GENERAL TERMS AND CONDITIONS OF SALE
B TO B - B TO C
Mise à jour du 16/06/2025
1. Preamble & Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) govern strictly and comprehensively all sales of products and services carried out in France by BLEU JOUR, as identified in the footer, for the benefit of:
• Any adult natural person acting as a consumer (B2C);
• Or any professional, whether a natural or legal person, acting for purposes relating to their commercial, industrial, craft or liberal activity (B2B).
BLEU JOUR and the Customer are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
1.2. These Terms apply to all orders placed on or via BLEU JOUR's website (hereinafter referred to as the “Site”), whether directly online or via customer service, and take precedence over any general purchasing conditions of the Customer, unless expressly accepted in writing by the Seller.
1.3. Acceptance of these Terms is evidenced by:
• For B2C Customers, ticking the box provided for this purpose when placing an order, accompanied by the wording: “I have read and accept the General Terms and Conditions of Sale without reservation”;
• For B2B Customers, electronic or written validation of the order after reviewing the order summary.
Placing an order implies full and unreserved acceptance of the Terms in force on the date of order confirmation.
1.4. For consumers (B2C), the applicable rights under the French Consumer Code apply, in particular:
• Pre-contractual information obligations (Articles L.221-5 et seq. of the Consumer Code),
• The right of withdrawal within the statutory period of 14 days from delivery,
• Legal guarantees of conformity and hidden defects
The Customer acknowledges having been clearly and intelligibly informed, prior to concluding the contract, of the essential characteristics of the products, their price, delivery costs, payment and delivery methods, the identity of the Seller, and their statutory rights.
1.5. For professional Customers (B2B), these Terms are available upon request. They govern the contractual relationship with BLEU JOUR to the exclusion of any other conditions, unless otherwise agreed in writing. It is the Customer’s responsibility to refer to the current version at the time of placing the order.
1.6. BLEU JOUR reserves the right to modify these Terms at any time without notice. The applicable Terms are those in force at the time of final order validation. Customers are advised to consult the Terms regularly to remain informed of any changes.
2. Definitions
• B2C Customer: a consumer within the meaning of the French Consumer Code.
• B2B Customer: a natural or legal person acting within the scope of their professional activity.
• Order: a binding offer submitted by the Customer via the shopping cart.
• Contract: deemed concluded upon BLEU JOUR’s order confirmation, commencement of delivery, or payment processing.
3. Order Placement & Formation of Contract
3.1. Order Procedures
a) B2C Customers
Consumers may place an Order in two ways:
• By creating a personal account on BLEU JOUR's website. This account allows for detailed tracking of order history and simplified management of billing and delivery details. Account creation requires entry of personal data (name, email, addresses, password, etc.) and acceptance of the Site’s Terms of Use and Privacy Policy.
• As a guest, without creating an account. In this case, the Customer must still provide the necessary information for billing, delivery, and secure payment. No personal dashboard will be accessible.
In both cases, Customers select the desired Products via the Site’s product pages, which present essential features and availability. Images are provided for illustrative purposes only.
Before final validation, the Customer may review and amend their Order via the “My Cart” section.
Once the Products are selected, the Customer finalises the Order, accepts the Terms, and proceeds with payment. The Order is only considered definitive upon full payment confirmation.
BLEU JOUR then sends an email confirmation with order details.
b) B2B Customers
Professional Customers may place Orders:
• Through bleujour.com, following a similar process as B2C (account creation or login, product selection, secure payment, email confirmation);
• Off-site, via BLEU JOUR's commercial department (email, post, telephone). In such cases, a quotation valid for 15 days is sent. The Order is confirmed upon return of the signed quotation marked “approved without amendment”, along with the chosen payment method.
In all cases, Orders are only accepted once BLEU JOUR's bank confirms payment.
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3.2. Formation of the Contract
The sales contract is considered formed upon the earliest of the following:
• Written confirmation of the Order by BLEU JOUR (email, purchase order, signed quote);
• Commencement of delivery;
• Effective receipt of payment.
