Terms of Sales

Article 1: Preamble

These general conditions of sale apply exclusively between the company BOOKEEN - 31 Rue du Val de Marne CS 81426 - 75640 Paris Cedex 13 - France (hereinafter " We ") and any person visiting or making a purchase via the site www.bookeen.com (hereinafter " You "). Any Internet user can read the general conditions of sale on the site http://www.bookeen.com (hereinafter the " Site "). These conditions exclusively govern sales by http://www.bookeen.com of technical products (Cybook). These general conditions of sale may be subject to modifications, the applicable conditions are those in force on the Site on the date of placing your order.

Article 2: Contract

2.1 Conditions for placing an orderYou declare that you are at least 18 years of age and have the legal capacity or hold parental authorization allowing you to place an order on the Site.Any order placed on the Site must correspond to the normal needs of a household. You declare that you have read the GTC in force before the validation of your Order. The Order Validation therefore constitutes acceptance without restriction or reservation of the GTC.2.2 Steps of conclusion of the contractAfter placing your order, We send You an email confirming the elements of your order. Then We inform You by email of the sending of your items. This email constitutes our acceptance of your order and thus forms the sales contract between Us and You.

Article 3: Price

3.1 PricesThe prices displayed on the site are indicated all French taxes included (French VAT) if your country is located in Europe and without VAT if your country is outside Europe, excluding participation in shipping costs. Bookeen reserves the right to modify its prices at any time but the Products are invoiced on the basis of the rates in force on the Site at the time of the Order Validation, subject to availability.

Article 4: Availability and delivery

We can accept your orders within the limits of available stocks. We undertake to deliver to you within 4 working days upon receipt of validated order. We make all reasonable efforts to meet the requirements You have specified in your order. In case of unavailability of the Products after confirmation of the order, You will be informed by e-mail or telephone as soon as possible and You will be refunded the entire order within thirty (30) calendar days from the date of payment of the sums concerned. If you notice a delay in delivery compared to the deadlines indicated in your Order Confirmation, please contact our Customer Service who will endeavor to provide you with a suitable response. In the event that you choose to pay by bank check, your order will only be processed upon receipt thereof and the applicable deadlines are those on the day of receipt of the check. We remind you that your payment card is debited at the time of validation of the order on the site.

Article 5: Payment

You can pay by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards. In case of payment by credit card, the amount of your order is debited at the time of validation of the order on the site. Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France. In case of payment by check, the cashing of the check is made upon receipt of the check and the written order. The cheque must be made payable to Bookeen, and sent to the address below: Bookeen S.A.S.31 Rue du Val de Marne

CS 81426 - 75640 Paris Cedex 13France

Article 6: Customs Duties

Any order placed on the site and delivered outside France may be subject to any taxes and customs duties that are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are at your expense and are your responsibility. We are under no obligation to verify and inform you of applicable customs duties and taxes. To find out about them, we advise you to check with the competent authorities of your country.

Article 7: Rights of withdrawal

In accordance with the provisions of the Consumer Code, You have a period of 14 clear days, from the day of receipt of the Product ordered, to withdraw. If you wish to exercise your right of withdrawal, you must complete the following steps within 14 days of receipt of the purchased Product:• Log in to your customer area https://bookeen.zendesk.com/
• Select "Make a request for assistance" then fill out the Form and validate. An acknowledgment of receipt with a return form and the procedure to follow to return the Product to Us will be sent to You by email to the address You used to make the online request. You must return the Products to us in their original condition and complete with a copy of the invoice, at the latest within 14 days of the validation of your withdrawal request online. We reserve the right not to take back Products that are incomplete or made unsuitable for remarketing in the same state (due to damage, dirt, alterations, etc.). Upon receipt of the Products, and after quality control, under the conditions mentioned in this article, We will reimburse you alone the price of the product (s) purchased and the shipping costs, the return costs remaining at your expense. This payment will be made within 30 days after receipt of the products by Bookeen.In case of delivery of a defective item, not in accordance with your order or damaged during transport, We will replace the damaged product upon receipt of the product in return. You will need to contact Us and return this product to Us at your expense within 30 days. (Contact Customer Service to have the procedure -  


https://bookeen.zendesk.com/ ). A refund of the return costs will be made only on presentation of the invoice. We reserve the right to refuse replacement if the product has been disassembled.

