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GENERAL CONDITIONS OF SALE – BUSINESS CUSTOMERS
THE MEMORIAL DE CAEN – SHOP AND BOOKSHOP
To place an order, the customer must have a business customer account open with the Mémorial. The public website is reserved for consumers.
1. Preliminary stipulations
These general conditions of sale constitute a contract of sale, defining the rights and obligations of the Mémorial de Caen, hereinafter referred to as "the Mémorial" (Caen Trade and Companies Register no. 348 713 694), and its business customers wishing to make a purchase via the website https://www.boutique-memorial.fr hereafter referred to as the "Site".
Customers are exclusively professionals, defined as any individual or legal entity, public or private, who acts for the purposes of their commercial, industrial, artisanal, liberal or agricultural activities, including when acting in the name or on behalf of another professional.
These general conditions supersede the previously applicable conditions. The act of placing an order implies the customer’s full and unreserved adherence to the general conditions of sale set out below, which prevail over all other documents such as impressions, prospectuses, promotional catalogues, description of the products issued by the Mémorial.
The Mémorial takes the utmost care to place information on the essential characteristics of the products online by means of technical descriptions from its partners and suppliers and photographs illustrating the products. In this regard, the Mémorial agrees to respond to any request for further information on the products. In any event, the responsibility of the Mémorial may not be incurred as a result of any changes or errors concerning the description of the characteristics of the purchased product, unless the essential characteristics of the product are affected.
The customer’s general conditions of purchase may not cancel all or part of these conditions which remain, therefore, except for specific conditions expressly agreed between the parties, the only ones valid and applicable in the relationship between the customer and the Mémorial.
The fact that one of the parties does not make use at any time of any of these conditions shall not be construed as a waiver of any of these conditions in the future.
The Mémorial reserves the right to adapt, modify or update, at any time and without prior notice, its general conditions of sale. In any event, the general conditions of sale applicable are those online at the time the customer places the order.
2. Creation of a business customer account
To place an order, the customer must have a business customer account open with the Mémorial. The public website is reserved for consumers.
If the customer is already registered on the site, they will fill in the fields provided with their personal ID and password.
If the customer is not yet registered on the site, they must request the creation of an account and fill in the following mandatory information: Legal name and/or first name and surname , SIRET number, VAT number, address, email and telephone number. They then receive confirmation of their request to create an account by email. After verification of the information entered, the Mémorial will proceed with the activation of the customer’s business account. The customer will receive an email confirmation of the creation of their account. The Mémorial reserves the right to refuse the request for the creation of the customer's account for a legitimate reason.
Once the customer is identified on the site, the sale prices of the proposed products correspond to the general price list of the Mémorial for its professional customers. Otherwise, the selling prices of the products displayed on the site are those offered to consumer customers.
The prices displayed on the site do not take account of any special conditions agreed with the customer. In order to benefit from its special conditions, the customer is invited to request a quotation in accordance with the procedure proposed on the site.
3. Quotes – Orders
3.1. Quote request
The selling prices of the products mentioned on the site correspond to the general price list of the Mémorial for its professional customers. They do not take into account any special conditions agreed with the customer. In order to benefit from its special conditions, the customer is invited to request a quote in accordance with the procedure proposed on the site. To do this, they go to the pages of the products they are interested in and click on "Add to my quote". Once the selection is complete, they submit their request by clicking "Submit". The Mémorial will receive the customer's request and respond to it by email. The customer can also access the status of their request for a quote directly via their business account on the site.
Quotes from the Mémorial are valid for 30 days. The benefit of the proposed special conditions is strictly personal to the customer and cannot be transferred without the agreement of the Mémorial.
If the specific conditions proposed are suitable, the customer has the possibility of accepting the quote proposed by the Mémorial by clicking on "turn the quote into an order" and placing their order on the site under the agreed conditions, as indicated in article 3.2.
If there are no specific conditions agreed, the order will be placed under the terms of the price list offered on the site.
3.2. Order on the site
The customer declares that they have the ability and authority to enter into this contract.
The customer will place an order according to the instructions given on the site. They agree to fill in the information for their order, ensuring that this is complete and accurate. In any event, the customer is responsible for the information entered at the time of placing the order. In the event of an error in the wording of the addressee (name, address, etc.), the Mémorial cannot be held responsible for delays in the delivery of the products.
