GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE (B TO C)

DIRECT SALE EDITION FROM 18/03/2015

 1. Scope of Application

These General Terms and Conditions of Sale and Service shall exclusively apply to all contracts relating to Sale and Service of BLEU JOUR Company products to its customers (hereinafter “Customer”).

The following General Terms and Conditions of Sale and Service are intended to regulate the relationship between BLEU JOUR and the Customer concerning any purchase made on the official Website.

Verifying your order by ticking the box provided and clicking on the button “Submit”, You fully accept the present General Terms and Conditions.

BLEU JOUR is asking You to read very attentively these General Terms and Conditions of Sale and Service before proceeding with any transaction on the official Website.

You agree to be bound by these General Terms and Conditions come into force when you submit your online application form, thereby confirming your intention to order products on the official Website.

The present General Terms and Conditions shall also apply in the case You decide to make your order through BLEU JOUR Customer Service, by filling out the online contract form available on the official Website.

The present General Terms and Conditions of Sale and Service exclude the application of any other General Terms and Conditions, except written acceptance of our part.

The present General Terms and Conditions can be modified by BLEU JOUR Company without prior notice.

It is your responsibility to check regularly these General Terms and Conditions of Sale and Service to stay informed of any possible modifications.

2. Orders

The essential characteristics of the product are indicated in the “Product Information Sheet”. BLEU JOUR Company can update and change the “Product Information Sheet” or withdraw some products. You are informed directly about products availability on the official Website.

Your Order is always subject to availability of the item(s) in stock. Selected Products in your shopping cart are not registered and can be ordered by other users until the confirmation of your Order.

Ordering products, in accordance with Article 1, are intended for your personal use.

Therefore, BLEU JOUR Company reserves the right, in its sole discretion, not to confirm the Order, particularly in the case if BLEU JOUR Company suspects Customer of ordering Product for resale.

To place an order through our official Website, You have to fill out the Form and follow the Website instructions, having read and accepted the General Terms and Conditions, the Terms of Use and the Website Privacy Policy.

By completing this Form, You have to choose the means of payment that will be used to complete the Transaction in response to your Order, subject to acceptance by BLEU JOUR.

The following means of payment are accepted by BLEU JOUR: Visa, American Express, Master Card, PayPal.

Only these means of payment accept personal payment cards (except business cards), whose holders are physical persons residing at the billing address.

The declared billing information, during the order process, has to correspond with the name of the cardholder so that BLEU JOUR Company would be able to contact You directly for further information. In that case, the above-mentioned additional verifications lead to two-day (2) delay and extension of delivery time. If this condition is not fulfilled and/or the BLEU JOUR Company is not able to get in contact with the cardholder, BLEU JOUR reserves the right to cancel Your Order.

If You would like to order through BLEU JOUR Customer Service, BLEU JOUR Company invites You to contact it. Please note that no bank information must not be sent by email or through the Client Service contact form. The required Bank information is only provided to Customer Service over the telephone in order to allow your payment.

In accordance with the provisions Article L.121-18-2 of the Consumer Code applied only to the nationals of one of the Member States of European Union and in application of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, no payment or counterproposal, in any form whatsoever, shall not be perceived by BLEU JOUR Company before the expiry of a 7-day period from the conclusion of the off-premises contract.

Therefore, when your Order is received, BLEU JOUR will confirm its acceptance and affirm the closing of the transaction by sending you an email, after checking the information You have provided earlier as well as the authorization given by the Bank.

The Transaction will be presumed to be concluded only when the BLEU JOUR Company confirms its acceptation, by sending You a confirmation email which includes the Summary of your Order, product prices, the date and the hour of the Order, the cost of shipping, taxes and customs duties and the payment method You selected.

After receiving this confirmation email, the prepayment shall be made and would only be confirmed on expiry of the aforementioned period, defined by the legal provision of Article L 121-8-2 of the Consumer Code.

