1. WHEN THESE TERMS OF SALES APPLY

1.1 These general terms of sale apply to all sales of guides or books published by SOURCEMIZU SARL (hereinafter the "Products") made remotely on its website <www.sourcemizu .com> (hereinafter the "Site"), to consumers and non-professional buyers (hereinafter the "Customers").

1.2. These terms of use constitute with the order all contractual documents enforceable against the parties, to the exclusion of any other document, prospectus, catalogs or photographs of the Products communicated by SOURCEMIZU SARL (hereinafter "SOURCEMIZU") and / or put in line on the Site by SOURCEMIZU, which have only an indicative value.

1.3. These terms are applicable to all sales of Products to Customers, whether delivered in mainland France or the rest of the world.

1.4.These terms are written in English.

2. AVAILABILITY, OPPOSABILITY AND MODIFICATION OF THESE TERMS

Theses terms are made available to Customers on the Site where they can be directly consulted, for free access.

Theses terms are enforceable against the Customer when he ticks a box provided for this purpose, who acknowledges having read and accepted them, before placing an order for Products.

The validation of the order by its confirmation is worth adhesion of the Customer to theses terms in force on the day of the order whose conservation and reproduction are ensured by SOURCEMIZU in accordance with article 1127-1 of the Civil Code.

SOURCEMIZU reserves the right to modify these terms at any time by making its new version available on the Site. The general terms and conditions applicable to an order are those in force on the date of validation of the order.

3. CONDITIONS OF ACCESS AND TERMS OF REGISTRATION

3.1. Access to the Site is free of charge for any Customer. Any Customer can therefore view the Products for sale on the Site, except special operations reserved for account holders (hereinafter, the "Members").

3.2. It is possible for Customers to register on the Site (without obligation to purchase).

Registration on the Site is free, with the exception of connection costs which are the exclusive responsibility of the Customer. 

To register on the Site, the Customer must complete all the mandatory fields appearing on the registration form available on the Site:

- Last name and first name ;

- Email address;

- Choice of username and password.

SOURCEMIZU encourages the Client to use a "strong" password, mixing numbers, letters and symbols as well as upper and lower case letters.

The username and password are personal and confidential. They can only be used by the Member. The use of the username and password is under its sole responsibility.

The password can be changed online by clicking on the "update password" tab. A new password will then be chosen by the Member.

In the event of loss, misappropriation or fraudulent use of their username and / or password, the Member undertakes to immediately notify SOURCEMIZU customer service by sending an email to the address following email: contact@sourcemizu.com.

3.3. Once the registration form has been completed, he must click on the "Create an Account" link for his registration to be effective. Then an electronic confirmation message is sent to the Member at the address previously provided.

The Member guarantees that the data he communicates is exact, complete and true to reality. He undertakes to regularly update the data communicated in order to ensure its accuracy.

3.4. The Member will only be able to access his account after identification using his username and password.

3.5. By completing the registration form in detail, the Member authorizes SOURCEMIZU to collect and use its information in compliance with the conditions of article 13 of these terms.

Following his registration, the Member has a right to access, modify and delete personal data concerning him, as detailed in article 13 of these terms.

4. ORDERS - SALES CONTRACT

4.1. To place an order, the Customer, after having filled his virtual basket by indicating the Products selected and the desired quantities, then clicks on the "Continue" button, enters his email address if he wishes to place his order "as guest" ( that is to say without connection to an account) or connects to his account if he has created one before ordering, then provides the information relating to delivery and payment method.

Before clicking on the "Buy" button, the Customer can check the details of his order and its total price and return to the previous pages to correct any errors or possibly modify his order.

An email acknowledging receipt and validation of the order and its payment is sent by SOURCEMIZU as soon as possible.

It is specified that it is not necessary to be registered as a Member to order a Product.

4.2. SOURCEMIZU reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

4.3. Any modification of the order by the Customer after confirmation thereof is subject to the express acceptance of SOURCEMIZU.

SOURCEMIZU reserves the right to make changes to the Product ordered which are linked to technical developments under the conditions provided for in article R. 212-4 of the Consumer Code.

4.4. The sales contract is formed when the Customer sends the confirmation of his order. 

5. PRICES

5.1 The prices are understood to include packaging, in Euros inclusive of VAT depending on the VAT in force on the day of the order. The prices are indicated excluding delivery and transport costs, which are invoiced in addition, under the conditions indicated on the Site, and mentioned before the validation of the order. The total amount owed by the Customer is indicated on the order confirmation page, before validation of the latter.

