Terms and Conditions of Sale
Applicable as of March 1, 2023.
Clause No. 1: Object and Scope
These general terms and conditions of sale (CGV) form the basis of the commercial negotiation and are systematically provided or delivered to each buyer to enable them to place an order.
The following general terms and conditions of sale detail the rights and obligations of the company Story Me Company and its customer in the context of the sale of the following goods: e-books, flip books, paper books, music.
Any acceptance of the quote/purchase order includes the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale," implying the buyer's unconditional adherence to these general terms and conditions of sale.
Clause No. 2: Price
The prices of the goods sold are those in effect on the day of the order. They are quoted in several currencies (euros, New Zealand dollar, Australian dollar, US dollar, Canadian dollar) calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate and shipping costs on the day of the order.
Story Me Company reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of order registration.
Clause No. 3: Discounts and Rebates
The prices offered include any discounts and rebates that Story Me Company may grant based on its results or the buyer's assumption of certain services.
Clause No. 4: Cash Discount
No cash discount will be granted for early payment.
Clause No. 5: Payment Terms
Payment for orders is made:
- by credit card via secure payment systems
- in cash or by check upon delivery of the goods or upon receipt at a Story Me Company point of sale (this option requires payment of a deposit equal to half the price of the order).
Payments will be made under the following conditions:
Immediate payment on the Story Me Company website or upon receipt of the goods.
Clause No. 6: Late Payment
In the event of total or partial non-payment of the goods delivered by the due date, the buyer must pay Story Me Company a late penalty equal to three times the legal interest rate.
The legal interest rate applied is the one in effect on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every six months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the total amount including tax of the amount remaining due and runs from the due date of the price without any prior notice being required.
In addition to the late penalties, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump-sum indemnity of 40 euros due for collection costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause No. 7: Resolutive Clause
If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the outstanding sums, the sale will be automatically canceled and may give rise to the award of damages to Story Me Company.
Clause No. 8: Reservation of Ownership Clause
Story Me Company retains ownership of the goods sold until full payment of the price, including principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, Story Me Company reserves the right to claim, within the framework of the collective proceedings, the goods sold and unpaid.
Clause No. 9: Delivery
Delivery is made:
- either by direct delivery of the goods to the buyer;
- or by sending a notice of availability in-store to the buyer;
- or by depositing the goods at the location indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products cannot give rise to the buyer's benefit to:
- damages and interest;
- cancellation of the order.
The risk of transport is entirely borne by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days following delivery, by registered letter with acknowledgment of receipt addressed to the company.
Clause No. 10: Force Majeure
The liability of Story Me Company cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this regard, force majeure refers to any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause No. 11: Competent Court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Nouméa, New Caledonia.
General Terms and Conditions of Sale for Customers
Welcome to Story Me
Company, the website for purchasing and downloading e-books and paper books in New Caledonia and New Zealand. Works distributed throughout the Francophonie, New Zealand, Australia, and Canada.
These are the general terms and conditions related to the use of your account on the Story Me Company website.
Please note that the following general terms and conditions apply to any purchase you may make on this website.
AGREEMENT
Story Me Company (we) and the buyer (you) agree that any paper and electronic book ("the product(s)"), regardless of its description, will be provided in accordance with the following general terms and conditions:
RELATIONSHIP
The relationship between the parties is that of Supplier and Buyer. Story Me Company will provide the Product(s) in exchange for the prescribed payment.
Acceptance of Terms and Conditions
The terms and conditions detailed here are the terms on which Story Me Company offers you access to the services and its website. By creating an account on the Story Me Company website, you agree to accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.
Modification of General Terms and Conditions
We reserve the right to make changes to these general terms and conditions at any time, but if we do so, we will communicate these changes through notifications both here on the Story Me Company website and to our members by email.
Use of Goods and Services
The provision of goods and services provided through this site (e-books and paper books) is on the basis of a firm sale. If you have difficulty reasonably using the goods and services you have purchased from us, please contact us by email, indicating the nature of the problems and the best way for us to contact you. We will make every effort to rectify any problems you may encounter in connection with the reasonable use of any goods or services purchased from us, although due to the nature of our services, we will normally not refund any money.
