Terms and conditions
These "Terms and Conditions" apply to legal operations on products marketed to customers by the company BLUSHOP in its e-shop.
The words or phrases below shall have as part hereof the following meaning:
Registration: You will have to register as a "company" and enter your VAT number or even "On going" instead of No. TVA.
Internet store: means the website on which the products are presented and sold to customers.
Order: means the contract of sale between the customer of the website and BLUSHOP.
Data sheet: means information regarding a product provided by BLUSHOP at the sale of such product on the e-shop.
Products: means all goods and services sold by BLUSHOP in e-shop.
Service: means the sale of products by BLUSHOP to its customers.
Transaction: means all operations, security, authorizations and agreements in connection with payment of the products ordered by credit card.
ARTICLE 1 - PURPOSE
These conditions of sale shall define the terms and conditions under which the company BLUSHOP offers and sells products to its customers.
These general conditions shall prevail over all other conditions contained in any other document, unless prior written consent.
ARTICLE 2 - ACCEPTANCE OF TERMS
The customer acknowledges having read, at the time of placing an order of general conditions of sale and expressly accept them without reservation.
These general conditions of sale govern the contractual relationship between the company BLUSHOP and its customer, both parties fully accept.
ARTICLE 3 - PRODUCTS
The majority of products offered by the company BLUSHOP to its customers is immediately available.
ARTICLE 4 - ORDER
The automatic registration systems are considered as proof of the nature, content and date of the order.
Confirm the client's acceptance of the order by sending a confirmation message to the email address will be released. The sale will be concluded only after sending the order confirmation.
The company BLUSHOP reserves the right to refuse or cancel any order of a particular customer in case of insolvency of that client or in the case of a default in payment of the relevant order or earlier delivery or a dispute over payment of a previous order. Any offer to sell means subject to availability. However, if despite the vigilance of the seller on stocks, the product proved to be unavailable after the order of the buyer, the company BLUSHOP is committed to inform you as soon as possible, and will allow you to cancel or change your order.
The mentions indicated by the customer, when entering information inherent in their order is binding upon them, can not be held responsible for errors made by the customer in the name and address of the recipient of the order (delivery address, billing address in particular) and delays in delivery or failure to deliver the Products ordered that these errors could cause.
ARTICLE 5 - DELIVERY
After confirmation of the order and subject to full payment of ordered products, the company BLUSHOP will ship to his client on his own responsibility, ordered products to the shipping address within 7 days maximum.
Where applicable, the customer agrees to pay upon receipt, all tax, duties, and other current and future due for delivery of the products themselves, the liability of the company BLUSHOP unable to no way be held as such.
Delivery will be by The Post or colissimo or carrier at our convenience.
Our shipping rates are available by clicking on "delivery" in the left column of our website
Any delays in delivery caused by the shipping or the company BLUSHOP does not entitle the customer to claim damages.
The ordered products are transported at the risk of the recipient. Upon receipt of the products ordered, the customer or the recipient must verify the proper functioning of the goods supplied, and take note of the conditions of its use on the operating instructions supplied to it.
In the event that one or more of the products ordered are missing or damaged, the customer or recipient must make a claim with the carrier at the time of delivery. Any incomplete order will be a voucher for the value of the missing products (excluding postage) will be credited to the customer's account. If however the customer wants a refund of the value of products missing or out of stock, it will necessarily make a request via e-mail to our service, the refund check will be made within 15 days maximum.
In case of defects, the customer has the right of return as provided in the instructions for use of the property.
Are considered as force majeure discharging its obligation to deliver war, riot, fire, strikes, accidents and the impossibility of being supplied.
For reasons of availability of the Products ordered, an order may be several successive deliveries to the customer.
In the case that the customer would like the products to be shipped to two different addresses, then it should place 2 separate Sales Orders.
ARTICLE 6 - RETURN
The customer has a period of 7 days from receipt of the products ordered to return to cons exchange or refund except products labeled "exchanged or refunded." In this case, the customer must return the new products, intact, with all accessories, instruction manuals and documentation at the following address:
59 Avenue Victor Hugo
Upon exercise of the right of withdrawal, the company BLUSHOP will reimburse the sums paid by the customer at no charge except return shipping costs.
