TERMS AND CONDITIONS OF SALE

Last updated: 18 March 2026

Our Customer Service team is available to assist you and answer any questions you may have by telephone on +33 (0)6 89 54 26 13, via our website www.mysmartbook.fr (the “Website”), or by email at contact@mysmartbook.fr (no additional charge on our part: free service, excluding the cost of a local telephone call or Internet connection).

1. General Principles

These Terms and Conditions of Sale (the “Terms”) govern all sales carried out by MY SMART BOOK (the “Bookstore”), a simplified joint-stock company (Société par Actions Simplifiée) with a share capital of €1,000, registered with the Nanterre Trade and Companies Register under number 989 655 246, whose registered office is located at 4 Avenue Laurent Cely, 92600 Asnières-sur-Seine, France (SIRET No. 989 655 246 00019 – VAT No. FR32989655246), through its Website. These Terms are permanently available online and may also be provided to you by email upon request.

Acceptance of these Terms without reservation is requested after you have read them, by ticking the corresponding checkbox. Such acceptance is technically required in order to place an order. We reserve the right to amend these Terms at any time. The Terms applicable to an Order are those in force on the date on which that Order is confirmed.

2. Definitions

The following terms, when capitalised in these Terms, shall have the meanings set out below:

• Terms: these Terms and Conditions of Sale, as amended and in force;
• Customer Account: an account created on the Website in the Customer’s name;
• Customer: any consumer purchasing Products on the Website;
• Order: a purchase request submitted and validated by the Customer prior to payment;
• Agreement: the electronic sales contract concluded through the Website following confirmation of the Order and payment;
• Ebook: a digital file representing a literary work in electronic format, including ebooks, audiobooks and/or Smartbooks;
• Bookstore: MY SMART BOOK, as identified above;
• User Licence: the licence governing the use of Ebooks;
• TPMs: the Technical Protection Measures implemented by publishers and distributors of Ebooks;
• Products: the goods and services offered for sale on the Website;
• Website: www.mysmartbook.fr;
• Territory: the country or countries in which distribution is authorised by the publisher, as specified in the Product description;
• User: any person browsing the Website, whether or not they make a purchase.

3. Representations and Warranties

These Terms supplement, without replacing, the following separate documents:

• our Legal Notice, identifying the publisher and hosting provider of the Website;
• our Privacy and Cookie Policy;
• our Website Terms of Use (“Terms of Use”).

To place an Order, you must be at least 18 years of age, not be subject to any legal prohibition or restriction preventing you from entering into electronic commerce transactions, read and acknowledge the above documents, and review the characteristics and conditions applicable to the Products you intend to purchase. You represent that all information you provide is accurate and complete and shall bear sole responsibility for the consequences of inaccurate or misleading information. You further warrant that you have full legal capacity to purchase the Products ordered and to pay the corresponding purchase price under the stated conditions. You agree to receive communications from us by email. Unless proven otherwise, such communications shall be deemed received on the date they are sent to the email address that you have provided in good faith and without identity fraud.

4. Products

4.1 Product Characteristics

The essential characteristics of the Products are described in the product information sheets available on the Website. These characteristics may be updated from time to time. The Products mainly consist of digital files corresponding to electronic versions of literary works or printed books (Ebooks), audio recordings or narrations thereof (Audiobooks), and interactive conversational ebooks (Smartbooks). Photographs, illustrations, promotional visuals and any descriptive information that is not technical or numerical, whether displayed on the Website or in brochures, catalogues or other promotional materials, are provided for information purposes only. In the event of any discrepancy between such photographs, illustrations or descriptions and the Product actually supplied, the Bookstore shall not incur liability.

4.2 Availability

Our Products are offered for sale in France and may be ordered subject to availability, which is checked several times each day. Should a Product become temporarily or permanently unavailable, we will endeavour to inform Users as soon as reasonably possible via the Website.

