General terms and conditions of sale of the Reproduction Department

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General terms and conditions of sale for products and services proposed by
the Reproduction Department
Article 1 - General information about the conditions of reproduction and use of reproduced
documents
1.1 Application, definition of terms and acronyms.
Valid general conditions of sale, accepted by customers on the date of orders, are applied to orders. As
these general conditions of sale can be subject to change, customers are invited to consult them
regularly on the BnF website by following the link: www.bnf.fr
The acronym ‘BnF’ stands for the State and Public Administrative Institution under the supervision of
the Ministry of Culture and Communication called ‘Bibliothèque nationale de France’. The ‘BnF’ is the
legal person responsible for the sale of products and services proposed by its Reproduction
Department.
The terms ‘purchaser’ or ‘customer’ stand for the natural or legal person on behalf of whom/which and
for whom/which the order has been made.
The term ‘document’ stands for the works housed in the BnF collections in any form and for which
reproduction and use has been ordered.
1.2 Missions of the Reproduction Department
The Reproduction Department achieves the reproduction of any document, whether a BnF document or
a document placed on deposit by a third party except for audiovisual, sound and multimedia documents
held by the Audiovisual Department. Copies of these documents must be ordered to the Audiovisual
Department.
Information about the department, its services, products and fees is available on the BnF website by
following the link: http://bnf.fr/fr/collections_et_services/reproductions_document.html
1.3 Conditions of reproduction and use of BnF documents
1.3.1 Conditions of reproduction
To preserve its documents, the BnF prefers to use digital or silver copies of works housed in its
collections and easily available to achieve the reproductions. In case there is not any copy of the
original document or if the experts of the Reproduction Department assess that the quality of the copy
is not good enough, a request asking for the shooting of the original document is sent to the department
concerned.
The customer shall be deemed to be informed of this work organisation. The Reproduction Department
shall not be held liable for consequences connected to this organisation and likely to concern:
the quality of products: the reproduction is delivered to the customer whether in colour or in
black and white; this depends on the archive used to reproduce the document. The resolution of
digital products cannot exceed the one indicated on the price list. If all or part of the original
document ordered exceeds the A0 format, the Reproduction Department evaluates technical
-
-
constraints and determines the number of images necessary to reproduce the original document
in whole;
the reproducibility of documents: the reproduction depends on the original document’s
condition. Handling necessary to reproduce the document (too tight binding, acid paper...)
might damage the document. In that case, the reproduction can be refused to customers;
the edition used to make the reproduction: the Department reserves the right to deliver a
reproduction made from the edition of its choice if an archive has been formerly identified.
The Reproduction Department shall not be held liable for reproduction defects inherent to the condition
of original documents and handling constraints.
Furthermore, the customer is informed that: when the Reproduction Department, following a
reproduction order, safeguards a royalty-free and not formerly digitised document, the digital document
can be added to the BnF digital library, Gallica.
1.3.2 Reproducibility of copyrighted documents
The customer wishing to reproduce documents still protected by the copyright law must present, prior
to his/her request, an authorization signed by right holders. The BnF does not propose to search for
right holders but invites customers to consult the guide to assist them in their search on the BnF
website by following the link: http://www.bnf.fr/documents/ayants_droit.pdf
1.3.3 Use of reproduced documents
Customers can make private or public use of reproduced documents. In case of public use, it might be
either a commercial or non-commercial use of documents. Commercial use of data is subject to
authorization; the authorization request must be sent by customers or users to the Reproduction
Department before any use of reproduced documents. An authorization to publish is delivered which
commits him/her to pay a fee for documents used.
Conditions of use for BnF documents are available on the BnF website by following the link:
http://www.bnf.fr/fr/collections_et_services/reproductions_documents/a.repro_reutilisationdocuments.
html
Upon request from the service managing use fees at utilisation.commerciale@bnf.fr
By phone: 00 33 (1) 53 79 82 22
Article 2 – Online ordering procedures
2.1 Orders
Customers can place their orders directly through the Catalogue général de la BnF and Gallica digital
library when the function ‘Buy a reproduction’ is available.
Customers ordering reproductions for the first time must create a shopping cart and a personal account
that allows them to finalise their orders. The order form must be filled out clearly and accurately. Then,
a customer number is assigned; the customer chooses a username and password to have access to
his/her personal space, make new orders, follow them and consult his/her invoices. The customer is
informed and agrees that his/her customer number stands for identity proof.
General terms and conditions appliable on April 20, 2015
Before paying their orders, customers can get, at any moment, a receipt of products selected and
modify their orders using the shopping cart.
