1. Scope of application

The General Conditions of Sales and Services (G.C.S.), which are the subject of the present document, are exclusively applicable to liberal and commercial activities (see Lexicon).

The General Terms and Conditions of Sale are intended to govern the contractual relationship between Société BLEU JOUR and the Customer, relating to any purchase made on or through the Site.

When you check your order, by ticking the box provided for this purpose and clicking on the Validate button, you accept these G.S.T. fully and without reservation.

BLEU JOUR asks you to read the T.G.V. carefully before proceeding with any transaction on the Site.

You are bound by the version of the latter in force at the time you submit an online form, materialising your intention to order products from the Site.

These terms and conditions also apply if you choose to place your order through BLEU JOUR's customer service department, which can be reached via the contact form on the Site.

The present General Terms and Conditions exclude the application of any other General Terms and Conditions, unless accepted in writing by BLEU JOUR.

These terms and conditions may be modified by BLEU JOUR without prior notice.

It is your responsibility to check the C.G.V. regularly for any changes.

2. Controls

Orders can be placed via the Internet on our website bleujour.com or with our sales department, by e-mail, by post or by telephone.

2.1 Ordering on the Website

Your Order will be confirmed by the sending of an e-mail automatically generated by our Site, to the e-mail address indicated when creating your customer account.

When you register your Order by selecting a payment method, the sale is definitively concluded.

The Order will only be effective and processed by BLEU JOUR once the payment has been validated by the bank.

Consequently, once payment has been validated, the Sales Order becomes firm and definitive, and the Customer may not cancel or modify it.

2.2 Ordering outside the Website

For all Orders not placed on the BLEU JOUR website, a quotation will be sent by BLEU JOUR, valid for 15 days.

The Order will only be processed on receipt of the quotation duly completed by the Customer, marked "approved", with no manual additions, and indicating the chosen method of payment.

In accordance with the previous article, the request will only be definitive once the payment has been validated by the bank.

2.3 BLEU JOUR's right to refuse Orders

In the event that a Customer has an account with BLEU JOUR, allowing him/her to benefit from certain terms of payment agreed between the parties, the Company may refuse any order in the event of late payment or excess work-in-progress linked to previous Orders.

In this case, and insofar as the contractual default is attributable to the Customer, the latter may not claim any compensation or damages.

3. Awards

Prices are those shown on our Commercial Site.

Goods sold are invoiced at the price shown on our commercial site, unless otherwise agreed in advance.

The prices mentioned in the quotation sent to the customer are valid :

- In the event of a purchase on the Commercial Site, until receipt of the Order confirmation e-mail sent by the Company,

- In the event of a purchase outside the Commercial Site, for the duration of the option granted to the Customer, i.e. 15 days.

Similarly, in the event that the price of goods is indexed to a currency, any variation greater than or equal to 3% to the Company's disadvantage, in relation to the exchange rate of the currency applicable on the day of the offer, will be reflected on the day of invoicing.

All prices are net prices in euros, exclusive of VAT and all other taxes, freight and insurance costs, ex BLEU JOUR warehouse. Any tax, duty or other charge payable in application of French regulations, or those of an importing or transit country, shall be borne by the purchaser.


3.1 Cash payment

All Orders placed by the Customer must be paid for in cash in accordance with the terms and conditions set out in article 2 hereof.

3.2 Payment by instalments

Payment by instalments of an Order is subject to the express agreement of Société BLEU JOUR.

Payment in instalments may be granted according to the volume of the Order and/or in favor of a regular Customer, the list being non-exhaustive.

In this case, all payments made to BLEU JOUR constitute advance payments.

In the event that BLEU JOUR accepts payment by bill of exchange, the latter must be a magnetic LCR, the costs being borne by the Customer.

In the event that payment by instalments is granted by BLEU JOUR, the non-payment of a single instalment on its due date will render the entire price immediately payable, whatever the conditions previously agreed, even if the instalments have given rise to the drawing up of accepted bills of exchange.

BLEU JOUR may also withhold delivery of the goods concerned by the non-payment, until the latter's guarantee is represented.

In accordance with the provisions of article L. 441-6 of the French Commercial Code, late payment penalties will be charged to the debtor in the event of non-payment on the day following the payment date shown on the invoice, not excluding any additional damages that the Company may be entitled to claim. The interest rate for contractual late payment penalties is equivalent to five times the legal interest rate.