5. Prices

The retail price of digital books is regulated in France, notably by Law No. 2011-590 of 26 May 2011, which requires publishers to set the public selling price of eligible digital books, subject to certain exceptions depending in particular on the nature of the offering and the applicable access or licence conditions. The prices of the Products are displayed on the Website. Prices may be changed at any time, primarily at the initiative of publishers or as a result of changes in taxes, duties or other governmental charges. We reserve the right to amend our prices at any time and automatically apply any change in applicable taxes or VAT rates. Once an Order has been confirmed, its purchase price is final and may not subsequently be modified. All prices are stated in euros and include VAT at the rate applicable on the date of the Order. The Order summary reflects all discounts granted.

6. Ordering Process

6.1 Orders

To purchase Products from the Bookstore, select the Product or Products of your choice from those available on the Website and add them to your shopping cart. The shopping cart provides a detailed summary of your intended purchase, allowing you to review, modify, remove or confirm its contents before completing your Order. An Order may only be confirmed after you have read, understood and accepted the Terms of Use, these Terms, the applicable prices, quantities, fees and taxes, and the User Licence governing the Products ordered. Once validated, your Order constitutes a binding offer to purchase. The Order is then submitted to the Bookstore for acceptance. The sales contract is formed only when we make our Order confirmation available to you. We recommend retaining a copy of the Order confirmation on a durable medium, whether electronic or printed.

6.2 Pre-orders

Certain Products may be offered for pre-order before their official release or public availability. The ordering procedure is identical to that applicable to standard Orders. You will be informed when the pre-ordered Product becomes available at the price displayed at the time of the pre-order and of any significant anticipated delay or difficulty. You may cancel a pre-order at any time before the Product is made available under the agreed conditions.

6.3 No Right of Withdrawal for Immediate Supply of Digital Content

Pursuant to Article L221-28 (13°) of the French Consumer Code, the statutory right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium where performance has begun before the expiry of the withdrawal period, provided that the consumer has expressly consented to such early performance, acknowledged that this results in the loss of the right of withdrawal, and the trader has provided confirmation of that consent in accordance with Article L221-13 of the French Consumer Code.

“You acknowledge that performance begins before the expiry of the withdrawal period and that you therefore lose your statutory right of withdrawal.”

Accordingly, where you expressly request that the digital book or books be supplied immediately upon validation and payment of your Order, you expressly waive your statutory fourteen-day withdrawal right. Confirmation of this waiver will be sent to you and retained by the Bookstore on a durable medium. No request for withdrawal, cancellation or refund shall be accepted once immediate performance has commenced.

6.4 Cancellation or Refusal of Orders

The Bookstore sells its Products exclusively through the Website, on a retail basis and solely to end consumers within the territories authorised by publishers. We reserve the right to refuse or cancel any Order that falls outside this framework, fails to comply with territorial restrictions, appears fraudulent or presents objectively suspicious circumstances under applicable laws and regulations. Where appropriate, you will be informed using the contact details provided when placing the Order.

The Bookstore shall not be liable for cancellation of an Order or for postponement or cancellation of the release of a Product. Where applicable, we will notify you as soon as reasonably possible and reimburse any sums paid for the unavailable Product or pre-order. Such reimbursement shall constitute your sole remedy and no additional compensation or damages shall be payable. Accepted Orders are archived together with the applicable version of these Terms on a durable medium.

6.5 Payment and Transaction Security

6.5.1 Payment by Credit or Debit Card

Orders must be paid exclusively in euros. The Website uses the Worldline 3-D Secure payment solution. The payment methods currently accepted are Carte Bleue, Visa, Mastercard and Bancontact. This list may change. We reserve the right to restrict the use of cards issued outside France. As a general rule, only cards issued in France, the French Overseas Territories, Belgium and Switzerland may be accepted. For security purposes, you will be required to provide the card verification value for each transaction. You may choose to store your card information securely with Worldline in accordance with its own terms and privacy policy.

6.5.2 Payment Security – General Provisions

The Bookstore relies on the secure payment services provided by Worldline. Payment security is based on strong customer authentication and the confidentiality of banking information. Worldline uses recognised encryption technologies and complies with applicable banking regulations. You represent that you are legally authorised to use the selected payment method and that sufficient funds or credit are available to pay the full amount of your Order. We reserve the right to suspend, refuse or cancel any Order in the event of payment failure, partial payment, suspected fraud, attempted fraud or any other payment-related irregularity. Information relating to your Order may be communicated to third parties for payment verification and fraud prevention purposes in compliance with applicable data protection legislation.

