AGREEMENT TO TERMS AND CONDITIONS

Acceptance of Terms and Conditions

The website www.book-fountain.com is owned and operated by The Book Fountain, trading as The Book Fountain. References to "we", "us", "our" or "the website" are references to The Book Fountain. The Book Fountain is a registered non-profit making organization (loi du 1er juillet 1901) Reg n°:  0283009755 and our address for correspondence is 3, Parc de Tivoli, 28210 Nogent le Roi, France.

 

Your use of this website and membership of The Book Fountain is at all times subject to these terms and conditions and all applicable laws. By accessing our website you agree to our terms and conditions set out below. If you do not agree to these terms and conditions, you must exit our website immediately.

 

Changes to Terms and Conditions

We may change these Terms and Conditions at any time. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. It is your responsibility to check the Terms and Conditions on each occasion that you access the website.

 

YOUR USE OF THIS WEBSITE

Subject to agreeing to these Terms and Conditions, you may view this website using your web browser and electronically copy and print hard copies of parts of this site for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any material from this website is strictly prohibited.

 

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

 

You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal or immoral purpose.

 

Some of the content provided on this website may not be suitable for children. We allow parents or guardians to configure a filtered access to this website and we advise parents or guardians to supervise their children's use of this website.

 

MATERIAL ON THIS WEBSITE

Copyright

All materials (including software and content) contained on this website are owned by The Book Fountain, our affiliates and/or licensors, unless indicated otherwise. The material may not be used except as provided for in these terms, without our written permission.

 

 

 

Trade marks

All trade marks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right to use, alter or remove such material.

 

Disclaimer of contents

We permit members to post reviews on the website and submit other content such as recommendations, critiques, suggestions, ideas, comments, images, questions, or other information. All opinions or statements made by members or other third parties on the website are those of their respective authors or producers and not of The Book Fountain. We have no liability for any loss or damage caused by your reliance on such information.

You agree that you will not post content that is illegal, obscene, defamatory, threatening, invasive or a breach of privacy, infringes intellectual property rights, or is otherwise injurious to us or any third party. We reserve the right (but not the obligation) to remove or edit such content at our absolute discretion.

You agree that in respect of any information that you post, send or otherwise communicate on our website or by correspondence directly to us, you grant us a non-exclusive royalty-free license to display, use, reproduce or modify that information on our website, newsletters and any other communications platform including on mobile phones or television. We may use such information without compensation or acknowledgement to you for any purpose whatsoever, including but not limited to marketing, developing, improving or otherwise modifying our website or our business. Any information you submit is subject to our Privacy Policy. Please familiarise yourself with our Privacy Policy.

We do not accept any responsibility for the contents of any third party website that may be linked to The Book Fountain website by way of hypertext links or other means of reference. You may not link The Book Fountain website to another website without our prior written consent.

 

JOINING US

To join The Book Fountain and receive any of our services:

Ø       you must be at least 18 years of age. Persons under the age of 18 are not permitted to join The Book Fountain;

Ø       you must live in France;

Ø       you agree to provide us with personal details (including your name, email address, postal address) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions in the "Your Account" section of the website.

Ø       We may refuse any application to join The Book Fountain for any reason whatsoever.

 

SUBSCRIPTION PAYMENT

All payments to The Book Fountain are to be made by check, payable to “The Book Fountain”. All payments are to be made in Euro. You will be notified by email on reception of your check informing you that it will be cashed within 3 days. Once The Book Fountain account has been accredited, you will be sent an email informing you of your log-in details.

You agree not to hold us responsible for banking charges incurred due to payments failing on your account.

 

SUBCRIPTION RENEWAL

Your 12 month membership commences following the activation of your account using the link in the email containing your log-in information.

 

We may, in our sole discretion, change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.

 

Your membership expires after a period of 12 months. You will be notified by email 1 month prior to membership expiration with details on how to renew your subscription.

