GENERAL TERMS AND CONDITIONS OF SALE APPLICABLE
TO SALES TO CONSUMERS
B to C
Last updated: 01/03/2025
ARTICLE 1: SCOPE
These General Terms and Conditions strictly and fully govern all sales made in France by BLEU JOUR, as identified at the bottom of this document, for the benefit of the Client as defined below. BLEU JOUR and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties." Any order placed with BLEU JOUR implies that the Client has read and accepted these General Terms and Conditions. The Client's acceptance is evidenced by ticking the box next to the statement "I have read the General Terms and Conditions of Sale and accept them without reservation. (Read the General Terms and Conditions of Sale)" when placing the Order, after verifying the order summary. These General Terms and Conditions of Sale govern all stages of the sales process, from placing the Order to product warranty, including payment, Delivery, and the Client's right of withdrawal. BLEU JOUR reserves the right to modify or adapt these Terms and Conditions at any time without prior notice, particularly to comply with legal and regulatory provisions. The Terms and Conditions applicable to each Order are those in force on the date of the Client's final Order validation. In accordance with Articles L.221-5 et seq. of the French Consumer Code, the Client acknowledges having been clearly and comprehensibly informed, prior to concluding the contract, of the essential characteristics of the Products, the price, delivery fees, payment and delivery methods, the existence of the right of withdrawal, and the identity and contact details of the seller.
ARTICLE 2: DEFINITIONS
"Client" means any natural person of legal age who has the legal capacity to enter into a contract and qualifies as a consumer under the French Consumer Code, i.e., a natural person acting for purposes outside their commercial, industrial, artisanal, liberal, or agricultural activity. "Order" means any purchase offer made by the Client for any Product offered by BLEU JOUR on its Website or through any other means, including direct contact with BLEU JOUR's sales department. "Account" means the Client's account used to place Orders for Products offered for sale by BLEU JOUR on its Website. "Delivery" refers to the handover of the ordered Products either to the Client, a third party designated by the Client, or a carrierdesignated by the Client. "Product" refers to all items and accessories offered for sale by BLEU JOUR on its Website. "Website" refers to the infrastructure developed by BLEU JOUR and accessible at https://www.bleujour.com.
ARTICLE 3: ORDERS
3.1. Ordering via the Website
Product Description The essential characteristics of each Product are indicated on its product sheet, which may be modified or removed by BLEU JOUR at its discretion, based on the evolution of its range, the characteristics of the Products it offers for sale, and its stock levels.
Product availability is guaranteed from the time of confirmation of the order. The Client is informed that a selected Product may become unavailable at the time of confirmation due to a concurrent Order from another party. In such cases, Order confirmation will not be possible for the affected Product.
The unavailability of a Product is indicated on its product sheet.
Account Creation To place an order on BLEU JOUR’s Website, the Client must first create an account by completing the information form including their full name, phone number, email address, billing and shipping addresses, and a chosen password.
To finalize account creation, the Client must accept the Website’s Terms of Use and acknowledge the Privacy Policy.
Passwords are personal and confidential. The Client is fully responsible for the use and security of their password. The Client agrees to take all necessary measures to keep their password confidential and not to disclose it. To preserve the confidentiality of the password, the Client is encouraged to log out after each order.
Any loss or accidental disclosure of information that may allow a third party to access the Client’s password must be immediately reported to BLEU JOUR in writing, so BLEU JOUR can reset the credentials. BLEU JOUR cannot be held liable for damages resulting from the loss or disclosure of a client’s password.
In case of a forgotten password, the Client may reset it via the "Forgot Password?" link; a reset email will be sent to the email address associated with their Account.
Order Process Clients may place Orders for Products listed on BLEU JOUR’s Website.
Each Product available on BLEU JOUR’s Website has a product sheet with photographs and main technical characteristics. As the visual representation may differ from the actual Product, the photographs are for illustrative purposes only. Only the technical description is contractually binding.
Based on available references on the Website, the Client selects the desired Products by clicking "Order."
At any time during the order process, the Client may view and modify the contents of their Order by clicking "My Cart."
After reviewing the contents of their Order, the Client finalizes the Order by clicking "Complete My Order."
To validate the Order, the Client must log into their Account using their email and password.
To complete the Order, the Client must verify the Order summary, accept the Terms and Conditions, and provide payment details.
The Order is considered final and binding only once validated, including payment by the Client. Until final validation, the Client may cancel or modify the Order at any time.
Once validated, the Order is registered by BLEU JOUR. A confirmation email is sent to the Client summarizing the Order.
