TERMS AND CONDITIONS OF SALE

APPLICABLE TO SALES TO CONSUMERS - B TO C
Update date: January 1, 2024

ARTICLE 1: SCOPE OF APPLICATION

The present General Terms and Conditions govern strictly and in their entirety all sales made in France by the company BLEU JOUR as identified at the bottom of the page for the benefit of the Customer as defined below.

BLEU JOUR and the Customer are hereinafter individually referred to as a "Party" and together as the "Parties".

Any order placed with BLEU JOUR implies that the Customer has read and accepted these Terms and Conditions. The Customer's acceptance of these General Terms and Conditions is evidenced by the fact of checking the box next to the words "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 an Order and after checking the Order summary.

These general terms and conditions of sale govern all stages of the sale, from the placing of the Order to the guarantee of the Products ordered, including payment, Delivery and withdrawal by the Customer.

BLEU JOUR reserves the right to modify or adapt these General Terms and Conditions at any time and without prior notice, in particular to bring them into line with legal and regulatory provisions. The General Terms and Conditions applicable to each Order will be those in force on the day of final validation of the Order by the Customer.

 

ARTICLE 2: DEFINITIONS

"Customer" refers to any natural person of legal age who is legally capable of entering into a contract and qualifies as a consumer within the meaning of the French Consumer Code, i.e. any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.

"Order" means any offer by the Customer to purchase any Product offered by BLEU JOUR on its Internet Site or by any other means, including direct contact with BLEU JOUR's sales department.

"Account" refers to the Customer account used to place Orders for Products offered for sale by BLEU JOUR on its Internet Site.

"Delivery" means the handing over of the ordered Products either to the Customer, or to a third party designated by the latter, or to the carrier designated by the latter.

"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 on the Website

Product description

The essential characteristics of the Product are indicated in its "product sheet". BLEU JOUR reserves the right to modify or delete the product sheet according to the evolution of its ranges, the characteristics of the Products it offers for sale and its stocks.

Product availability is guaranteed from the moment the Order is confirmed. The Customer is informed that a selected Product may no longer be available at the time of confirmation due to a concurrent Order from a third party. In such a case, Order confirmation will not be possible for the Product in question.

The unavailability of a Product is displayed on its "Product" page.

Create an account

To place an order on the BLEU JOUR website, the customer must first create an account. In order to do so, the customer must fill in the form with information allowing him to be identified and in particular, his surname, first name, telephone number, e-mail address, billing and delivery address, and the password he has chosen.

To finalize the creation of his account, the Customer must then accept the terms of use and read the Site's privacy policy.

The password is personal and confidential. The Customer is entirely responsible for the use and preservation of his password. The Customer undertakes to do everything in his power to keep his password secret and not to divulge it. In order to preserve the confidentiality of the password, the Customer is invited to log out of the Website at the end of each order.

BLEU JOUR must be notified immediately in writing of any loss or unintentional disclosure of information that could enable a third party to gain knowledge of a Customer's password, so that BLEU JOUR can change the Customer's username and/or password. BLEU JOUR shall not be held liable for any damage resulting from the loss or disclosure of a Customer's password.

If the password is forgotten, the Customer must indicate this in the "Forgot your password?" section; he/she will then receive an email to reset his/her password at the email address indicated in the Account details.

Ordering steps

The Customer may place an Order from the Product references available on the BLEU JOUR Website.

Each of the Products available on the BLEU JOUR Website is the subject of a Product Sheet accompanied by photographs, which indicate the main technical characteristics of the Products offered. As the visual of the Product may differ from the presentation provided, the photographs on the Product Sheets are for illustrative purposes only, and only the technical description is contractually binding.

From the references available on the BLEU JOUR Website, the Customer selects the Products he/she wishes to purchase by clicking on the "Order" button.

At all stages of the Order process, the Customer can view and modify the contents of his/her Order by clicking on the "My basket" button.

Once the Customer has chosen the Products they wish to purchase and checked the contents of their Order, they can proceed to finalize their Order by clicking on the "Finalize my Order" button.

To validate the Order, the Customer must log in to his Account using his e-mail address and password.

To complete and validate the Order, the Customer must, after having checked the summary of his/her Order, then consulted and accepted the present General Terms and Conditions, enter the various information required for payment.