BLEU JOUR undertakes to acknowledge receipt of the Order within five (5) business days. In the absence of confirmation or execution within this period, the Customer’s offer may be deemed rejected, unless proven otherwise.
3.3. Order Data and Modification
The Customer may amend entered information and order content at any point prior to final validation.
Any change after validation requires BLEU JOUR’s prior written consent and may result in an adjustment of the price or delivery timeframe.
3.4. Availability and Pre-orders
Products for sale include a contractual technical description. Availability is indicated on the product page. If unavailable at confirmation, the Order will not be validated. BLEU JOUR will notify the Customer promptly and suggest alternatives.
Some Products may be available for pre-order only, which constitutes an expression of interest without obligation to purchase.
3.5. Refusal of Orders
BLEU JOUR reserves the right to refuse or cancel any Order for legitimate reasons, such as:
• Unusually high quantities ordered by a B2C Customer;
• Unresolved past disputes or payment incidents;
• Suspicion of fraud or identity theft (e.g., suspicious address or name inconsistency);
• Credit limit exceeded by a B2B Customer
In such cases, the Customer may not claim any compensation or refund beyond amounts already paid for undelivered Products.
4. Prices & Payment Terms
4.1. Applicable Prices
a) B2C Customers
Prices displayed on the website are in euros (€), inclusive of all taxes (VAT included) applicable in mainland France, excluding delivery charges. Delivery fees are indicated before final order validation.
For deliveries outside mainland France, additional local taxes, customs duties, sea grants or customs clearance fees may apply. These are exclusively the responsibility of the Customer, who is advised to check with the relevant authorities in the delivery country.
b) B2B Customers
Prices displayed on the website are also shown inclusive of VAT, to allow for consistent and transparent consultation.
However, the invoice issued to business Customers details:
• Net prices excluding tax (ex. VAT),
• Applicable VAT rates,
• The total amount including VAT.
Prices are:
• Valid on the website until the Order is confirmed;
• Valid for 15 days when stated in a quotation, unless otherwise indicated.
If indexed to a foreign currency, any unfavourable variation of 3% or more from the reference exchange rate at the time of the offer will be reflected in the invoice.
c) Price Revisions
BLEU JOUR reserves the right to adjust its prices at any time and without prior notice, particularly to reflect changes in charges or taxes. However, the applicable price remains that displayed or agreed at the time of final order confirmation. Any post-confirmation modification requires agreement by both Parties.
4.2. Payment Methods
a) B2C Customers
The total inclusive price (products + delivery) is displayed in the final summary and confirmed by email.
Accepted payment methods include:
• Bank card (CB, Visa, Mastercard, American Express) via 3-D Secure protocol,
• PayPal,
• Cryptocurrency via the XMONEY platform (https://xmoney.com).
Payments via XMONEY are non-reversible. In the event of a refund (withdrawal, dispute), the refund will be issued in euros, based on the exchange rate on the refund date. Conversion fees are borne by the Customer
BLEU JOUR does not store banking data; only its partners (CIC, REVOLUT, STRIPE) have access to such information
Customers may opt for electronic invoicing (PDF format) via their account. A paper version can be requested.
b) B2B Customers
Payment is due immediately unless otherwise agreed (e.g., deferred or instalment payment).
Accepted payment methods:
• Bank transfer,
• Bank card,
• SEPA direct debit (for account holders),
• Magnetic LCR draft (subject to prior approval).
Instalment plans may be proposed based on order size or regular business relations. In this case, each instalment is treated as a deposit. In the event of non-payment:
• All outstanding sums become immediately due,
• Late penalties apply at a rate five times the legal interest rate,
• A fixed recovery fee of €40 is charged,
• BLEU JOUR may suspend deliveries, reclaim ownership of goods, or terminate the contract.
A credit note issued is valid for one year from the date of issue.
Delivery & Risk Transfer
5.1. Delivery Address & Methods
Products are delivered to the address specified by the Customer when placing the Order. This may differ from the billing address.
