This English document is a translation of the French document. In the event of a translation error, the French document will prevail.
Last update: 13 June 2024.
GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to define and specify the terms and conditions of sale of the products available for purchase on the present website https://jameshornerbiographybook.com (hereinafter the “Site”).
These GTC apply to all persons making a purchase on the Site (hereinafter referred to as the “Buyer” or “Buyerss”) who, by the mere fact of validating their order, accept them fully and irrevocably.
Jean-Baptiste Martin, sole trader, registered under SIRET number 981 539 083 00015, whose registered office is located at 9 Rue du Clos des Gardins, 50460 La Hague, France (hereinafter the “Vendor”) reserves the right to modify these GTC at any time and at its sole discretion, without prior notice and without the Buyers being able to make any claim in this respect.
Any modifications made to the GTC will be binding on the Purchasers from the time they are posted online, which the Buyers expressly accept without reservation. In this respect, the Vendor invites Buyers to refer regularly to the latest version of the GTC, which are permanently accessible on the Site.They can be accessed at any time at https://jameshornerbiographybook.com/general-terms-and-conditions-of-sale/ and will prevail, where applicable, over any other version or any other contradictory document.
ARTICLE I: Purpose
The purpose of these general terms and conditions of sale is to exclusively define the rights and obligations of the parties in the context of the online sale via the Site of the products offered by the Vendor, namely the four volumes of “James Horner: The Emotionalist”, James Horner’s biography.
The Product is described as follows: One volume of James Horner’s exhaustive biography.
The 4 volumes together, or 4 products, cover the entire career of composer James Horner, famous for his film scores. Each volume, richly illustrated and commented, is dedicated to a decade of his career. Each tome is bound with a square spine and stitching, the cover is hardback and the pages measure 26 cm long and 19 cm wide.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of sale of the Product between the Vendor and the Purchaser, from order to payment and delivery. They regulate all the steps involved in placing an order, and ensure the follow-up of the order between the contracting parties, as well as the management of any complaints.
ARTICLE II: Prices and sales periods
The sale of the Product on the Site is subject to two distinct periods:
1. Pre-order
Pre-orders for Volume 1 will be available from midnight/12 :00 AM (Paris time) on June 15, 2024 to 11:59 PM (Paris time) on July 14, 2024, a period of 30 days.
Preferential rate: During this period, Volume 1 will be available at the reduced rate of 99 euros/109,99 dollars/84,99 pounds sterling, excluding shipping.
2. Normal sale
Start of normal sales: Following the pre-order period, normal sales of Volume 1 will begin at midnight/12 :00 AM (Paris time) on July 15, 2024.
Standard price: Volume 1 will be priced at 129 euros/139 US dollars/109 pounds sterling, excluding shipping.
Price changes: The Vendor reserves the right to change prices, but orders placed prior to such changes will be honored under the previous conditions.
ARTICLE III : Ordering
1. Order process
The ordering process on the Site consists of the following steps:
- Selection of products by the Buyer and addition to the cart.
- Check cart contents, modify quantities or remove products.
- Entry of delivery and invoicing information by the Buyer.
- Choice of payment method and acceptance of the General Terms and Conditions of Sale (GTC).
- Final validation of the order after verification of the information entered.
2. Order confirmation
Each order placed by the Buyer will be confirmed by an email sent to the email address provided at the time of registration or order. This email acts as a sales contract and details the products ordered and the total price (including taxes and delivery charges if applicable), as well as the order number, which may be used for any subsequent communication with the Seller. A commercial invoice and these General Terms and Conditions are attached to this e-mail.
3. Order changes
Once the order has been confirmed and before it is dispatched, the Buyer may contact the Seller to indicate a change of delivery or billing address. However, it is not possible to change the content or the method of payment used. Once the product has been dispatched, no further changes are possible.
ARTICLE IV: Terms of payment and invoicing
1. Payment
Payment for orders is made online by credit card. The Buyer guarantees that he/she is fully authorized to use the chosen means of payment and that he/she has the necessary funds to cover all costs resulting from his/her order on the Site.
