1. SCOPE OF APPLICATION
These terms and conditions of sale (hereinafter the “Terms“) define the terms and conditions under which SETTELILLE, a French Société par Actions Simplifiée (simplified joint-stock company), with share capital of €1,000, whose registered office is at 7 rue de Lille, 75007 Paris, France, registered in the Paris Trade and Companies Register under number 892 382 557 (hereinafter “Librairie 7L“) sells books and other products (hereinafter the “Product(s)“) on the website www.librairie7l.com (hereinafter the “Website“).
The Products for sale on the Website may be purchased by customers who are natural persons (aged at least 18 and with full legal capacity) acting as consumers within the meaning of the French Consumer Code (hereinafter the “Customer“).
The Customer expressly accepts these Terms by ticking a box when confirming their order on the Website.
These Terms may be saved and/or printed and are accessible from all the pages on the Website. They may be modified at any time by Librairie 7L. Any such modifications shall come into force at the time they are put online and shall apply to any order placed thereafter. Notwithstanding the foregoing, the version of the Terms applicable to an order shall be the version accepted by the Customer when placing the order and which shall be sent to the Customer in the order confirmation email.
2. CUSTOMER ACCOUNT
2.1 Creating a Customer Account
In order to purchase a Product on the Website, the Customer must create an account on the Website (hereinafter the “Customer Account“), resulting in the creation of a personal account section.
To create a Customer Account, the Customer should fill in the mandatory information identified as such by an asterisk on the account creation form and choose a personal and confidential secret password. The Customer shall be responsible for the accuracy of the information they provide and for updating such information. Librairie 7L shall not be held liable if the information provided is incomplete or incorrect and if, as a result, Librairie 7L is unable to fill the order as expected. For optimal ordering, the Customer should immediately inform Librairie 7L of any change to this information, and confirm the accuracy of the information to Librairie 7L within fifteen (15) days of receiving a request from Librairie 7L or any of its service providers. The Customer may access and modify their information at any time in their personal account section.
The Customer agrees not to create several Customer Accounts and undertakes to close any additional Customer Account at the request of Librairie 7L.
The Customer should not disclose the login and password of their Customer Account to any third parties. The Customer is responsible for keeping their login and password confidential, for restricting access to their computer, and for all actions undertaken via their Customer Account or using their login or password. The Customer should ensure that they do not re-use the same password as the one associated with their Librairie 7L account in other applications. If the Customer discovers or has reason to believe that someone else knows their password or that it is being used or is likely to be used without their permission, the Customer should inform Librairie 7L immediately by writing to the Customer Service at: . The Customer may change their password at any time, directly via their personal account section. Librairie 7L shall not be liable for any loss or damage suffered as a result of the unlawful, fraudulent or improper use of the Customer’s login and password, and/or for any order placed by anyone not authorised by them to place an order.
2.2 Customer Account closure by the Customer
The Customer may permanently close their Customer Account at any time, as of right and without any legal formalities, by writing to Librairie 7L at:
The Customer Account will be effectively closed within a reasonable time after the Librairie 7L Customer Service receives the Customer’s request.
2.3 Customer Account closure or suspension by Librairie 7L
Should the Customer fail to comply with these Terms, Librairie 7L may suspend or terminate the order(s) in progress and suspend or close the Customer Account, at any time, as of right and without any legal formalities, after sending a formal notice by email (or by post) which has remained unanswered for a period of five (5) calendar days after receipt (or after its first presentation where applicable).
In the event of fraud or attempted fraud by the Customer, Librairie 7L may suspend or cancel the order(s) in progress and suspend or close the Customer Account, at any time, as of right and without any prior formalities.
2.4 Consequences of Customer Account closure
Any closing of the Customer Account will lead to the permanent erasure of the information provided to Librairie 7L when opening or updating the Customer Account, and of all documents and other items stored on the Website in the Customer’s personal account section. Notwithstanding the foregoing, Librairie 7L reserves the right to retain the aforementioned documents, information and other items on its servers for a reasonable period of time.
