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General Purchasing Terms and Conditions

5 November 2021 (current version).

Version of the General Purchasing Terms and Conditions in use from 28 November 2017 to 4 November 2021.

Scope of application

The general purchasing terms and conditions herein stated (hereafter called « General Terms and Conditions ») apply to all purchases of products on the website http://sciencepress.mnhn.fr managed by the National Museum of Natural History (hereinafter called « Museum »), subject to specific conditions as indicated in the presentation of the products.

Orders made on the website https://sciencepress.mnhn.fr imply that the general purchasing terms and conditons were consulted beforehand and will be taken as a fully and irrevocably acceptation thereof.

The Museum has the right, without prior notice, to adapt or modify the aforesaid General Terms and Conditions at any given time. In case of modification, the General Terms and Conditions at the date of placing the order will prevail.

Seller identity

National Museum of Natural History
Headquarters: 57 rue Cuvier, 75005 Paris
Siret Identification Number: 180 044 174 000 19
Intra Community VAT Number: FR 62 180 044 174
E – commerce scientific publications department
Telephone: +33 (0)1 40 79 48 05, Monday to Friday, 9.am-12.30 pm/2 pm-5 pm
e-mail address: diff.pub@mnhn.fr

Offer description

The website https://sciencepress.mnhn.fr offers for sale hard copies of intellectual works, (in particular printed books with or without an accompanying CDRom, DVD and/or journal issues). It also offers for sale digital publications (e-books etc.).

These digital publications (e-books) sold through the website https://sciencepress.mnhn.fr are composed of digital files each containing intellectual works for downloading and thus readable on different electronic devices such as computers, tablets, smartphones etc.

All printed or digital works are protected by both French and International copyright laws. In the absence of an agreement giving details on any other terms and conditions of use, those files downloaded are for the sole use of the purchaser. They may not be resold, rented or transmitted free of charge beyond the family circle or beyond what are deemed to be legitimate needs for private use.  Any representation or reproduction of these files, in total or partially, except in cases provided for in article L122-5 of the Law on Intellectual Property, is strictly forbidden and infringement thereof will expose the alleged infringer to a lawsuit.

Print-on-demand articles and thematic issues of periodicals are printed works that are specifically produced at the customer's request in a print run defined by the customer. They are ordered online at https://sciencepress.mnhn.fr. Articles or thematic issues in print-on-demand with a page count of more than 300 pages will be produced in several volumes.

The printed or digital works are protected by French and international copyright laws. In the absence of a license specifying other conditions of use, the downloaded files are reserved for the exclusive use of the buyer. They can neither be resold, nor rented, nor transmitted free of charge beyond his family circle and the legitimate needs of his private use; any representation or reproduction of these files, total or partial, outside the cases provided for by article L122-5 of the code of the intellectual property, is strictly forbidden and would expose their holder to pursuits.
In order to make the buyers of the Museum's books aware of this last issue without penalizing them technically in the use they will make of the digital books purchased on https://sciencepress.mnhn.fr, the name and surname of the buyer are indicated at the bottom of each page of the PDF files purchased online. Articles and thematic volumes sold as print-on-demand are not affected by this technical measure (the name of the buyer does not appear on the copies ordered), and copies of articles and thematic issues distributed in Open Access on the site remain distributable under the same conditions in their printed version.

Orders

Orders may be made:

  • by internet: https.//sciencepress.mnhn.fr  (payment to be  made at the time of ordering)
  • by postal mail to: Publications Scientifiques du Muséum CP 41, 51 rue Cuvier – 75231 Paris Cedex 05 – France
  • by fax: +33 (0)1 40 79 38 40

Orders for articles or volumes printed on demand can only be placed via the internet.

Orders will only be confirmed on reception of payment.

The customer must be at least 18 years of age and be legally entitled, or have parental permission, to make an order on the http//sciencepress.mnhn.fr website.

By ticking the box entitled “I accept the general purchasing terms and conditions without any reservations”, the aforesaid General Purchasing Terms and Conditions are explicitly agreed to by the Customer, who leaves aside notably any option where his/her own version of any General Terms and Conditions would prevail, which would be non invocable against the Museum.

The customer may, however, withdraw the order up to the time of validation of the payment.

The customer may check the status of the order and ordering process at any time by logging onto his/her account.

Prices and taxes

The prices allocated to the products are in euros, net, including taxes, but do not include shipping costs with regard to printed works. All orders are invoiced in euros and settlement is to be made at the time of ordering.

By virtue of Directive (EU) 2018/1713 of 6 November 2018by the Council of the European Union, the French rate of 5.5 per cent value added tax (VAT) will be applied to all digital material. A 5.5% VAT is applicable to all printed material with the exception and some other products identified as not falling into this VAT category.

For customers within the European Union subjected to French VAT, the first order made on the website will be invoiced excluding taxes while waiting for communication of an intra-european community registration number. This number will be checked beforehand so as to establish an invoice excluding taxes. Thus any order made before the intra European community VAT number has been checked, will be invoiced VAT included.