3. Territory

You shall not make an Order if your Billing and Delivery addresses, as well as the one that corresponds to your payment method, are all located in one and the same country from among the following:

It is your responsibility to contact and the local authorities of your country and to get information concerning any import restrictions or the use of the products and services that You consider to order. All abnormal or poor performed Orders, any fraud or fraud attempt, any payment incident may result the deleting and/or deactivation of the Customer’s account and/or the refusal of the Order.

You agree to receive the invoices for all of your purchases by e-mail. Electronic invoices will also be available in PDF. format in Your Account on the official Website of BLEU JOUR Company. For each delivery we will provide You with the information of the shipment confirmation by e-mail if an electronic invoice is available. You can at anytime apply for a Customer Service to get the paper copy of your invoice.

4. Price and Availability

The prices listed on the Website are given in euros (€), Dollars ($) or in pounds sterling (£) (all taxes included), excluding delivery costs. The amount of delivery costs is calculated automatically according to each Order; it is indicated in the summary of your Order, before final validation. For the delivery outside the French territory, the provisions of the French General Tax Code (“Code général des impôts”) with regard to VAT are applicable.

All the Orders delivered outside the Metropolitan France may be subject to applicable taxes, customs duties and dock dues during delivery. You are entirely responsible for paying these fees and charges. Check with the local authorities. Protecting your privacy is important to us and we draw our international client’s attention to the fact that cross-border deliveries could be opened and inspected by the customs authorities.

We indicate the availability of products we sell on our Website on every Product Information Sheet. We cannot give further information concerning the availability of products that is already indicated on our official Website. After receiving your Order, we will send you an e-mail concerning the availability of chosen product. Therefore, we will provide You with the information of the indicative time limit when these products will be available again.

Despite all our efforts, a limited number of products presented in our catalogue may contain a price error. We will check the price processing your Order and before any payment. If it turns out that we made a mistake and that the real price is higher than the price displayed on our Website, we may contact You to ask if You would like to buy the product at its real price or to cancel your Order.

In accordance with the previously mentioned information, BLEU JOUR Company may not receive any payment, excluding the Customer’s prepayment, in any form whatsoever, no later than 7 days after the conclusion of the off-premises contract.

As a result, the payment will be effective from the 8th day, of the withdrawal period of 14 days described below.

5. Delivery

5.1 The place and time of Product and/or Service delivery are specified in the Order Confirmation, for reference purposes only.

In the case of exceeding the time-limit indicated earlier, of a duration of over 30 (thirty) days and as far as You do not want to accept an additional delivery period, You will have the possibility to cancel the contract, without your liability and to receive a full refund.

This shall not apply in case of force majeure clause which basic elements are outlined below.

5.2 It is important that You examine the delivered Product. Upon delivery the Customer shall check the condition of the packaging, number and content of parcel(s), as well as state of the goods. Consequently, any anomaly concerning the delivery (damage, product missing compared to the order form, damaged package, broken products…) will have to be imperatively indicated on the delivery order in the form of “handwritten reserves”, accurate and complete and/or on the travel voucher and in the presence of carrier.

Customer should also confirm the anomaly in the emission of reserves by sending a letter with conveying notice of receipt within 3 (three) days of delivery listing the complaints. The copy of this letter, the copy of the delivery note and/or travel voucher have to be sent with the registered letter and the notice of receipt to BLEU JOUR Company within 8 days of the delivery. Customer is reminded that if it is not possible to perform this procedure within this

time-period, any request for opening a litigation file will be irrevocably rejected, so that no recourse will be allowed against BLEU JOUR Company.

6. Transfer of Ownership and Risk

6.1 Transfer of Ownership

The Contract of Sale has been prepared in accordance with the terms prescribed and transfers the Ownership of sold product to the Purchaser, as well as the Risks.

6.2 Transfer of Risk

Once the Seller confirms the shipment of goods controlled by dispatch note, the Risks are to be borne by him.

7. Warranty

7.1 Legal Warranty

BLEU JOUR Company, concerning French citizens, is responsible for the Warranty regarding hidden defects covered by Articles 1641 et seq. of the Civil Code.

BLEU JOUR Company, concerning EU citizens, is responsible for the Legal Warranty laid down in Articles L 211-4, L 211-5, L 211-12, L 211-15 of the Consumer Code.