5.2 The selling price of the Product is that in force on the day of the order.

SOURCEMIZU reserves the right to modify its prices at any time, after prior notification to the Customers, subject to current orders. The applicable prices are therefore those in force on the day the Customer places the order.

6. PRODUCTS

6.1. The Products appearing on the Site are the subject of a description established by SOURCEMIZU mentioning the essential characteristics within the meaning of article L 111-1 of the Consumer Code.

This description is established with the greatest possible accuracy. However, the photographs and / or videos are not contractual.

6.2. The Products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.

The Products comply with the prescriptions of French law in force at the time of their placing on the market.

6.3. The Products are offered and delivered within the limits of available stocks.

If the Product ordered is unavailable, SOURCEMIZU immediately informs the Customer and reimburses the sums paid within 30 calendar days of payment of the said sums. The Customer's order will then be automatically canceled.

7. DELIVERY - TRANSPORT

7.1. SOURCEMIZU undertakes to deliver the Products in mainland France and worldwide, to the delivery address indicated by the Customer when ordering, within the period mentioned when ordering or, failing this, no later than thirty ( 30) days after the conclusion of the contract. SOURCEMIZU will inform the Customer by email of the dispatch of the Order.

7.2. The Customer has no choice of delivery method.

7.3. When the Product ordered is not delivered or the service is not provided on the date or at the expiration of the period provided for in article 7.1 above, the Customer may terminate the contract, by registered letter with request for '' acknowledgment of receipt or in writing on another durable medium, if, after having enjoined, under the same terms, SOURCEMIZU to effect delivery of the Product within a reasonable additional period, the latter has not performed within this period .

7.4. SOURCEMIZU cannot be held responsible for an absence or a delay in delivery due to an incorrect or incomplete delivery address.

7.5. The risks of loss or damage to the Products are transferred to the Customer when he takes, or a third party he has designated, physically possession of the Products.

8. PAYMENT

8.1 The Products are payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

- By bank card: Carte Bleue, Visa, MasterCard, American Express card, Discover card, Apple Pay.

8.2. Payment is made on the Site at the time of validation of the order by the Customer.

8.3. Payments in cash or by bank or postal check are not accepted.

8.4. The order confirmed by SOURCEMIZU will be effective only with the agreement of the bank payment centers, subject to the condition of availability of the Product. If the bank refuses, the order will be automatically canceled.

8.5. SOURCEMIZU uses the SSL (Secure Socket Layer) security system, which consists of effectively encrypting all banking information. This system ensures the confidentiality and security of banking transactions.

8.6. Following a payment on the Site, SOURCEMIZU does not keep the banking data of its Customers. The information relating to the bank card used for the payment of the order is destroyed after debit of the amount of the order.

Consequently, the Customer's bank details will be required with each new order.

9. RIGHT TO RETRACT

9.1 In accordance with the legal provisions in force, the Customer has a period of fourteen (14) calendar days from receipt of the Products by the Customer to exercise his right of withdrawal from SOURCEMIZU without having to justify reasons or pay penalties, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition.

9.2 Returns must be made in their original condition and complete (packaging, certificates and labels) allowing their return to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

9.3 The right of withdrawal can be exercised online, using a withdrawal form available in Annex II of the terms of use or any other unambiguous declaration expressing the will to withdraw.

9.4 In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining payable by the Customer. The exchange, subject to availability, or reimbursement will be made no later than fourteen (14) days from the date on which SOURCEMIZU is informed of the Customer's decision to withdraw.

9.5 The right of withdrawal does not apply (i) to Products made according to the Client's specifications, such as Products made to measure, or clearly personalized and (ii) to Products which, due to their nature, cannot be redirected.

9.6. The Products return address is: SOURCEMIZU, After-sales service, 5 rue Antoine de Saint-Exupéry, 69002 Lyon.

10. LEGAL GUARANTEES

10.1 SOURCEMIZU undertakes to deliver Products that comply with the specifications of the contract and the laws and regulations in force in France.

10.2 The Customer benefits from the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged and which do not correspond to the order, and from the legal guarantee of hidden defects, arising from a defect in material, design or manufacturing affecting the Products sold.

10.3 When the Customer benefits from the legal guarantee of conformity or the legal guarantee of hidden defects, the delivery costs will be reimbursed on the basis of the price invoiced by SOURCEMIZU and the return costs will be reimbursed upon presentation of supporting documents.