The Order is only considered final and binding on the Parties once it has been validated, including payment by the Customer. Until the Order is definitively validated, the Customer may abandon or modify it at any time.

Once the Customer has validated his/her Order, it is recorded by BLEU JOUR. A confirmation email is then sent to the Customer's address. The confirmation email summarizes all the information relating to the Order.

3.2 Ordering by phone

Customers who prefer to place their Orders through Customer Service should contact BLEU JOUR on 09 81 07 00 00.

After transmission of the Order, Customer Service will request - by telephone only - the information required to enable payment of the Order. No bank details should be sent to Customer Services by e-mail or via the contact form.

Details of the Order and its conditions are sent to the Customer by e-mail without delay.

3.3. Order follow-up

Any modification of an Order subsequent to its validation by the Customer requires the prior written agreement of BLEU JOUR, which may be required to revise the price and lead times initially agreed upon accordingly, if necessary.

Subject to informing the Customer concerned as soon as possible, BLEU JOUR reserves the right to refuse any Order for legitimate reasons and, more particularly :

- if the quantities of Products ordered are abnormally high for buyers with consumer status;

- if the Order comes from a Customer who has not paid in full for a previous Order, or with whom a dispute of any kind is in progress;

- if Delivery is requested to an address other than that specified as the Customer's place of residence, in order to prevent fraud.

Any Order placed in bad faith, any fraud or attempted fraud, or any Order payment incident may result in the deletion and/or deactivation of the Account concerned and/or the refusal of the Order.

3.4. Pre-order

Certain Products may be presented on the Website as part of a pre-sale communication. Customers may then express their interest by selecting the product.

Such a step will not result in the Order of the Product in question, but the Customer will be informed as soon as the Product is available, and will be responsible for proceeding with the Order if he/she is still interested.

 

ARTICLE 4: RIGHT OF WITHDRAWAL

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has the right to withdraw from the Order within fourteen (14) calendar days of delivery.

When this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

In application of article L.221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal for certain Products, due to their customization or, for software, once they have been unsealed. In any case, these Products will be specifically identified during the Order summary.

When exercising the right of withdrawal, the Customer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

In particular, the Customer undertakes to take particular care with the packaging of the Product being returned. Any Product returned must have been protected and packaged in its original box and carton, and must be accompanied by all accessories present when the package is opened, such as, where applicable, depending on the nature of the Product: mains power supply, installation manual, screwdrivers, cleaning cloths, etc.

If the returned Product has been damaged, BLEU JOUR reserves the right to deduct the repair costs from the amount to be re-credited to the Customer.

For administrative purposes, the return of Products following retraction must be carried out according to the following procedures:

- Printing by the customer of the e-mail sent by BLEU JOUR as a return slip and of the carrier's label;

- Place the original box(es) in the shipping carton, the BLEU JOUR return slip and the original purchase invoice;

- Secure closure of the shipping carton.

The Customer has a maximum of fourteen (14) days from the date on which he indicated that he wished to exercise his right of withdrawal to return the Products.

BLEU JOUR will proceed with the reimbursement at the latest within fourteen (14) days from the date of receipt of the Product or proof of shipment of the Product, whichever comes first.

BLEU JOUR will use the same method of payment that the Customer used for the initial order, unless the Customer expressly requests a different method.

In accordance with article L.221-23 of the French Consumer Code, the Customer shall bear the direct cost of returning the Product(s) purchased.

 

ARTICLE 5: PRICES

The prices shown on the Product sheets are in euros, including all taxes applicable in mainland France, but excluding delivery charges. Delivery charges are calculated automatically for each Order, and are shown on the Order summary before final confirmation.

Any Order delivered outside mainland France may be subject to local taxes, customs duties, octroi de mer and customs clearance fees at the time of delivery. Payment of these charges is the responsibility of the Customer. It is the Customer's responsibility to contact the relevant authorities in the country of delivery for this purpose.

BLEU JOUR reserves the right to modify its prices at any time and without prior notice. BLEU JOUR reserves the right to modify its prices at any time. BLEU JOUR may also pass on any new tax or contribution, whether upwards or downwards, which may be introduced or modified, to the sales price of the Products.