The customer is responsible for checking that all the products from the shopping cart are listed on the
receipt. Before confirming his/her order, he/she must also check that his/her contact details are
indicated in the personal space.
Each type of product is manufactured within the period of time indicated when the product is ordered.
The customer is informed by e-mail about the delivery of each product he/she has ordered. In case of
digital products, he/she can download them directly in his/her personal space. Reproductions on a
physical medium (paper or microfilm) are sent to the address indicated by the customer at the time of
the order. When several products are ordered at the same time, they might be sent in several parcels as
they are manufactured.
Once it has been validated, the order is firm and definitive.
2.4 Cancellation of the order
In case a customer can benefit from discounts as indicated in the price list (cf. 5.1), he/she is invited to
provide the required documents. As soon as information provided is checked by the BnF, the customer
can benefit from associated discounts. The customer is informed by e-mail as soon as possible that
his/her supporting document has been validated.
The customer who wishes to order reproductions needs to have an e-mail box allowing to send and
receive e-mails efficiently. Otherwise, he/she will not be able to order reproductions online.
Contractual information is listed in the order confirmation sent by e-mail. These elements of
information include:
•
the name of the product
•
delivery terms
•
prices inclusive of all taxes and payment terms
•
contact information of the Reproduction Department.
The BnF reserves the right to cancel one or several orders. If the document is in poor condition or
unavailable, it is impossible to proceed to the copy (as indicated in point 1.3.1). The customer is
informed by e-mail. If the payment has not been registered, the products for which orders have been
cancelled are not charged. If the payment has been registered (credit card, check, fund transfer), the
customer is reimbursed according to the conditions set out in article 7.
Article 3 – Other ordering procedures
For documents that cannot be ordered online, customers can submit their requests to the Reproduction
Department. In return, they will receive an estimate corresponding to their request.
3.1 Admissibility requirements for reproduction requests
Computerised registers are stored in the BnF computer system following sufficient security conditions.
They stand for a proof of order and payment. The order confirmation and the invoice are archived on a
reliable and sustainable medium in order to stand for a faithful and sustainable back-up copy in
accordance with article 1348 of the civil code.
2.2 Payment
The payment of the online order is made thanks to the following means of payment:
credit card (exclusively French national Blue Card, Eurocard, MasterCard, Visa);
bank check payable in France to ‘Département Reproduction BnF’;
funds transfer to the following bank account:
Bank: Trésor public – 139, rue de Bercy – 75572 Paris cedex 12
Agency: Direction régionale des Finances Publiques d’Ile de France et du Département de Paris
94, rue de Réaumur – 75014 Paris Cedex 02
Domiciliation: TPPARIS RGF
IBAN: FR76 1007 1750 0000 0010 0047 610
BIC (SWIFT): TRPUFRP1
For funds transfers, the customer must necessarily notify to his/her bank his/her customer number and
his/her order or invoice number.
2.3 Order tracking, delivery time and terms
At any moment, the customer can consult his/her personal space and follow the processing of his/her
order.
To guarantee the shortest possible processing of reproductions, detailed requests should be made with
great accuracy. A search through the BnF online catalogues (www.bnf.fr) allows to find detailed
bibliographic references. Prior ordering a document, the customer can use the Ask a Librarian system
(SINDBAD), a free reference service providing help to find documents’ references (books, magazines,
disks, films...) on any topic and factual information (biographical elements, facts, figures, dates). This
service is available on:
http://www.bnf.fr/fr/collections_et_services/anx_sindbad/a.formulaire_sindbad.html
3.2 Reproduction order
Requests can be made:
o
using the form available on:
http://www.bnf.fr/fr/collections_et_services/reproductions_documents/a.formulaire_demande_reproduc
tion.html
o
e-mailing to reproduction@bnf.fr
o
coming at the Department reception desks: open from Tuesday to Friday (2 p.m. – 4 p.m.) at
François-Mitterrand Library (Quai François Mauriac, 75013 Paris) and Cardinal-de-Richelieu
Library (5, rue Vivienne, 75002 Paris)
o
sending a mail to Bibliothèque nationale de France, Département de la Reproduction, Quai
François Mauriac, 75706 Paris Cedex 13.
In case a customer can benefit from discounts as indicated in the price list (cf. 5.1), he/she is invited to
provide the required documents by means indicated on the website. As soon as information provided is
General terms and conditions appliable on April 20, 2015
checked by the BnF, the customer can benefit from associated discounts. The customer is informed by
e-mail as soon as possible that his/her supporting document has been validated.