3.2. Phone Orders
Clients who prefer to order through BLEU JOUR’s Customer Service may call +33 (0)9 81 07 00 00.
Upon receiving the Order, Customer Service will request the necessary information to process payment over the phone only. Banking details must not be sent by email or through the contact form.
The Order details and conditions will be emailed to the Client without delay.
3.3. Order
Follow-up Any changes to an Order after validation require prior written agreement from BLEU JOUR, which may result in adjustments to the price and delivery schedule.
Subject to timely notice, BLEU JOUR reserves the right to refuse any Order for legitimate reasons, especially: • If the quantity of Products ordered is unusually high for a consumer; • If the Order is from a Client with an unpaid prior Order or ongoing dispute; • If Delivery is requested to an address other than the Client’s registered residence, to prevent fraud.
Any Order placed in bad faith, fraudulent, or involving a payment incident may result in account suspension and/or Order refusal.
3.4. Pre-orders
Some Products may be advertised in advance on the Website. Clients may express interest by selecting the Product.
This does not constitute an Order, but the Client will be informed once the Product becomes available and may then proceed to place an Order.
ARTICLE 4: RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has the right to withdraw from the Order within fourteen (14) calendar days from the date of Delivery.
If this period ends on a Saturday, Sunday, or public holiday, it is extended to the next working day.
Under Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for certain Products due to their customization or, in the case of software, once unsealed. Such Products will be specifically identified in the Order summary.
The Client may be held liable in the event of depreciation of the Product resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product.
In particular, the Client agrees to take special care in packaging the returned Product. All Products must be returned in their original box and packaging, including all accessories provided, such as power supplies, installation manuals, tools, cleaning cloths, etc.
If the returned Product is damaged, BLEU JOUR reserves the right to deduct repair costs from the amount to be refunded to the Client.
For administrative purposes, Products returned under the right of withdrawal must follow the steps below: • Print the return authorization email and the carrier label or the withdrawal form provided at this link; • Place the original box(es) into the shipping carton along with the BLEU JOUR return form and the original invoice; • Securely seal the shipping carton.
The Client must return the Products within fourteen (14) days of notifying BLEU JOUR of their intention to exercise the right of withdrawal.
BLEU JOUR will process the refund no later than fourteen (14) days from receipt of the returned Product or proof of shipment, whichever occurs first.
The refund will be made using the same payment method as the original transaction, unless the Client expressly requests otherwise.
In accordance with Article L.221-23 of the French Consumer Code, the Client shall bear the direct cost of returning the Product(s).
ARTICLE 5: PRICES
Prices shown on the Product pages are indicated in euros, inclusive of all applicable taxes in mainland France, excluding delivery charges. Delivery charges are automatically calculated based on each Order and displayed in the Order summary prior to final confirmation.
Any Order delivered outside mainland France may be subject to local taxes, customs duties, or import fees at the time of Delivery. These are the responsibility of the Client. It is the Client’s responsibility to contact the appropriate local authorities in the destination country for further information.
BLEU JOUR reserves the right to modify its prices at any time without prior notice. Any new tax or charge that may be created or modified, whether increased or decreased, may also be reflected in the Product sale price by BLEU JOUR.
Nevertheless, the price invoiced and payable by the Client will be the one in effect at the time of the final Order confirmation. No change to the payable price may occur after the Client’s confirmation.
ARTICLE 6: PAYMENT
The total amount (including Delivery charges) of the Order is shown in the Order summary as validated by the Client and in the confirmation email sent to the Client.
The Client may pay for their Order using the following methods:
By bank card: BLEU JOUR accepts French CB and Visa cards, as well as international Eurocard, Mastercard, and American Express cards. Any other cards will be refused.
Payments are secured through the 3-D Secure protocol. 3-D Secure, marketed as Verified by Visa and MasterCard Secure Code, is a secure online payment protocol designed to reduce Internet fraud by verifying the cardholder’s identity.
By PayPal: The Client is invited to visit the website Paypal.fr for full details on this payment method.
By cryptocurrency through our partner XMONEY: For more information on this payment method, please consult the website of our partner https://xmoney.com (English only).
Payments in cryptocurrency are non-reversible and do not allow for full or partial refunds through the same payment method. In the event of a withdrawal or refund, the reimbursement will be made by bank transfer in euros, subject to the Client’s agreement.
In accordance with applicable regulations, BLEU JOUR does not store the Client’s banking details. Only BLEU JOUR’s payment terminal managers—CIC, REVOLUT, and STRIPE—have access to this information. It is the Client’s responsibility to save and print the payment certificate to retain a record of the transaction.
