CGV/CGU

GENERAL SALES CONDITIONS

1. PURPOSE :

The purpose of this agreement is to stipulate the conditions of sale and delivery of the products (hereinafter referred to as “the Products”) offered for sale on the website accessible at sikit.fr (hereinafter referred to as “the Site”), by the company MkF éditions (hereinafter referred to as “MKF”), located at 1 rue Maison Dieu 75014 PARIS, a company with a capital of 1000 € registered in the PARIS Trade Register, SIREN No.: 508 136 504.

The placing of an order by the Customer on the Site implies unreserved acceptance of these General Terms and Conditions of Sale.

2. PRODUCTS AND AVAILABILITY

Offers of Products and prices are valid as long as they are visible on the Site, and under the conditions of availability provided at the time of placing the order. In case of temporary unavailability of all or part of the order of at least 30 days compared to the time announced at the time of the order, you can ask for the cancellation of your order. In the latter case, MKF will reimburse you the corresponding amount under the conditions set out in article 7.

3. ORDERS

3.1 CUSTOMER REGISTRATION

■ You are free to place orders on the Site, subject to the prior creation of a free Customer Account on the Site, and validation of the present General Terms and Conditions of Sale. At the time of the creation of your Customer Account, you commit yourself to provide exact and sincere information on your situation, as well as to proceed before each new order to a regular checking of the data which concern you, and to proceed on line on your Customer Account, if necessary, to the necessary modifications. MKF draws your attention in particular to the need to provide a valid e-mail address. You must be a legal entity, or a natural person of at least 18 years of age and have the legal capacity, or be the holder of a parental authorization, to be able to place an order on the Site. MKF reserves the right to refuse, or to invalidate a posteriori the registration of a user whose information would prove to be inaccurate. ■ The creation of a Customer Account implies that you choose an identifier (a valid e-mail address) and a confidential password, allowing you to access your Customer Account and place orders on the Site. These identification elements can be modified online from your Customer Account. They are personal, confidential and non-transferable, and you undertake not to communicate them to third parties. Any access to your Customer Account using your Personal Identification Elements is deemed to have been made by you. MKF shall not be held responsible for any fraudulent or abnormal use of your Personal Identification Elements. MKF reserves the right to temporarily suspend access to your Customer Account in the event of such use. MKF also reserves the right to use your Personal Identification Information for the sole purpose of technical maintenance of the Site. MKF guarantees in these conditions the permanent maintenance of the confidentiality of the access codes.

3.2 ORDERING PROCESS

Contractual information and order details are presented in French, and are the subject of a detailed summary before you definitively validate your Order Form. You are invited to reread the details of your order carefully, and to correct any errors it may contain before validating it. The validation click at the end of the order process for all Products and Services offered on the site formalises the confirmation of the order and implies irrevocable acceptance of the present General Sales Conditions. This validation click constitutes definitive consent to contract with MKF for the Products selected, subject to the exercise of the right of withdrawal as referred to in article 5 hereof. The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has, between them, the same value as a handwritten signature. After having validated your order on the Site, you will receive by e-mail an acknowledgement of receipt from MKF including the elements of this one, provided that the e-mail address which you will have indicated at the time of the creation of your Customer Account is valid and does not contain any error. This E-mail will constitute the acceptance by MKF of your order and will thus form the sales contract between you and MKF. It will contain all the elements of the contract between you and MKF (Products ordered, prices, etc. …) MKF reserves the right not to confirm an order for any reason whatsoever, including a problem of supply or availability of the Product, or a dispute over payment of a previous order.

3.3 PROOF OF ORDER

The computerized registers, kept in the computer systems of MKF or its subcontractors, in reasonable conditions of security will be considered as proof of communication, orders and payments between the Parties. Purchase Orders, Order Confirmations and invoices are archived on a reliable and durable medium that can be produced as proof.

4. FINANCIAL CONDITIONS

4.1 PRICING

Product prices are displayed on the site in Euros, all taxes included. They apply to all Customers located in the countries listed during the ordering process. The prices of the Products you have selected will appear on the Order Form you have filled in, inclusive of all French taxes, and will include shipping and other costs incurred in processing your order. If your delivery address is outside the European Union, including the French overseas departments and territories, the order amount will be invoiced exclusive of tax, i.e. with a reduction corresponding to the VAT rate in force in France for the products concerned. However, in this case, it is your responsibility to check that you do not have to pay taxes or customs duties in your country. MKF reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of the recording of the orders, subject to availability at this date. If one of the Products offered for sale on the Site contains a price error, the price will in all cases be checked when the confirmation e-mail referred to in article 3.2 is sent, and corrected if necessary. If the corrected price is lower than the price displayed on the Site, MKF will apply the lower price and refund the difference under the conditions set out in article 7. If the corrected price is higher than the price displayed on the Site, MKF will inform you and proceed to the cancellation of your order, unless you choose to accept the order at the new price by confirming this acceptance by e-mail addressed to the Customer Service.