Urgent requests can be answered in priority and within a negotiated period of time. This priority
service is proposed in return of an additional charge as mentioned in the list of prices (cf. 5.1).
3.3 Rules relating to estimates
The customer is informed by e-mail about the delivery of each product he/she has ordered. In case of
digital products, he/she can download them directly from the personal space formerly set up in
accordance with procedures sent by e-mail by the Reproduction Department. Reproductions on a
physical medium (paper, microfilm, CD...) are sent to the address indicated by the customer at the time
of the order. When several products are ordered at the same time, they might be sent in several parcels
as they are manufactured.
Following the request made within the terms set out point 3.2, an estimate is established by the
librarians of the Reproduction Department.
The estimate is valid for three (3) months. Beyond this period, the customer must make another
request. Any cancellation or modification of the order or estimate, including a modification relating to
delivery terms, must be made in writing before payment.
After receipt of payment, the order becomes firm and the manufacture of products is launched.
3.4 Payment
Orders are paid thanks to the following means of payment:
credit card (exclusively French national Blue Card, Eurocard, Mastercard, Visa);
bank check payable in France to ‘Département Reproduction BnF’;
funds transfer to the following bank account:
Bank: Trésor public – 139, rue de Bercy – 75572 Paris cedex 12
Agency: Direction régionale des Finances Publiques d’Ile de France et du Département de Paris
94, rue de Réaumur – 75014 Paris Cedex 02
Domiciliation: TPPARIS RGF
IBAN: FR76 1007 1750 0000 0010 0047 610
BIC (SWIFT): TRPUFRP1
3.6 Cancellation of a reproduction order
The BnF reserves the right to cancel one or several orders. If the document is in poor condition or
unavailable, it is impossible to proceed to the copy (as indicated in point 1.3.1). The customer is
informed by e-mail. If the payment has not been registered, the products for which orders have been
cancelled are not charged. If the payment has been registered (credit card, check, fund transfer), the
customer is reimbursed according to the conditions set out in article 7.
Article 4 – Complaints
Reproduction of documents is carried out on the basis of customers’ requirements. This service falls
within the terms of Article L. 121-20-2 (point 3) of the Consumer Code and cannot be subject to the
right of withdrawal provided for in Article L. 121-20-1 of the same Code. However, complaints
concerning reproduced documents can be sent to the Reproduction Department.
4.1 Quality of reproduced documents
To be noted: cash payment is not possible.
The removable stub at the bottom of the estimate must be sent with the payment by check or credit card
to:
Bibliothèque nationale de France
Département de la Reproduction – Comptabilité
Quai François Mauriac
75706 Paris Cedex 13
France
In case of payment by credit card, the customer must specify his/her credit card number, the validity
date, the cryptogram (security code) and sign the removable stub.
Complaints should be sent by e-mail or postal mail to: reproduction@bnf.fr or Bibliothèque nationale
de France, Département de la Reproduction – Service Clients, Quai François-Mauriac, 75706 Paris
cedex 13. The e-mail or postal mail should mention the name of the contact person indicated on the
estimate. Complaint letters should include a copy of the estimate, delivery order and invoice; they also
should provide detailed explanations about the problem encountered.
Beyond a period of three months following the date indicated on the delivery order, no complaints will
be received.
Complaints are examined by technical experts of the Reproduction Department. The result is at the
discretion of the Director of the Reproduction Department, in the framework of limits of liability set
out point 1.3.1
3.5 Delivery time and terms
For reproductions on a physical medium, if the complaint concerns the quality of reproductions, if
reproductions are not in conformity with the estimate or if the customer requires to be reimbursed, the
documents should be sent back to the Reproduction Department at Bibliothèque nationale de France,
Département de la Reproduction – Service Clients, Quai François-Mauriac, 75706 Paris Cedex 13.
The period of time necessary to manufacture the products is indicated on the estimate for each type of
product.
If the complaint is accepted, the BnF commits itself to redo, return at its own expense or reimburse the
products that could be defective or would obviously not fit the customer’s order.
For funds transfers, the customer must necessarily notify to his/her bank his/her customer number and
his/her order or invoice number.
General terms and conditions appliable on April 20, 2015
4.2 Reservations concerning the delivery
5.4 Discounts
The products are carefully packed when they are sent to customers. However, the BnF is not
responsible for the condition of products arrived at destination. The customer shall check the state of
both the parcel and its content before accepting it from the carrier or La Poste. All products are sent in
cardboard packings or padded envelopes. A tracking number is assigned by the carrier or La Poste and
passed on to the customer on shipment. In case a parcel has not been delivered, the customer shall
require the tracking number from the Reproduction Department and contact the carriers to launch the
necessary research procedures.