If the Customer Account is closed by the Customer, no refund, in whole or in part, of any amounts already paid for the purchase of Products will be made, without prejudice to the Customer’s right to claim damages if the Customer Account is closed as a result of a breach by Librairie 7L of its obligations under these Terms and not remedied within fifteen (15) calendar days of Librairie 7L receiving a formal notice by email (or post) notifying it of the breach in question.
If the Customer Account is closed by Librairie 7L for failure to comply with these Terms as set forth above, no refund, in whole or in part, of amounts already paid for the purchase of Products will be made. In addition, the Customer will be strictly forbidden from opening another Customer Account, with the same or a different email address or through a third party, without the prior written consent of Librairie 7L. In this case, the Customer should contact the Librairie 7L Customer Service to request the creation of a new Customer Account, but Librairie 7L shall be under no obligation to accede to the request given the circumstances in which the previous Customer Account was closed.
3. PRODUCT DESCRIPTION
The Products on sale on the Librairie 7L Website are described on the corresponding Website pages to enable the Customer to find out more about the Product in question, in particular the characteristics that the Customer is looking for, as the Customer shall be solely responsible for their choice and purchase of a Product.
4. SALE OF PRODUCTS
4.1 Product purchasing process
In order to purchase a Product on the Website, the Customer should add the Product(s) to their basket. Once the basket is complete, the Customer should identify themselves either (i) by creating a Customer Account following the procedure described in Article 2.1 if they are visiting the Website for the first time, or (ii) by logging in to their existing Customer Account using their login credentials.
The Customer will then be asked to fill in the delivery address and billing address details, followed by the payment details, before confirming their order.
Once the order has been placed, the Customer will receive a confirmation email from Librairie 7L.
4.2 Prices – Payment
4.2.1. Product prices
Product prices are displayed on each product sheet on the Website. Prices are indicated on the Website in Euros, inclusive of all taxes but excluding processing and delivery charges. The price of the book is determined in accordance with the French Lang Act No. 81-766 of 10 August 1981.
All orders are invoiced and payable in Euros only, wherever the place of delivery.
The VAT rates applicable to orders placed on the Website comply with tax regulations in force at the time the order is confirmed. The total price of the order (hereinafter the “Price“) shall include:
- The price of the Products in Euros, including VAT and taking into account any discounts and reductions;
- Delivery charges in the amount shown directly on the Website.
The prices displayed may be modified at any time and without prior notice, before confirmation of the order. The Products will thus be invoiced at the price in force at the time the order is confirmed and is recorded by Librairie 7L.
If the Product purchased is delivered outside mainland France, customs duties and/or other local taxes (local VAT, customs tax, import duty, etc.) may be payable. These customs duties and any other taxes charged in connection with the delivery of a Product will be payable in full by the Customer who shall also be entirely responsible for the declarations and payments made to the competent authorities and organisations. Librairie 7L will inform the Customer in the event that customs duties may apply to the order.
The Customer must make a single payment for the full amount of their order for Product(s), online, by bank card (Visa, Mastercard and American Express are accepted).
Librairie 7L has set up a secure payment system for all orders placed on the Website. Payments are made on an external platform via a payment service provider – ADYEN – that complies with the “PCI-DSS” security standards.
The payment will be deemed validated after confirmation of payment acceptance by the issuing organisation. If payment is denied by the bank, the order will be automatically refused and Librairie 7L will then be released from all obligations and liability to the Customer.
4.3 Product availability
If, despite all the attention paid by Librairie 7L, a Product ordered is not available, Librairie 7L will cancel the Customer’s order and inform the Customer as soon as possible.
Librairie 7L also reserves the right to refuse to fill any order that is abnormal, abusive or contrary to the provisions of these Terms. Similarly, Librairie 7L will not be held liable if the administrative and/or technical processing of an order on the Website is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the control of Librairie 7L or if there is a strong presumption of fraud, or if fraud has occurred in any form whatsoever, in particular by computer means, in which case Librairie 7L reserves the right to stop or cancel the order in progress.