• For B2C Customers, delivery is to their home or another specified location.
• For B2B Customers, delivery may be staggered depending on volume or availability.
Delivery address and, where applicable, an estimated delivery date are stated in the order confirmation. These dates are indicative only, unless expressly stated otherwise.
In the Customer’s absence, a second delivery attempt may be made at their expense. If uncollected within the required timeframe, the goods will be returned to BLEU JOUR, who may dispose of them. The order will remain due.
5.2. Delivery Times & Delays (B2C Only)
Unless in cases of force majeure, BLEU JOUR undertakes to deliver the Products within 15 business days of contract confirmation.
In the event of delay:
• The Customer may send a formal notice to deliver within a reasonable period;
• If delivery still does not occur, the Customer may terminate the contract.
Any sums paid will be refunded within fourteen (14) days of termination.
5.3. Risk Transfer (B2B Only)
For professional Customers, risks transfer upon dispatch, once the Products are handed over to the carrier, as evidenced by the shipping note.
BLEU JOUR cannot be held liable for any damage occurring post-dispatch, unless a proven fault in packaging or preparation exists.
5.4. Inspection Upon Receipt & Claims (B2C & B2B)
All Customers must inspect upon delivery:
• The condition of the packaging,
• The number of packages,
• The condition and conformity of the Products.
In case of anomaly (damage, missing product, broken item, etc.):
• Make clear, precise reservations on the delivery note in the presence of the courier;
• Confirm the claim in writing by recorded delivery within three (3) days, as per Article L.133-3 of the French Commercial Code.
A copy of this letter, along with the delivery note, must be sent to BLEU JOUR within seven (7) days by recorded post or email with acknowledgment.
Failure to follow this procedure implies acceptance of the Products and forfeits the right to claim.
5.5. International Deliveries (B2C & B2B)
Customers must check with local authorities about any import or usage restrictions applicable to the Products.
Cross-border shipments may be inspected by customs. Duties, import taxes and customs fees are solely the Customer’s responsibility.
Certain Products may contain technology or software subject to export regulations (e.g., US, EU), and cannot be transferred to or used in restricted countries or by restricted entities.
5.6. Returns Related to Software Licences (B2B Only)
If the Customer refuses the End-User Licence Agreement (EULA) or a third-party software licence:
• They must return the complete Product (hardware + software) within the applicable claim period;
• The return must be arranged with BLEU JOUR on an agreed date.
6. Right of Withdrawal & Returns
6.1. Right of Withdrawal (B2C Only)
In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumers have fourteen (14) calendar days from receipt to withdraw from the contract without reason or penalty.
To exercise this right, Customers must notify BLEU JOUR by:
• Recorded letter with acknowledgement,
• Email with receipt confirmation,
• Or via the online withdrawal form.
An acknowledgement will be sent without delay.
Customers then have fourteen (14) further days to return the Products at their own cost, in original condition, unused, undamaged, complete (including accessories, manuals, etc.), and in their original packaging.
Products that are incomplete, damaged or soiled will not be refunded or exchanged.
Returns must be sent to:
BLEU JOUR - Returns Department
37 avenue Jules Julien – 31400 Toulouse (France)
Refunds, including standard delivery charges (excluding express delivery surcharges), will be made within fourteen (14) days of either receipt of the Products or proof of return, whichever comes first.
Per Article L.221-28, the right of withdrawal does not apply to:
• Customised Products,
• Software or digital content once unsealed or installed,
• Products clearly personalised or unsealed by the Customer after delivery.
6.2. No Right of Withdrawal (B2B)
Returns are not accepted without written agreement, except for certain professionals (e.g., micro-enterprises with fewer than 5 employees acting outside their core activity), who retain the statutory withdrawal right.
6.3. Returns Outside of Withdrawal
Outside the legal withdrawal scope:
• All returns require prior written authorisation from BLEU JOUR;
• A return number must be provided and clearly displayed on the package;
• Returns must be in original condition, complete, with all documentation and packaging.