Payment must be made in full at the time of the preferential rate pre-order, or of the order during normal sales.
2. Billing
After validation of the order and receipt of payment, a detailed invoice is automatically generated and sent to the e-mail address provided by the Buyer when entering the order information. This invoice includes details of the products purchased, unit prices, the total amount paid and VAT information if applicable. The present General Terms and Conditions of Sale are attached to this invoice.
It is the Buyer’s responsibility to ensure that the billing information provided is correct and complete. The Vendor is not responsible for any input errors, nor for any consequences in terms of late or incorrect delivery.
3. Transaction security
All payment transactions carried out on the Site are secured by an SSL encryption system to protect personal data and the means of payment used.
The secure payment service is provided by a payment service provider over which the Vendor has no control or responsibility. As such, the Buyer’s bank details are processed exclusively by the payment service provider and in no way by the Seller, in accordance with the Site’s Privacy Policy.
ARTICLE V: Product availability
Products purchased during the pre-order period will be printed according to the number of orders received.
During normal sales, orders will be processed on a first-come, first-served basis, subject to availability of limited and remaining stocks following printing.
ARTICLE VI: Delivery
1. Delivery period
Delivery of products ordered on the Site is subject to two distinct purchase periods:
Pre-orders: Products purchased as pre-orders are shipped early September 2024, depending on the speed of printing. The exact delivery date may vary depending on the printer’s production and lead times. Purchasers will be informed by e-mail of the expected shipment date as soon as it has been clearly established.
Normal sale: For purchases made during the normal sale period, i.e. from midnight (Paris time) July 15 onwards, products will be dispatched after pre-orders have been sent, i.e. during September 2024. Then, after this period, each new order will be shipped within a maximum of one week from the order date. Customers will receive confirmation of shipment as soon as the product has been dispatched.
2. Terms of delivery
Deliveries are made by UPS from France. Packages can be tracked online thanks to a tracking number that will be provided to the customer as soon as the product is dispatched. Products are carefully packaged to prevent damage during transit.
3. Delivery charges
Delivery costs are calculated according to the weight of the order, the dimensions of the parcel (its volumetric weight) and the address given by the Buyer. These costs will be clearly indicated before the order is finalized.
ARTICLE VII: Order cancellation
Before the Product is shipped, the Buyer may contact the Vendor to request its cancellation.
After receipt of the Product, the Buyer may exercise his/her right of withdrawal.
1. Right of withdrawal
In accordance with current French legislation on distance selling, customers have the right to withdraw from their purchase without giving any reason within 14 calendar days from the date on which the Buyer, or a third party designated by the Buyer, takes physical possession of the goods delivered.
2. How to exercise the right of withdrawal
To exercise the right of withdrawal, the Buyer must notify the Vendor of his decision to withdraw from this contract by a clear statement by e-mail within this first 14-day period.
The Buyer must send the following information to the Vendor at the following e-mail address:
jb******@ja**********************.com
“I hereby notify you of my withdrawal from the contract for the sale of the following item:
Order number :
Ordered on (*) / received on (*) :
Last name and first name of Buyer :
Buyer’s postal address :
Buyer’s e-mail address: “
3. Return of goods
In order to obtain reimbursement, the Buyer must return the goods to the Vendor in their original condition, complete and in good condition, without undue delay and, in any event, no later than 14 days after having informed the Vendor of his/her decision to withdraw from the contract. This period is respected if the Buyer returns the goods before the 14-day period has expired. The cost of returning the goods is borne by the Buyer.
Only the price of the product(s) returned and the delivery costs of the initial shipment will be reimbursed by the Vendor.
Returns should be sent to the following postal address:
JEAN-BAPTISTE MARTIN
9 rue du clos des gardins – Urville Nacqueville
50460 LA HAGUE
FRANCE
4. Refund
Refunds will be processed only after receipt and inspection of the returned product, and verification that all return conditions have been met.