In all the aforementioned cases, the Customer will be informed by email of the cancellation of their order and will be refunded for any sums they may have paid prior to the cancellation of the order by Librairie 7L.
5. PRODUCT DELIVERY AND ACCEPTANCE
5.1 Terms of delivery
Products are available for delivery in the following countries: European Union countries, USA, Great Britain.
Librairie 7L shall deliver Products to the delivery address indicated by the Customer within the lead-times stipulated below, by one of the following delivery methods chosen by the Customer when placing the order: Click & Collect, courier (Paris area, inner suburbs), La Poste (Chronopost, Colissimo).
Librairie 7L will do its utmost to dispatch the Products to the Customer as soon as possible once the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the foregoing, in all cases, the order will be delivered within a maximum of thirty (30) working days after the Customer received the order confirmation email, subject to the availability of the Products, as indicated to the Customer at the time the order was placed. In the event of late or no delivery, the Customer should contact the Customer Services as soon as possible by email at , which can be found in the “Contacts” section on the Website. In this case, the Customer may either ask Librairie 7L for a new estimated delivery date, or cancel the order and receive a full refund.
The Customer shall bear the consequences (late delivery, delivery impossible, additional delivery charges, etc.) resulting, where applicable, from the Customer providing incorrect and/or incomplete information for the delivery and/or the Customer’s absence at the time of delivery.
6. RIGHT OF WITHDRAWAL
6.1 Exercising the right of withdrawal
The Customer may cancel their order for Products within fourteen (14) calendar days of receiving the Products ordered, without being required to give any reason for their decision.
If this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
In order to exercise their right of withdrawal, the Customer should notify their decision to withdraw and return the Product(s) as follows:
- By returning the Product(s) directly (in accordance with the process described below) together with the returns/withdrawal form duly completed and signed. This form is available in the parcel with the Product(s) or can be obtained via a link in the order confirmation email.
- Or by means of any type of unequivocal statement indicating their decision to do so. This statement must be returned to the address indicated by Customer Service, together with details of the items and quantities returned, as well as the Customer’s name, postal address, order number and, if possible, telephone number and email address. The Customer can contact Customer Service by email at .
- By returning the Product(s) in question to Librairie 7L, by a carrier of their choice.
The Customer shall pay the costs and bear the risks of returning the Product(s). The Products must be returned to Librairie 7L within fourteen (14) calendar days of the Customer informing Librairie 7L of their decision to withdraw in the manner described above. Thereafter, the right of withdrawal can no longer be exercised and the amount of the Product(s) will no longer be refunded.
The Customer is therefore advised to return the Product(s) via a carrier allowing tracking and acknowledgement of receipt. It will be for the Customer to provide proof of the return of the Product(s) and of their receipt by Librairie 7L. The returned Product(s) must be properly and adequately packaged to ensure they are not damaged before they are received by Librairie 7L.
Products must be returned complete, with all the books and/or objects composing them, as new, in their original packaging and in their entirety. Should all or any part of the Products be altered as a result of handling other than the handling needed to check the nature and/or characteristics of the Products, Librairie 7L reserves the right to refuse to refund the Product(s). Librairie 7L will not refund the order if all or any part of the Products returned by the Customer do not correspond to the Product(s) ordered or if they do not come from Librairie 7L.
In order to exercise the right of withdrawal, in accordance with legal provisions, a standard withdrawal form is attached in Appendix 1. The form should be sent by email to or by post to: Librairie 7L, 7 rue de Lille, 75007, Paris, France. This postal address is also the one to be used for returning the Product(s) in the manner described above.
6.2 Refund of Product(s) ordered
In the event of a valid withdrawal in accordance with Article 6.1, Librairie 7L will refund the amounts paid by the Customer to Librairie 7L for the order (price of the Product(s) and delivery charges) by crediting the bank card or the online means of payment used to make payment. All other costs paid by the Customer, in particular the costs of returning the products, are payable by the Customer and will not be refunded.