Cash-on-delivery or collect returns will not be accepted.
6.4. Software Products & Licences
If a Product includes licensed software (e.g., EULA or third-party licence), the right of withdrawal or return is conditional upon:
• No licence activation,
• Unbroken seals,
• Return of the full configuration.
If the software is activated, used or modified, the return may be refused.
7. Legal & Commercial Warranties
7.1. Statutory Warranties (B2C Only)
Independently of any commercial warranty, BLEU JOUR is liable for:
• Non-conformity of the goods sold, pursuant to Articles L.217-3 to L.217-20 of the French Consumer Code;
• Hidden defects under Articles 1641 to 1649 of the French Civil Code.
The Customer:
• Has 2 years to act, with a presumption of defect existing at the time of delivery within the first 24 months (except for second-hand goods);
• May request repair or replacement of the non-conforming Product. If impossible or disproportionate, a price reduction or contract cancellation may be requested;
• Is not required to prove the defect’s existence for the first 24 months, except for used goods.
7.2. BLEU JOUR Commercial Warranty (B2C)
BLEU JOUR offers an additional commercial warranty, the duration of which is specified per Product on its web page or in documentation.
Some Products benefit from a commercial warranty longer than two (2) years.
This warranty is distinct from and complementary to statutory warranties under Article L.217-21 of the Consumer Code.
Conditions:
• Covers manufacturing or functional defects under normal use;
• Conditional on compliant use (installation, environment, maintenance);
• BLEU JOUR undertakes to repair or replace defective Products promptly, subject to availability and logistics;
• Valid only in France and subject to a return number issued by BLEU JOUR.
Before returning the Product, the Customer must:
• Remove personal data or non-BLEU JOUR files;
• Back up stored data.
Exclusions:
• Damage due to abnormal use, shock, overvoltage, humidity, extreme environmental conditions (dust, pet hair, nicotine, etc.), or unauthorised modification;
• Third-party parts or software installed by the user, or repairs by unauthorised personnel;
• Custom or opened products (e.g., licensed software).
7.3. KUBB® Commercial Warranty (B2B)
Unless otherwise specified, BLEU JOUR guarantees:
• KUBB® branded Products against material defects and non-compliance with specifications for thirty-six (36) months from the invoice date;
• Spare parts for 90 days from delivery or for the remaining primary warranty period.
Upon written notification of a defect, BLEU JOUR undertakes to:
• Repair or replace faulty Products at its expense, and arrange return of replaced goods;
• Deliver replacement parts to the original address;
• Invoice the Customer if defective parts are not returned.
7.4. Common Warranty Exclusions (B2C & B2B)
No warranty shall apply if:
• Products are damaged due to negligence, misuse, improper installation, or failure to follow instructions;
• Products have been altered or repaired without approval;
• Defects result from normal wear or unsuitable conditions;
• Third-party software, accessories, or configurations are the cause of the defect;
• Products continued to be used after a fault without BLEU JOUR’s prior agreement.
7.5. Service & Deliverables Warranty (B2B Only)
BLEU JOUR guarantees that services and deliverables:
• Comply with contractual service documents;
• Are carried out diligently and competently, in line with best practices.
Delivery times may vary depending on location, accessibility, and parts availability, without BLEU JOUR being held liable for delays.
7.6. Limitations Between Professionals
BLEU JOUR shall not be held liable for:
• Hidden defects (Article 1641 Civil Code), contractually excluded between professionals;
• Inadequacy of the Product for specific uses or configurations, unless explicitly confirmed in writing.
The Customer is solely responsible for data backup and confidentiality.
7.7. Technical Support & Customer Service
After-sales support is available:
• By phone, email, or online depending on the issue;
• Calls may be recorded for quality purposes.
The Customer agrees to:
• Cooperate courteously with BLEU JOUR staff;
• Provide all useful information for resolution.
