TERMS AND CONDITIONS
This section sets forth the terms and conditions under which Diverti Éditions sells magazines, books, DVDs, CD-ROMs and downloadable digital material from the following websites: www.divertistore.fr, www.boutiquedesartistes.fr, www.boutiquedelhistoire.fr, www.boutiquedesloisirscreatifs.fr and www.boutiquedelascience.fr. These terms and conditions apply to the exclusion of any other terms.
Article 1 –Prices
1.1 - All prices quoted are in euros and are inclusive of tax (TVA). Delivery is not included. Distance book sales are now regulated by French law. As provided for in law 2014-779 of July 8th 2014, Diverti Éditions may offer up to 5% discount of the book’s RRP. When applicable, this reduction is either notified in the product details or the shopping basket. All orders are payable in euros, irrespective of the country where the order is placed. Notwithstanding the provisions of these terms and conditions, the price of subscriptions in mainland France includes delivery. Discounts on subscriptions are based on the French cover price.
1.2 - For orders to countries outside mainland France, the customer is considered to be the importer of the product(s) in question. For all products sent to destinations outside the EU or French overseas departments and territories (DROM-COM), the price indicated on the invoice is exclusive of tax. Customs duties, other local taxes, import duties or state taxes are likely to be payable. These duties and other amounts must be paid by the customer and will not be borne by Diverti Éditions. The customer is therefore entirely responsible for declaring the goods and for any necessary payments to the authorities and/or the destination country's competent organisations to which we advise our customers to refer.
1.3 - Diverti Éditions reserves the right to modify its prices at any time, products and subscriptions will however be invoiced at the price in force at the time the order is placed, subject to availability. Each of the five stores guarantees that the price of a subscription will not change during its entire duration, regardless of any increase in the cover price of the magazine in question.
1.4 - Products remain the property of Diverti Éditions until the price has been paid in full.
Article 2 –Orders Orders may be placed on Internet from the following sites: www.divertistore.fr, www.boutiquedesartistes.fr, www.boutiquedelhistoire.fr, www.boutiquedesloisirscreatifs.fr and www.boutiquedelascience.fr. Orders may also be placed by telephone by calling 05 49 90 09 16 if you are in France, or +33 549 900916 from all other countries, including French overseas departments and territories (DROM-COM). We are open Monday to Friday from 1.30 pm to 5.30 pm (French time). All contractual information is in French. This information will be confirmed during the purchasing process and, at the latest, when the order is confirmed.
Article 3 - Order Confirmation By placing an order, you expressly declare that you have consulted the terms and conditions. Confirming the order therefore implies acceptance of these terms and Conditions. Except in case of proof to the contrary, the data recorded by Diverti Éditions constitutes proof of all transactions between Diverti Éditions and its customers.
Article 4 – Availability Diverti Éditions is a retailer and its role is not to sell large quantities of the products on offer. Diverti Éditions therefore reserves the right to refuse large orders i.e. for 5 or more identical items. Our products are available for as long as they are visible on our websites and while stocks last, except for special offers, which are indicated as such on the site. Should an item not be available after you have confirmed your order, you will be informed by E-mail. Your order will be dispatched without the unavailable item and the sums paid for this article will be credited to your account.
Article 5 – Delivery
5.1 - Products are delivered to the delivery address indicated during the order process. On average, you will receive delivery 15 days after payment has been received. If payment is made by cheque, the order will be dispatched once the cheque has cleared. In the event of a multiple order and in the case of certain products not being immediately available from our suppliers, Diverti Éditions reserves the right to split deliveries. In accordance with Article L138-1 et seq of the ‘Code de la Consommation’ (French consumer code), modified by the consumer law of March 17th 2014, the seller is obliged to deliver goods purchased online by the date specified in the product offer. If no delivery date is specified, the seller must deliver within 30 days of the order being placed.
5.2 – Return of faulty goods. You must inform both the courier company and Diverti Éditions of any problems with the product you have received (eg. parcels that have been damaged or are already open…). Should your situation correspond to one of those defined in Article 9 below, you will be entitled to an exchange or a reimbursement in compliance with the provisions of the aforementioned article.
Article 6 –Payment The following payment methods are accepted: - Credit or debit card: Carte Bleue, Visa, Eurocard, MasterCard. - Payment over the phone by calling 05 49 90 09 16 from France or +33 549 900916 from abroad to place your order. You will be required to provide your card number. - PayPal. - Cheque: print the order form from the website and send it with your cheque made out to Diverti Éditions. Cards are debited at the time of order. In the event of payment by cheque, only cheques issued by a bank domiciled in mainland France or Monaco will be accepted. Cheques are cashed on receipt and must be sent within 2 business days after your order has been confirmed to: Diverti Éditions - 17, avenue du Cerisier Noir - 86530 Naintré - France.