In any event, it is agreed that in the event of payment by instalments, the sale is concluded with reservation of title in favour of the Vendor, so that the transfer of ownership to the purchaser is subject to full payment of the price.

In the event of total or partial non-payment of the price and its accessories on the agreed due date, for whatever reason and on whatever basis, the Seller is hereby authorized by the Buyer to proceed with an inventory of all the goods belonging to him, either on a contradictory basis, or with the assistance of a Bailiff in order to exercise the right of reclamation offered to him.

Finally, credit notes are valid and usable for one year from the date of issue. After this period, it will not be reimbursed, nor can it be charged to an invoice.

4. Opening an account

In order to open an account, all new customers must provide the following information when placing their first order:

- K Bis less than 3 months old ;

- Letterhead ;

- RIB ;

- Manager's identity card (front and back).

5. Delivery

5.1 BLEU JOUR delivers the Products to the Customer's address indicated in the order documents.

Delivery dates are given for information only.

Products may be delivered in instalments.

As soon as the Seller provides proof of dispatch of the goods ordered by means of a dispatch note, so that proof of performance of the contract is provided, the risks are borne by the Buyer to whom the goods are consigned.

Consequently, BLEU JOUR cannot be held responsible for any damage caused to the products sold from the time of dispatch.

5.2 Upon receipt, it is important that you examine the Product delivered. The Customer is obliged to check the condition of the packaging, the number and contents of the package(s), as well as the condition of the Products upon delivery. Consequently, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packaging, broken products, etc.) must be noted by the customer in the form of clear, precise and complete handwritten reservations on the delivery note and/or transport note, in the presence of the carrier.

The customer must, at the same time as issuing reservations, confirm the anomaly by sending a registered letter with acknowledgement of receipt to the Carrier within three days of delivery in order to confirm the said claims. A copy of this letter, together with a copy of the delivery note and/or transport note containing the reservations, must be sent by registered letter with acknowledgement of receipt or by e-mail to BLEU JOUR with acknowledgement of receipt, within 7 days of delivery. The Customer is reminded that failure to follow this procedure scrupulously and to respect the deadlines will result in the irrevocable rejection of any request to open a dispute file, so that no further recourse will be allowed against Société BLEU JOUR. If this procedure is not respected, the Customer is considered to have accepted the Product.

5.3 If the Customer refuses the User License Agreement or any third-party Software License Agreement provided and installed by BLEU JOUR, BLEU JOUR will only accept the return of the Product in its entirety (Product and Software) and only if such a request is made within the time period specified in clause 5.2. For any return, the Customer shall make the Product and Software available to BLEU JOUR so that the latter may recover them on the date indicated.

5.4 If the Customer is absent at the time of delivery, a second presentation, at the Customer's expense, will be made by the carrier or its representative; in the event of failure to collect at the indicated location, the material will generally be returned to BLEU JOUR, which reserves the right to dispose of the unclaimed material and to postpone to a later date the execution of the order left unpaid by the Customer on other material.

6. Software

6.1 The Software is subject to separate license agreements, accompanying the software support and any product guides, user manuals or other documents submitted to the Customer upon installation or use. If the Customer requires further information or a copy of these agreements, it is the Customer's responsibility to contact the producer or manufacturer of the Software prior to contracting with BLEU JOUR, in order to obtain detailed information on the terms of use.

6.2 In the absence of license conditions accompanying the Software, BLEU JOUR grants the Customer a non-exclusive license to access and use the Software provided. Software provided or made available to customers by BLEU JOUR as part of the provision of the Services may only be used for the duration of the Services and solely in accordance with the Customer's requirements.

6.3 The following clauses apply to Software provided by BLEU JOUR as part of the Services:

The Customer may not :

- Copy (except for the purpose of making a backup copy), adapt, license, sell, assign, sublicense, generally transfer or encumber the Software;

- Use software as part of a service management contract ;

- Use the Software beyond the authorized number of workstations installed for simultaneous users, sites or other criteria specified in the applicable Service Documents.

