Terms of Services
Article 1. PREAMBLE – PURPOSE:
The purpose of these Terms and Conditions (hereinafter "TOS") is to describe the conditions of sale and use applicable to the products offered for sale on the website available at http://www.mylifeinabook.com/ (hereinafter "the Site") namely the personalized books (hereinafter "the Book"), made by the company MAVIEFR EURL registered in the RCS under number 909827941 having its headquarters at 44T Rue Jean Burger 57440 Algrange, France (hereinafter "MAVIE")
The placing of an order by the Customer on the Site implies the unconditional acceptance of these Terms.
Article 2. DEFINITIONS:
Customer: means any natural person, acting on his behalf and using the Site to make a custom Book order.
MAVIE: means the company that owns and operates the Site.
Identifiers: refers to the username and password chosen or assigned to a Customer when creating his personal account allowing him to access the Writing Platform.
Parties: means the Customer and MAVIE bound together herewith.
Book: means the book written and personalized by the Customer using the Platform, and formatted and printed by MAVIE according to the Customer’s specifications and subject of the order.
Writing platform: refers to the mylifeinabook.com platform for help writing autobiographical books, integrating the list of inspiring questions, which the Client can answer to write the Book.
Site: refers to the website http://www.mylifeinabook.com/ at the time of the order and all its evolutions.
Personal Data: means all information relating to an identified or identifiable natural person.
Personalization elements: means the texts, photos and generally all elements used to personalize the Books provided by the Customer to MAVIE for the realization of the Book.
Article 3. ORDERS:
3.1 – Ordering – Access to the Writing Platform
The Customer can freely place an order on the Site by filling in the fields of the order form (Last name, First name, Email, Billing and delivery address).
Following the order, the Customer will choose or be assigned Identifiers allowing him to access the Writing Platform. These identifiers are personal and confidential.
Only Customers who have clearly completed the form with all the requested information, have a valid email address, and have consented to these TOS can have Identifiers and passwords to access the Writing Platform.
The Customer undertakes to provide accurate and sincere information, as well as to proceed before each new order to a verification of the Personal Data concerning him, and to make, if necessary, the necessary modifications.
The Customer undertakes to complete the customization of the Book ordered no later than one year after the date of the order taking.
Access to the Writing Platform may terminate at any time and without notice in the event of a breach of the obligations included in these TOS.
Identifiers are personal and confidential. They can only be changed on request of the Customer or at the initiative of MAVIE.
The Customer is solely and entirely responsible for the use of the Identifiers concerning him and undertakes to make every effort to keep them secret and not to disclose them to anyone, in any form and for any reason whatsoever.
The Customer will be responsible for the use of its Identifiers by third parties or for actions or statements made through its personal account, whether fraudulent or not and guarantees MAVIE against any request in this respect.
Moreover, MAVIE is not responsible in the event of impersonation of a Customer. If the customer has reason to believe that a person is fraudulently using identification or their account, they must inform MAVIE immediately.
In the event of the loss or theft of one of the Identifiers concerning it, the Customer is responsible for any harmful consequence of this loss or theft, and must use, as soon as possible, the procedure allowing him to modify them.
In the event that he becomes aware of another person’s access to his personal account, the Customer will immediately inform MAVIE by email at the following address: email@example.com
MAVIE reserves the right to develop the functionality of the Site.
3.2 – Cancellation or modification of the Order.
Once confirmed and accepted by MAVIE, under the conditions described above, the order is not modifiable and cannot be cancelled, except in case of force majeure.
Article 4. PRICE – PAYMENT:
4.1 - Price
Prices are displayed on the Website in USD. They are inclusive of all taxes and include processing, shipping, transport and delivery charges which are free of charge in the USA.
If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are entirely at the Customer’s expense.
The price indicated in the order confirmation is the final price expressed all taxes included and including VAT.
4.2 - Payment
The price is payable in cash, in full on the day the Customer places the order.
The price paid is the consideration for the delivery of the Book.
MAVIE reserves the right to change the price of the Book at any time, however, it being understood that the price appearing in the order confirmation will be the only one applicable to the Customer.