11. RRESPONSIBILITY

11.1 SOURCEMIZU cannot be held liable (i) in the event of non-compliance with the legislation of the country to which the Products are delivered, which it is up to the Customer to check and (ii) in the event of non-performance or poor performance performance of the contract due either to the fact of the Client, or to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.

12. INTELLECTUAL PROPERTY

12.1. The intellectual property rights relating to the Products and the content of the Site (texts, comments, illustrations, photographs, images, etc.) remain the full and entire property of SOURCEMIZU or the holders of these rights. The Customer is only granted, on a personal, non-exclusive and non-transferable basis, a right to use these intellectual property rights, limited to normal use of the Products, for the life of the Product.

13. PERSONAL DATA

13.1. The answers to the questions in the registration or delivery form are necessary in order to allow the creation of the Member's account and / or the processing and delivery of orders for all Customers.

Member Registration: Answers to the registration form are required to become a Member. Failure to reply will only result in not allowing registration on the Site as a Member.

Orders: Responses to the delivery form are required to finalize an order. Failure to respond will only result in not allowing the order to be finalized.

Replies to the aforementioned forms are confidential and will only be used by SOURCEMIZU for the processing of orders and to personalize information emails and the Site according to the preferences observed by Customers.

The requirement to provide personal data is contractual. The Customer or the Member is required to provide their personal data if they wish SOURCEMIZU to be able to process their order or registration.

The Customer has the possibility of opposing, free of charge, apart from those linked to the transmission of the refusal, and in a simple manner, the use of his contact details, each time a message is sent to him.

To do this, simply send an email to the following email address: contact@sourcemizu.com or a letter to the following address: SOURCEMIZU, After-sales service, 5 rue Antoine de Saint-Exupéry, 69002 Lyon.

In any case, the Customer can always send a request to the addresses indicated above so that the communications in question cease, without having to pay any costs other than those related to the transmission of his request.

13.2. The Site complies with French legislation relating to the protection of privacy and personal data in force.

13.3. In accordance with the law "Informatique et Libertés" of January 6, 1978, as modified by the law of June 20, 2018, the Customer has, at any time:

- a right of access, rectification and erasure of personal data concerning him;

- a right to limit processing;

- a right to object to the processing;

- a right to data portability;

- the right to lodge a complaint with a supervisory authority (CNIL);

- the right to define directives relating to the fate of his personal data after his death.

These rights can be exercised by sending an email to the following email address: contact@sourcemizu.com or a letter to the following address: SOURCEMIZU, After-sales service, 5 rue Antoine de Saint-Exupéry, 69002 Lyon.

The Customer may also, for legitimate reasons, oppose the processing of personal data concerning him.

For more information on SOURCEMIZU's policy regarding the protection of personal data, click on the following link: Click-here

14. APPLICABLE LAW - ATTRIBUTIVE JURISDICTION CLAUSE

14.1 These terms of use and orders are subject to French law.

14.2 For any dispute relating to the interpretation, validity, execution and termination of these terms of use, the Customer may make their complaints to SOURCEMIZU customer service in order to seek an amicable solution.

14.3 In the event of failure of an amicable solution, any dispute relating to the interpretation, validity, execution and termination of these terms of use will be submitted to the competent courts under the conditions of ordinary law.

14.4 The Customer is informed that he can, in any event, submit the dispute relating to these terms of use opposing him to SOURCEMIZU to a consumer mediator:

https://www.economie.gouv.fr/site-internet -mediation-consumption-is-online which will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.

Annex I: PROVISIONS RELATING TO GUARANTEES

-       Article L 217-4 of the Consumer Code:

«The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.»

-       Article L 217-5 of the Consumer Code:

«The goods comply with the contract:

1 ° If it is suitable for the use normally expected of similar goods and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.»

-       Article L 217-12 of the Consumer Code:

«The action resulting from the lack of conformity lapses two years after delivery of the goods.»

-       Article L.217-16 of the Consumer Code:

« hen the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any period of immobilization of 'at least seven days is added to the duration of the warranty which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.»

-       Article 1641 of the Civil Code:

«The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the buyer would not have acquired it, or has not would have given a lesser price, if he had known them.»

-       Article 1648 paragraph 1 of the Civil Code:

«The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.»

Annexe II : MODEL WITHDRAWAL FORM 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Site <www.sourcemizu.com> except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

SOURCEMIZU,

After sales service,

5 rue Antoine de Saint-Exupéry,

69002 Lyon

I hereby notify the withdrawal of the contract relating to the order below:

- Order of "Date"

- Order number:

- Client name :

- Customer address:

Signature of the Client (only in case of notification of this form on paper):