Repayment is due within a maximum of 30 days in accordance with applicable law.
ARTICLE 7 - PRICE
All prices are quoted in euros, our minimum purchase is 90 €, excluding delivery costs.
All invoices for metropolitan France and the EEC (with valid VAT number) is VAT included, country of departure. For export outside the community in order to simplify the set of bills, it is edited without tax. This price includes the price of the products, handling costs, packaging and product conservation, transportation costs and commissioning.
ARTICLE 8 - PAYMENT
The price charged to the customer is the price indicated on the order confirmation sent by the company BLUSHOP.
The product price is payable by a means of payment offered on the site the day of the order.
The order validated by the customer shall be deemed effective until the secured bank payment center has given its approval on the transaction.
For payment by check (except bank check), a period of 8 days will be to ensure the provision of the check from the bank. The goods will be shipped end of that period.
ARTICLE 9 - APPLICABLE LAW
These general conditions of sale are subject to French law.
ARTICLE 10 - LIABILITY
Then company BLUSHOP can not be held liable for damages of any kind, whether tangible or intangible property, which could result from a malfunction or misuse of the products. It is the same for any changes in products from manufacturers.
The responsibility of the company BLUSHOP will in any event, limited to the amount of the order and can not be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products. In case of difficulties in the implementation of this contract, the client and reserve the right, before any legal action to seek an amicable solution.
Otherwise, for customers, the Commercial Court of Bobigny has exclusive jurisdiction, regardless of delivery location and method of payment accepted.
ARTICLE 11 - WARRANTY
Guarantees related to products sold are clearly detailed in their description. To qualify for the guarantee of the products, the Customer must retain proof of purchase of the product and report any fault or defect upon delivery to the carrier as provided for in Article 8.3 of the General Conditions of Sales BLUSHOP.
11.1 - Conditions
Warranty and service after-sale national
Regardless of the contractual guarantee granted, the seller remains liable for defects of conformity of goods with the contract and fatal flaws as provided.
Article L. 211-4 of the Consumer Code:
The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility.
Article L. 211-5 of the Consumer Code:
To comply with the contract, the product must:
Be fit for the purpose usually associated with such a product and, if necessary match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
The features that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L. 211-12 of the Consumer Code:
The action resulting from lack of conformity lapses two years after delivery of the goods. If the buyer goes to court, it must do so within two years after the discovery of the defect (Art. 1648 Civil Code).
NOTE: If you search for amicable solutions before any legal action, it is recalled that they do not interrupt the period of 2 years referred to above. That the consequences of the hidden defect, when it was proven, comprises according to jurisprudence: either completely free repair of the unit, including costs for labor and travel instead of commissioning by the vendor or its replacement or refund all or part of its price in case the device is not replaceable or serviceable; and compensation for any damage caused to persons or property by the failure of the device. The legal guarantee by the seller does not exclude the legal guarantee by the manufacturer.
Section 1641 of the Civil Code:
The seller is required to guarantee against hidden defects of the thing sold which render it unfit for use for which it was intended, or that decrease this use, the buyer would not have acquired, or n 'have offered a lower price if he had known the Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect .
Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect.
11.2 - Procedures
When a product proves defective within 7 calendar days of receipt of the product by the Customer, the Customer must contact BLUSHOP Customer Service by the contact form in the customer account which will indicate the procedure to return the product
No returns will be accepted without prior agreement by the Customer Service and the issuance of a return number as evidence of the actual agreement between the two parties.
Subsequently, the defective product may be returned to BLUSHOP in Return Policy:
in its exact original condition
within its packaging, which must be intact
with all accessories attached thereto
not bearing the trace of a use other than very short (ie allowing only product testing)
with an instruction leaflet
For textile products:
folded in its original packaging
Any product whose operation for defective after the period of 7 days following receipt of the product by the Customer will not be supported by BLUSHOP.
ARTICLE 12 - LEGAL INFORMATION
Intelligence information collected for purposes of distance selling is required, this information is essential for processing and delivering orders, preparing invoices and warranty contracts. Lack of information leads to the non-validation of the Order.
According to law "and Freedoms", the processing of nominatives informations about customers has been declared to the Commission Nationale Informatique et Libertés (CNIL).