4.2 PAYMENT

Orders are payable exclusively in Euros. Payment for orders is made by credit card using either the PAYPAL system or the STRIPE system: the following credit cards are accepted: Carte Bleue, Visa, MasterCard. PAYPAL and STRIPE will debit your credit card upon validation of your online payment. PAYPAL and STRIPE guarantee the security and confidentiality of your credit card details.

Your bank details are encrypted and transmitted directly to our bank via a secure connection, without passing through the MKF website.

5. WITHDRAWAL

Due to the nature of the digital Product download Service, i.e. intangible services delivered solely by download, and whose execution has begun with the Customer’s agreement before the end of the seven (7) working day withdrawal period, the Customer may not exercise his right of withdrawal concerning the purchase of these Products, in accordance with the provisions of article L.121-20-2 of the French Consumer Code.

6. WARRANTIES AND CLAIMS

MKF will reimburse you or exchange the Products that do not correspond to the characteristics specified in your Order Form, that have been altered or that present an apparent defect. You are requested in this case to notify MKF of any reservations on the delivered Product (for example: Product(s) not corresponding to the order…) within five (5) working days following receipt. Any claim made outside this period will not be accepted, except under the warranty against hidden defects, the claim must in this case be made as soon as possible after the discovery of the defect by the Customer. MKF undertakes to refund the Customer, or to exchange the Products altered, missing, or not corresponding to the Customer’s order. MKF thanks you in this case to kindly report the non-conformity or apparent defects of the Product(s), in a detailed manner, by e-mail addressed to the Returns Department contact@mkfeditions.com within a maximum of five days following the delivery of the Product(s) concerned. MKF will then send you a letter confirming its acceptance of the return of the Product(s). Any return accepted by MKF, in the case of an apparent defect or non-conformity of the delivered Products, which will be noted by MKF, will enable you to obtain the free replacement or the refunding of the aforementioned Product(s), in accordance with the provisions of article 7 of the present General Conditions of Sale, to the exclusion of any other compensation and interests.

7. REFUND

Refunds of Products in the cases mentioned under articles 2, 4.1, 5 and 6 will be made within a period less than or equal to 15 days after receipt of Products by MKF. The refund will be made at the choice of MKF by crediting the Customer’s bank account, or by check sent in the name of the Customer who placed the order, and to the billing address.

8. LIABILITY

8.1 MKF’S LIABILITY

■ Each of the descriptive sheets of the products for sale on the mkfeditions.com Site provides a detailed description of the Product concerned. This information is based exclusively on data supplied by the publishers. The photographs and graphics reproduced and illustrating the Products presented are given for information purposes only, and therefore have no contractual value. For any question about the Products, the Customer is invited to contact MKF customer service. MKF endeavors to offer to the Users of the Site the most reliable and qualitative information concerning the products on sale on the Site, but does not guarantee the exhaustiveness of this information. MKF cannot therefore be held liable for any direct or indirect damage suffered by users, customers or third parties that may be attributable to this information. ■ The products offered comply with current EU legislation and standards applicable in France. MKF cannot be held responsible for any failure to comply with the legislation of the country where the product is delivered. ■ MKF shall not be held liable for non-performance of the contract in the event of force majeure or an act of God, total or partial disruption or strike, in particular of postal services and means of transport and/or communications, due to the other party or a third party or external causes such as industrial disputes, disruption or total or partial strike of postal services and means of transport and/or communications, intervention by civil or military authorities, natural disasters, fire, water damage, malfunction or interruption of the telecommunications network or electricity grid. Similarly, once the order has been handed over to the carrier with a tracking number, MKF cannot be held responsible for the good or bad delivery of the goods. It is the customer’s responsibility to contact the carrier in question.

8.2 CUSTOMER LIABILITY

You are solely responsible for the choice of Products and their use.

9. DOWNLOADING DIGITAL PRODUCTS

MKF proposes on the Site the downloading of digital books. The sale of these digital Products is subject to the present General Terms and Conditions of Sale, as well as to the following Special Terms and Conditions:

9.1 DOWNLOAD PROCEDURE

The Site offers the possibility of downloading Products in digital form, in the format(s) indicated for each Product. Digital Products will be delivered by download to the hard disk of the Customer’s computer, in the format(s) indicated for each Product. The Customer must have a compatible computer, on which software must be installed to read or print the documents. In case of impossibility to download the Products from the Site, the Customer will have to inform MKF of this delivery difficulty by e-mail. MKF will have the possibility to provide the Products by e-mail as an attachment. Delivery will be deemed to have been made by either of the above methods. The delivery time depends on the type of payment selected by the Customer, the delivery will only take place upon receipt and collection of the payment by MKF. If for any reason the Customer is unable to download the Product, or is unable to open, read or print the file corresponding to the Product, the Customer may contact Customer Service at the address and phone number listed in article 10 hereof.

