Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
INTRODUCTION
‘Bayard’ means Bayard, a French Société Anonyme (limited company) with an Executive Board and a Supervisory Board, with a share capital of €16,500,000, whose offices are at 18 Rue Barbès, 92120 Montrouge, France, and which is registered in the Nanterre B Trade and Companies Register under number 542 042 486; publisher of the La Croix French daily newspaper and the La Croix International website;
‘My Account’ means your personal space from which You can manage your personal details and your subscription;
‘Order’ means the subscription for the Service purchased by You on the Website in accordance with these General Terms and Conditions of Sale;
‘Order Confirmation’ means the documents (Website page and e-mail) containing a summary of the Order details and the full contact details provided by You;
‘Service’ means your annual subscription for the Website;
‘Website’ means the La Croix International website, a global Catholic information website hosted at the following address: https://international.la-croix.com, which is available to all Internet users; and
‘You’ means the natural person who browses the Website and who might purchase a subscription.
These General Terms and Conditions of Sale govern all transactions performed on the Website between Bayard and You, which both parties unreservedly accept. Subscriptions for La Croix International are strictly personal. These General Terms and Conditions of Sale shall prevail over all other terms and conditions contained in any document. You represent that You fully and unreservedly accept these General Terms and Conditions of Sale.
Lastly, You declare that You are at least 18 years of age and that You have legal capacity or parental consent permitting You to place an Order on the Website.
1 – PURPOSE
These General Terms and Conditions of Sale may be varied and You are advised to check and print them at regular intervals. If they are varied, your Order will be governed by those posted online and which You accept on the date your Order is placed.
2 – PRICE
Bayard offers an international Catholic information service through a 12-month subscription or a monthly subscription subject to automatic renewal.
An annual subscription for the Service is the subject of a launch offer of USD 39.95 until 31 December 2018.
Thereafter, subscriptions for the Service will be available for USD 49.95 per year.
Any change to the applicable rate of VAT may be charged accordingly.
The price of an Order is the price indicated on the page summarising the content of your basket before your Order is confirmed, and will be confirmed in the Order Confirmation e-mail.
3 – ORDERS
3.1 Checking your Order prior to payment
At any time before making a payment, You can obtain a summary of your purchase by returning to the ‘My Account’ page using the arrows of your browser. You can then finalise your selection and place an order by clicking on ‘Payer Maintenant’ (Pay Now).
You must provide your personal details by accurately completing the relevant form.
You are hereby informed and accept the fact that any login details entered on the Website will constitute proof of your identity.
Once You have logged in, an Order Confirmation will appear on screen, summarising the following:
- Our identity and contact details;
- The key terms of your subscription;
- The applicable price (including VAT) and payment terms;
- The contact details of our Customer Service Department;
- The procedure for terminating the contract, resolving disputes and any other contractual requirements;
- Information on our after-sales service;
- Your express agreement for the Service to be provided before the end of the cooling-off period and refunds – in case of cancellation – for the service provided until You cancel your subscription;
- Bayard’s contact details (telephone number and e-mail address) and applicable call charges; and
- The option, in the event of a dispute, to submit a claim to our Customer Service Department or for customers living in the European Union to receive a free mediation service.
However, if the remote communication technique used imposes limits on space or time (such as the use of a smartphone for example), only the following information will appear on screen:
- Our identity and contact details;
- The key terms of your subscription;
- The applicable price (including VAT) and payment terms;
- The contact details of our Customer Service Department;
- The procedure for terminating the contract, resolving disputes and any other contractual requirements;
- Information on our after-sales service;
- Your express agreement for the Service to be provided before the end of the cooling-off period and refunds – in case of cancellation – for the service provided until You cancel your subscription;
- Bayard’s contact details (telephone number and e-mail address) and applicable call charges; and
- The option, in the event of a dispute, to submit a claim to our Customer Service Department or for customers living in the European Union to receive a free mediation service.
All other information will be provided in the Order Confirmation.
3.2 Placing your order
In accordance with Article L221-14 of the French Consumer Code, You will be asked to acknowledge the fact that by placing an Order, You must pay for the Order.
To place an Order, You must have an e-mail address.
Otherwise, You will not be able to place an Order.