The Customer is prohibited from:

- Attempt to use or gain unauthorized access to the networks or equipment of BLEU JOUR or third parties;

- Attempt to probe, scan or test for vulnerabilities in the Software or in any system, account or network of BLEU JOUR or any of its customers or suppliers;

- Interfere or attempt to interfere with any service provided to any user, host or network;

- To transmit unsolicited mass messages or messages of a commercial nature;

- Restrict, limit or more generally affect the ability of any other person, regardless of intent, purpose or knowledge, to use or benefit from the Software (except for tools with security features); or restrict, limit, disrupt or more generally cause a degradation of performance in the facilities of BLEU JOUR (or those of its suppliers) used to provide the Services.

6.4 The Customer grants BLEU JOUR, or an agent designated by BLEU JOUR, the right to audit its use of the Software provided by BLEU JOUR during normal working hours. The Customer agrees to cooperate with BLEU JOUR during such an audit and to provide BLEU JOUR with reasonable access to all records relating to the use of the Software. The

The scope of the audit is limited to verifying the Customer's compliance with the conditions of use relating to the Software in question under this Agreement.

7. Warranty

7.1 Unless otherwise agreed, BLEU JOUR warrants that KUBB Brand Products conform to their specifications and are free from material defects for a period of 36 months from the date of invoice ("Warranty Period") and that BLEU JOUR Brand spare parts are free from defects for a period of 90 days from the date of delivery or for the remaining Warranty Period, whichever is longer. The exercise of one of the options provided for in clause 7.2 below, implies that BLEU JOUR discharges itself of all responsibility with regard to the warranty stipulated at the end of this clause.

7.2 BLEU JOUR shall repair or replace Brand KUBB Products that do not comply with the warranties set forth in clause 7.1, provided that BLEU JOUR has been informed in writing of the alleged defect. If BLEU JOUR elects to replace Brand KUBB Products or parts, pursuant to the warranty provided in clause 7.1, then BLEU JOUR shall deliver, at its own expense, the replacement Products or parts to the Customer at the address to which the defective Brand KUBB Products were delivered and ownership of the defective Products or parts to be replaced shall revert to BLEU JOUR. The Customer shall take all steps reasonably necessary to deliver to BLEU JOUR the defective Products to be replaced and BLEU JOUR shall be entitled to charge the Customer a fee if such defective Products or parts are not returned upon request.

7.3 BLEU JOUR warrants that the Services and Deliverables conform to the Service Documents and that the Services are performed with reasonable skill and care during the applicable Service Period.

The times indicated in the Service Documents may vary, without engaging the responsibility of BLEU JOUR, according to geographical location, accessibility to the Product and availability of spare parts.

7.4 BLEU JOUR will not incur any liability under the warranty stipulated in clause 7.1 in the following cases:

- For any defect resulting from normal wear and tear, intentional damage, negligence, abnormal operating conditions, failure to follow BLEU JOUR's instructions (oral or written), misuse or modification, adjustment or repair of the Products and/or Software without BLEU JOUR's approval;

- For all Products, Software, Deliverables, Media or Equipment not manufactured or produced by BLEU JOUR, for which the Customer is only entitled to the benefit of the applicable warranty granted by the manufacturer or supplier to BLEU JOUR insofar as it is transferable by BLEU JOUR to the Customer;

- For any type of defect, damage or wear, expressly excluded by written notification from BLEU JOUR, and/or if the Customer continues to use the Products and/or Software after having sent a notification as provided for in clause 7.2.

7.5 BLEU JOUR makes no warranty that Products, Software, Deliverables or Services will work with any specific configuration not provided by BLEU JOUR or produce any particular result, even if such configuration or result has been discussed with BLEU JOUR. The Customer is responsible for the confidentiality and safeguarding of its own data.

7.6 It is expressly agreed between the Company and the Customer that the Vendor shall not be held liable for any hidden defects under the provisions of Article 1641 of the French Civil Code and, more generally, for any legal or regulatory provisions not applicable between professionals.

7.7 Service may be provided by telephone or via the Internet, depending on the nature of the problem to be solved. The telephone call may be recorded for information purposes. The Customer is obliged to address BLEU JOUR's agents courteously, to cooperate with them and to provide any information requested by BLEU JOUR and necessary for the provision of the service. All telephone and postal charges incurred by the Customer in contacting BLEU JOUR remain at the Customer's expense.

