GENERAL CONDITIONS OF SELLING

Preamble

These general conditions of sale (hereinafter "General Conditions") govern all orders placed on Centre Pompidou's site http://boutique.centrepompidou.fr (hereinafter "the Site").

The placing of an order implies that these general conditions of sale have been read and are accepted in full and irrevocably.

Clause 1: Identification of Centre Pompidou

Centre National d’Art et de Culture Georges Pompidou,

A national public cultural establishment
Registered office: 75194 Paris Cedex 04. 
Trade registration number (SIRET): 18004602100028

VAT number: FR74 180 046 021

For any information or questions, Customers can contact the Union Distribution customer service department at the following address: commandeshorslibrairies@union-distribution.fr

Tel: 01-41-80-20-20 from 08.30 to 17.30 Monday to Friday (when calling, specify that the query concerns an order from Centre Pompidou's online shop).

Postal address: 106, Rue du Petit Le Roy, 94550 Chevilly Larue

Clause 2: Acceptance of these general conditions of sale

The General Conditions define the rights and obligations of the parties in the context of distance selling of products offered by Centre Pompidou on the Site. The Customer acknowledges that they have read these General Conditions when validating their order. Validating an order means that the General Conditions are accepted without exception.

Centre Pompidou reserves the right to adapt or change these general conditions at any time. In case of change, the General Conditions applied to each order will be those in force on the date the order is placed.

Clause 3: Prices  

The selling prices of the products are indicated in Euros including tax (VAT + other taxes and in particular tax on videograms if applicable) excluding contribution to the costs of handling and despatch.

 

The prices of books are set in compliance with the Lang law No. Lang 81-766 of 10 August 1981.

In the case of orders to a country other than metropolitan France, the Customer is the importer of the product or products concerned. For all products despatched outside the European Union and the French Overseas Departments and Territories (DOM-TOM), customs duties, other local taxes, import duties or State taxes may be payable. These duties and sums are borne by the Customer who is fully liable for them in terms both of declarations and of payments to the competent authorities and/or organisations in the country of import. The Customer is advised to contact the local authorities in the country of import of the products for information regarding these aspects. 

All orders, whatever their origin, are payable in Euros.

Centre Pompidou reserves the right to change its prices at any time but the products will be invoiced at the prices in force at the time the order is registered.

The total amount of the order is the final price in Euros, including all taxes, and including the costs of handling and despatch. It is given in the order confirmation email and in the electronic invoice that can be downloaded once payment has been made or from the account created by the Customer.

The products remain the property of Centre Pompidou until the full price has been paid by the Customer.

Clause 4: Order

The Customer places an order for one or more products offered for sale on the Site.

The online ordering procedure comprises the following steps:

1. Item(s) placed in basket

2. Summary of order and identification

3. Choice of delivery and invoicing address

4. Choice of delivery method

5. Validation of order and payment 

Each order validated by the Customer constitutes irrevocable acceptance which can only be called into question in the limited cases stipulated in Clauses 9 and 10 of these General Conditions.

The contractual information is given in French and is confirmed in an email specifying the following points:

- date and time of order,
- essential characteristics of product(s) sold,
- order number,
- total price of order and method of payment chosen by the Customer,
- method of despatch chosen by the Customer with corresponding delivery costs,
- date of delivery,
- information about after-sales service and email address of Customer Service Department to which the Customer can send any queries,
- reminder of conditions and procedure for exercising right of withdrawal,
- address of Seller's registered office and trade registration number (Siret)

Centre Pompidou reserves the right not to process an order placed by the Customer:
-If the banking institution responsible for managing the payment of the order sends information stating that it is impossible to implement the chosen method of payment of the order;
-In general, for a legitimate reason as stipulated in Article L122-1 of the Consumer Code.

Clause 5: Availability

Product offers and prices are valid as long as they are visible on the Site, within the limit of stocks available.
For products not stocked in Centre Pompidou's warehouses, the offers are valid subject to availability on the suppliers' premises. In this regard, Centre Pompidou informs the Customer of product availability when the order is placed. As this information comes directly from the suppliers, errors or changes may exceptionally exist. If a product is permanently unavailable after the order has been placed, Centre Pompidou informs the Customer by email. The order is automatically cancelled and Centre Pompidou undertakes to reimburse the Customer no later than sixty days after payment.

Clause 6: Delivery

The products are delivered to the delivery address indicated by the Customer during the ordering process in accordance with Clause 4 hereabove. If items are available for delivery on different dates, Centre Pompidou reserves the right to split the order. In this case, the contribution to handling and despatch costs will only be invoiced for one shipment.

The average delivery time for metropolitan France is 3 days.