You will be asked to expressly agree to the Service commencing before the end of the cooling-off period and to acknowledge that You are aware of the fact that, if your exercise your right to cancel, You will be refunded for the sum paid less the amount corresponding to the service provided until You cancel your subscription.
Once an Order has been confirmed, it will be registered and may not be cancelled.
All contractual information is provided in English and will be set out in an order confirmation e-mail containing all of the above contractual information and confirming, where applicable, your express agreement for the Service to be provided before the end of the cooling-off period and your agreement not to exercise the right to cancel.
3.3 Confirmation and proof of your Order
Once an Order has been accepted, Bayard will send You an Order Confirmation by e-mail.
The electronic records stored on our computer systems under reasonable security conditions will be deemed to constitute proof of an Order and of the relevant payment. Order Confirmations and invoices are stored on a reliable and durable medium.
4 – PAYMENT
Payment must be made by PayPal’s Braintree service or by PayPal: Bayard uses the PayPal secure payment services, which include the SSL standard security technology, in order to protect all personal details and data linked to payment methods.
5 – DELIVERY
Information on the status of your subscription is available in the ‘My Account’ section. Accessible content will be available immediately once an Order has been placed on the Website, providing that You have expressly agreed for the service to be provided to You.
6 – SATISFIED OR YOUR MONEY BACK – RIGHT TO CANCEL
In accordance with applicable legislation, you have a period of fourteen (14) clear days in which to exercise your right to cancel without being required to give a reason or pay a penalty. However, this option shall not apply during the period of validity of the launch offer of USD 39.95 per year.
In all other cases, You must pay for the service provided until You exercise your right to cancel.
The applicable time limit shall begin to run upon your acceptance of the Service subscription offer.
In order to exercise your right to cancel, You must send a clear message confirming your wish to exercise your right to cancel to the following address: [email protected]. If you do, Bayard will then promptly send you an e-mail acknowledging receipt of your cancellation.
You will then receive a refund for the price of the Service, less an amount corresponding to the Service already provided before You decided to cancel.
Bayard will issue a refund using the method of payment which You used for the initial transaction. We will request your permission should we wish to use any other method of payment, on the understanding that You will not incur any charges in connection with the refund.
7 – CUSTOMER SERVICES DEPARTMENT – COMPLAINTS – MEDIATION
7.1 Contacting our Customer Services Department
Our Customer Services Department can be contacted by e-mail at the following address:
7.2 Free mediation service in the event of a dispute with our Customer Services Department
If You live in the European Union and if your complaint is rejected following a written request and exchanges with our Customer Services Department, You may opt to use a mediation service free of charge.
You may use this service for any dispute concerning the validity, interpretation, performance, non-performance or suspension of a subscription.
The contact details of this mediation service are:
Centre de Médiation et d’Arbitrage de Paris or ‘CMAP’
39 Avenue F. D. Roosevelt
75008
Paris
e-mail: [email protected]
Both the Customer and Bayard are free to agree or refuse to use this amicable mediation service.
7.3 Online resolution of disputes reserved for European customers
The European Union provides a platform for European consumers that can be used by consumers in the EU to submit complaints concerning an online purchase:
If You have an issue with an online purchase, You can use this website to try and settle the matter out of court. This service is only available to consumers living in the European Union.
You can use this service to file a complaint concerning goods or services which You have purchased online and find a neutral third party (a ‘dispute resolution body’).
8 – LIABILITY
The information Service proposed on the Website complies with applicable French legislation. Bayard will not be liable for any infringement of the legislation in force in the country where the service is broadcast.
The Website is available 24 hours a day 7 days a week, unless it has to be shut down for maintenance or repairs or in the event of force majeure or any event beyond our control. Force majeure is defined by the case law of the French courts as any unforeseeable, unavoidable event entirely beyond the parties’ control, including (without limitation) a regulation (in the broadest sense) imposed by a State or supranational authority, war or a state of emergency, a fire or a strike by a service provider.
Bayard will not be liable for any non-performance of the contract due to force majeure, a disruption or a full or partial strike affecting methods of communication or telecommunication. In any event, Bayard’s liability shall be limited to the amount of your Order.
Bayard will not be liable for any indirect damage or loss, including a business loss or loss of profit.
Hypertext links appearing on the Website may direct users to other websites. Bayard accepts no liability for any content of such websites that infringes the laws and regulations in force.