The Client may opt, in their Account settings, to receive invoices electronically. Invoices will be made available in PDF format in the “Your Account” area. For each Order, the shipment confirmation email will mention the availability of the electronic invoice. At any time, the Client may request a paper copy of the invoice from Customer Service.
ARTICLE 7: DELIVERY
Delivery in France: Deliveries are made to the Client’s residence or to the address specifically indicated by the Client when placing the Order.
The delivery location and estimated date are specified in the Order Confirmation.
In the absence of force majeure, if the delivery period is exceeded and BLEU JOUR fails to deliver within a reasonable time and no later than thirty (30) days after contract conclusion, the Client may cancel the contract and request a refund, provided that BLEU JOUR has been formally notified of the delay by registered letter with acknowledgment of receipt or by email.
BLEU JOUR will refund the full amount paid within fourteen (14) days following cancellation.
Delivery outside France: It is the Client’s responsibility to check with the local authorities of the destination country for any restrictions on the import or use of the products or services they plan to order.
The Client is informed that cross-border deliveries may be opened and inspected by customs authorities.
Upon receipt of the Products, the Client must verify the condition of the packaging, the number and contents of the packages, and the condition of the Products. Any issues with the Delivery (damage, missing product, damaged packaging, broken items, etc.) must be noted by the Client on the delivery note in clear, precise, and complete handwritten remarks in the presence of the carrier.
The Client must also confirm the issue by sending a registered letter with acknowledgment of receipt to the carrier within three days of Delivery.
A copy of this letter, along with the delivery note containing the remarks, must also be sent by registered mail with acknowledgment of receipt to BLEU JOUR as soon as possible for further processing.
BLEU JOUR informs the Client that some Products may contain technologies and software subject to U.S. and EU export control laws and to the laws of the country in which they are delivered or used. Under these laws, the Products may not be sold, leased, or transferred to restricted users or countries.
ARTICLE 8: PRODUCT WARRANTY
8.1 Legal Warranties Independently of any commercial warranty, BLEU JOUR is liable for defects in conformity of the goods under Articles L.217-3 to L.217-20 of the French Consumer Code and for hidden defects under Articles 1641 to 1649 of the French Civil Code.
The Client: • Has a period of two years from delivery of the goods to invoke the legal warranty of conformity; • May choose between repair or replacement of the non-conforming Product. If these options are not feasible or are disproportionate, the Client may request a price reduction or cancellation of the contract; • Is not required to prove the existence of the lack of conformity during the 24 months following delivery.
This legal warranty applies independently of any commercial warranty that may have been granted.
8.2 Commercial Warranty In addition to the legal warranties, BLEU JOUR offers a commercial warranty under the following terms: • BLEU JOUR guarantees that the Products conform to their descriptions and covers conformity defects for the duration specified for each Product; • BLEU JOUR’s obligations under the warranty require proper use of the Products and do not cover alterations or repairs made by third parties; • BLEU JOUR does not guarantee the Product's suitability for a particular purpose or any performance level not specified in the Product description; • The warranty does not cover damages caused by external factors such as shocks, humidity, power surges, exposure to heat, dust, debris, pet hair, smoke, or use in unstable environments or unauthorized modifications; • BLEU JOUR repairs Products using new or equivalent parts in accordance with industry standards; • The warranty is provided in France, by returning the Product to BLEU JOUR; • The warranty excludes third-party parts or any servicing, repair, or maintenance done by unauthorized personnel.
BLEU JOUR commits to repair and/or replace Products in accordance with applicable laws, prioritizing the Client’s choice unless this option is clearly disproportionate (Article L.217-9). BLEU JOUR will do its best to ensure timely service, subject to parts availability and shipping conditions.
Returns must be preceded by an email from BLEU JOUR including return reference numbers to be included in the package. Early returns may result in delays due to the absence of identifiers.
Before sending the Product back or requesting BLEU JOUR’s intervention, the Client must remove any non-BLEU JOUR items and back up stored data.
8.3 Warranty Exclusions The Client cannot invoke any warranty if: • The defect was apparent and not reported under the right of withdrawal; • The damage occurred during transport by a third-party carrier selected by the Client (Article L.216-5); • The damage results from abnormal use; • The Product was altered, adapted, or repaired without BLEU JOUR’s consent.
ARTICLE 9: LIABILITY
BLEU JOUR is fully liable to the Client for the proper performance of obligations resulting from the Order.
However, BLEU JOUR cannot be held liable in cases where failure to perform is due to the Client, an unforeseeable and unavoidable event caused by a third party, or a force majeure event, as recognized by French law and case law.