For customers outside the European Union, orders will be invoiced excluding taxes.

Printed material (books) will be sold in keeping with the provisions in force and notably, withing the scope of the Lang Law (French Net Book Price Agreement) concerning a single price for books, this being determined by the publisher outside shipping costs. For all deliveries outside Metropolitan France, any customs duties or local taxes are the responsibility of the customer.

Shipping costs (excluding print on demand)

All orders will be shipped to the customer using the French postal service for packages called “Colissimo”.

However, with regard to the series “Encyclopédie des Carnivores de France”, the National Museum for Natural History reserves the option to send these by letter postage with follow up procedure, inasmuch as any package contains up to two copies, free of charge.

Shipping costs are calculated based on the total price amount of the order and the destination, as per the below-given chart.

Metropolitan France

Saint-Pierre and Miquelon islands, French Overseas Dominions

French Overseas Territories

< 50 €

≥ 50 €

< 100 €

≥ 100 €

< 100 €

≥ 100 €

6,90 €

0,01 €

13,15 €

0,01 €

15,70 €

0,01 €

 

 

European Union + Switzerland

Other European (except Russia) + Maghreb

Other destinations

< 100 €

≥ 100 €

< 100 €

≥ 100 €

< 100 €

≥ 100 €

16,00 €

0,01 €

19,80 €

0,01 €

25 €

0,01 €

Shipping costs for print-on-demand articles and periodical volumes

All orders are shipped from Belgium.
The shipping costs are calculated according to: 1)/ the total price of the order; and 2°/ the place of delivery, according to the scales below:

France, Belgium: 15€ ;
Other Europe: 25€ ;
Rest of World: 30€.

This price corresponds to the sending of a package and is added up according to the number of packages sent (approximately every 25 kg, the calculation being made on the total number of pages of the order).

Means of settlement – Payment – Invoicing

Means of settlement

The Purchaser must choose to settle the order, exclusively in euros, in accordance with the following different means of payment:

  • On-line payment by credit card (credit cards with identification such as: Visa, Eurocard, Mastercard). Settlement by credit card is made via the SP PLUS secure system. The bank transaction is carried out at the time of placing the order. The customer will be requested to enter his/her credit card number, expiry date as well as checking number.
  • Settlement by means of a check in euros cashable through a French Bank, made out to “Régie de Recettes des Publications Scientifiques” and sent to the following address: Publications Scientifiques du MNHN – CP 41 – 57 rue Cuvier –75231 Paris Cedex 05 – France

The Order will not be processed until full payment by check covering the purchase and the shipping costs has been received. Payment by check is only possible if drafted in euros and cashable through a French bank.

  • by Bank transfer, in which case all bank charges remain the responsability of the Purchaser.  The order will thus be processed on receipt of the funds transferred.

  • by means of an Administrative Order, this means of payment being reserved for French Government Agencies (see instructions in French).

Payment

All payments shall be in euros. The price of the purchase will be payable in full and in one installment at the time of placing the order. In the event of a payment being rejected by our financial services, the order will automaticaly be cancelled.

On validation of the payment means made by the Purchaser, the order will be confirmed and cannot thereafter be cancelled or reimbursed except if the Purchaser exercises his/her 14-day right of withdrawal (see below) and expressly requests a refund.

The Purchaser will give proof to the Museum that the necessary authorisation, if any, for the means of payment chosen, has been obtained. The Museum may investigate any order suspected as being fraudulent and take any action that is deemed appropriate.

As proof of purchase, the Purchaser may print the complete transaction record appearing on the screen once payment has been accepted.

Invoice

The invoice will accompany the product(s) in the package sent to the client except for print on demand for which the invoice will be sent separately.

Delivery

No matter what the destination country is, delivery of the printed works is made to the address indicated at the time of ordering. These products are shipped within 2 to 10 business days depending on their availability. As soon as the order is shipped, a confirmation email will be sent with the tracking number that will enable the customer to track the package. Delivery time includes package preparation time in addition to transportation time by postal services, depending on the destination.

Downloading of digital products purchased on our website is deemed to be delivery thereof. The customer shall be in a position to carry out the downloading of the digital product using his/her personal account just a few minutes following payment of the order.

Guarantee, Return and Refund Policy

Product guarantee

All new products supplied through our website are guaranteed to be without defect. However, if it happens that any of them turns out to be flawed or is considered not to be in conformity with usual standards, the customer has the right, up to 14 days after reception of his/her order, to return the aforesaid product in its original wrapping, or by means of an e-mail if the flaw is in a digitalised immaterial product. The customer may ask either for reimbursement, or for an exchange, of the defective product. Immediately on receipt of the flawed product, a new replacement product will be sent off in the case of a printed product, or a new downloading shall be made available in the case of a digitalized product. If the book is no longer available the customer will be refunded. As regards any request for reimbursement for a flawed product, the customer must follow the reimbursement procedure as described herebelow.