If despatch is delayed, Centre Pompidou sends an email to the Customer. At all events, in accordance with the legal provisions, in the event of a delay of more than 7 days, the Customer is entitled to cancel the order within 60 working days.
In this case, if the product is received, after cancellation of the order by the Customer, Centre Pompidou reimburses the price of the product on the basis of a supporting document from the Post Office or the carrier sent by the Customer, upon receipt of the product by Centre Pompidou, complete and in its original condition. The Customer must enclose with the returned product a document substantiating the cost of return.

The Customer is required to inform the carrier and Centre Pompidou of any reservations regarding the product delivered (parcel damaged, already opened, etc). In this case the Customer may receive an exchange or reimbursement of the product delivered, under the conditions described in Clause 10 below.

 

The applicable delivery cost, specified when the order is placed, is calculated according to the weight of the parcel and the delivery area. To see the detailed calculation of these delivery costs click here: table of delivery costs.

The Customer agrees to take delivery of the products ordered at the delivery address shown in the order confirmation email.
The Customer must date and sign the delivery note presented by the carrier. This dated and signed note constitutes proof of transport and delivery.

If the Customer is absent, they can collect the parcel within the period indicated by the carrier.
Important: If the parcel is not collected within the given period, the products will be returned to Centre Pompidou which reserves the right to reimburse the price of the order, excluding the cost of delivery which remains payable by the Customer.

Clause 7: Payment

Purchases on the Site are paid for by bank card:

-         French Carte Bleue,

-         Visa, MasterCard.

by entering directly in the appropriate field the card number without spaces between the figures, its expiry date and its security code.
Note that the payment card number appears in full when entered in the field, but only the last 5 figures are visible in the Customer's account, the others being masked for security reasons.

The security code is the number on the back of the bank card, if it has been issued since 2001.
It enhances the security of online payments. Only the last 3 figures of the code should be entered.

Payment is in Euros.
The card is debited when the transaction takes place.

If several items are ordered, the Customer is charged the price of the despatched items together and the despatch costs are only invoiced once.

The Customer can see the invoice for their order on their Customer page.

A delivery note with no indication of price is attached to the parcel.

If the card used is refused by the payment centre, the order is automatically cancelled.

The Customer is asked to print the proof of the transaction which will be displayed on the screen after effective payment of the order.

 

Clause 8: Security

The Site has a security system to ensure the confidentiality and security of the data entered on the Site by the Customer. 

To this end, Centre Pompidou has adopted the SSL encryption process and reinforced all the scrambling and encryption processes to ensure the most effective possible protection of all the sensitive data related to the methods of payment.

Clause 9: Right of withdrawal

9.1 – In accordance with the legal provisions, the Customer has 7 working days from receipt of the ordered item to return, at their cost, any unsuitable product without having to give any reasons or pay any penalty.
In the event of withdrawal within the aforementioned period, only the price of the purchased products and the costs of carriage will be refunded to the Customer, who must pay for the cost of return.

Returns should be sent to:

 

UD – Union Distribution

SERVICE RETOURS

6, rue de l’Europe - 45300 Sermaises

marked: Retour commande Boutique en ligne Pompidou (Return of order to Pompidou online shop)

Products must be returned in their original packaging, complete, accompanied by a copy of the delivery note and all accessories if any, instruction manual and documentation, etc, to allow their resale. Any items returned incomplete, spoilt, damaged or soiled by the Customer will not be accepted.
If the right of withdrawal is exercised, Centre Pompidou undertakes to reimburse the Customer for the aforementioned sums no later than sixty days after the date on which this right was exercised.

9.2 – In accordance with current legislation, the right of withdrawal cannot be exercised for audio or video recordings or computer software unsealed by the Customer, or for newspapers, periodicals or magazines.

Clause 10: Legal warranty – Product compliance 

In accordance with the legal provisions, the delivered products are covered by the compliance guarantee and the legal warranty against hidden defects caused by faulty material, design or manufacture affecting the product and making it unfit for use.

The Customer is informed that:

• no legal warranty applies in case of incorrect use, negligence or defective maintenance by the Customer, or of normal wear of the product, accident, an act of the Customer, or in a case of force majeure as defined in Clause 14 herebelow;

• any warranty is limited to the replacement or reimbursement of the non-compliant or defective product(s);

• to claim their rights, the Customer must, on pain of forfeiture of any action relating thereto, inform Centre Pompidou in writing of the existence of the non-compliance of the delivered product(s) and the hidden defect affecting the product(s) as soon as possible after it is discovered (at all events, non-compliance may not be invoked later than two years after the product's delivery date);

• no product will be exchanged or refunded without the agreement of Centre Pompidou and before it has been returned (preferably in its packaging) by the Customer to the address shown in Clause 1 of these general conditions.

