Article 1: Scope
These general terms and conditions of sale and use apply to all online sales concluded between the Customer and Les Éditions Bourgès R., as well as to contributions made by the Customer on the website www.ebr.fr. Any order placed on the website www.ebr.fr implies the Customer’s unreserved acceptance of these terms and conditions. These general terms and conditions may be modified at any time and without notice by Éditions Bourgès R., the applicable terms being those in force on the date of the Customer’s order.
Article 2: Orders
The Customer may place orders 24 hours a day, 7 days a week, all year round. The descriptions and general technical constraints as written on the sales page on the date of the order form an integral part of these terms and conditions and are deemed to be known and accepted by the Customer when ordering on the Site. All orders paid online will be confirmed by e-mail to the address provided by the Customer. An order will only be validated once payment has been accepted.
Article 3: Prices
Prices are quoted in euros inclusive of all taxes, excluding the contribution to handling and shipping costs (see Article 4, Shipping costs). Prices may be changed at any time without notice and are payable in full and in a single payment when ordering. Products remain the property of Éditions Bourgès R. until the price has been paid in full. Prices shown in foreign currencies may vary according to the exchange rate.
Article 4: Shipping costs
Orders placed on the website www.ebr.fr incur shipping costs detailed in the rate schedule available on the site under the Delivery Method. These rates take into account the delivery country and the shipping method chosen. Customs duties or other local taxes, import duties, or state taxes may be payable depending on the geographical area chosen by the Customer. These duties and amounts are not the responsibility of Éditions Bourgès R. They remain payable by the Customer and are entirely the Customer's responsibility, both in terms of declarations and payments to the relevant authorities and bodies of the country.
Article 5: Payment
Payment is due immediately upon ordering. Éditions Bourgès R. reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorisation by credit card or via PayPal by the officially accredited bodies, or in the event of non-payment. The data recorded by www.ebr.fr constitutes proof of all transactions between Éditions Bourgès R. and the Customer.
- For online payments: the data recorded by the MERCANET BNP PARIBAS payment system constitutes proof of financial transactions.
The information provided by the Customer when placing the order is binding on the Customer. The site www.ebr.fr uses the SSL (Secure Socket Layers) encryption security system. All banking information is protected and encrypted before being transmitted to our BNP Paribas processing centre.
- For PayPal payments: the Customer must have a PayPal account to pay for their order using this payment method.
- For payments by cheque, administrative order or other means:
- By telephone on (+33) 06.20.81.72.86, Monday to Friday from 9:00 am to 5:00 pm, paid by bank card (CB, Visa, Mastercard).
- By post to:
Éditions Bourgès R.
20, rue des Paradoux
31000 Toulouse
France
Cheque made out in euros to Éditions Bourgès R, accompanied by the order form printed online or on plain paper.
Article 6: Availability
Éditions Bourgès R. may accept orders subject to available stock. In the event of unavailability, Éditions Bourgès R. will inform the customer as soon as possible and refund any sums already paid. Permanent or temporary unavailability shall in no case engage the liability of Éditions Bourgès R., nor shall it give rise to any right to compensation or damages in favour of the Customer
Article 7: Delivery
Products are sent to the delivery address indicated by the Customer during the ordering process. The average delivery time is 2 to 10 days from payment. However, this is not a binding deadline and Éditions Bourgès R. cannot be held liable in the event of late delivery.
In the event of an error in the recipient’s details for the order, Éditions Bourgès R. cannot be held responsible for being unable to deliver the items. Éditions Bourgès R. undertakes to keep the Customer informed of the progress of their order.
Article 8: Right of withdrawal and refunds
Éditions Bourgès R. undertakes to supply quality products and further undertakes to refund or exchange defective items as quickly as possible, provided they are returned within 15 days, as evidenced by the postmark, in their original packaging.
In accordance with the provisions of Article L 121-16 of the French Consumer Code, the customer has 14 days from the date of delivery to return the item to us at their own expense, together with the order number, for an exchange or refund; items must be returned in their original packaging and in perfect condition. No cash-on-delivery returns will be accepted, whatever the reason.