8. High-risk activities

The Customer acknowledges that the Products, Software, Deliverables and Services are not designed or intended for use in hazardous environments requiring fail-safe operation, including, but not limited to, the operation of nuclear facilities, air navigation or communication systems, air traffic control, weapons systems, resuscitation devices or any other application for which the failure of the Products, Software, Deliverables or Services is likely to result directly in death, personal injury or severe physical or property damage ("High Risk Activities"). BLEU JOUR expressly disclaims all warranties, express or implied, of suitability of its Products or Services for High Risk Activities.

9. Privacy

Each party shall ensure the strict confidentiality of all information received from the other party.

10. Force Majeure

Force majeure events are those which are independent, unforeseeable and irresistible of the will of the parties. The parties are not liable for such events. In particular, the following are deemed to be force majeure events: strikes, acts of terrorism, war, problems affecting suppliers, transport or production, exchange rate fluctuations, acts of public authorities, natural disasters. Cases of force majeure are also expressly considered to be those generally accepted by the jurisprudence of French courts and tribunals.

11. Compliance with export laws

11.1 The Customer acknowledges that the Products, Deliverables, Software and Services provided under this Agreement (and which may include technology and encryption) are subject to the export control and customs laws and regulations of the United States and the European Union. They may, however, be rendered or performed in countries outside the

United States or the European Union, or outside the borders of the country where the Customer or the Customer's Products are located, and may also be subject to the export control and customs laws and regulations in force in the country where the Products, Deliverables, Software or Services are rendered or received.

Under these laws and regulations, Products, Deliverables, Software and Services purchased under this Agreement may not be sold, leased or transferred to end-users or restricted countries. In addition, the Products, Deliverables, Software and Services may not be sold, leased, transferred or used by any end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development, production or use of nuclear material, nuclear facilities or nuclear weapons, missiles or support for missile projects or chemical or biological weapons. The customer undertakes to comply with these laws and regulations.

11.2 The Customer declares that none of the software it supplies and uses in connection with the Products, Deliverables, Software or Services contains encryption or, to the extent that it does contain encryption, that such software is subject to unlicensed export authorization. If the Customer is unable to make the foregoing representation, the Customer agrees to provide BLEU JOUR with all information necessary to obtain export licenses from the French government or any other competent national government and to provide BLEU JOUR with additional assistance, if any, in obtaining such licenses.

Notwithstanding the foregoing, the Customer remains solely responsible for obtaining the necessary licenses relating to the export of Software. BLEU JOUR may also require the Customer to obtain export certificates for the Software.

11.3 BLEU JOUR's acceptance of any order for Products, Deliverables, Software or Services is subject to the issuance of all export licenses required by the French authorities or any other competent authority. BLEU JOUR shall not be held liable for any delay or failure to deliver Products, Deliverables, Software or Services resulting from the Customer's failure to obtain such licenses or to provide such certifications.

11.4 The Customer agrees to indemnify, defend and hold harmless BLEU JOUR against any third party claim, demand or suit based on the Customer's actual or alleged violation of applicable export laws.

12. Resolutory clause

If, within one month following a formal notice sent by the Company to the Customer by registered letter with acknowledgement of receipt, the Customer fails to pay the outstanding sums due, the sale will be automatically cancelled and may give rise to a claim for damages against BLEU JOUR, in addition to the late payment penalties provided for in article 3.2.

13. Compliance with the WEEE Directive

BLEU JOUR is responsible for compliance with Directive 2002/96/EC on waste electrical and electronic equipment ("WEEE Directive"), including, in particular: the declaration of equipment placed on the market, the payment of ecological taxes to the competent authority, where applicable, and the return of the product to BLEU JOUR's collection facilities in accordance with the WEEE Directive, as transposed into national legislation. Products deposited at collection facilities will be recycled by BLEU JOUR in accordance with the WEEE Directive.

The Customer undertakes to return, at its own expense, the products to BLEU JOUR's designated collection facilities in accordance with BLEU JOUR's WEEE recycling program.

14. Jurisdiction and applicable law

All disputes relating to the conclusion, interpretation or execution of the present General Terms and Conditions of Sale are subject to French law, and will fall within the jurisdiction of the Cour d'Appel de TOULOUSE.

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