Contractual Warranty

BLEU JOUR Company, beyond the terms of the abovementioned Legal Warranty, offers the Contractual Warranty in accordance with the following arrangements:

7.2.1

BLEU JOUR ensures that the products comply with the description and that there are no defects, for a period of three (3) years from the delivery.

7.2.2

BLEU JOUR obligations, concerning the warranty, are subordinate to the subordinate use of Products and do not cover changes or repair made without prior written authorization of BLEU JOUR Company.

You are responsible for the withdrawal of Products not provided by BLEU JOUR, for privacy and before any intervention of BLEU JOUR.

BLEU JOUR does not guarantee the suitability of Product for a particular purpose and if this Product does not satisfy the specific requirements, unless there is the written agreement.

7.2.3

BLEU JOUR Warranty does not cover the damages due to external causes such as: shock, hazards, humidity, electrical surge, environmental conditions of the Product in the Subscribed Service Description.

7.2.4

BLEU JOUR carries out the repair using new components or equivalents in accordance with the industry standards or due to the practice.

7.2.5

Notwithstanding the Legal Warranty terms, BLEU JOUR Commercial Warranty does not cover the Third-party Products.

The Third-party Products are repaired in accordance with the manufacturer’s warranty and wherever possible the BLEU JOUR Company lets You benefit from these warranties.

8. Services

8.1 We guarantee that the Services are performed in normal conditions.

8.2 BLEU JOUR is committed to repair and replace Products in accordance with Articles 7 and 8 and the Description of Services you acquired, and according to current legislation. BLEU JOUR does everything possible to guarantee you the shortest possible timeframe, but this period may vary depending on various factors and especially on your place of residence, weather conditions and product’s availability.

BLEU JOUR Company shall not be responsible for any losses, direct or indirect, resulting from not following the time frames which may not be ascribed to BLEU JOUR and shall not be liable for any other responsibility, contract or in tort, for Product discrepancy or to solve this within a reasonable time frame.

8.3 Notwithstanding the terms of the Legal Warranty, Services do not cover the Third-party Products in conformance with our Commercial Warranty. Third-party Products shall be repaired in accordance with the manufacturer’s warranty.

8.4 Services may be delivered by telephone or the Internet, as appropriate. Supplementary optional value-added Services may also be provided by premium rate number. BLEU JOUR will inform You in advance, in accordance with the current regulations, of the conditions and terms of Services. Telephone calls may be recorded for training purposes. You shall provide our personnel the courtesy and cooperation so they can to provide the highest quality Services sufficiently. Notwithstanding anything to the contrary (and in particular in the case of the delivery of defective Products), all telephone and mail costs are implemented to contact us and are on your own charge when You contact us.

9. Software

9.1 Software and Third-party Software are subject to licenses compatible with the concerned Software at the time of Product activation or when this Software is activated or downloaded. In any case, You are forbidden to copy (except backup purposes), to adapt, to sell, to transfer, to sublicense, to pledge other Software concerned in any other form ; or to violate the instructions of the Service Description and/or of the licence agreement. You shall respect the Software patents and/or third-party software patents.

9.2 You should ensure that Products and/or Services ordered are compatible with all the other devices acquired.

9.3 Notwithstanding the Legal Warranty terms, BLEU JOUR Commercial Warranty does not cover Third-party Software.

10. Right of refusal

It is recalled, where necessary, that the definition of the right of Retraction is specified in the Glossary and applies to citizens of France and EU.

Consequently, this Article intends to specify the modalities to exercise Client’s right of withdrawal.

In this way, Client has the ability to notify the Company that he intends to exercise the right of withdrawal, within the 14-day period from the delivery of the goods.

For this purpose, Client should use the corresponding electronic form which is available on our Website.