The refund will be made within a maximum of fourteen (14) days of (i) the date on which Librairie 7L receives the returned parcel or (ii) the date on which the Customer has provided proof of dispatch of the returned parcel (whichever is earlier).
7. LIMITATION OF LIABILITY
Librairie 7L makes every effort to ensure that the information available on the Website is accurate and up to date. However, Librairie 7L makes no representation or warranty as to the accuracy, completeness or currency of such information. Librairie 7L makes no warranty, express or implied, with respect to all or any part of the Website, without prejudice to the warranties applying to the Products, as described in Article 8 below.
Librairie 7L shall not be held liable for any direct or indirect loss, whatever the cause, origin, nature or consequence, incurred as a result of consulting or using the Website. In particular, Librairie 7L declines all liability in the event of interruption or inaccessibility of the Website, the occurrence of bugs, or any loss incurred as a result of fraud by third parties (such as intrusion) on the Website.
Librairie 7L shall not be held liable for any failure to fulfil any of its obligations in connection with an order if such failure is due to a force majeure event as defined in Article 1218 of the French Civil Code, to an act or omission of the Customer, an unforeseeable and unavoidable act of a third party to the contract, or an obstacle beyond the control of Librairie 7L, which Librairie 7L could not reasonably foresee at the time the order was placed by the Customer, and the consequences of which cannot reasonably be avoided or overcome by Librairie 7L.
8. LEGAL WARRANTIES ON PRODUCTS AND SUBSCRIPTIONS
8.1 Conformity and hidden defects
Librairie 7L is bound by the legal warranty of conformity and the warranty in respect of defects in the goods sold
|Under the legal warranty of conformity, the Customer:
The legal warranty applies independently of any commercial warranty that may be given.
The Customer may decide to invoke the warranty against hidden defects in the goods sold within the meaning of Articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, may choose between a rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In the event of non-conformity or a hidden defect within the meaning of the corresponding legal warranties, the Customer should contact the Librairie 7L Website Customer Service at: . The Website’s Customer Service will then provide the Customer with the necessary information concerning the return of the Product(s) and their replacement or refund.
After receiving and examining the Product, Librairie 7L will, where applicable, replace or refund the returned Product.
(1) Article L217-4 of the French Consumer Code: “The seller must deliver goods which are in conformity with the contract and shall be liable for any non-conformity existing at the time of delivery. It shall also be liable for any non-conformity resulting from the packaging, the assembly instructions or installation if it was responsible for installation under the contract or if such installation was carried out under its responsibility.”
Article L217-5 of the Consumer Code: “The goods are in conformity with the contract:
1° If they are fit for the purposes for which goods of the same type are normally used and, where applicable:
comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
show the qualities which the consumer can reasonably expect, taking into account any public statements made by the seller, the producer or its representative, particularly in advertising or on labelling;
2° Or if they have the characteristics defined by mutual agreement by the parties or are fit for any particular purpose for which the consumer requires them and which he made known to the seller and which the seller has accepted.”
Article L217-12 of the French Consumer Code: “The time limit for actions resulting from a lack of conformity shall be two years from the delivery of the goods.”
Article L217-16 of the Consumer Code: “Where the buyer asks the seller, during the period of the commercial warranty granted to him at the time of purchase or repair of a movable item, for a repair covered by the warranty, any downtime period of at least seven days shall be added to the remaining term of the warranty.
This period shall run from the buyer’s request for repair or the provision of the item in question for repair, where the item is provided after the request for repair.”
Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648, paragraph 1, of the Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”
8.2 Exclusion of Warranty
If the Products returned by the Customer do not correspond to the Products ordered or do not come from Librairie 7L, Librairie 7L will not be bound by the obligations described in Article 8.1 above.
For all practical purposes, it is specified that the legal warranties do not cover damage or defects resulting from normal wear and tear, an external cause (accident, shock, etc.) or from any use by the Customer that does not comply with and/or is not adapted to the characteristics of the Product.