Article 5 – Tariffs
5.1 Price list
Prices in force are set by the President of the BnF. They cannot be negotiated besides the cases
provided by the tariff classification. The BnF reserves the right to modify its tariffs at any moment but
the products will be invoiced at the price in force at the moment of either the order or the estimate
(within the limit of the estimate’s validity).
Tariffs in force are available on the BnF website by following the link:
http://www.bnf.fr/fr/collections_et_services/reproductions_documents/a.reproduction_document_tarifs.
html
Tariffs are laid down in euros exclusive of VAT. Delivery costs are not included.
The minimum charge for each order is 6.00 euros (VAT excl.).
Discounts are granted to certain categories of customers, depending on the quantity of reproductions
ordered. Terms and conditions are set out in the price list.
Article 6 – Payment deadlines
In case payment is accepted after invoicing in accordance with conditions and terms of the price list,
the customer must proceed to the payment on receipt of the invoice. If the invoice is still unpaid after
one month, a written reminder is sent to the customer. If the invoice remains unpaid during the month
following the first reminder, a second reminder is sent and the debtor will not be allowed to make new
orders or ask for a use license. After this period of time, the BnF accounting officer can prosecute the
customer and enforce the recovery of the writ of execution of the debt by the debtor.
Article 7 – Repayment terms
Whatever the reason, in case of surplus to reimburse, if the payment has been made by credit card, the
customer’s bank account will be credited with the corresponding amount of money. In other cases, a
bank check will be sent to the billing address of the customer who has made the order.
Article 8 – Responsibility
The products offered are in compliance with the French legislation in force. The BnF cannot be held
liable in case of disregard of the legislation of the country where the product is delivered (if a document
title has been forbidden for example...) The customer is responsible for checking with the local
authorities that the products or services he has planned to order, can be imported or used in the
country.
5.2 Value-added tax (VAT)
Article 9 – Applicable law, settlement of disagreements or disputes
The VAT is charged at the rate that applies according to the place of delivery and the provisions
established by the French General Tax Code. These provisions are applicable to goods and services
sold by the Reproduction Department. The VAT is mentioned on the estimate (or the order) and the
invoice.
The legislation and tongue applicable to these general terms and conditions of sale are the French
legislation and tongue. Disagreements or disputes can be submitted to French appropriate bodies or
courts.
5.3 Shipping costs
Only the French version of these general terms and conditions of sale shall act as proof.
Shipping costs that add to the price of products can be charged to the customer. The weight of each
product added to one another allows to calculate the shipping costs according to the place of delivery
and following the Conditions and tariffs of La Poste ‘parcels’ service. Two services are available: a
basic service including parcel tracking if no specific request from the customer or a service with a
guaranteed delivery date and a complete order tracking on request of the customer. The amount of
shipping costs is mentioned on the estimate (or the order) and the invoice.
Article 10 – Acceptance of general terms and conditions of sale
The customer is deemed to have read and accepted these general terms and sale conditions before
confirming his/her order (i.e. by sending his/her payment or the purchase order; pressing the button
‘confirm your order and pay’ for online orders).
Whatever the number of parcels, shipping costs are calculated and invoiced only once.
On request of the customer and at his/her own expense, products can be sent by a private carrier other
than La Poste. The customer shall specify to the Reproduction Department the account number
assigned by the company. In that case, the shipping costs are not charged.
General terms and conditions appliable on April 20, 2015
Article 11 – CNIL personal information
The “Commission nationale de l’informatique et des libertés” (CNIL) is the French authority for
protection of individuals with regard to automatic processing of personal data.
Personal information and data provided by the customer are necessary to manage orders and for the
trade relationships between the BnF and the customer. They can be transmitted to companies that
contribute to these relationships: for example, companies in charge of services and orders
(management, processing, treatment and payment). These information and data are also kept for
security purposes to meet legal and regulatory requirements and contribute to improve services offered
by the BnF.
According to the Data Protection Act of January the 6th, 1978, all customers have the right to access,
change, cancel and remove his/her personal data. Sending the request by postal mail is sufficient. The
mail shall mention the customer’s name and surname, both his/her postal and e-mail address and if
possible his/her customer number. In accordance with regulations in force, the request shall be signed
and accompanied by the copy of an identity document bearing the customer’s signature. The mail shall
also mention the address where the answer shall be sent. The answer will be sent during the two
months following the receipt of the request.
General terms and conditions appliable on April 20, 2015
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