The customer has the possibility of placing an order on the site by adding their products to their cart, under the terms of the price list offered on the site; or, after requesting a quote from the Mémorial and deciding to convert their quote into an order as indicated in article 3.1.
The customer then chooses their delivery method and payment method. The customer declares that they have read and accepted these terms and conditions of sale by checking the corresponding box. The customer definitively confirms their order by clicking on the "finalise my order and pay" icon.
The customer will then receive an order confirmation email that the customer is asked to keep as it is proof of their order.
Once the order has been validated, no total or partial cancellation or quantitative or qualitative changes may be made by the customer. If changes to the order were exceptionally and expressly accepted by the Mémorial, they could result in an adjustment of prices and deadlines, in addition to compensation for any damage suffered by the Mémorial as a result of such changes.
3.3. Product availability
Information on the availability of the product(s) shall be given during the selection of products, subject to possible synchronisation errors with the Mémorial computer system. In any event, the availability of the products will be definitively validated when the order is sent to the customer by email.
In the event that one of the products ordered is not available during the preparation of the customer's order, the Mémorial agrees to contact the customer as soon as possible in order to inform them when this product may be delivered. If this time is too long, the customer can choose to cancel their order and the sums paid will be refunded to them as soon as possible.
It is recalled that the choice of products is carried out under the sole responsibility of the customer.
3.4. In any event, the Mémorial reserves the right not to accept an order for a legitimate reason, such as, for example , a problem concerning the understanding of the order received, a foreseeable problem concerning the delivery, or an abnormality of the quantities ordered. In case of non-acceptance of the order for a legitimate reason, the Mémorial will inform the customer by email. The Mémorial also reserves the right not to satisfy any customer request which is exorbitant or derogatory to the common law and its general conditions or in the event of a dispute in progress with the customer.
4. Delivery – Receipt
4.1. Delivery times
The delivery times , if any, indicated are given only as an indication, except in the case of an express commitment on firm dates and times scheduled between the Mémorial and the customer in writing. In the absence of such an agreement, the exceedance of deadlines may not give rise to damages, withholding or cancellation of orders in progress.
The Mémorial shall not be liable for any delay or failure to receive the order due to a case of force majeure or a fault of the customer, for example in the event of an incorrect address or absence of the customer at the time of delivery.
4.2. Place of delivery
The products are available for sale for online purchases delivered in Metropolitan France, Corsica, DROM-COM and in the countries of the European Union. In no event shall the Mémorial be liable for delay and/or non-delivery due to a false or erroneous address or an address to which delivery would be impossible.
4.3. Delivery and receipt procedures
The delivery methods proposed by the Mémorial are as follows.
Only collection from the shop and bookshop is free. Other delivery methods are subject to additional charges invoiced to the customer and clearly indicated at the time of choice of delivery method when ordering.
4.3.1. Collection from the Mémorial shop and bookshop – click & collect
The customer can physically pick up their order at the bookshop of the Mémorial de Caen using click and collect, during the opening days and hours of the Mémorial de Caen (consult the opening calendar of the Mémorial de Caen on the site by clicking HERE).
The customer has twenty-one (21) working days from the receipt of the email informing them of the availability of the products to collect their order.
To proceed with the collection of their order, the customer will present the order confirmation email (on which the order number is indicated) in a mobile or in paper version. Their ID may be requested.
If these documents are not presented, the Mémorial will be entitled to retain the customer's order, with the customer being required to return with the required documentation.
In case of the absence of collection of an order by a customer within twenty-one (21) working days from the receipt of the email informing them of the availability of the products, the customer may be given notice to proceed with the collection of their order. In the absence of execution, the Mémorial reserves the right to continue the forced execution of the order or to terminate it, in addition to compensation for any injury suffered (storage costs, recovery costs etc).
4.3.2. Delivery to the customer
The products are delivered to the address requested by the customer.
The delivery is deemed to be made by the Mémorial on physical delivery of the goods ordered by the carrier to the customer. The customer is responsible for personally receiving the ordered products. The customer agrees to sign the delivery note of the products.
In the event of the absence of the customer at the time of delivery, the latter shall be informed as soon as possible by the carrier of the availability of the products. If this deadline is exceeded, the package will be returned to the Mémorial. The customer will be responsible for any re-shipment charges.