9. PERSONAL DATA AND COOKIES
Librairie 7L implements means to guarantee the security of data collected on the Website. However, Librairie 7L does not control the risks inherent in the functioning of Internet and draws the Customer’s attention to the potential risks as regards the confidentiality of data transferred via this network.
10. INTELLECTUAL PROPERTY
Librairie 7L and/or its affiliates worldwide is/are the owner(s) of the domain name “www. librairie7l.com”. The Website is a work of authorship protected by intellectual property laws. The Website as a whole and each of its constituent intellectual property elements (including, but not limited to, text, tree structures, software, databases, animation, photographs, illustrations, sounds, charts, diagrams, logos, trademarks, and designs) are the exclusive property of Librairie 7L and/or its affiliates worldwide and/or have been lawfully licensed to Librairie 7L. Librairie 7L and/or its affiliates worldwide are exclusively authorised to use the intellectual property rights in these elements.
The use of all or part of the Website, in particular by downloading, reproduction, transfer, public communication or distribution for any purposes other than the personal and private use of the user (including the Customer), whether for commercial or non-commercial purposes, is strictly prohibited. Any breach of these provisions shall render the user (including the Customer) liable for the penalties provided for by law.
Hypertext links to the Website may only be created with the prior written authorisation of Librairie 7L, which may revoke such authorisation at any time.
Websites featuring a hypertext link to the Website are not under the control of Librairie 7L and, therefore, Librairie 7L declines all responsibility (in particular editorial responsibility) in respect of accessing and the content of such websites.
Librairie 7L is free to modify the content of the Website at any time without notice.
Should any of the clauses of these Terms become null and void as a result of a change in legislation or regulations or a decision of a court, the validity of and compliance with the other clauses of the Terms shall not be affected.
12. GOVERNING LAW / DISPUTES
These Terms, and any order for Product(s) placed on the Website, are subject to French law, to the exclusion of any provisions referring to the mandatory application of a foreign law. However, the application of French law may not result in the Customer being deprived of the level of protection provided by the mandatory legal provisions of their country of habitual residence.
In the event of a complaint or dispute regarding the use or content of the Website, these Terms and/or a Product, the user (including the Customer) should contact Librairie 7L’s Customer Service at: .
If the user (including the Customer) has not been able to amicably resolve their complaint or dispute directly with Librairie 7L’s Customer Service, or if Librairie 7L has not responded within two (2) months of the user submitting their written complaint, the user (including the Customer) may refer the matter, free of charge, within one (1) year of submitting their written complaint to Librairie 7L’s Customer Service, to the relevant consumer ombudsman, namely CMAP [(Centre de Médiation et d’Arbitrage de Paris) accessible at http://www.cmap.fr/ or at the postal address: CMAP (Service Médiation de la Consommation) – 39 avenue Franklin D.Roosevelt – 75008 Paris] or to the European Commission via its online dispute resolution platform available at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, in accordance with Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution of consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online resolution of consumer disputes.
Notwithstanding the foregoing, if no amicable solution is found (including after the mediation process described above) or if the user (including the Customer) wishes to bring the claim or dispute directly before a court without following an alternative resolution process, the French courts will have territorial jurisdiction to hear any dispute arising out of in connection with the Website and these Terms, unless otherwise provided by law rendering the jurisdiction of a foreign court mandatory.
Annex 1 – Withdrawal form
Please complete and return this form only if you wish to withdraw from your order placed on librairie7L.com, subject to exclusions or restrictions on the exercise of the right of withdrawal pursuant to the applicable Terms.
To: Librairie 7L – 7 rue de Lille, 75007, Paris, France.
I hereby notify you of my withdrawal from the purchase of the Product(s) below:
Ordered on ……………………………………..
Order number: ……………………………………………………………………..
Product(s) returned: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of consumer(s): ………………………………………………………………..
Signature of consumer(s) (only if this form is sent on paper):