6.6 Delivery

Ordered Products are delivered by providing download links and/or access allowing you to consult the digital content. Such provision constitutes full delivery of the Product. Delivery generally takes place within a few minutes following conclusion of the sales contract. A Product shall be deemed not to have been properly delivered if, for reasons attributable to the Bookstore, it cannot be downloaded or accessed under the technical standards and industry practices applicable at the time of delivery, including in the case of corrupted files, files that do not correspond to the Order or technical errors preventing normal access. Should such an issue arise, please contact Customer Service using the details provided at the beginning of these Terms.

6.7 Cancellation of Orders – No Right of Withdrawal Following Delivery

Pre-ordered Products. A pre-order may be cancelled through the Website, in whole or in part, provided that the relevant Products have not yet been delivered.

Delivered Products. As explained in Section 6.3, the statutory fourteen-day withdrawal period does not apply where digital content has been supplied immediately following the Customer’s express request and waiver of the right of withdrawal. Given the nature of digital Products, once delivered they cannot be returned or exchanged. Where a Product cannot be delivered correctly and a refund is justified, reimbursement shall be made using the same payment method originally used for the purchase, as soon as reasonably practicable and no later than thirty days after approval of the refund request.

7. Statutory Guarantees for Defective Digital Content

Without prejudice to the provisions relating to the right of withdrawal where applicable, Customers benefit from the statutory warranties provided under French law concerning defective or non-conforming digital content. If a Product is defective, please contact us using the email address indicated at the beginning of these Terms.

Lack of Conformity

Under Articles L217-8 et seq. of the French Consumer Code, a consumer may request that a defective Product be brought into conformity by repair or replacement within twenty-four months of delivery, free of charge and within a maximum period of thirty days, where the Product does not meet the legitimate expectations of an average consumer. Where repair or replacement is impossible or disproportionate, the consumer may obtain an appropriate reduction in price or termination of the sales contract. Where a Product is repaired, the statutory warranty is extended by six months. Where a Product is replaced, a new statutory warranty period begins. If the contract is terminated, reimbursement shall be made within fourteen days using the original method of payment.

Hidden Defects

Consumers may also rely upon the statutory warranty against hidden defects under Articles 1641 et seq. of the French Civil Code. Where such a hidden defect renders the Product unfit for its intended purpose, or substantially reduces its usefulness, the consumer may choose either rescission of the sale or a proportionate reduction of the purchase price.

8. Liability

The Bookstore shall not be liable for indirect damage arising from the purchase of the Products. The Bookstore shall likewise not incur liability where its obligations cannot be performed due to force majeure, governmental action or any other event beyond its reasonable control. In any event, unless otherwise required by mandatory provisions of law, the Bookstore’s aggregate direct liability shall not exceed the net amount actually paid by the Customer for the Product or Products giving rise to the claim.

9. Intellectual Property

9.1 Website Content

With respect to access to the Website and its content and Products, you are referred to our Privacy and Cookie Policy, which forms an integral part of these Terms by reference.

9.2 Copyright

You expressly acknowledge that digital books contain works protected by intellectual property rights and undertake to respect those rights. Products offered on the Website are intended exclusively for your personal, private and non-commercial use. Except where expressly permitted by law, reproduction, adaptation, public communication, resale, rental, exchange, transfer to third parties or making available, whether free of charge or for consideration, are prohibited.

Digital books purchased from the Website are protected by Technical Protection Measures, also referred to as Digital Rights Management systems. These systems control the use and, in particular, copying of digital books while permitting lawful private use. You undertake not to circumvent, disable, interfere with or otherwise compromise any Technical Protection Measure applied to the Products. Such measures are protected under French Law No. 2006-961 of 1 August 2006 relating to copyright and related rights in the information society. Any attempt to circumvent them may expose you to civil and criminal penalties. More generally, any use of the Products outside the scope authorised by these Terms may constitute copyright infringement. Digital books distributed through ePagine are protected exclusively by Watermark protection, Adobe DRM or EDRLab-certified Readium LCP DRM, to the exclusion of any proprietary closed ecosystem.

