General terms and conditions of sale for products and services proposed by

the Department of Image and Digital Services

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 Department of Image and Digital Services.

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 Department of Image and Digital Services

The Department of Image and Digital Services 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  :  https://www.bnf.fr/fr/reproduction-des-documents

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 Department of Image and Digital Services 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 Department of Image and Digital Services 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 Department of Image and Digital Services 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 Department of Image and Digital Services 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 Department of Image and Digital Services, 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  :

https://www.bnf.fr/fr/reproduction-des-documents

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 Department of Image and Digital Services 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  : https://www.bnf.fr/fr/commander-une-reproduction-avec-une-utilisation-commerciale ,

Upon request from the service managing use fees at utilisation.commerciale@bnf.fr

By phone: 00 33 (1) 53 79 89 10

 

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.

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.

Once it has been validated, the order is firm and definitive.

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 Department of Image and Digital Services.

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 to ‘Département Images et prestations numériques 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 Réaumur – 75104 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.

 

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.

2.4 Cancellation of the 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 3  – Other ordering procedures

For documents that cannot be ordered online, customers can submit their requests to the Department of Image and Digital Services. In return, they will receive an estimate corresponding to their request.

3.1 Admissibility requirements for reproduction requests

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:  :

https://www.bnf.fr/fr/une-question-pensez-sindbad.

3.2  Reproduction order

Requests can be made:

https://achatsreproduction.bnf.fr/views/vel/demande_devis.jsf?AppOrigine=Panier

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 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.

3.3 Rules relating to estimates

Following the request made within the terms set out point 3.2, an estimate is established by the librarians of the Department of Image and Digital Services.

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 to 'Département Images et prestations numériques 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 Réaumur – 75104 Paris Cedex 02

Domiciliation : TPPARIS RGF

IBAN : FR76 1007 1750 0000 0010 0047 610

BIC (SWIFT) : TRPUFRP1

 

To be noted: cash payment is only possible at the Department reception desk (François-Mitterrand Library).

 

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 Images et prestations numériques – 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.

 

For funds transfers, the customer must necessarily notify to his/her bank his/her customer number and his/her order or invoice number.

 

 

3.5 Delivery time and terms

 

The period of time necessary to manufacture the products is indicated on the estimate for each type of product.

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).

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 Department of Image and Digital Services. 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.

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 Department of Image and Digital Services.

4.1 Quality of reproduced documents

Complaints should be sent by e-mail or postal mail to  : reproduction@bnf.fr or Bibliothèque nationale de France, Département Images et prestations num\u00E9riques – 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 Department of Image and Digital Services. The result is at the discretion of the Director of the Department of Image and Digital Services, in the framework of limits of liability set out point 1.3.1.

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 Department of Image and Digital Services at Bibliothèque nationale de France, Département Images et prestations numériques – Service Clients, Quai François-Mauriac, 75706 Paris Cedex 13.

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.

4.2 Reservations concerning the delivery

 

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 Department of Image and Digital Services 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:  :

https://www.bnf.fr/fr/reproduction-des-documents

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.).

 

5.2 Value-added tax (VAT)

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 Department of Image and Digital Services. The VAT is mentioned on the estimate (or the order) and the invoice.

5.3 Shipping costs

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.

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 Department of Image and Digital Services the account number assigned by the company. In that case, the shipping costs are not charged.

5.4 Discounts

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.

Article 9 – Applicable law, settlement of disagreements or disputes

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.

Only the French version of these general terms and conditions of sale shall act as proof.

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).

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.