The price invoiced to the Customer is the price indicated on the order confirmation sent by MAVIE, sent by e-mail to the address indicated by the Customer.
The invoiced price is payable in cash by one of the means of payment offered on the Site used on the day of the actual order.
The order validated by the Customer will only be considered effective when the secured bank payment terminal has given its agreement on the transaction.
The invoice for the completed order is sent electronically to the Customer.
MAVIE reserves the right to refuse or cancel any request for access to the Writing Platform in particular in the event of the Customer’s insolvency or in the event of a default of payment.
The Customer will have access to the Book Writing Platform only after payment of the price.
Article 5. CONFIDENTIALITY:
The information transmitted by the Customer when registering and when using the Site is not visible to other Customers or users. They are protected by Identifiers.
MAVIE does not communicate to any third party the Personal Data and Personalization Elements other than the printer which is also bound by a strict obligation of confidentiality.
MAVIE undertakes to make its best efforts to implement appropriate technical and organisational measures to protect Personal Data and Personalization Elements.
Article 6. DELIVERY:
6.1 – Terms
Unless otherwise stipulated, delivery is free in mainland USA. It is deemed to be made at the address indicated by the Customer when ordering on the Site. It is carried out either by direct delivery of the Book to the Customer, or by simple notice of availability, or by issue.
6.2 – Delays
Deliveries are made according to availability and in the order of arrival of orders, normally within seven days after the book is printed. Delivery times are indicated as accurately as possible, but they depend on MAVIE’s supply and transport possibilities.
Delivery delays may not give rise to damages, deductions or cancellations of orders in progress. In the event of a delay in delivery not justified by a case of force majeure or by a fact not attributable to MAVIE, MAVIE will endeavour to find a replacement solution.
Are considered as cases of force majeure, within the meaning of article 1218 of the Civil Code, discharging MAVIE of its obligation to deliver notably but not limited to: war, riot, fire, strikes, accidents, the impossibility of being supplied, legal and regulatory prohibitions, natural disasters, epidemics.
MAVIE undertakes to keep the Customer informed, in a timely manner, of the cases and events listed above. In any case, delivery on time can only take place if the Customer is up to date with its obligations towards MAVIE, whatever the cause.
6.3 – Risks
In all cases, the Books travel at the risk of the Customer, to whom it is up to the Customer to ascertain compliance at all times upon receipt. In case of non-compliance, the Customer must notify the corresponding reservations on the carrier’s slip. He must then confirm these reservations by extrajudicial document or by registered letter with acknowledgement of receipt with the carrier.
Article 7. WITHDRAWAL:
In accordance with the provisions of Article L221-28 3 of the French Consumer Code, due to the customization of the Books according to the Customer’s specifications, the Customer may not exercise its right of withdrawal regarding the purchase of the Books.
Article 8. GUARANTEE:
MAVIE undertakes to make every effort to allow the production of the Book, to have it printed and delivered in the best conditions and in compliance with the Order and the applicable legislation.
MAVIE guarantees the delivery of A5 size books with particularly resistant premium paper and cardboard cover.
MAVIE is only bound by an obligation of means as regards the formatting of the Customization Elements provided by the Customer and the content of the Book ordered.
MAVIE is authorized to outsource the printing of the Book.
MAVIE offers a two-year satisfied or refunded warranty. The Customer undertakes to make his request by contacting the support team at the following address: firstname.lastname@example.org
In accordance with the legal provisions of Articles L 217-4 of the Consumer Code and 1641 of the Civil Code, Books sold on the Site are guaranteed by:
- The legal guarantee of conformity, for the Book apparently defective, damaged or damaged or not corresponding to the order
- The legal guarantee against hidden defects arising from a defect in material, design or workmanship affecting the Book and making it unsuitable for its use
MAVIE’s warranty is, in any event, limited to the replacement or refund of the non-compliant or defective Book.
In order to enforce any of these guarantees, the Customer must inform MAVIE in writing, the non-conformity of the Books within a maximum period of 15 days from the delivery of the Book or the discovery of hidden defects and send by e-mail to MAVIE a good quality photograph of the Book in the state in which it was received.