Nevertheless, the price invoiced and payable by the Customer will be that in force on the date of final validation of the Order. The price to be paid may not be modified after the Order has been validated by the Customer.

 

ARTICLE 6: PAYMENT

The total amount (including delivery costs) of the Order is indicated at the time of the Order summary as validated by the Customer and paid by him/her during the payment phase, as well as in the summary e-mail sent to him/her.

The Customer may pay for his Order by the following methods:

By credit card :

BLEU JOUR accepts French CB and Visa bank cards and international Eurocard, Mastercard and American Express bank cards. All other cards will be refused.

The payment process is protected by the 3-D Secure protocol. 3-D Secure is a secure Internet payment protocol. Deployed under the trade names Verified By Visa and MasterCard SecureCode, 3-D Secure was developed by Visa and Mastercard to enable merchants to limit the risk of fraud on the Internet.

Internet, linked to identity theft attempts. Every time you make an online payment, you need to make sure that the card is being used by its true owner.

By Paypal account: The customer is invited to consult the Paypal.fr website to find out how this method of payment works.

By crypto-currency and the platform of our partner UTRUST :

For more information on these payment methods, please visit our partner's website https://utrust.com.

In accordance with current regulations, BLEU JOUR does not store banking details relating to the Customer. Only BLEU JOUR's payment terminal operator, the CIC bank, has access to this information. It is therefore the Customer's responsibility to save and print the payment certificate in order to retain the banking details of the transaction.

The customer can accept the electronic transmission of invoices in the Account settings. Electronic invoices will be made available in .pdf format in the "Your Account" area. For each Order, the dispatch confirmation e-mail will indicate when the electronic invoice is available. At any time, the Customer may make a request to Customer Service to receive a paper copy of the invoice.

 

ARTICLE 7: DELIVERY

Delivery in France :

Deliveries are made to the Customer's home address or to the address specifically indicated by the Customer when placing the Order.

The place and date of delivery of the Product(s) are specified in the Order Confirmation.

Except in cases of force majeure, if the above-mentioned time limit is exceeded, and after formal notice has been sent by registered letter with acknowledgement of receipt or by e-mail to deliver within a reasonable time and no later than thirty (30) days after the conclusion of the contract for the Order, the Customer will have the option, under the same terms and conditions, of rescinding the contract and requesting reimbursement of the price paid, unless Delivery has taken place in the meantime.

BLEU JOUR will reimburse all sums paid within fourteen (14) days of the resolution of the Order.

Delivery outside France :

It is the Customer's responsibility to check with the local authorities in his/her country for any restrictions on the import or use of the products or services he/she intends to order.

The customer is informed that cross-border deliveries may be opened and inspected by customs authorities.

On receipt of the Products, the Customer must check the condition of the packaging, the number and contents of the package(s), and the condition of the Products. 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 to BLEU JOUR as soon as possible for processing.

BLEU JOUR informs the Customer that the Products may contain technology and software subject to the export control laws of the United States and the European Union, as well as the laws of the country where they are delivered or used. In accordance with these laws, Products may not be sold, rented or transferred to users or countries subject to restrictions.

 

ARTICLE 8: PRODUCT WARRANTY

8.1 Legal warranties

Independently of any commercial warranty otherwise granted, BLEU JOUR is bound by the legal warranty of conformity under the conditions of articles L.217-4 to L.217-12 of the French Consumer Code and the warranty for hidden defects under the conditions of articles 1641 to 1648 and 2232 of the French Civil Code.

Under the legal warranty, the consumer: - has two years from the date of delivery of the good to take action; - can choose between repair or replacement of the good, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code; - does not have to prove the existence of the lack of conformity of the good during the twenty-four months following delivery of the good. The legal warranty of conformity applies independently of any commercial warranty. The consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Article L.217-4 of the French Consumer Code :

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions and installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L.217-5 of the French Consumer Code :

"The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods, and if so :

if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L.217-12 of the French Consumer Code:

"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L.217-16 of the French Consumer Code:

"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

Article 1641 of the French Civil Code:

"The seller is liable for defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Paragraph 1 of Article 1648 of the French Civil Code:

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

8.2 Contractual warranty

In addition to the terms of the aforementioned legal warranties, BLEU JOUR provides the Consumer with a contractual warranty as follows:

- BLEU JOUR guarantees the conformity of the Products with respect to their description and is liable for defects in conformity for the duration specifically indicated for each Product.