Communication, transport, and return costs are borne by the Customer unless a proven warranty fault exists.
8. Liability & Warranty Limitations
8.1. BLEU JOUR Liability – B2C
BLEU JOUR is strictly liable to consumers for:
• Proper performance of contractual obligations,
• Conformity of delivered Products,
• Timely delivery (Article L.216-1 Consumer Code).
BLEU JOUR may be exonerated by proving:
• The fault lies with the Customer (misuse, non-compliance, absence at delivery, etc.);
• Or a force majeure event under Article 1218 Civil Code.
BLEU JOUR shall not be liable for:
• Indirect damages (data loss, loss of income, inconvenience, etc.);
• Consequences of improper use;
• Third-party software losses or performance issues.
8.2. BLEU JOUR Liability – B2B
In B2B relationships, BLEU JOUR is only liable for direct, foreseeable damages resulting from proven contractual breach.
BLEU JOUR shall not be liable for:
• Indirect or intangible losses (turnover, downtime, reputation, data, etc.);
• Product inadequacy for unapproved configurations;
• Damage from unauthorised changes or repairs;
• Integration into third-party hardware or software systems.
Total liability shall in no case exceed the net amount paid for the disputed Order.
8.3. Third-Party Products, Software & Services
BLEU JOUR shall not be liable for:
• Operation of optional or third-party software/products;
• Compatibility with the Customer’s infrastructure or systems.
The Customer is responsible for:
• Checking technical/regulatory compatibility before ordering;
• Backing up their data.
BLEU JOUR offers no guarantees on results or performance unless explicitly stated in writing.
8.4. Force Majeure
BLEU JOUR shall not be held liable in the event of force majeure, defined as any unforeseeable, irresistible, and external event preventing contractual performance.
Examples include (non-exhaustive list):
• War, terrorism, riot, fire, flood, cyberattack,
• Network, server, or supply chain failure,
• Strike (internal or at suppliers/transporters),
• Health crises, pandemics, or emergency regulations.
Performance is suspended during such events and may be postponed or terminated without liability if they persist beyond sixty (60) days.
9. Intellectual Property & Personal Data
9.1. Intellectual Property
All content on BLEU JOUR’s website—texts, visuals, logos, brands, models, databases, technical documentation, user manuals, source code, software, and Products—is the exclusive property of BLEU JOUR or its rights holders, partners, or suppliers. Thus:
• Any reproduction, modification, distribution or commercial use—partial or full—is strictly prohibited without prior written consent;
• The Customer shall not infringe any intellectual property rights of BLEU JOUR or its partners. Product purchases do not entail any IP transfer unless expressly stated.
Software or firmware embedded in BLEU JOUR Products is licensed on a non-exclusive, non-transferable basis for Product use only.
Reverse engineering, bypassing protection, or unauthorised modification is strictly prohibited.
BLEU JOUR reserves the right to pursue legal action in the event of IP infringement.
9.2. Personal Data – GDPR
BLEU JOUR, as data controller, processes personal data in accordance with GDPR and the French Data Protection Act.
a) Data Collected:
• Identity: name, email, phone, postal address;
• Order info: purchased items, order history, invoicing, delivery;
• Browsing data (via cookies).
b) Processing Purposes:
• Order management and customer relations,
• After-sales and warranties,
• Compliance with legal obligations,
• Marketing (with prior consent).
c) Data Recipients:
• BLEU JOUR and authorised subcontractors (transport, payment, hosting),
• No unauthorised commercial data sharing.
d) Retention Period:
• Throughout the contractual relationship,
• Then archived for 3 years post last contact,
• With possible EU data transfers via Stripe/PayPal.
e) Customer Rights:
• Access, rectification, erasure, restriction,
• Objection to processing, data portability,
• Right to lodge a complaint with CNIL.
Requests via email: rgpd@bleujour.com or via the website form.
f) Cookies:
Browsing the Site may involve cookies for functionality and analytics. Preferences can be set via the cookie management interface. See the Site’s Cookie Policy for details.