The warranty does not apply in case of defective use of the Book or deterioration for a cause not attributable to MAVIE.
The refund of the Book deemed non-compliant or defective will be made as soon as possible following MAVIE’s observation of the nonconformity or hidden defect.
The refund will be made by credit to the Customer’s bank account or by bank cheque addressed to the Customer.
Article 9. OBLIGATIONS OF THE CUSTOMER
The Customer guarantees that he is of full age and that no part of his Identifiers or personal data given on the Site in the context of taking orders does not infringe the rights of third parties or is contrary to the law, public order and good morals.
The Client is solely responsible for the entirety of the content it transmits on the Site and on the Writing Platform, the consequences resulting from it and the proofreading of the content of the Book before printing.
Thus, the Customer guarantees not to transmit Elements of personalization and content constituting a violation of intellectual property rights, an attack on persons (including defamation, insults, insults, etc.), respect for privacy, public order and good morals (including apologies for crimes against humanity, incitement to racial hatred, child pornography, etc.). The transmission of said contents is strictly prohibited.
The Customer undertakes to comply in particular with the applicable regulations regarding the collection and processing of personal data (GDPR).
He undertakes not to:
- Use the Site in an illegal manner or under conditions that may damage, disable, overload or alter the Site;
- Use automatic scripts to collect information from the Site or interact with the Site;
- Distribute, publish, or store on the Site content that is illegal or contrary to public order and morality;
- Impersonate another person or entity, falsify or conceal their identity, age or create any false identity;
- Disseminate personal data or information relating to a third party, such as postal addresses, telephone numbers, e-mail addresses, bank card numbers, etc.
In the event of a breach of these obligations, MAVIE reserves the right to take all appropriate measures to put an end to the acts concerned. It reserves the right to delete or remove any content or information it deems inappropriate. It will also have the right to suspend and delete its Identifiers and block access to the Customer’s Site and/or the Writing Platform.
Without prejudice to legal actions brought by third parties, MAVIE is entitled to take any legal action in a personal capacity aimed at repairing the damages it may have personally suffered as a result of the breaches attributable to the Customer under this Agreement.
Article 10. LIABILITY
MAVIE accepts no responsibility for any misuse or illicit use or exploitation of all or part of the content of the Site and the Writing Platform.
The Customer is solely responsible for the accuracy of the information and data communicated in connection with access to the Site and the Writing Platform and Personalization Elements.
The Customer is responsible for proofreading the contents of the book for printing.
The Customer is responsible for the quality of the photographs he imports on the platform, the quality of the printing being directly linked to the quality of the imported photographs.
No complaint may be made by the Customer regarding the content of the book and the quality of the photographs that have been validated after proofreading by the Customer for printing by MAVIE.
With regard to both the Customer and third parties, MAVIE cannot be held responsible if the Personal Data and/or Personalization Elements communicated by the Customer are inaccurate or incomplete.
The Site may contain hyperlinks to other websites that are not owned or controlled by MAVIE. The latter does not exercise any control over the content, the charters of protection of personal data or the practices of third-party sites and declines any responsibility in this regard; MAVIE is not responsible for the availability of these external sites and resources and does not endorse any advertising, products or other materials appearing on these websites or external resources or accessible from them.
MAVIE endeavours to keep the Site accessible 24 hours a day, seven days a week, but is not bound by any obligation of result. MAVIE may therefore interrupt access to the Site and the Writing Platform, particularly for maintenance and upgrade reasons. Access may also be interrupted for any other reason. MAVIE shall under no circumstances be held liable for such interruptions and the consequences that may result for the Customers or any third parties. It is also recalled that MAVIE may terminate or modify the characteristics of the Site at any time, without notice. Under no circumstances can MAVIE be held responsible for any loss or deterioration of this data. Any information or advice provided by MAVIE cannot be interpreted as any guarantee. In addition, hypertext links may lead to a consultation of external websites managed by third parties. On these websites, MAVIE has no control and assumes no responsibility for their content.
MAVIE may not be held liable to the Customer or to any third party for any degradation or interruption of the services attributable to the Force Majeure as defined by the French jurisprudence, or to the fact of a Customer or a third party, as well as the inevitable hazards that may arise from the technology and implementation of the services.
