Terms and Conditions
Terms and Conditions of Use Terms and Conditions of Use These terms and conditions of use define the means of application of all services provided by the www.refdoc.fr, site, hereafter “the service” and the conditions for use of the service by the user. All access to and/or use of the service by the user means that the user unconditionally accepts and shall respect all of these terms and conditions of use. In the event that the user does not wish to accept all or part of these terms and conditions of use, the user is requested to stop using the service completely. Legal notices The www.refdoc.fr site is published and hosted by: The National Centre for Scientific Research (Centre National de la Recherche Scientifique - CNRS), Public establishment with a scientific and technological character, with its headquarterslocated 3 rue Michel Ange - 75794 PARIS Cedex 16 – France and managed by: INIST, a CNRS service unit, located 2, allée du Parc de Brabois CS10310 F-54519 VANDOEUVRE-LES-NANCY Cedex – France The director of publication is Alain Fuchs The editor-in-chief is Dominique Wolf User support Department: contact-utilisateur@inist.fr Copyright and intellectual property The www.refdoc.fr site, and more specifically its content, is protected by current French copyright laws. CNRS is the exclusive intellectual property rights and copyright holder for the whole site and its content (text, photographs, illustrations, images, logos, etc...). All content reproduced on the site is covered by copyright and any reproduction or distribution of that content without the prior written authorization of CNRS shall be considered a breach of copyright for which the breaching party shall be subject to legal action and criminal penalties. All texts and illustrations which are specified as being covered by a Creative Commons licence may be reproduced, distributed or modified under certain conditions without necessarily requesting prior authorization. Any unauthorized reproduction of these trademarks, logos and all distinguishing signs linked to them shall be considered an infringement of copyright punishable by legal action and civil and criminal penalties. Any party breaching these rights shall be liable for civil and criminal prosecution and shall be subject to the specific penalties set out in articles L. 335.2 and L. 343.1 of the French "Intellectual Property Code" (Code de la Propriété Intellectuelle). Personal Data To respect the privacy of its users, CNRS warrants that the collection and management of personal data carried out on this site shall be carried out in compliance with French Act 78-17 of January 6th 1978 on Data Processing, Data Files and Individual Liberties (Art 34 and Art 36), known as the "Data Protection and Individual Liberties Act" (Loi Informatique et Libertés). In compliance with article 34 of the aforementioned French "Data Protection and Individual Liberties Act", CNRS grants the user the right to reject, access and modify all personal data. The user may exercise this right by: - using the contact form available on the site - by sending an e-mail to this address: contact-utilisateur@inist.fr Responsibility The www.refdoc.fr site provides free consultation of more than 54 million bibliographical records in the fields of Science, Technology, Medicine, Humanities and Social Sciences. As such, CNRS shall be in no way responsible for the use of the information and content available on the whole site. Access to certain sections of the www.refdoc.fr site shall require the use of an identifier and a password. This password shall be chosen by the user and shall be personal and confidential. The user hereby undertakes to keep his/her password secret and not to reveal it in any way whatsoever. The user shall use this identifier and password on the internet at his/her own risk. The user shall take all necessary steps to protect his/her personal data. However CNRS hereby undertakes to employ all necessary means to guarantee the security and confidentiality of all data provided by the user. The user is hereby informed that one or more cookies containing no personal information may be placed on his/her hard disk to permit user identification. The user hereby declares his/her knowledge of the limits and constraints associated with the internet network and thus recognizes that it is impossible to guarantee completely the security of internet data exchanges. CNRS shall not be held responsible for any damages incurred by the user which are linked to the transmission via the service of any information including the identifier and password. CNRS shall be in no way held liable, within the limits of all applicable laws, for any damages and/or losses, whether they be direct or indirect, material or non-material or indeed of any kind, which result from the unavailability of the service or any form of use of the service. The term "use" shall be understood in its broadest sense namely any form of usage of the site, legal or not. The user hereby undertakes to comply with all current statutes and regulations in France on an overall basis. Sales terms and conditions In effect until December 31st 2017 These General Terms and Conditions of Sale govern all relations between: The CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (hereafter referred to as “the CNRS”), Public establishment with a scientific and technological character, located at 3, rue Michel Ange - 75794 PARIS Cedex 16, FRANCE , SIREN n° 180 089 013, APE code 7219Z represented by its Director General, Mr. Alain FUCHS who has delegated his signature authority to the Director of the Institute for Scientific and Technical Information (INIST), a CNRS Service Unit (UPS 76) located at 2 Allée du Parc de Brabois, CS 10310, 54519 VANDOEUVRE LES NANCY CEDEX 4 , hereafter referred to as “INIST” », and individuals or legal entities belonging exclusively to the CNRS (National Center for Scientific Research) community or public sector communities in France and other countries (which includes the French Higher Education and