Upon receipt, it is the customer’s responsibility to check the condition of the packaging and the number of products. This verification is considered to be carried out once the customer, or a person authorised by them, has signed the delivery note. It is the customer’s responsibility, in the event of a dispute, damage to the product during transport, damaged, missing or late products, to make clear and precise reservations on the delivery or receipt document of the carrier, and to confirm these reservations to the carrier by registered letter with request for acknowledgment of receipt within three (3) days, not including public holidays, following the receipt of the goods. A copy of this letter will be sent to the Mémorial.
In all cases, the customer is responsible for receiving the products. They must therefore be present or represented at the place and day of delivery. In any event, the signature of any person present shall be deemed to bind the customer, who shall organise accordingly.
Failure to comply with this clause shall not allow any dispute.
5. Price – Payment
5.1. The selling prices of the products mentioned on the site correspond to the general price list of the Mémorial for its professional customers. They do not take into account any special conditions agreed with the customer. In order to benefit from its special conditions, the customer is invited to request a quotation in accordance with the procedure proposed on the site.
The prices are quoted in euros with all taxes included, the VAT applicable being that in force at the time of the order. The prices indicated on the site do not include the delivery costs of the products, invoiced in addition and clearly indicated to the customer before the validation of the order.
The Mémorial reserves the right to change its selling prices at any time. However, no changes can be made after the order is placed. In any event, the price applicable to the products ordered is that indicated on the site on the date of the order.
5.2. Orders are payable in euros and in full.
Orders are payable in cash when the customer chooses to pay for their order on the site by credit card (blue card, Visa, Mastercard) or by PayPal. The customer makes the payment by returning to the secure Internet site of the Memorial's banking partner. If the card used by the payment centre is rejected, the order is automatically cancelled.
Orders are payable at ten (10) days when the customer chooses to pay by cheque or wire transfer. In this case, the customer has ten (10) working days from their order to proceed with the payment (the date of the recording of the funds in the bank account of the Mémorial being authentic). If the cheque is refused by the payment centre, the order is automatically cancelled.
No discount is granted in case of early payment.
At no time may the sums paid be considered as deposits or down payments.
The Mémorial reserves the right, at any time, depending on the volumes ordered and more generally the risks incurred, to set a ceiling on the sums due by the customer or to require payment in advance or certain guarantees, this in particular if it is a first order or in case of a current or past dispute with the customer.
5.3. In the event of non-payment in full or in part on the agreed deadline, the customer will be liable for a penalty calculated on the basis of three (3) times the legal interest rate in force in France and a lump sum compensation for collection costs of forty (40) euros. If the actual costs of litigation and collection incurred by the Mémorial (including collection company, bailiff, lawyer, referral court) are greater than forty (40) euros, the customer shall be liable for the additional costs incurred and justified. The corresponding invoice will be sent to the customer.
In the event of non-payment of an invoice at maturity, the Mémorial will also be entitled to:
- suspend or terminate, upon prior ineffectual notice, any order in progress, without prejudice to any other action;
- revoke any business benefits and payment terms that may have been granted but not met;
- pronounce the immediate requirement of any other claim that the Mémorial holds over the customer.
5.4. Retention of title clause
The products remain the property of the Mémorial until the full payment of the price in principal, costs, interest and accessories by the customer. However, risks are transferred as soon as the products are received by the customer. In any event, the products in stock with the customer will be presumed to be the unpaid ones. In the event of resale of the products by the customer, the customer agrees to transfer to the Mémorial the price paid by the sub-purchasers up to the price of the products remaining to be paid. In case of default, the Mémorial, without losing any other of its rights, may require by registered letter with request for acknowledgment of receipt the return of the products at the customer's expense and risk. The customer will also bear any legal and judicial costs.
6. Guarantees – Responsibilities
6.1. Without prejudice to the arrangements to be made with respect to the carrier, claims for any defects or non-compliances of the products shall be made under the following conditions.
In the case of apparent defects or non-compliances of the products delivered with the products or services ordered, the customer has a period of two (2) days, not including public holidays from their receipt, to make their complaint to the Mémorial in writing. At the same time, it shall send a copy of the reservations made with the carrier under the conditions set out in article 4.3.2.