MAVIE may in no case be held liable for any damage, whether under contractual, quasi-tort or in any other capacity, by reason of any action or fact committed after the date of expiry or termination of this Agreement.
Article 11. INTELLECTUAL PROPERTY:
The Site is the exclusive property of MAVIE which therefore holds all the intellectual property rights related to it. All trademarks and intellectual property rights attached to the Site remain its exclusive property.
When, within the framework of this agreement, the Customer commits acts likely to infringe the rights of MAVIE, the latter reserves the right to take all appropriate measures to put an end to these disorders.
If the Customer finds a violation of the aforementioned rights, he is asked to inform MAVIE immediately via email@example.com
The Customization Elements provided by the Customer remain its full and complete property as well as the Book.
The Customer guarantees to have the intellectual property rights on the Customization Elements transmitted to MAVIE or the right to use them as part of the Book’s production.
The Customer guarantees MAVIE against any claims relating to the Customization Elements provided and to any infringement of the rights of third parties.
The sending of its Customization Elements results in the concession to MAVIE of a right of use of these Customization Elements for the sole purpose of realization and delivery of the Book.
MAVIE undertakes to destroy any support of the Customization Elements no later than two years after delivery of the Book and for the sole purpose of allowing new prints of the Book at the Customer’s request.
Article 12. PERSONAL DATA:
MAVIE acts as the data controller. Its registered office is located 44T Rue Jean Burger 57440 Algrange.
The purpose of the processing agreed to by the Customer is to enable MAVIE to perform the obligations entrusted to it by this Agreement and to communicate to it the commercial offers and innovations of MAVIE.
The Personal Data collected herein are in particular the following: surname, first name, photograph, electronic, postal and telephone coordinates.
The Personal Data thus collected will be kept during the entire period of contractual relations between the Customer and MAVIE, as well as for one year following the end of this relationship. At the end of this period, the Personal Data collected will be automatically destroyed.
The Customer is informed that the Personal Data collected by MAVIE is not transferred outside the European Union and that they are stored in a secure environment.
The Customer has rights of access, rectification, erasure and opposition to his Personal Data. The Customer may therefore require that the information concerning him be rectified, completed, clarified, updated or deleted at any time. The Customer also has the right to the portability of his Personal Data.
On the other hand, as regards the Personal Data transmitted as part of the Personalization Elements, the Customer will not be able to obtain their withdrawal from the Book once the Book has been printed.
For the exercise of its rights on the Personal Data set out below, the Customer may send a request to MAVIE, by post to 44T Rue Jean Burger 57440 Algrange or by e-mail to firstname.lastname@example.org.
In the event of non-compliance with the present provisions or the legislation in force regarding the protection of personal data, the Customer has the possibility to contact the National Commission Informatique et Libertés (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00
In the event of termination of this agreement on the initiative of the Customer and provided that he expressly requests it by any means, the Personal Data concerning him will be deleted without delay by MAVIE.
Article 13. AMENDMENT AND DURATION OF THE CONTRACT:
These TOS take effect from their publication on the Site and remain in force until their partial or total modification by MAVIE.
MAVIE reserves the right to modify them at any time.
The Customer undertakes to complete the customization of the Book no later than one year after the date of the order.
Article 14. SEVERABILITY OF CLAUSES:
In case of nullity of any clause of these TOS, it will be deemed not written but will not affect the validity of the other clauses.
Article 15. APPLICABLE LAW AND JURISDICTION:
These TOS are subject to French law.
Disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of these TOS may be subject to consumer mediation. However, the Customer remains free to accept or refuse the use of consumer mediation.
The Client can access the list of consumer mediators via the following link: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
Parties may also visit the European Dispute Settlement Platform via the following link:
The solution proposed by the mediator is not binding on the Parties.
Any dispute between the Parties arising in connection with the interpretation or enforcement of this Agreement which could not have been settled amicably or by means of mediation shall be brought before the competent courts within whose jurisdiction the domicile of the defendant is situated. or the place of execution of the TOS.