The validity of this right shall be conditional upon the following conditions :

All returned products should be protected and packed in its original box with accessories presented when the package was opened (depending on the nature of the product): main power supply, the Installation Manual, screwdrivers, cleaning wipes, etc… In the absence, charges will be applicable ;

Print out the e-mail message with the Return Authorization (RA) number and the transport label ;

Put the original box(es), the e-mail message with Return Authorization sent by BLEU JOUR and the copy of the original purchasing invoice into the shipping box ;

Close tightly the shipping box ;

Present your shipping box with transport label the day the of taking over appointed by our Customer Service.

In addition, You agree to take great care in Product packaging that You return. If the returned Product was damaged due to incorrect packaging, BLEU JOUR reserves its right to refuse the return or accept it but deduct the costs of return and treatment.

After receiving the returned product and if all the conditions of return were fulfilled, BLEU JOU will inform You by e-mail if a full or partial refund of the entire amount of your order, is being processed.

After the notification of withdrawal, You shall, within 12-day time period, resend goods to our logistic warehouse to the address given with return number. The Purchaser is responsible for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

In case of withdrawal, BLEU JOUR shall give You a refund within fourteen (14) days following the date of receipt.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

In any event, you will not incur any fees as a result of this reimbursement.

We can defer the reimbursement until we have received the product(s) or until all the documents have been provided.

11. Authenticity Guarantee

BLEU JOUR sells its quality Products through the official Website www.bleujour.com, at its stores and its authorized resellers.

BLEU JOUR does not guarantee that all goods purchased outside its distribution channels are not counterfeit, broken or of doubtful origin.

We advice You to check carefully the list of stores in “Our boutiques” section on our Website or our authorized resellers’ list.

12. Export Control

We inform You that Products may contain the technologies and Software that are subject to the laws on Export Control of the United States of America and European Union, as well as the laws of the country where these Products were delivered or used. In accordance with these laws, Products shall not be sold, rented or transferred to the under restriction country. You hereby agree to respect these laws. You also agree that no BLEU JOUR Products will be used for military, nuclear, chemical or biological activities. You agree not to sell, rent or transfer BLEU JOUR Products for these purposes.

13. Intellectual Property and Claims

13.1 BLEU JOUR Company reserves all the rights relating the Intellectual Property of its Products and Services.

You shall notify right away to BLEU JOUR Company any claims of unauthorized utilization of the Products.

13.2 You allow BLEU JOUR Company to expedite any procedure required and agree, furthermore, to cooperate with BLEU JOUR Company in the context of these legal proceedings.

13.3 BLEU JOUR Company informs You that the trademarks, domain names and patents that it operates are regularly registered under the INPI (French Intellectual Property Institute), thus benefited from the Code of Intellectual and Industrial protection.

As a consequence, You should not use the aforementioned without our consent.

14. Force Majeure

Events of Force Majeure have independent, unforeseeable and irresistible character to the will of Parties. These events are not binding on the responsibility of Parties. Force Majeure events are: strikes, acts of terrorism, wars, problems affecting suppliers, transport or manufacturing, currency fluctuations, acts of the public authorities, natural disasters. Force Majeure events are examined by the jurisprudence of the French courts and tribunals.

15. Data Protection

BLEU JOUR Company cares about your privacy.

All information concerning your privacy subjected to the BLEU JOUR Privacy Policy (available by clicking on the following link: Privacy Policy)

16. Confidential Data / Legal Notices  

Registered to the CNIL (National Committee for Data Processing and Liberties) under the number: 1809541

BLEU JOUR Company undertakes not to sell or rent customer database. If the Client wants his information to be removed from BLEU JOUR database, BLEU JOUR Company undertakes to delete all the contact details and information about the Client. BLEU JOUR may implement technical means to obtain non-personal information regarding the Internet users to improve the functionality of its Website. Moreover, BLEU JOUR Company does not collect personal information such except last name, first name, address and e-mail address provided voluntarily by Client. The data collected shall not be used for other commercial purposes except those indicated on the official Website or developed subsequently by BLEU JOUR. No personal information may be used by third parties. You have a right to access, modify, correct or delete your personal data (Article 34 of the Information Technology and Freedom Law). To exercise this right, contact our Client Service. This site has been declared to the CNIL under the number: 1809541.

17. 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.