Research community) and possessing an access to an account opened on the internet website www.refdoc.fr or any individuals having provided sufficient approved identification data and who makes an order (hereafter referred to as “the User”), within the framework of the supply by INIST of Products as described in the corresponding Order. When the User sends an Order, he/she therefore unconditionally accepts all conditions set out in these General Terms and Conditions of Sale. 0. Preamble The objectives of the CNRS, through INIST, are the publication, dissemination, and distribution of scientific and technical information Products and services in France and other countries. To achieve these objectives, the internet site www.refdoc.fr was set up. It is a portal through which Users can order reprographic copies of scientific documents. The www.refdoc.fr site provides free consultation of around 54 million bibliographical records in the fields of Science, Technology, Medicine, Humanities and Social Sciences. It also allows Users to buy document copies and track their orders on line. Access to the service is free for all Users belonging to the CNRS (National Center for Scientific Research) community or public sector communities in France and other countries (which includes the French Higher Education and Research community) with internet access. All costs of access to the service, such as the costs of hardware, software or internet access shall exclusively be paid for by the User. The User is solely responsible for the correct functioning of his/her computer equipment and internet access. The CNRS reserves the right to refuse access to the service unilaterally and without prior notice to any Users who do not respect these General Terms and Conditions of Sale The CNRS shall employ all reasonable means at its disposal to ensure quality access to the service but shall be in no way obliged to succeed in doing so at all times The CNRS shall also be in no way held responsible for any problems that may arise with the network or servers or any other event deemed to be reasonably beyond possible control which may prevent or impair access to the service. The CNRS reserves the right to interrupt, suspend temporarily or modify user access to all or part of the service without prior notice to carry out maintenance work, or for any other reason, and shall be in no way liable for any such interruption to the service 1. Definitions - The word “Product” refers to any copy of a document found on www.refdoc.fr. - 2. Orders 2.1 Any modification or cancellation of an order requested by the User shall only be considered if proper notice is given in writing prior to acceptance of the initial order as defined by French law. Any down payment(s) made by the User shall be refundable in goods only. Risk passes upon tender of delivery of the Product(s) to the carrier on the premises of INIST or when the Product is made available online. Accordingly, Products are shipped at the risk and cost of the User. If a problem should arise, it is up to the User to file any complaints or claims with the carrier. 3. Delivery 3.1 Product availability Delivery is effective upon tender of delivery of the Product(s) to a carrier on the premises of INIST, or when the Product is made available online. The CNRS fulfils its delivery obligations by delivering the Product to the carrier or by making the Product available online and the User shall be informed of the delivery dates of goods when the User makes an order. 3.2 Claims Without prejudice to any action to be taken vis-à-vis the carrier, any claim regarding a Product supplied shall be submitted in writing within the following time periods: - for the supply of copies of Products: 60 days for the STANDARD and C.L.I. services, 15 days for the RUSH service. - for all other Products unless expressly provided for otherwise by INIST: 30 days in the event of a delivery problem in a European Union country, 90 days in the event of a delivery problem in all other countries. The times given run from the time of delivery as specified in clause 3 of these General Terms and Conditions of Sale. Responsibility for proof of any defect or problem lies with the User. All Product returns require an express written agreement between INIST and the User. Any Product returned without such agreement shall be held for pick-up by the User, who shall not be issued a credit note. Non-conforming Products or Products with a patent defect, duly established by INIST as described above, may be replaced free of charge or a credit note may be issued to the User once the quantity and quality of the returned Products have been verified, provided however, that the User shall not be entitled to any other compensation or damages. The CNRS shall not be liable for any defect or damage due to normal wear and tear or external circumstances or any change to the Product for which no provision was made. 3.3 Costs and risks arising from Product returns Any return of a Product to INIST, for whatever reason, shall be subject to prior written approval and shall be the responsibility of the User who shall bear all related costs (shipping, custom duties, taxes, etc...) and risks. In addition, the Product shall be returned undamaged in the original packaging. 4. Prices And Payment - 4.1 Purchases of Products can be carried out either by using an account previously opened by the User. 4.2 Orders can only be completed if the Order includes all of the information identifying the User and the Product required by INIST to effectively process the order. 4.3 The prices entered on accepted Orders are the prices appearing on our website www.refdoc.fr on the day the order is accepted. Prices will be provided to Users on request. For the supply of Products, a discount is granted to French government research agencies and higher education institutions, as well as to students in France who present a valid student card. 4.4 Products marketed by INIST and Product prices as they appear on the www.refdoc.fr website (for information purposes only) may be changed at any time without prior notice to Users. Unless modified, prices are deemed to be binding once an order has been accepted by both the Parties. 