Article 8: Retention of title

The transfer of ownership of the Products will only take place for your benefit after full payment of the price. On the other hand, the transfer of risk will take place at the time You (or any third party designated by You) take possession of the Product.

Article 9: Legal Guarantees and Liability

You benefit from the provisions of the legal guarantee against hidden defects.

9.1 Guarantee of conformity

Article L.217-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility". Article L.217-5 of the Consumer Code: "To be in conformity with the contract, the good must:1. Be fit for the usual use of a similar good and, where applicable:• Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;• Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative,  in particular in advertising or labelling;2. 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 which the latter has accepted". Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossibility, according to the modality not chosen by the buyer". Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good".

9.2 Guarantee against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them". Article 1644 of the Civil Code: "Under Articles 1641 and 1643, the buyer has the choice to return the thing and have the price refunded, or to keep the thing and make part of the price". Article 1648 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from 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 can be relieved of the apparent defects or lack of conformity".

9.3 Implementation of legal guarantees

In accordance with the provisions of the legal guarantees of conformity and hidden defects, We refund you or We exchange products that appear to be defective or do not correspond to your order. To this end, please contact our After-Sales Service which is best able to ensure the defect / non-conformity of the Product and to inform you of the terms of repair or refund. It is recalled that when acting as a legal guarantee of conformity, the consumer:• has a period of two years from the delivery of the good to act vis-à-vis its seller;• may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;• is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the property. This period is extended to 24 months from 18 March 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial guarantee that may cover your product. Finally, it is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.We decline any responsibility in the event that the delivered article does not comply with the legislation of the country of delivery. We are committed to providing all the care in use in the profession for the implementation of the service offered to the client. Nevertheless, our responsibility cannot be retained in the event of a breach of our contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts. We will not be held liable in the event of a delay due to a shortage of stock at the supplier. We implement all the means at Our disposal to ensure the services covered by these General Terms and Conditions of Sale. We are liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between Us and You. In no event shall We incur any liability for loss of profits, business losses, loss of data or loss of profit or any other indirect or unforeseeable damage at the time of use of the Site or the conclusion of the sales contract between Us and Vous.La limitation of liability referred to above is unenforceable in the event of fraud or gross negligence on Our part,  in the event of bodily injury or liability due to defective products.

Article 10: License to access the Site

We grant You a limited license to access and use the Site for your personal use. Under no circumstances may You download or modify all or part of this Site without Our express written permission. This license does not allow You to use, for sale or for any other commercial use this Site or its content (listed products, descriptions, prices, downloading or copying information on behalf of another merchant, use of data, software, sound extracts, graphics, images, texts, photographs, tools). This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without our express written permission. You must not use techniques to copy any trademark, logo or other information (including images, text, mock-ups) owned by Us without our express written consent. You must not use meta tags or any other "hidden" text containing our name, brand or that of our group companies without our express written consent. Any unauthorized use will terminate the license We have granted to You. We authorize You, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site provided that this link cannot create or create against the companies of our group, or our products or services, a false, false, pejorative or potentially harmful nature to Us. Under no circumstances can the creation of this hypertext link engage our responsibility, in any capacity whatsoever, on the content of your site. Any use in your link of our logo, brand or graphics requires our express written permission.

Article 11: Comments, criticisms, communications and other content

Users of this Site may send Us reviews, comments or other content; Submit suggestions, ideas, questions or any other information to us as long as such content is not illegal, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailing, chains or any other form of "spam". You must not use a false email address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, in our sole discretion, to remove or modify any content. If You send content to Us or submit material to Us, and unless otherwise specified by Us, You agree to grant Us and our group companies the irrevocable, non-exclusive, royalty-free and legally owned right to exploit, reproduce, modify, adapt, publish, translate, distribute, sublicense and display such content worldwide and in any medium. You grant Us, our group companies and sublicensees the right to use the name You provided to Us when providing your content. You waive the right to be identified as the author of the content. You agree to perform all acts necessary to perfect the rights You grant To Us, including by performing any act and document at our request. You represent and warrant to Us that you own or have the necessary rights to the content You transmit to Us; that, at the date of transmission of the content or material: (i) the content and material are accurate and truthful, (ii) the use of the content and material does not violate any of our policies and will not harm any third party (including that the content or material will not be defamatory). You agree to indemnify Us in the event of an action by a third party against Us if such action has as its cause, basis or origin the content You have communicated to Us.