9.3 INTELLECTUAL PROPERTY

The Products downloaded by the Customer are digital files protected by national and international copyright and related rights provisions. MKF hereby grants the Customer a personal and non-transferable right to use the Products, strictly limited to viewing and printing the Products for the Customer’s exclusive use. Under these conditions, the Customer undertakes not to reproduce, summarize, modify, alter or redistribute the Products, without the publisher’s express prior authorization, which excludes all operations of transfer, resale, rental, exchange, and making available to third parties by any means.

10. CUSTOMER SERVICE

For any information or questions, please contact Customer Service at the following address: MKF éditions 1, rue Maison Dieu 75014 PARIS France
E-mail: contact@mkfeditions.com

11. PERSONAL DATA

11.1

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to access, modify, rectify and delete any personal data collected via the mkfeditions.com website. To exercise this right, simply send a letter to the address given in article 10, for the attention of Customer Services. Any request for deletion of your data implies the closure of your Customer Account. Your personal data, collected via the various online forms on the Site, and any future information, are used by MKF solely for the purposes of implementing the services offered on the Site, and are not communicated to third parties other than the technical service providers in charge of managing the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they are required to intervene.

11.2 COOKIES

In order to allow the use of the Site, and to allow MKF to propose personalized services and to improve the performance of the contents of the site, you are informed that one or more cookies will be placed on your hard disk. You may refuse to accept cookies by following the procedure indicated on your Internet browser. However, in this case, use of the site may be impaired or even impossible.

12. MISCELLANEOUS

12.1

The present terms and conditions, as well as those included in the order confirmation e-mail referred to in article 3.2, express the entirety of your obligations as well as those of MKF. MKF reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in force on the Site at the date your order is placed. You are therefore advised to refer regularly to the latest version of the General Terms and Conditions of Sale, which are permanently available on the “GTC/GTC” link on the Site.

12.2

In the event that any provision of these Terms is held to be invalid by virtue of any present or future legal or regulatory provision, or by virtue of a res judicata decision of a court or competent body, such provision of the contract shall be deemed to be unwritten, and all other provisions of these Terms shall remain in full force and effect between the Parties.

12.3

The fact that either party does not avail itself at a given time of any of the provisions of the present terms and conditions may never be considered as a waiver of its rights under the present terms and conditions.

13. APPLICABLE LAW – DISPUTES :

These General Terms and Conditions of Sale are governed by French law, and only the French language version shall be deemed authentic for the purposes of their interpretation. Any dispute arising from the performance or interpretation of the provisions of the present contract shall oblige the parties to meet and attempt to find an amicable solution to their dispute, before bringing the matter before the competent court. In the event of failure to reach an amicable solution, the French courts shall have sole jurisdiction.

*******

TERMS AND CONDITIONS OF USE

In any you may not reproduce or use reproduce or use the information published on the site for commercial purposes.

MKF may modify at any time the present general conditions of use of the sikit.fr website in accordance with the evolution of the services offered.

INTELLECTUAL PROPERTY RIGHTS

MKF asks users of its services to respect intellectual property rights.

Therefore, if you consider that your trademark or your work has been copied or is being used in a way that may infringe your rights as recognized by French law on the sikit.fr website, please inform MKF by post or by e-mail :

MKF éditions
1, rue Maison Dieu – 75014 Paris
contact@mkfeditions.com

USE OF CONTENT APPEARING ON THE SITE AND BLOGS:

You may use all the information published on the sikit.fr website for information purposes only.

You may use the covers and logos featured on the site without modification.

All trademarks are the property of their respective owners and are protected by trademark law. The content of sponsored advertisements is also protected by intellectual property law. These elements may not be used, reproduced, modified, distributed or borrowed to create derivative works without the authorization of their respective owners.

RESPONSIBILITIES :

MKF is responsible for the editorial content of the sikit.fr website.

MKF is not responsible for the hosting of the blogs, nor for the information communicated through the blogs.

The authors of blogs and comments retain full responsibility and ownership.

Hypertext links may lead to sites other than the sikit.fr site. MKF declines all responsibility in the event that the content of these sites is contrary to the regulations in force.

PROTECTING YOUR PERSONAL DATA

Personal data is processed in compliance with the French Data Protection Act of January 6, 1978.

For more information, please refer to our privacy policy.

APPLICABLE LAW :

These terms of use are governed by French law and are written in the French language. In the event of a dispute, the French courts shall have exclusive jurisdiction.