In the case of hidden defects, complaints must be made within fifteen (15) days of the discovery of the defect and in any event within six (6) months of receipt of the products in issue, to the Mémorial by registered letter with request for acknowledgment of receipt.
It is the customer's responsibility to provide any justification for the reality of the defects or anomalies. They shall leave the Mémorial any facility to make the finding of these defects or anomalies.
It is recalled that the customer does not benefit from any right of withdrawal. Any return of a product must therefore be motivated and in any event be the subject of an express agreement of the Mémorial. Products are returned by the customer at their own expense and risk. In the event of non-compliance with this clause, no dispute shall be allowed.
In the event of a defect in the product due to the Mémorial, the Mémorial may, at its option, either replace the product, repair it or finally refund the customer in whole or in part.
The customer is reminded that the Mémorial does not provide any other guarantee.
6.2. Any liability of the Mémorial shall be excluded if the defect or fault results from normal wear of the product, from intervention by the customer or by a third party on the product (modification, incorporation, repair, etc.); failure to comply with the recommendations for use of the product; failure to comply with the conditions of use, storage, preservation, maintenance or resale; in the event of malicious acts of the customer or third parties; or force majeure.
The responsibility of the Mémorial is also excluded in case of non-conforming or inappropriate use of the product or in case of inadequacy of the product to satisfy the special needs of the customer not expressly accepted by the Mémorial at the time of the order.
It is indeed recalled that the choice, use and possible resale of the products are the sole responsibility of the customer. In this context, it is up to the customer to check that the products ordered are suitable for their purpose or the use they wish to make of them.
The customer agrees to use and, if necessary, resell the product as a careful professional in accordance with its purpose. They are thus required to use and/or store and/or resell the products or services in accordance with the regulations in force and to comply with all their legal obligations, since the Mémorial cannot in any case be liable for defects arising from abnormal or non-conforming conditions of use, storage, conservation, maintenance or resale after receipt.
6.3. The Mémorial shall not be held liable for any temporary or permanent damage to the customer’s computer system or for any loss or damage which would be suffered, in particular, as a result of access or navigation to the site. The transmission of data via the Internet may result in errors and/or the fact that the site is not always available. Consequently, the Mémorial cannot be held responsible for the availability and interruption of the online service.
7. Intellectual property/Personal data
7.1. All the content of the site (illustrations, texts, labels, marks, images, logos, videos, etc.) is the property of the Mémorial. Any reproduction in whole or in part of the site is prohibited, unless the Mémorial gives its express and prior authorisation. The Mémorial does not allow the creation of hypertext links unless express and prior agreement is reached.
Unless otherwise stipulated, the Mémorial retains the intellectual property of its creations (know-how, copyright, trademarks, etc.) which may not be used, represented, communicated, performed, adapted or translated without its prior written permission. In any event, the customer will only use the Mémorial documents in accordance with the purpose for which they were transmitted.
7.2. The Mémorial shall collect and process the personal data of customers in accordance with the applicable personal data rules and the Privacy Policy which it has developed, and which supplements these general conditions of sale, of which it shall form an integral part. As such, the Mémorial invites customers to consult it by clicking HERE. The customer may at any time ask to change their data using the "Personal Data" form by clicking HERE.
8. Disputes
The parties agree that these conditions and their consequences are subject to French law. The language hereof and of the relations between the parties is French.
In the event of a dispute between the parties or a dispute of any kind relating to the formation, interpretation, execution or termination of the order or the relationship between the parties, the Commercial Court of CAEN (FRANCE – 14) will be the sole competent court. This jurisdiction will apply even in the case of a referral, an incident request or a plurality of defendants, and whatever the method or methods of payment.
9. Contact
MÉMORIAL DE CAEN – Esplanade Général Eisenhower – CS 55026 - 14050 CAEN CEDEX 4
Status: Semi-public company
Company share capital: €216,350
SIRET number: 348 713 694 00019
VAT number: FR 71348713694
For any questions, the customer can contact the Mémorial at the following address:
LIBRAIRIE DU MÉMORIAL DE CAEN
Esplanade Général Eisenhower
CS 55026
14 050 CAEN CEDEX 4
Tel. 02 31 06 06 53 / Fax: 02 31 06 06 51
Email: boutique@memorial-caen.fr
Version dated 1st February 2022.