Article 7 – Secure Payment Our sites are secure. In partnership with Cybermut Groupe CIC, we have put into place a secure payment system using SSL (Secure Sockets Layer) encryption, which is extremely effective, reliable and secure. This is one of the most widespread SSL encryption systems in use on the Internet. Transactions are carried out securely on the Groupe CIC server and all your personal data (surname, first name, card number expiry date, security code…) is encrypted and protected during the transaction.
Article 8 – Money-back guarantee – Right of Withdrawal
8.1 - By law, the consumer has a period of 14 clear days after reception of the goods – magazine subscriptions excepted - to exercise his/her right of withdrawal, without having to give any reasons or be liable to pay any penalties. Should you wish to exercise this right, please contact Diverti Éditions. Should the last day of the 14-day period fall on a Saturday, Sunday, bank holiday or any other non-working day, the period is extended until the first following business day. In the event of the consumer exercising their right of withdrawal within the aforementioned period, only the price of the purchased product(s) will be reimbursed. The consumer is not liable for any costs incurred as a result of exercising the right to cancel the contract. Article L211-11 of the ‘Code de la Consommation’ (French consumer code) states that the “no costs will be incurred by the purchaser in the application of the provisions of articles L. 211-9 and L. 211-10”. The items must be returned in their original condition (packaging, accessories, instructions…) so as to permit their resale as new. Please include a copy of the invoice to facilitate processing returns. After notifying us of your decision to exercise your right of withdrawal within 14 days, you have a further 14 days to return the product(s) concerned. Model letter to exercise your right of withdrawal: For the attention of Diverti Éditions - Fax +33 (0)5 49 90 09 80 - E-mail: firstname.lastname@example.org I/we (*) hereby inform you that I/we (*) wish to exercise my/our (*) right of withdrawal from the following sale of goods contract / service contract (*): Ordered on ______ / received on ______ (*): Name and address of customer(s): Signature(s) (not required for an electronic document): Date: (*) Delete as appropriate. Send this letter by recorded delivery to Diverti Éditions - 17, avenue du Cerisier Noir - 86530 Naintré - France.
8.2 - Products not covered by the right of withdrawal In accordance with the regulations in force, the right of withdrawal does not apply to sealed audio or video recordings and computer software if the customer has broken the seal on the wrapping. Likewise, in accordance with the provisions of Article L. 121-20-2 of the ‘Code de la Consommation’ (French consumer code), the right of withdrawal does not apply to the supply of newspapers, periodicals and magazines. Please note therefore that subscriptions may not be cancelled before their expiry date. You further acknowledge that no right of withdrawal applies to the sale of digital books or other such works sold on a one-off basis (i.e. not as part of a subscription). Communicating the link(s) required to download the file(s) in question is, by its very nature, irreversible. You therefore accept that any order of digital copies of books or other such products is considered to be final as soon as it is confirmed and such products can neither be returned nor refunded.
8.3 - Return Address: Diverti Éditions - Service clients - 17, avenue du Cerisier Noir - 86530 Naintré - France.
Article 9 – Faulty goods Diverti Éditions undertakes to reimburse or exchange any apparently faulty or damaged goods, or any goods that do not correspond to your order. In such an event, once we have given our agreement, please return the product(s) to us accompanied by a detailed written explanation. Diverti Éditions will proceed to exchange or reimburse the product(s) as you wish. In order to benefit from their rights, consumers must inform the seller of the lack of conformity within a period of two years after receiving the product. After this period, the products delivered will be deemed to comply and have been accepted by the client and Diverti Éditions reserves the right to refuse to exchange or refund them. Article L211-7 of the ‘Code de la Consommation’ (French consumer code) states that “In the absence of any evidence to the contrary, a” lack of conformity that becomes apparent within twenty-four months of delivery is presumed to have existed at the time of delivery.”
Article 10 –Reimbursement The ‘Code de la Consommation’ (French consumer code) states that the consumer must be reimbursed within a maximum period of 14 days after exercising his/her right of withdrawal or having brought a defect to the seller’s notice. Article L121-21-4 of the ‘Code de la Consommation’ (French consumer code) states that “When the consumer exercises his/her right of withdrawal, the supplier must refund all sums paid, including delivery costs, without undue delay and at the latest within 14 days from the date the consumer notifies the supplier of their decision to exercise their right of withdrawal.” Diverti Éditions will refund the customer either by crediting their bank account, by PayPal® or by a bank cheque made out to the person who placed the order and sent to the invoice address. No product(s) will be supplied in place of a refund.