In the event of digital contents being flawed on the immaterial support, only an exchange will be possible, no reimbursement being possible.

The printing quality of print on demand products is the responsibility of our printer; the Museum cannot be held responsible for any printing defects. However, the Museum does its utmost, in agreement with its printer, to offer products of sufficient quality for reasonable use (sharing, shipping, etc.). The Museum does not receive any copies of articles or volumes ordered in print on demand, and therefore cannot commit itself to the technical quality of the copies received by the buyer. The colourimetry and fidelity of the colours reproduced cannot therefore be guaranteed and cannot constitute grounds for a complaint by the buyer.

Damaged packages

In the event of delivery of an obviously and visibly damaged parcel, it is up to the client to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the Museum by e-mail, without delay, so that a new parcel can be prepared and sent to the customer as soon as the damaged parcel is returned by the carrier.
For deliveries of prints on demand, only the sender can file a complaint for a damaged parcel. It is therefore advisable to accept the delivery and to contact the sender by email at michele.quadt@africamuseum.be as soon as possible, sending photos of the damage, both of the packaging and of the contents to the sender, as he will need them to submit a complaint. The complaint must be submitted by the sender within 7 calendar days of delivery, regardless of the agreements between you and the sender. It is therefore best to contact him as soon as possible. In addition, the sender may decide, in consultation with you, to return the package.

14-Day right of withdrawal

Any immaterial digitalised contents are deemed to be firm and final. No exchange, reimbursement or withdrawal will be possible, in conformity with Article L.120-20-2 of the Consumer Code.

Similarly, purchases of print-on-demand products cannot give rise to the right of withdrawal, in accordance with Article L221-28 of the Consumer Code.

For all other purchases, the customer can avail of a period of 14 working days to send them back at his/her own cost, inasmuch as the products are deemed unsuitable, for any reason whatsoever.

In exercising the right to withdraw, the Purchaser will be able to either claim either reimbursement for his/her order from Customer services, with the exception of costs involved for their return, or an exchange for another similarly priced product of the same quality.

Refund

To this effect, the customer should enclose the copy of the invoice of the product in perfect condition in its original wrapping being sent back, attach thereto his/her banking details in the event of requesting reimbursement, and address the package as follows: Publications Scientifiques du Museum – CP 41, 57 rue Cuvier, 75231 Paris Cedex 05, France.

On receipt of the aforesaid products, Customer Services will contact the Purchaser (either by e mail or by telephone) so as to solve the problem, as soon as feasible, but not later than 30 days after the notified withdrawal date.

In the event of request being made for reimbursement, the Museum undertakes to reimburse the Purchaser the total amount paid, outside of the costs for returning the product paid for by the Purchaser.

Data protection and privacy

When customers browse and purchase, MNHN collects personal data about them. For details and procedures, please consult the Data Protection Policy at the following address: https://sciencepress.mnhn.fr/fr/politique-de-protection-des-donnees

In order to exercise the rights provided for by the regulations on personal data as explained in the said policy, each Customer may contact the Museum by e-mail at diff.pub@mnhn.fr or by post: Publications Scientifiques du Muséum - CP 41 - 57, rue Cuvier - 75231 Paris cedex 05 - France

In the event of difficulty in the management of your personal data, you may lodge a complaint with the CNIL.

Limitation of liability

The Museum will in no way be liable in the event of the contractual operation being hindered because of an event deemed to be “force majeure”. Without limitation, will be deemed force majeure events, not only those usually proclaimed as such by case law in French Courts, these being strike actions either within or outside the company, blocking of means of transportation or means of delivery no matter what the reason, governmental or legal restrictions, computer breakdowns, blocking of the telecommunication network systems including, notably, internet.

The Museum shall not be held responsible for any interruptions of connection to the Internet resulting from any technical problems, or from any technical problems arising with customers’ own software or devices.

The administrator of the website however has the right to temporarily close down access to the website without giving notice thereof.

The Muséum will not be held liable, under any circumstances, for the content of third party websites referencing the Muséum products.

The products on the website all comply with French legislation in force. The Museum cannot be held responsible in case of non-respect of the legislation of the country where the products are delivered or downloaded.

The customer is solely responsible for ascertaining whether the use of products purchased is locally permitted and in compliance with all legal requirements.

General terms and conditions

Both parties hereto agree to accept the present general terms and conditions in their integrality.

If, for any reason whatsoever, any one of the clauses of the present General Terms and Conditions is to be deemed inapplicable, the aforesaid clause shall be deemed to be non-existent, but in no way will this render null and void the aforesaid General Terms and Conditions, nor will any other clauses in the aforesaid General Terms and Conditions be altered in any way.

Applicable law/litigation settlement

These General Purchasing Terms and Conditions come under the jurisdiction of French Law .  In the event of any litigation, preferably an out-of-court settlement should be sought before having recourse to any lawsuit which would be heard in the appropriate French Courts in Paris (France) where the headquarters of the National Museum of Natural History is located and where the sales contracts will be contracted between the parties.