 

 

ACCOUNT SECURITY

You agree that you are solely responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer. You will not hold us responsible for any unauthorised use of your account. You agree to take reasonable care in protecting your account from unauthorised use. You will take adequate steps to log out of your account and close all open browser windows when using publicly accessible computers (for example, computers in such locations as internet cafes, libraries, web enabled payphones, kiosks and other shared computers.) If you suspect unauthorised use of your account, you must notify us immediately by phone or email.

 

DELIVERY OF BOOKS

Books can only be delivered to addresses within France; this excludes PO Box addresses.

We use first-class prepaid envelopes to have books delivered to you and returned to us. Delivery times may vary depending on where you live, when you make your book selection, and circumstances impacting delivery by La Poste. We reserve the right to use alternative delivery methods without prior notification.

We will do our best to get the books you have requested to you as quickly as possible.

You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of books.

We provide you with one addressed, prepaid first class peel and seal reply envelope per book sent to you to allow you to return the book. If you lose the reply envelope for a book, you agree to return the book at your own cost to :

The Book Fountain
3, Parc de Tivoli
28210 Nogent le Roi
France

 

Please include a note with your name and the email address used for Book Fountain account so that we can promptly match the returned book to your account.

 

We understand that occasionally books are lost in the post. You agree to notify us promptly if you have not received, within 7 business days, books that are recorded on your "Your Account" page as having been sent by us to you, or if we have not recorded as received, within 7 business days, books that you have sent to us.

We will not hold you liable for the cost of books lost in the post provided that you promptly complete any applicable forms or declarations that we may require relating to the loss of such books. You agree that we may charge you 15€ for any book lost in the post if you do not promptly complete such forms or declarations in French.

We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.

 

USE AND CARE FOR BOOKS

You agree that you will not infringe any intellectual property rights of any person including, without limitation, by copying, reproducing, republishing or otherwise modifying any material owned by any person in any form whatsoever.

 

You agree to notify us immediately if any book sent by us to you is defective (ie; missing pages) and promptly return that book to us. Following such notification we will send you another book of the same title or another item from your Rental Queue as soon as practicable.

You agree to treat the books and their associated packaging with the utmost care at all times. You agree that we may charge you if it is returned in an unreasonable condition (reasonable wear and tear excepted). In this event, we will give you advance notice before charging you. We will charge you 15€ per damaged book.

 

CANCELLATION

 

If you do not renew your subscription within the 20 day limit, your access to www.book-fountain.com will automatically be suspended. 

 

If you choose not to renew your membership to The Book Fountain, you agree to return all books to The Book Fountain within the 60 day limit.

For all unreturned books, you agree to pay 15€ for each article. The Book Fountain may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.

 

We do not provide refunds for cancellations part-way through the 12 month membership period.

 

If you were subscribed to our email communications, we will continue to send you these emails unless you choose to unsubscribe.

 

We may cancel your subscription at any time. Without limiting this general right, we will cancel your subscription immediately and without notice to you if we have reasonable grounds to believe that you have breached any of these Terms and Conditions or behaved in a manner that we deem unreasonable or contrary to the spirit of these Terms and Conditions.

 

BOOKS REMAIN PROPERTY OF THE BOOK FOUNTAIN

All books remain the property of The Book Fountain at all times. You agree not to resell any books supplied by us to you, make them available to hire, or allow any such unauthorised or illegal use to occur.

 

GENERAL

Privacy

We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page.

 

Promo codes

Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.

 

Disclaimer of warranties and limitations on liability

This website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of books, delivery of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website, or any conduct by users of the website. We reserve the right to deliver books at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

 

In no event shall we, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

 

 

 

Applicable law

This website is controlled by The Book Fountain. Your use of this website is governed by these Terms and conditions and construed and enforced in accordance with the laws of France. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the French courts.

 

Assignment by us

You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.

 

Memberships are non-transferable

The Book Fountain memberships are not transferable and therefore cannot be sold or traded.

 

No waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

 

Force majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.