9.3 End User Licence

Where applicable, each Product is supplied together with an end-user licence granted directly by the publisher of the relevant digital book. Under this licence, the publisher grants you, as the end user, a personal, non-exclusive and non-transferable licence to use the purchased digital book or books in consideration for payment to the Bookstore of the corresponding usage rights. The scope of the licence is limited by the Technical Protection Measures applied to the digital books. The applicable licence is described in the Product information page. Where no specific licence is provided, the licence set out in the Appendix to these Terms shall apply.

10. Miscellaneous Provisions

10.1 Good Faith

The Bookstore and the Customer undertake to act at all times in good faith and in an economically viable and reasonable manner, taking into account the relevant context and circumstances.

10.2 Severability

Should any provision of these Terms be declared invalid, illegal or unenforceable by applicable legislation, regulation or a final decision of a competent French court, the remaining provisions shall remain fully effective. Where necessary, the invalid provision shall be replaced by a lawful provision that most closely reflects its original intent.

10.3 No Waiver

Failure by either Party to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it at a later date.

10.4 Personal Nature of the Licence

The agreement for the supply of each ebook and the related licence are strictly personal and may not be assigned, sublicensed, transferred or otherwise made available to any third party.

11. Dispute Resolution

11.1 Governing Language, Intended Audience and Applicable Law

These Terms are drafted in French. The French version alone shall be legally binding, even where translations are made available for convenience. These Terms are intended for customers located in France and are governed exclusively by French law, without reference to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.2 Mandatory Amicable Resolution Procedure

In the event of any dispute relating to these Terms, their validity, interpretation, performance or consequences, you agree to contact the Bookstore in good faith in order to seek an amicable settlement. To this end, you must provide a complete, substantiated and documented description of your claim. If no amicable solution is reached within one month following receipt of the complete file or the final document completing it, the dispute shall be deemed unresolved.

Consumer mediation. If you are acting as a consumer, you may refer the dispute to CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France, telephone +33 (0)1 89 47 00 14, website https://www.cm2c.net/declarer-un-litige.php, email litiges@cm2c.net, after first notifying us in writing. Consumer mediation is one of the Alternative Dispute Resolution mechanisms available under French law. In the event of a cross-border dispute within Europe, consumers may also contact the European Consumer Centre.

11.3 Jurisdiction

Any unresolved dispute may be submitted to the competent French courts in accordance with applicable procedural rules. If you are a consumer residing in metropolitan France, jurisdiction shall lie with the court of your place of residence or, at your option, the court of the place where the Product was delivered. If you reside outside metropolitan France, the Website is considered passive for jurisdictional purposes and any proceedings brought against the Bookstore shall be brought before the Judicial Court of Nanterre, where the Bookstore has its registered office. In all other cases, exclusive jurisdiction shall lie with the Commercial Court of Paris, including for preparatory, interim, emergency, summary or protective proceedings.

APPENDIX – END USER LICENCE AGREEMENT

This End User Licence Agreement is entered into between the publisher of the digital book and the end user.

The publisher grants the end user a personal licence to use the relevant digital book or books in consideration for payment by the end user to the Bookstore of the corresponding usage rights, strictly within the limits and conditions resulting from the Technical Protection Measures applied to those digital books.

COPYRIGHT PROTECTION

The content of the digital books ordered, together with all materials reproduced on the download platform, including texts, comments, illustrations and images, is protected by French and international intellectual property laws.

The works made available and purchased through the download platform are intended exclusively for the end user’s personal, private and non-commercial use. Except where expressly authorised by law, any reproduction, adaptation, public communication, resale, exchange, rental or transfer to a third party is prohibited.

MY SMART BOOK draws the end user’s attention to the fact that digital books are protected against unauthorised copying by Technical Protection Measures. Before payment, MY SMART BOOK provides information regarding the hardware and software requirements necessary to download and consult the digital book.

Digital books protected by such measures cannot be transferred freely between electronic devices beyond the limits permitted for lawful private digital copying.

The End User undertakes to respect the rights of authors, performers and publishers and agrees not to circumvent, disable or interfere with any Technical Protection Measure applied to the downloaded digital books.

Any use outside the scope authorised by these Terms constitutes an act of copyright infringement and may expose the End User to civil or criminal proceedings under applicable law.