BLEU JOUR shall not be held liable for any damages, whether material or immaterial, direct or indirect, resulting from misuse or unauthorized modifications of the Product.
The Client is solely responsible for how they use the Product. BLEU JOUR is not liable for any legal violations or infringements on third-party rights resulting from such use.
ARTICLE 10: SOFTWARE
10.1 Operating Systems Unless otherwise specified by the Client, BLEU JOUR provides Products with a preinstalled operating system as described in the Product sheet. The operating system is the property of a third-party publisher and is subject to a license the Client must accept.
BLEU JOUR is not the publisher of the system and provides no warranty. In case of issues, the Client must contact the system’s publisher directly.
BLEU JOUR is not responsible if the system is used outside the territory covered by its license.
10.2 Software and Applications Likewise, any software or application provided by BLEU JOUR is and remains the property of the relevant publisher. Use is governed by a license agreement between the Client and the publisher.
BLEU JOUR offers no warranty regarding these programs and cannot be held liable, except for proven damage to the support provided.
It is the Client's responsibility to ensure compatibility between the software and their existing equipment. For assistance, the Client may contact BLEU JOUR Customer Service.
ARTICLE 11: INTELLECTUAL PROPERTY
All intellectual property rights relating to the Website and/or Products—including copyrights, trademarks, patents, designs, database rights, and any other related rights—remain the exclusive property of BLEU JOUR or, in the case of licensed technologies, their respective authors/owners.
In accordance with Article L.342-1 of the French Intellectual Property Code, BLEU JOUR prohibits any extraction or reuse of all or part of the Website’s content.
The Client acknowledges these intellectual property rights and agrees not to challenge or limit them in any way.
Any use, distribution, or reproduction of Website content or BLEU JOUR Products for purposes beyond personal use must be requested in writing via BLEU JOUR’s headquarters or email: contact@bleujour.com.
The Client may not commercially exploit the Website or grant any license or rights to third parties without BLEU JOUR’s prior written consent, which may be subject to a fee.
ARTICLE 12: FORCE MAJEURE
Force majeure refers to any event that is unforeseeable, unavoidable, and beyond the control of the Parties. Such events release the Parties from liability. Examples include strikes, terrorism, war, supplier or transport issues, currency fluctuations, government actions, and natural disasters.
These events also include all cases recognized by French courts and tribunals.
ARTICLE 13: DATA PROTECTION
BLEU JOUR is committed to protecting the Client’s privacy, security, and confidentiality of any personal data shared.
In compliance with applicable data protection laws, BLEU JOUR makes available to the Client all information regarding the processing of their personal data and their rights in the Privacy Policy section: https://www.bleujour.com/pdc/
The Client has the right to:
• Access all their personal data processed by BLEU JOUR.
• Request rectification, deletion, or limitation of such data.
• Object at any time to processing for marketing or statistical purposes.
• Define post-mortem instructions regarding their data.
• Lodge a complaint with the CNIL (French Data Protection Authority).
ARTICLE 14: GENERAL PROVISIONS
If any clause of these Terms is deemed invalid under applicable law or by court decision, it shall be treated as unwritten, without affecting the validity of the remaining clauses.
No waiver of rights by either Party shall be interpreted as a permanent waiver unless expressly stated in writing.
ARTICLE 15: MEDIATION
In case of a dispute, the Client may contact a consumer mediation service free of charge to seek an amicable resolution.
BLEU JOUR offers access to the following certified mediators:
Consumer Mediator: CNPM - MÉDIATION CONSOMMATION
Address: 27, avenue de la Libération – 42400 Saint-Chamond
Website: https://cnpm-mediation-consommation.eu
Email: contact-admin@cnpm-mediation-consommation.eu
The mediator will not intervene if:
• The Client did not first try to resolve the matter directly with BLEU JOUR within 15 days of Delivery.
• The request is clearly abusive or unfounded.
• The dispute has been or is being examined by another mediator or by a court.
• The Client submitted the mediation request more than one (1) year after the written complaint to BLEU JOUR.
• The dispute falls outside the mediator's jurisdiction.
ARTICLE 16: APPLICABLE LAW AND DISPUTES
These General Terms and Conditions and all contractual relations arising from them are governed by French law.
Failing an amicable resolution (including mediation), the competent courts may be seized by either Party.
In accordance with Article 1369-5 of the French Civil Code, BLEU JOUR archives order confirmations and invoices on a reliable and durable medium constituting a true copy. BLEU JOUR’s digital records will be considered valid proof of communications, Orders, payments, and transactions between the Parties.