Article 11 - Customer Services For any information or questions, should you wish to place or to track an order, to exercise your right of withdrawal or make a claim under the guarantee, our customer services department is at your disposal. Call 05 49 90 09 16 from mainland France or +33 549 900916 from abroad, from Monday to Friday between 1.30 pm and 5.30 pm (French time).
Article 12 - Intellectual Property
12.1 All the content, texts, commentaries, works, illustrations, images and works reproduced or represented on the websites that are the property of Diverti Éditions are protected by copyright worldwide and all rights for this intellectual property are strictly reserved. As such and pursuant to the provisions set forth in the intellectual property code, only private use is authorised, subject to differing or more restrictive provisions of intellectual property legislation. Any total or partial reproduction of the sites is strictly forbidden.
12.2 - The company names and brands, as well as any distinctive signs pertaining thereto which are reproduced on the websites that are the property of Diverti Éditions are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly forbidden and any such use is subject to prior written approval from the proprietor of the trademark.
Article 13 - Personal Information
13.1 - Personal information and data is required for sales purposes and for processing your order. In accordance with the law of January 6th 1978 on Computer Data and Freedom, you have the right to access and rectify your personal data. To do so, please contact us in writing at: Diverti Éditions - 17, avenue du Cerisier Noir - 86530 Naintré stating your last name, first name, E-mail address and if possible, your client reference number. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity card or similar form of identification bearing your signature. Please specify the address where you wish to receive the reply, which you will receive within 2 months of our receiving your request. Depending on choices made during the creation or consultation of your account, you may receive commercial offers from us. If you are required to provide your phone number when creating your account or placing an order, this information is only used to process your order or to contact you with an offer of further services. Notwithstanding the above and in accordance with legal provisions, you are hereby informed that you may, if you wish, choose to add your contact details to the central opt out register of persons who do not wish to receive unsolicited sales and marketing calls. There is no charge. All professionals are bound by this list, except those with whom you have already entered into a contract.
13.3 - Facebook Connect Facebook Connect allows you to sign into our sites through your Facebook account so you can share what you do online with your friends. When you use Facebook Connect to access our sites, Diverti Store retrieves information that you have given to Facebook in order to offer a more personalised and social service. You will be asked to authorise access to your profile information and permission to share your activity with Facebook. Additional information to that which is already part of your Facebook account may be requested by Diverti Store in order to process your order and manage our commercial relationship. This additional information will not be shared with Facebook without your approval. Diverti Store’s access to your Facebook account personal data and the use that is made of this data is limited in scope: Diverti Store notably only uses data that is strictly necessary for the applications you currently use. For each application, you are informed of the data used and the way in which it is used, displayed, shared or transferred. Our websites also uses Facebook social plugins that are operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (hereafter ‘Facebook’). These plugins are recognisable by the Facebook logo. The ‘Facebook Connect’ button on the web site allows you to register with and log onto our websites using your Facebook login details. By clicking on the Facebook Connect button, you expressly authorise the consultation of data in your Facebook account, the transmission of information and publication of your activity on our websites on your Facebook profile. Once you have signed in with Facebook Connect, when you visit one of our websites the plugin establishes a direct connection between your browser and the Facebook server. The contents of the plugin are directly transferred to your browser which integrates it into our website page. If you are connected to Facebook, the plugin makes it known to Facebook that you visited our website from your IP address. If you do not want Facebook to collect data about you via our website, you must sign out of your Facebook account before visiting our website. For more information on the scope and use of data acquired and how it is processed and used by Facebook, as well as on your rights and optional parameters to protect your privacy, please consult Facebook’s data policy: www.facebook.com/policy.php
Article 14 –Responsibility The articles on offer comply with current French legislation. Diverti Éditions cannot be held responsible in the event of the non-observance of legislation in the country where the item is delivered (for example if a book/magazine is banned). It is the responsibility of the customer to verify with the local authorities concerning the importation or use of the products or services that the customer intends to order. The photos reproduced on this site and illustrating the articles are non-contractual. Please refer to each product’s description for its precise characteristics. In case of doubt and should you require further information, don’t hesitate to contact us on 05 49 90 09 16 from mainland France or +33 549 900916 from abroad, from Monday to Friday and between 1.30 pm and 5.30 pm (French time). Diverti Éditions is only responsible for the content of the pages that it publishes and declines all responsibility for the contents of external sites that may be reached via hypertext links from its own sites (as mentioned at the start of these terms and conditions).
Article 15 - Applicable law - legal disputes The present terms and conditions are expressed in English and governed by French law. In the event of a legal dispute, only the courts of Poitiers have jurisdiction.