Your purchase of an e-book allows you to use it reasonably for your personal use on any device you personally own, but this does not extend to reselling, giving, exchanging, or sharing the e-book with other parties. To provide the service we offer, we expect you to take all reasonable measures to prevent theft, loss, copying, and distribution to other parties of any e-book purchased from us.
The only exception to these conditions is when the e-book itself, as obtained directly from our site, explicitly contains a license allowing such reuse by other parties. In this case, the license information contained in the e-book takes precedence over these general terms and conditions.
Payment Terms
Payment must be made at the time of purchase by credit card or debit card, in the currency of your choice from those offered: euros (EUR), US dollars (USD), New Zealand dollars (NZD), Australian dollars (AUD), or Canadian dollars (CAD).
Copyright
Story Me Company owns the copyright to the content of this website or is authorized by the copyright owner to use the content on the website. Material and features such as brand names, images, characters, titles, and other product-specific information used on this site may be the trademark or intellectual property of a registered holder. No permission is given for the use of these items, and such use may constitute a violation of the rights of the holders.
No part of this site or its content may be reproduced or adapted without the express permission of Story Me Company.
COPYRIGHT
Each product contains information protected by national and international copyright laws and treaties. Any reprinting, resale, or unauthorized use of this material is strictly prohibited.
Returns and Refunds
Returns of paper books can only be made if the customer cannot enjoy the merchandise because the product has a defect that affects its use for its intended purpose. This targets situations of unreadable content. A refund will only be possible if requested by the buyer upon receipt of the merchandise and specified in writing on the order form.
Returns of purchased e-books that have not been downloaded by the customer will be refunded in full if the customer provides instructions to Story Me Company. If a customer wishes to cancel a credit card transaction in the case of a purchased e-book that has not been downloaded, they can do so by contacting the payment provider they selected during the ordering process.
Returns of e-books downloaded by the customer will be accepted if the product has a defect that affects its use for its intended purpose. Such a defect may include the omission of a significant amount of content or content that has been incorrectly formatted so that it is not readable on standard e-book reading systems. Returns for other reasons will be accepted at the discretion of Story Me Company.
In the case of a return, Story Me Company will provide the customer with either an alternative version of the e-book or paper book with the defects corrected or a full refund of the purchase price.
Indemnification
As a holder of a Story Me Company account, you agree to indemnify Story Me Company for any damage resulting from theft, loss, corruption, copying, and distribution to third parties of the goods and services we provide through this website. Story Me Company cannot be held responsible to you or any third party for any special, incidental, direct, or consequential damages resulting from, in connection with, or as a result of any purchase you may make on our site. In no case will liability exceed the cost of the initial order.
Disclaimer
The information contained on this site and in the goods and services made available through this site (e-books and paper) may contain technical inaccuracies, typographical errors, or bibliographical errors. Although we make efforts to correct these editing errors, Story Me Company's liability, whatever it may be, for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
These general terms and conditions were created on March 1,
2023.
LIMITATION OF LIABILITY / WARRANTY EXCLUSION
Authors and publishers in no way accept responsibility for any loss or other damage, including but not limited to special, incidental, consequential, or other damages, including loss of profits.
APPLICATION
We reserve the right to refuse sales to any person or organization without explanation.
E-books
We offer full refunds when orders are canceled before the material purchased is shipped. Regarding digital information products, we cannot offer refunds for any cancellation received after the material is shipped.
You affirm that you are not purchasing the product for commercial purposes.
You agree personally, and agree to take the necessary steps to relieve yourself of the responsibility for any value-added tax that may apply to your purchase according to your country of residence.
You acknowledge that by purchasing the product(s), you have agreed to these general terms and conditions, and you affirm that they describe our complete agreement, excluding any other statements, written or otherwise.
Done in Noumea, March 1, 2023.
Gregory SIMON