Article 12: Protection of personal data

We are committed to protecting your personal data. All personal data concerning You that We have collected is treated with the strictest confidentiality, in accordance with the legal provisions for the protection of personal data.

Article 13: Applicable law and competent jurisdiction

These general terms and conditions of sale are subject to French law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between You and Us are subject to the exclusive jurisdiction of the French courts.

Article 14: Customer Service and After-Sales Service

Customer Service and After Sales Service are open from Monday to Friday from 9am to 5pm (excluding public holidays)To contact our services, please log in to our platform (https://bookeen.zendesk.com/) and click on "Make a support request"

Article 15: Identification

This website is owned and operated by:

Bookeen S.A.S.

31 Rue du Val de Marne

CS 81426 - 75640 Paris Cedex 13

France

Phone. : 01 44 23 84 10

SIRET 448 118 208 000 25

SAS with a capital of 230,000 Euros

Intra-Community VAT: FR14448118208

If You believe that any content on our Site is likely to infringe any of your intellectual property rights, or if You have a question about our Site, You may write to Us through the contact form.

Terms and Conditions Bookeenstore Gift Voucher

  1. Features and prices

The Bookeenstore Gift Voucher is a gift voucher worth 10, 20 or 30 euros (depending on the amount indicated on the back and front of the Gift Card) to be spent on the Bookeenstore bookstore (www.bookeenstore.com).

The Bookeenstore Gift Voucher is worthless until it is activated by BOOKEEN. Activation must be made within twelve (12) months after purchase on https://bookeen.com to be valid

The Bookeenstore Gift Voucher may be offered or given to a third party beneficiary. The Bookeenstore Gift Voucher cannot be exchanged, resold, refunded even partially, or replaced in case of loss, theft, or end of validity.

  1. Purchase of the Bookeenstore Gift Voucher

The Gift Voucher is available on the https://bookeen.com website.

  1. Use of the Bookeenstore Gift Voucher

The Gift Voucher can only be used for the remote purchase of digital books on the "https://www.bookeenstore.com" website or via a Cybook e-reader with the Bookeenstore on-board bookstore, excluding pre-order.

To activate the Bookeenstore Gift Voucher:

Send us a message to the address "cadeau@bookeen.com" specifying the number mentioned on the card as well as the email of the Bookeenstore account previously created which will be credited.

The card user must have a Bookeenstore account in order to activate the Voucher.

To use the Bookeenstore Gift Voucher:

- Activate the Gift Voucher - Connect to the Bookeenstore digital bookstore accessible on the "https://www.bookeenstore.com" website or via a BOOKEEN e-reader with the Bookeenstore on-board library.

- Add one or more books in the basket and validate the order.

Upon payment the credit of the card will be automatically deducted from the total amount to be paid. The balance of the Bookeenstore Gift Voucher, credited to the Bookeenstore account, can be used for the next order of e-books. In case of a new order on the Bookeenstore, the funds available from the Gift Card on the account will be used in priority over the other means of payment offered by the Site.Si the balance of the Bookeenstore account is insufficient for the purchase you wish to make, you can complete the payment by any other means of payment accepted on the store.

  1. Intellectual property

Any deterioration, as well as, in the absence of authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of the various elements of the Site (in particular the editorial contents and photos), of the visuals of the BonCadeau are prohibited and exposes its author(s) to prosecution. The General Conditions do not authorize in any case the reproduction, modification or commercial use of the various elements of the Site and visual of the Gift Voucher.

  1. Liability

BOOKEEN declines all responsibility for lost, stolen or damaged Gift Vouchers. Indeed, BOOKEEN is not responsible for the theft, loss or damage of the Gift Vouchers, the holder or the beneficiary being solely responsible for its custody, conservation and use.

In case of loss, theft or damage, the Gift Voucher is neither refunded nor replaced. Similarly in case of non-use of the balance of the VoucherCadeau at the expiry of the validity date of the Gift Card.

BOOKEEN reserves the right to deactivate a Gift Voucher in the event of fraudulent use of it.

  1. Customer relationship

For any question, information or complaint, or in the event of a dispute, the Customer may contact BOOKEEN Customer Service via the support platform: https://bookeen.zendesk.com/ or by mail to the following address: BOOKEEN, 31 rue du Val de Marne, CS 81426 - 75640 Paris Cedex 13.