The Vendor will make the refund, within 14 days of receipt of the returned Product, using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly requests the refund by another means of payment.
ARTICLE VIII: Conformity and Warranty
1. Legal warranties
All products sold on the Site benefit from the legal guarantee of conformity (French Law No. 2014-344 of March 17, 2014), which covers defects in conformity existing at the time of delivery of the products, as well as the guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code), allowing the Buyer to return the Product(s) delivered defective or non-compliant.
2. Procedure in the event of a non-conforming or defective product
If the delivered Product is non-compliant or presents defects, such as printing defects (missing pages, ink problems) or significant damage caused during transport, the Buyer is invited to immediately contact the Vendor by email at
jb******@ja**********************.com
To facilitate the processing of the claim, the Buyer must provide proof of defects or damage in the form of clear photos showing the problems encountered. These photos should be sent by email when the initial contact is made, with the following information:
Order number :
Ordered on (*) / received on (*) :
Name and surname of Buyer :
Buyer’s postal address :
Buyer’s e-mail address :
Upon receipt of such evidence and after evaluation of the non-conformity or defects, the Vendor will offer the Buyer one of the following options, depending on product availability:
- Dispatch of a replacement product at the Vendor’s expense without the need for the Buyer to return the defective product.
- A partial or full refund of the price of the defective product if no replacement is possible.
ARTICLE IX: Customer service
For any questions, inquiries or assistance, the Vendor is exclusively available by e-mail. The Buyer may contact him at the following address for any question relating to his order, his products, or for any other concern:
jb******@ja**********************.com
The Vendor undertakes to reply to all requests within a maximum of 72 hours.
The Vendor processes e-mails during the evening hours in France, which are from 6 p.m. to midnight (Paris time), Monday to Sunday.
ARTICLE X: Intellectual property
1. Copyright
All content published in the Product(s) sold on the Site, including, without limitation, text, graphics, logos, images, audio and video clips, is the property of the Vendor or is used with the permission of the rights holders. This content is protected by copyright, trademark and other intellectual property laws.
2. Reproduction prohibited
It is strictly forbidden to reproduce, modify, distribute, transmit, republish, display or publicly perform any content of these books without the express prior written permission of the Vendor. This includes, but is not limited to, any form of copying or reproduction of images or text for commercial purposes or redistribution on the internet or other media.
3. Personal and non-commercial use
The purchase of a Product grants you the right to use it solely for personal, non-commercial purposes. Photography of the pages for distribution on the Internet or other platforms constitutes an infringement of the Vendor’s intellectual property rights.
4. Measures in the event of violation
In the event of proven infringement of intellectual property rights, the Vendor reserves the right to take any legal action necessary to protect such rights. This may include, but is not limited to, legal action for cessation of unlawful use and for damages. The seller shall then request the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Caen (France).
ARTICLE XI: Force Majeure
1. Definition of force majeure
Force majeure refers to any event or circumstance beyond the reasonable control of the parties, which substantially prevents or delays the performance of their contractual obligations. Such events may include, but are not limited to, natural disasters (such as floods, earthquakes, hurricanes), wars, strikes, riots, acts of terrorism, embargoes, government actions, epidemics, or pandemics.
2. Consequences for the parties’ obligations
When an event of force majeure occurs, the obligations of the parties under the contract are suspended for the duration of the event, without liability for non-performance. The parties undertake to inform the other party of the occurrence of such an event and to do their utmost to minimize the impact of such non-performance.
3. Notification and proof
The party affected by the force majeure event must notify the other party as soon as possible, providing sufficient details of the event and its potential impact on its obligations.
4. Duration of suspension
Contractual obligations will be suspended only for the duration of the impact of the force majeure event.
Resumption of obligations : Once the force majeure event has ceased, the parties must resume performance of their contractual obligations as quickly as possible.
5. Limitation
If the force majeure event persists beyond a period of 6 months, the parties will have the right to terminate the contract without penalty after providing written notice.