GENERAL TERMS OF USE

EDITION FROM 18/03/2015

 

General

BLEU JOUR Company is a limited liability company headquartered in Toulouse, 37 Av. Jules Julien, 31400, France and registered with the Register of Commerce in Toulouse under the number B 441 576 048. Its VAT number is FR 29 441 576 048. Customer Service is available by email contact@bleujour.com and by telephone 09 81 07 00 00 for all countries where our Website is accessible. BLEU JOUR Sarl (hereinafter “BLEU JOUR”) operates the www.bleujour.com Website (hereinafter “Website”). By accessing and browsing the Website or Services offered through this Website (hereinafter “Services”) and by using it, Website user (hereinafter “You” or “User”) agree to be bound by these General Terms of Use of the Website (hereinafter “GTU”) in their entirety. If You do not agree to be bound by these GTU, You should not continue to use Website or Services. The current version of GTU is available on Website whenever You use it. These GTU may be modified at any time by BLEU JOUR and without any prior notice. You agree to check GTU regularly to keep You informed of all the latest changes.

Website and Services Use

You agree not to change, modify, copy, reproduce, publish, display, transfer, distribute or sell posters, texts, messages, files, photos, videos, sounds or any other element of Website (hereinafter “Content”), especially texts, images, audio clips or video, for any purpose whatsoever. You agree that You will not undermine or attempt to compromise to the proper functioning of Website or Services, in any manner. Within the limits of these GTU, BLEU JOUR gives You a global license, non-exclusive, non-transferable and limited for access, view and utilization purposes of Website. You hereby agree not to download, display or transfer, through our Website or Services, any content that:

–          Restricts or stops the another individual’s access to Website and/or Services ;

–          Fraudulent, illegal, harmful, abusive, criminal, defamatory, obscene, inflammatory content affecting someone’s privacy ;

–          Constitutes or encourages conduct that would be considered as a criminal offence, give rise to civil liability, infringing upon current law provisions ;

–          Infringe the rights of the other parties, especially concerning patent, trademark, trade secret, copyrights or other proprietary rights ;

–          Contains a virus, malicious software, the website content identification, data mining process, automatic data collection device, automatic extraction tool or other harmful components ;

–          Forms an advertising or promotional content, unsolicited or unauthorised, like spam, email chain, a pyramid scheme or any other form of unauthorized solicitation ;

–          A limited exception is, however, the internal search engine and non-commercial public records used to collect information and create a hyperlink to Website on condition that it provides a fixed IP-address or a range of IP-adresses easily identifiable.

Services

General Services

The aim of this Website is to present and to sell BLEU JOUR products via its online store. The sale of goods shall take place in accordance with BLEU JOUR General Terms and Conditions of Sale (hereinafter “GTCS”) given further down on this page. Please note that if Website is accessible worldwide, the purchase of products offered on our Website is reserved for clients-residents of the territories specified in GTCS. BLEU JOUR reserves the right, in a temporary or definitive manner and in its sole discretion, to develop new Services such as newsletters, emails, instant messaging blogs, discussion forums or other Services on Website.

Customer Chat Service

BLEU JOUR may add a « Chat » service in order to better respond to Your questions or needs (hereinafter “Chart Service”). Any user who accesses the Chat Service agrees to comply with the GTU presented here but also not to post any content (this list is not exhaustive) of violent, racist, anti-Semitic or xenophobic nature, infringing intellectual property rights, privacy rights and/or privacy pledge. BLEU JOUR provides You with a personalised support through Chart Service. BLEU JOUR may make a request regarding Chart Service and You can accept this. Your consent will be registered and all manipulations will concern only this Website and will not affect your computer or another Website. When You use our Chat Service You accept that your messages are registered, in particular for quality control purposes. BLEU JOUR reserves the right to block your access to Chat Service. You allow the publication of the content of your messages and the following rights:

The right to reproduce the content throughout media support, paper, film, optical disk, etc…, and by all forms of graphic art, authorized by all technical procedures and any method of information processing (analogical, digital,…) through computers, cell phones, tablets PCs, etc…, of all types of formats, as well as the right to store, archive or host on the using servers of BLEU JOUR ;

–          The right to communicate the contents to the public by any means of communication and by all types of communication networks, including the Internet, intranet, WAP, I-Mode, Hertzian, cable, telematics and/or digital download, etc…;

–          The right to adapt the content, in any format and framing, caption, text and commentaries, as well as the right to modify the content for the reasons of graphic, format, clarity and/or colour, imposed by technical formats mentioned above.

–          These content-related rights are valid for all languages, for the duration of copyright protection, in accordance with French Law. You are aware that You will not receive any remuneration for these content-publishing.

