat that he/she has the necessary authorizations to use the method of payment he/she has chosen, from among those available, when placing the Order.
Nicolas Laustriat reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to Nicolas Laustriat, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site or the payment of an Order.
Nicolas Laustriat reserves the right to request a photocopy of the Customer’s identity card and/or bank card (front only) for any payment by bank card, cheque or bank transfer.
As part of the fight against Internet fraud, information relating to an Order and the Customer concerned may be transmitted to any third party for verification purposes.
When a means of payment is issued by a banking or financial establishment, Nicolas Laustriat will only accept means of payment issued by such a payment service establishment duly authorized in France.
Nicolas Laustriat uses Stripe and PayPal as secure payment tools. Payment security is based on customer authentication and the confidentiality of all data. To ensure this security, the payment service provider uses reputedly reliable cryptographic techniques and complies with the various applicable banking regulations.
Article 6. Delivery and acceptance
6.1. General rules
The Products will be delivered to the address indicated by the Customer when placing the Order.
Nicolas Laustriat cannot be held responsible if an incorrect address is given when the order is placed.
Invoice
An invoice is automatically sent following confirmation of your payment. If necessary, you can request an invoice by contacting us.
6.2. Delivery times
Generally observed lead times, excluding exceptional periods
Delivery times for services are understood to be within 15 days. For Ebooks, delivery is almost instantaneous. If a problem is detected in sending the electronic file, please contact us so that we can send you these elements. Don’t hesitate to check your SPAM folders too!
Your product will be delivered as quickly as possible. Please note, however, that as the human resources available to prepare your order are limited, it is possible that your delivery may be delayed depending on the volume of accumulated requests.
Cancellation of an undelivered Order
In the event that the delivery time applicable to an Order exceeds 21 days and is not due to force majeure or an error made by the Customer (non-existent, incomplete or erroneous address), the Customer will have the option of cancelling the Order by registered letter with acknowledgement of receipt (to the address indicated in the “Contact Us” section of the Site).
As the ebook is nominative, by placing an order, the customer waives his or her right of withdrawal. The 7-day cooling-off period provided for in article L121-20 of the French Consumer Code does not apply to orders for digital books. By accepting the general conditions of sale when validating your order, you agree not to benefit from this right of withdrawal.
No refunds or exchanges will be offered for orders of digital books.
6.3. Return of Products, withdrawal or cancellation of an Order for delivered Products
The ebook being nominative, a delivered ebook could not be refused except error of personalization due to the salesman. In the event of any error on the part of the customer, the customer alone may be held liable.
The end user acknowledges that the fourteen (14) day withdrawal period does not apply to the e-book order, which is fulfilled by sending the ebook.
6.4. Return of Products following an anomaly in relation to the Order
In the event of a discrepancy between the Products delivered and those ordered by the Customer, Nicolas Laustriat must be informed so that a compliant product can be returned.
Contact details >>> nicolas@business-ereputation.com
Article 7. Reservation of title
Nicolas Laustriat retains full ownership of the Products ordered until full payment of the full price of the Order, in principal (Products or services), costs and taxes included.
Article 8. Liability
Nicolas Laustriat shall not be held liable for any indirect damages resulting from the purchase of Products. Likewise, Nicolas Laustriat shall not be held liable for any obligations under the GCS in the event of force majeure as defined by French law.
Intellectual property of website and ebook content
Access to the Blog does not grant Blog Users and Customers any prerogative over the Blog’s elements protected by intellectual property rights, including but not limited to information, data, photographs, trademarks, images, drawings, graphics, animations, texts (hereinafter the “Elements”).
The Elements remain the exclusive property of Nicolas Laustriat or their respective owners. Consequently, no use of the Elements outside the Service may be made by Users, except with the prior written consent of Nicolas Laustriat or the respective owners, and in particular the copying, reproduction, representation, modification, translation, creation of derivative products, distribution or any other use not in accordance with the purpose of the Service.
are you allowed to resell a digital book?
NO!
The European Court of Justice has delivered its verdict: from now on, the resale of e-books between private individuals is prohibited. It has ruled that this practice is an infringement of copyright under the World Intellectual Property Organization’s Copyright Treaty. This decision comes at the conclusion of a lawsuit brought by several publishers against the Dutch e-book sales and resale platform Tom Kabinet. The reason why the resale of old physical books is still allowed, conversely, is because they deteriorate over time and with use, unlike virtual copies of works on an e-reader. “Dematerialized digital copies recorded on e-books would, on a possible second-hand market, be perfect substitutes for new copies”, explains the European Court of Justice. The resale of these works in digital format prevents authors from being remunerated. To resell an e-book in the future, private individuals will therefore need to obtain authorization from the copyright holders.
>>> source : https://www.journaldugeek.com/2019/12/24/revendre-ebook-livre-numerique-legal/
Partial invalidity
If one or more stipulations of the GCS are declared invalid by a law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.
No waiver
The fact that one of the parties does not claim from the other party a breach of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
Applicable law
Sales of Products are subject to French law.
The Site, the GCS and the Orders placed via the Site and their execution are governed exclusively by French law. Any dispute relating to the interpretation or execution of the GTC or of an Order shall be judged in accordance with French law and shall fall within the jurisdiction of the court of the Customer’s place of domicile or, at the Customer’s option, of the place of actual delivery of the Product.
Appendix 1. End-user license for digital books
This license agreement is between the Publisher of the Digital Book and the End User.
The Publisher grants the End User a license to use the digital book(s) concerned, in return for payment by the End User of the right to use each of the digital books concerned, within the strict limits and conditions resulting from the technical protection measures affixed to the said digital book(s).
Copyright protection
The content of the digital books ordered, as well as all elements reproduced on the download site, such as texts, comments, illustrations, iconographic documents, etc., are protected by national and international intellectual property legislation.
The intellectual works presented and purchased on the download site are intended for strictly personal, private and free use. Except as provided for by current legislation, any reproduction, adaptation or representation in any form or by any means whatsoever, and in particular any resale, exchange, rental or transfer to a third party, is prohibited.
Nicolas Laustriat draws the end user’s attention to the fact that digital books are protected against copying by devices known as “technical protection measures”. Nicolas Laustriat informs the end-user of the hardware and software conditions required to download and consult the digital book before the end-user pays for the digital book.
Digital books protected by these devices will therefore not be able to be freely transferred to electronic devices other than the one used for the first download or consultation, outside the limits of transfers authorized for the exercise of digital private copying.
The end user undertakes to respect the rights of the authors, performers and publishers of the digital books and not to circumvent or undermine the techniques used to control the use of downloaded digital books.
Otherwise, any use outside the framework defined in these General Terms and Conditions of Purchase constitutes an act of counterfeiting, which exposes the End User to legal, civil or criminal proceedings under the legal and regulatory provisions in force.