The cost of carriage will be refunded to the Customer on the basis of the invoiced price and the cost of return will be refunded.

Clause 11: Reimbursement

The reimbursement of products in the cases stipulated in Clauses 9 and 10 takes place no later than sixty days following the date on which the right has been exercised.
Reimbursement takes place on the proposal of Centre Pompidou by credit to the Customer's bank account.

Clause 12: Proof – Saving – Archiving

The computerised records, kept in the Seller's computer systems, under reasonable conditions of security, shall be considered as proofs of the contract of sale, its date, the orders and the payments which have taken place between the parties.

Orders and invoices are archived on a reliable and durable medium so as to correspond to a true copy, in accordance with Article 1348 of the Civil Code.
The Customer can access the archive of their order and invoice by sending a request to the Customer Service Department accompanied by proof of their identity.

Clause 13: Intellectual Property

13.1 – All the texts, comments, works, illustrations, images and other contents of the Site are protected by copyright law. In this respect and in accordance with the provisions of the Intellectual Property Code, private use alone is authorised subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction or representation of the Site or of all or part of its contents is strictly prohibited.

13.2 – Certain products such as software in particular are subject to personal and specific rights of use governing copying, public distribution, and hire. The Customer undertakes to comply with the general conditions of sale for these products. Centre Pompidou cannot be held liable for any uses made of the products in this connection.

 

Clause 14: Liability

The products offered comply with current French legislation. Centre Pompidou cannot be held liable for failure to comply with the legislation of the country where the product is delivered (for example if a title is prohibited). The Customer is responsible for checking with the local authorities whether it is possible to import or use the products or services they intend to order.
The photos of the products are given for illustration. The Customer should refer to the description of each product to know its precise characteristics. In case of doubt or for further information the Customer can contact the Customer Service Department. In the event of contradiction between any photo accompanying the description and the description of the product, the latter takes precedence in defining the content of the offer.

In accordance with current regulations, Centre Pompidou cannot be held liable in the event of non-fulfillment of the order attributable to the Customer, due to the unpredictable and insurmountable action of a third party or in a case of force majeure as defined in Clause 15 herebelow.

Similarly, Centre Pompidou cannot be held liable for any inconvenience or loss inherent to the use of the Internet, particularly a break in service, an exterior intrusion or the presence of computer viruses.

Clause 15: Force majeure

Neither party shall be held liable for any non-fulfillment caused by a case of force majeure.

Although not a restrictive list, the following are considered as cases of force majeure, besides those usually accepted by the jurisprudence of the French courts:

- damage to the Centre Pompidou building and/or the piazza making them inaccessible, 

-    exceptional weather conditions and natural disasters, epidemics and pandemics,

-    general strikes and personnel strikes,

-    threats of attack or attacks, acts of sabotage, threats and acts of terrorism,

-    serious political events, national mourning,

-    measures of public order and safety,

-  closure ordered by the government.

Clause 16: Protection of personal data – Right of access to file

The information and data concerning the Customer are necessary for managing their order and for the commercial relations between the parties.

The personal data collected are handled by Centre Pompidou in compliance with the legal provisions on the protection of personal data laid down in Law No. 78-17 of 6 January 1978, known as the "Data Protection Act":

• the Customer is informed that this authorised processing of information has been declared to the French Data Protection Authority (CNIL)
• the Customer is entitled at any time to access, change, correct and delete the personal data concerning them. They may exercise this right towards Centre Pompidou by sending a letter to that effect to which they must attach proof of their identity (photocopy of an identity document) and if possible their customer reference at the following address:

Union Distribution

Direction des Relations Customers

commandeshorslibrairie@union-distribution.fr

 

Postal address: 106, Rue du Petit Le Roy, 94550 Chevilly Larue

Centre Pompidou undertakes not to disclose to third parties information which the Customer communicates to it except for the companies responsible for fulfilling the services and orders for their management, fulfillment, processing and payment. It is only used for the processing of the order.

Clause 17: Cookies

Centre Pompidou uses cookies on the Site. The cookie reports the Customer's visit to the Site. Cookies are only used by Centre Pompidou to improve the personal service to the Customer. The Customer can choose to block them or delete them on their computer.

Clause 18: Entirety of General Conditions

The parties acknowledge that these general conditions of sale constitute the entire agreement between them.

Should one of the clauses of these general conditions be declared inapplicable, for any reason whatsoever, it would be deemed not written but this would not entail the nullity of these General Conditions, or affect the other provisions of the General Conditions.

Clause 19: Settlement of disputes

These general conditions of sale, as well as any order placed by the Customer, are governed by French law.
In the event of dispute, the parties will seek an amicable solution before going to court.

 

Last updated: 10 May 2012