4.5 Several methods of payment are available (bank or postal cheque, direct bank debit) according to individual User and Product requirements. The CNRS reserves the right to modify or add to said payment methods at any time. 4.6 No discount shall be given for early payment. 4.7 A User who opens more than one account may not under any circumstances request that a debit balance be set off against the credit balance on another account, even in the event of a claim. In the event of a dispute concerning an item on an invoice that the User failed to supply to the CNRS, the invoice shall not be cancelled but must be paid by the User. 4.8 Any payment which is partially or fully overdue on the day following the payment date stipulated on the bill, shall lead to late payment penalties being incurred by the User. Any delay in payment shall give the CNRS the right to demand full payment of all amounts due before any other order shall be processed. The interest rate for late payment shall be three times the legal rate in force. 4.9 In the event of failure to pay for Products supplied by INIST under these General Terms and Conditions of Sale, the CNRS reserves the right to: - suspend the current subscription and/or monthly billing until the amounts due are paid in full, - stop shipments in case of failure to pay for a prior partial delivery, - refuse any future orders from the User if the User contests a prior order that has already been delivered, except in the case of an error attributable to the CNRS. None of these steps shall cancel the User’s debt to the CNRS. - The CNRS shall be responsible for freight costs for the initial delivery of Products, unless otherwise indicated on the price list. All other costs (including customs duties) shall be borne by the User. If for any reason a subsequent delivery of the same Products is made at the User's request, the freight costs shall be paid by the User. 5. Ownership - Reproduction Rights – Liability 5.1 All orders accepted by INIST are payable by the User, even if the User has already placed an order for the same Product. 5.2 The CNRS shall not be liable for the contents of any Products supplied. 5.3 Use of the Products supplied by INIST is strictly limited to private use by the User they are sent to. Products shall under no circumstances be reproduced, sold or communicated to a third party to facilitate the reproduction thereof without the prior agreement of the Centre Français d’Exploitation du Droit de Copie (French Copyright Clearing Centre) for hard copies. 5.4 Products provided by INIST are protected by the provisions of the French Intellectual Property Code. All reproduction, representation and exploitation rights are reserved. 5.5 Any infringement of the Intellectual Property Code discovered by the CNRS or by the rights holder of the Products may result in legal proceedings being brought against the infringer. The CNRS reserves the right to refuse any further orders from any User involved in such proceedings. 5.6 In compliance with the contract signed with the French Copyright Center, the CNRS is entitled to supply a maximum of 10 % of any book and 30% of a publication. 6. Waiver 6.1 In the event of a conflict between these General Terms and Conditions of Sale and any other document made out before the date of the order (e.g. permanent subscription contract, primary document supply agreement, monthly invoicing agreement or the User’s Terms and Conditions of Purchase), these General Terms and Conditions of Sale shall prevail. Accordingly, unless they are explicitly accepted in writing, any other terms and conditions of the User shall be unenforceable against the CNRS regardless of when the CNRS was made aware of such other terms and conditions. Notwithstanding the provisions of these General Terms and Conditions of Sale, the CNRS may stipulate special terms and conditions for the use of its Products and services. 7. Liability The CNRS shall be in no way responsible for the use of the information and content available on the whole site. Access to certain sections of the www.refdoc.fr site shall require the use of an identifier and a password. This password shall be chosen by the User and shall be personal and confidential. The User hereby undertakes to keep his/her password secret and not to reveal it in any way whatsoever. The User shall use this identifier and password on the internet at his/her own risk. The User shall take all necessary steps to protect his/her personal data. The CNRS nevertheless hereby undertakes to employ all necessary means to guarantee the security and confidentiality of all data provided by the User. The User is hereby informed that one or more cookies containing no personal information may be placed on his/her hard disk to permit User identification. The User hereby declares his/her knowledge of the limits and constraints associated with the internet network and thus recognizes that it is impossible to guarantee completely the security of internet data exchanges. The CNRS shall not be held responsible for any damages incurred by the User which are linked to the transmission via the service of any information including the identifier and/or the password. The CNRS shall be in no way held liable, within the limits of all applicable laws, for any damages and/or losses, whether they be direct or indirect, material or non-material or indeed of any kind, which may result from the unavailability of the service or any form of use of the service. The term "use" shall be understood in its broadest sense namely any form of usage of the site, legal or not. The User hereby undertakes to comply with all current statutes and regulations in France on an overall basis. 8. Disputes 8.1 The courts of France shall have exclusive jurisdiction for any dispute that may arise. 9. Applicable Law 9.1 Any dispute leading to litigation shall be exclusively governed by French law.