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 anyone visiting or making a purchase through the www.bookeen.com website (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 change, the applicable conditions are those in force on the Site on the date your order is placed.

Article 2: Contract

2.1 Conditions for placing an order
You declare that you are at least 18 years old 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 of the GCS in force before the validation of your Order. The Order Validation therefore implies acceptance without restriction or reservation of the GCS.

2.2 Stages of conclusion of the contract
After placing your order, We will send You an email confirming the elements of your order.
Then We inform You by email of the sending of your articles. This email constitutes our acceptance of your order and thus forms the sales contract between Us and You.

Article 3: Price

3.1 Price
The prices displayed on the site are indicated with all French taxes included (French VAT) if your country is located in Europe and without VAT if your country is located outside Europe, excluding participation in shipping costs.
Bookeen reserves the right to modify its prices at at any time, but the Products are invoiced on the basis of the prices 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 of receipt of the validated order.
We make all reasonable efforts to meet the requirements You have specified in Your order. In the event of unavailability of the Products after confirmation of the order, You will be informed by e-mail or by telephone as soon as possible and You will be refunded the entire order within thirty (30) calendar days from of 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 an appropriate response.
If you choose to pay by check bank account, your order will only be processed upon receipt of it 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 make payment by credit card or check.
Cards issued by banks domiciled outside France must be international bank cards. In the event 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 check must be made payable to Bookeen, and sent to the address below below:

Bookeen SAS
31 Rue du Val de Marne

CS 81426 - 75640 Paris Cedex 13
France

Article 6: Rights of customs

Any order placed on the site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and these possible taxes related to the delivery of an article are your responsibility and are your responsibility. We are not required 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 in 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 Product purchased:
Connect to your customer area https://bookeen.zendesk.com/
Select "Make a request for assistance" then fill in the Form and validate.

An acknowledgment of receipt with a return form and the procedure to follow to return the Product to Us uit will be sent to You by email at 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 following the validation of your request for withdrawal online.

We reserve the right not to take back Products that are incomplete or made unsuitable for a new sale in the state (due to damage, soiling , accidentals, etc.).
On receipt of the Products, and after the quality control, under the conditions mentioned in this article, We will reimburse you only the price of the product(s) purchased and the shipping costs, the return costs remaining at your expense. This payment must be made within 30 days after receipt of the products by Bookeen.

In the event 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 returned product. You must contact Us and return this product to Us at your expense within 30 days. (Contact Customer Service for the procedure - https://bookeen.zendesk.com/ ). Reimbursement of return shipping costs will only be made upon presentation of the invoice. We reserve the right to refuse the replacement if the product has been dismantled.

Article 8: Retention of title

The transfer of title to the Products will only take place for your benefit after full payment of the price. On the other hand, the transfer of risks will take place when 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 conforms to 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 was carried out under its responsibility".
Article L.217-5 of the Consumer Code: “To comply with the contract, the goods must:
1. Be fit for the use usually expected of a similar good and, where applicable:
Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge 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 the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method 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 goods".

9.2 Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them”.
Article 1644 of the Civil Code: “In the context of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price ".
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity ”.

9.3 Implementation of the legal guarantees

In accordance with the provisions of the legal guarantees of conformity and hidden defects, We will reimburse You or We will exchange Products that appear to be defective or do not correspond to You. not at your command.
To this end, please get in touch with 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 reimbursement. .
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 goods to act vis-à-vis the seller;
can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
is exempt from providing proof of the existence of the defect of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months from March 18, 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 can 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 all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery.
We are committed to providing all the care customary 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.
Our responsibility does not will not be engaged 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 Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of the use of the Site or the conclusion of the sales contract between Us and You. Under no circumstances will We incur liability for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage or which was not foreseeable at the time of use of the Site or the conclusion of the contract. of sale between Us and You.
The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on Our part, in the event of bodily injury or liability for 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 are You authorized to download or modify all or part of this Site without Our express written authorization. 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 clips, graphics, images, text, photographs, tools).
This Site or any part of this Site may not under any circumstances be reproduced, copied, sold or exploited for commercial purposes without our express permission. and written.
You must not use techniques to copy a brand, logo or any other information (including images, text, models) owned by Us without our express written consent. You must not use meta tags or any other "hidden" text containing our name, our trademark or that of our group companies without our express written consent. Any unauthorized use will terminate the license We have granted You.
We authorize You, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link does not may create for Us or for the companies in our group, or for our products or services, a misleading, false, pejorative or harmful character. Under no circumstances will the creation of this hypertext link engage our liability, in any capacity whatsoever, for the content of your site. Any use of our logo, brand or graphics in your link requires our express written permission.

Article 11: Comments, reviews, communications and other content

Users of this Site may send Us criticisms, comments or other content; Submit suggestions, ideas, questions, or other information to us so long as such content is not unlawful, obscene, abusive, threatening, libelous, libelous, infringing intellectual property rights, or harmful to third parties and does not consist of or does not contain computer viruses, political activism, commercial solicitations, mass mailings, chain letters 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 content. We reserve the right, in our sole discretion, to remove or edit any content.
If You send any content to Us or submit any material to Us, and unless otherwise specified by Us, You agree to grant Us, as well that to the companies of our group, the irrevocable, non-exclusive, free right and for the legal duration of the copyrights to exploit, reproduce, modify, adapt, publish, translate, distribute, sub-license and display such content worldwide and in any media. You grant Us, our group companies and our sub-licensees the right to use the name You provide 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 Us, in particular by the execution of any act and any document at our request.
You declare and guarantee to Us that you are the owner or have the necessary rights on the content You send to Us; that, as of the date of transmission of the content or material: (i) the content and material is accurate and truthful, (ii) the use of the content and material does not violate any of our policies and will not not harm any third party (including that the content or material will not be defamatory). You agree to indemnify Us in the event of action by a third party against Us as soon as this action has the cause, basis or origin of the content that 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 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 Monday to Friday from 9 a.m. to 5 p.m. (excluding public holidays)
To contact our services, please connect to our platform ( https://bookeen.zendesk.com/) and click on "Make a support request"

Article 15: Identification

This website is owned and operated by :

If You believe that any content appearing on our Site is likely infringe any of your intellectual property rights, or if You have a question about our Site, You can write to Us at 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 spend on the Bookeenstore library (www.bookeenstore.com).

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

The Bookeenstore Gift Voucher can be offered or given to a third party beneficiary. The Bookeenstore Gift Voucher cannot be exchanged, resold, refunded, even partially, or replaced in the event of loss, theft, or expiry.

2. Purchase of the Bookeenstore Gift Voucher

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

3. Use of the Bookeenstore Gift Voucher

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

To activate the Voucher Bookeenstore gift:

Send us a message to the address "gift@bookeen.com" specifying the number mentioned on the card as well as the email of the previously created Bookeenstore account 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 library accessible on the website "https://www.bookeenstore .com” or via a BOOKEEN reader with the Book embedded library eenstore.

- Add one or more books to the basket and confirm the order.

When paying, the card credit 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 digital books.
In the event of a new order On the Bookeenstore, the available funds of the Gift Card on the account will be used in priority over the other means of payment offered by the Site.
If 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.

4. 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 editorial content and photos), visuals of the Gift Voucher are prohibited and exposes its author(s) to prosecution.

The General Conditions in no way authorize the reproduction, modification or commercial use of the various elements of the Site and the visual of the Gift Voucher.

5. Liability

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

In the event of loss, theft or damage, the Gift Voucher will not be refunded or replaced. The same applies in the event of non-use of the balance of the Gift Voucher upon expiry of the validity date of the Gift Card.

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

6. Customer relationship

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