10. Retention of Title
10.1. Ownership Clause
BLEU JOUR retains full ownership of Products until full payment (including interest and charges) is received. Title passes to the Customer only after complete settlement, even if delivery has occurred.
10.2. Risk Transfer
Despite the retention clause:
• For B2C: risk transfers on physical handover or BLEU JOUR-appointed carrier;
• For B2B: risk transfers at dispatch, upon delivery to the carrier—even if shipping is prepaid (per Article L.216-4 Consumer Code & Article 1196 Civil Code).
The Customer is liable for any loss/damage post-delivery even before owning the Product.
10.3. Customer Obligations
Until payment is completed:
• The Customer shall not resell, alter, or dispose of the Products without BLEU JOUR’s written consent;
• Products must remain identifiable and stored separately;
• Any third-party intervention must be immediately reported.
In case of default, BLEU JOUR may retrieve the Products at the Customer’s expense, after an 8-day formal notice.
10.4. Professional Clause
For B2B:
• Unpaid stock is presumed to be BLEU JOUR’s;
• BLEU JOUR may conduct an inventory or involve a bailiff;
• Any deposit paid is retained as a penalty, without prejudice to further claims.
11. Governing Law & Dispute Resolution
11.1. Applicable Law
These Terms and related actions are governed by French law, regardless of:
• Delivery location,
• Customer nationality,
• Place of residence or registered office.
In case of translation discrepancies, the French version shall prevail.
11.2. Prior Claims – Customer Service
For disputes or complaints, Customers are encouraged to first contact BLEU JOUR’s customer service:
• Email: contact@bleujour.com
• Tel: +33 (0)9 81 07 00 00
• Address: BLEU JOUR – Customer Service, 37 avenue Jules Julien, 31400 Toulouse, France
11.3. Mediation – B2C Only
Pursuant to Articles L.612-1 to L.612-5 of the Consumer Code, consumers may seek free mediation after unsuccessful complaint resolution.
BLEU JOUR adheres to CNPM – Médiation Consommation:
📍www.cnpm-mediation-consommation.eu
📧 contact-admin@cnpm-mediation-consommation.eu
📬 27 avenue de la Libération, 42400 Saint-Chamond, France
Consumers may also use the EU online dispute platform: https://ec.europa.eu/consumers/odr
11.4. Jurisdiction
a) B2C:
If mediation fails, disputes may be brought before:
• The consumer’s place of residence,
• The place of delivery,
• Or the location of the damaging event (at the Customer’s discretion – Article R.631-3).
b) B2B:
In case of unresolved disputes, exclusive jurisdiction lies with the courts of TOULOUSE, including in summary proceedings, multiple defendants, or third-party claims.
12. Environmental Responsibility & Equipment Take-Back
12.1. BLEU JOUR’s Environmental Commitment
As part of its CSR policy and in compliance with Directive 2012/19/EU on WEEE, BLEU JOUR:
• Registers its Products with authorities,
• Pays eco-contributions to approved bodies,
• Organises collection and recycling of end-of-life equipment.
12.2. Take-Back Scheme – B2C
Under Article R.543-180 of the French Environmental Code, BLEU JOUR offers a “one-for-one” take-back scheme when purchasing a new equivalent item:
• Upon delivery (at the Customer’s request),
• Or via BLEU JOUR-designated collection points.
Customers may also drop old equipment at approved waste centres or distributors.
Returned items are recycled via authorised centres per regulatory and environmental standards.
12.3. Take-Back Obligations – B2B
BLEU JOUR ensures WEEE compliance for B2B, including:
• Product declarations,
• Payment of environmental contributions,
• Recycling via authorised facilities.
B2B Customers agree to:
• Return used equipment at their own expense to the designated sites,
• Follow BLEU JOUR’s sorting and packaging guidelines,
• Not discard equipment with unsorted municipal waste (as per WEEE symbol requirements).
Collected items will be dismantled and recycled according to EU regulations with full traceability.