You guarantee that the content You publish on our Website is original and that it does not infringe intellectual property rights of third-party and here is no minor inconvenience to privacy of anyone else.

Service Modifications, Interruption or Termination

BLEU JOUR reserves the right to stop or partially/entirely restrict your access to the Website, without notice and at its sole discretion, and/or to stop all Services. You acknowledge that BLEU JOUR may do this without any notice or liability to you.

User Account Creation

You may register on our Website to get a personal account (hereinafter “User Account”). User Account provides many advantage. You can:

–          Check on the status of Your Orders ;

–          Keep track of Your previous Orders ;

–          Modify Your Account information ;

–          Change Your Password ;

–          Add alternative delivery address (for your family and friends) ;

–          Subscribe to BLEU JOUR newsletters.

If You have forgotten Your Password, BLEU JOUR may sent You a new one through secure Internet connection to the email address that was provided when You registered on-line. You will be able to login again to modify your Password.

When You register, You accept and undertake:

–          To provide true, accurate and complete information as requested in Registration Form or any other forms You have completed on this Website ;

–          To maintain and update the information provided by BLEU JOUR ;

–          To protect the security of your personal information and your Password ;

–          To accept the responsibility regarding any activities concerning the utilization of Your Username and Your Password.

You are responsible for any loss, damages or additional costs resulting from incomplete or inaccurate information provided by You or for failure to update the provided information when You sign up or at any other time of your utilization of our Website and/or Services.

Website Content

BLEU JOUR undertakes to provide the accurate description and representations of the products presented on Website. BLEU JOUR does not guarantee that the information and graphic content appearing on the Website are complete, accurate, reliable, current or comprehensible all the time.

Our Website may contain typographical errors, inaccuracies or omissions, some of them may be related to price, availability or product characteristics. BLEU JOUR reserves the right to correct those errors, inaccuracies or omissions, even after placing the Order, and to modify and/or update the information at any time, without prior notice.

Intellectual Property

All the Content and all the elements available on Website (texts, images, sounds, etc.) are an exclusive property of BLEU JOUR Company, excluding the user-provided content, and used by BLEU JOUR with the express permission of the copyright holder and/or the trademark rights. These materials may not be reproduced, used or represented without the express permission of BLEU JOUR or third-party owners. You acknowledge and agree that any copyright infringement, trademark rights or other intellectual property right is punishable by civil penalties and/or public prosecutions.

Electronic Data Security Transfer

BLEU JOUR is working towards the highest possible security standards. However, no data transmission over the Internet can be guaranteed to be totally secure. You recognize and accept that all information contained in messages You sent through our Website or Services may be read or intercepted by third parties. Sending an email to BLEU JOUR Company does not create any reciprocal obligations or BLEU JOUR’s responsibility towards You.

Links to Other Sites

The creation and utilization of the Link on Website must have the prior written authorisation of BLEU JOUR Company. However, BLEU JOUR may, without prior notice and in its sole discretion, at any time withdraw temporarily or permanently such permission, in this regard without liability. Our Website may contain links to other websites. For your convenience, BLEU JOUR puts at your disposal and authorises access to these links and takes no responsibility for the content of websites linked to Website. The fact of using website links to enter our Website does not mean that BLEU JOUR approves, endorses, sponsors or recommends these websites. Therefore, BLEU JOUR does not provide any express or implied guarantee for the correctness, legality, reliability or validity of all the content presented on any other website.

Confidentiality / Privacy

BLEU JOUR attaches great importance to respect for your Privacy. BLEU JOUR, in its activities and in accordance with current legislation of France, Europe and around the world, undertakes to ensure the protection the confidentiality and security of users’ personal data.

All your personal information collected by BLEU JOUR during your usage of Website is subject to BLEU JOUR Privacy Policy, which is available by clicking on the “Privacy Policy” link.

Minors

bleujour.com does not sell the products that could be purchased by children (any person under the age of 18). For that reason, products aimed at children should be purchased by adults. If you are under the age of 18, You may only use bleujour.com website with the involvement of a parent or guardian.

Exclusion of responsibility

The responsibility of BLEU JOUR, its representatives, its personnel and of its executives shall not be engaged for damage resulting from your use of the Website and Services and/or from other users’ behaviour. In particular, BLEU JOUR takes no responsibility for any technical, computer or any other damage caused by your use of the Services.

Invalidity

If any provisions of present GTU are found to be void, invalid or unenforceable by any competent court, this provision shall implement to the extent possible so as to reflect the intention of the parties. The other provisions of these GTU shall remain in force without being changed or invalidated in any way.

Jurisdiction and Applicable Law

All litigations relating to the conclusion, interpretation or execution of this General Terms and Conditions of Sale and Service contract are governed by French Law and are within the competence of the Jurisdiction of TOULOUSE Appeal Court.