Orders must be returned to the following address:
Éditions Bourgès R.
20, rue des Paradoux
31000 Toulouse
France
Article 9: Digital sheet music
The purchase of a music score is for strictly personal and private use. Any graphic reproduction of music is protected by intellectual property law; distribution without the publisher’s authorisation is therefore considered counterfeiting and constitutes an offence. It is therefore forbidden to copy, photocopy or digitally transfer the scores, in any format, for commercial purposes or for any other purpose. Digital scores can be downloaded from the Customer’s Account under the Order History section. Given the nature of the purchase, which makes it a non-returnable and reproducible product, Éditions Bourgès R. cannot issue any refund, except in exceptional cases (technical problems).
Article 10: Liability
Éditions Bourgès R. cannot be held liable if the non-performance or delay in performance of any of its obligations results from a case of force majeure within the meaning of Article 1148 of the French Civil Code.
The products offered comply with current French legislation. Éditions Bourgès R. declines all responsibility if the item delivered does not comply with the legislation of the country of delivery.
Information relating to the products offered on www.ebr.fr (descriptions, content, images, etc.) is provided for guidance only (non-contractual). Any errors that may have crept in would be accidental and would be corrected as soon as possible after being reported. Éditions Bourgès R. cannot be held liable in such cases.
The Customer is responsible for the use of the product and its content delivered to them. The purchase of a music score is limited to strictly personal and private use. Any graphic reproduction of music is protected by intellectual property law; distribution without the publisher’s authorisation is therefore considered counterfeiting and constitutes an offence. The Customer bears all risk in the event of loss, theft or destruction of the Product. The Customer agrees that Éditions Bourgès R. cannot be held liable for any loss of profit, commercial disruption, any fraudulent use, or any requests or claims made against the Customer by any third party whatsoever. In general, Éditions Bourgès R. cannot be held liable for any financial and/or commercial and/or moral damage of any kind, for any reason whatsoever, following the use of a product.
As all banking information is transmitted only to the online payment sites (PayPal and MERCANET BNP PARIBAS), Éditions Bourgès R., having no knowledge of it, cannot be held responsible for any interception of this information or any fraudulent use.
Article 11: Intellectual property
Under no circumstances is the Customer authorised to download or modify all or part of the Site www.ebr.fr, and in particular its content (listed products, descriptions, images, videos, etc.). This Site or any part of this Site may under no circumstances be reproduced, copied, sold or exploited for commercial purposes without the express written authorisation of Éditions Bourgès R. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site remain the full and entire property of Éditions Bourgès R.
The Customer is therefore bound to respect intellectual property rights and may in no way use the trademarks appearing on the Site and on the Products, where applicable, or register a trademark that would be prejudicial to the rights holder, unless otherwise contractually agreed. The same applies to any other intellectual property right.
The Éditions Bourgès R. trademark is registered under no. 5090036 with the INPI register.
Article 12: Personal data
Concerned with protecting privacy, Éditions Bourgès R. treats all information concerning the Customer with the strictest confidentiality. Data entered online is recorded on a secure server: none of this data will be transmitted or used for any purpose.
In order to ensure the proper functioning of the website, to measure its audience, and to offer a personalised and optimal experience, the website uses cookies which the Customer may or may not accept depending on their type. Cookies record certain information which is stored in the hard disk memory. Under no circumstances do cookies contain confidential information.
Article 13: Right of access and rectification
In accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, most data can be modified directly by the Customer from their customer area on the site www.ebr.fr. The customer may at any time, via the contact form available on the site or by post, exercise their right of access to and rectification of data concerning them.
Article 14: Text and data mining policy
Éditions Bourgès R. objects to all harvesting and text and data mining operations within the meaning of Article L. 122-5-3 of the French Intellectual Property Code.
Article 15: Applicable law
All clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be governed by French law; the competent courts shall be those of Toulouse, the courts of the registered office of Éditions Bourgès R.