- BLEU JOUR's warranty obligations are subject to the Products being used in accordance with their intended purpose, and do not cover modifications or repairs made by a third party.

- BLEU JOUR does not warrant the suitability of the Product for any particular purpose, nor does it warrant that the Product will meet any specific performance criteria other than those set forth in the Product Data Sheet.

- The BLEU JOUR warranty does not cover damage due to an external cause such as shock, humidity, electrical surge, environmental conditions of the Product such as exposure to heat, dust, residues such as sawdust, hair, nicotine, etc., installation and use on an unstable surface or any unauthorized modification of the Product.

- BLEU JOUR repairs using new or equivalent components, in accordance with industry standards and usage.

- The warranty is provided in France, by returning the Product to BLEU JOUR.

- The warranty does not cover third-party parts added to the BLEU JOUR Product or any service, repair or maintenance performed by a third party.

BLEU JOUR undertakes to repair and/or replace the Products in accordance with current legislation, giving preference to the Customer's choice, except in cases where the cost of this choice would be manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect (Article L.217-9 of the French Consumer Code). BLEU JOUR will do its utmost to guarantee the best possible lead times, but these may vary depending on various factors, in particular the availability of parts and the conditions of return delivery.

The return of the Product to BLEU JOUR must be preceded by the Customer's receipt of an e-mail from BLEU JOUR containing the return references to be included in the package. A premature return will prevent the administrative processing of the return, for lack of reference, which is likely to cause delays in the performance of BLEU JOUR's services on the Product.

Before any return to BLEU JOUR or any intervention by BLEU JOUR, it is the Customer's responsibility to remove any products not supplied by BLEU JOUR and to back up any data stored on the Product.

8.3. Warranty exclusions

The Customer shall not be entitled to any warranty if :

- the damage or defect is apparent (and without any claim on the part of the latter under the conditions of his right of withdrawal);

- the damage or defect is due to the transport of the Product when the Customer entrusts the Delivery of the Product to a carrier other than the one proposed by BLEU JOUR (in accordance with article L. 216-5 of the French Consumer Code);

- the damage or defect results from abnormal use of the Product by the Customer;

- the Product has been modified, adapted or repaired in a way that has not been authorized by BLEU JOUR.

 

ARTICLE 9: LIABILITY

BLEU JOUR is automatically responsible to the Customer for the proper performance of the obligations arising from the Order.

However, BLEU JOUR shall not be held liable in the event that the non-performance or improper performance of an obligation is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party to the Order, or results from an event of force majeure, as defined by the regulations and case law of the French Courts.

Accordingly, BLEU JOUR shall not be held liable for damages of any kind, whether material or immaterial, direct or indirect, which may result from improper use of the Product or from adaptation or modification carried out at the sole initiative of the Customer.

In this respect, the Customer is solely responsible for the use and exploitation of the Product ordered. BLEU JOUR shall not be held liable in the event of infringement of legislation or the rights of third parties in connection with such use and exploitation.

 

ARTICLE 10: SOFTWARE

10.1. Operating system

Unless expressly requested by the Customer at the time of Ordering, BLEU JOUR supplies by default a Product on which an operating system is pre-installed under the conditions of the Product sheet. This operating system is the property of a third-party publisher and is subject to a license which the Customer must accept at the time of installation.

As BLEU JOUR is not the publisher of this operating system, it does not guarantee it, and it is the Customer's responsibility, in the event of difficulty, to contact the publisher of this operating system directly.

BLEU JOUR cannot be held responsible if the operating system is used by the Customer outside the territory covered by the license.

10.2. Software and packages

In the same way, any software or software package supplied to the Customer by BLEU JOUR at the time of any sale of Product is, and remains, the property of the publisher of said software or software package. Use is governed by the license agreement concluded between the Customer and the publisher.

BLEU JOUR shall not be held liable for any guarantee in respect of the software or software package in question, except in the event of any alteration of the medium for which it may be held responsible.

BLEU JOUR shall not be held liable in the event that the software or software package is used by the end customer outside the territory covered by the license.

The Customer must check that the software or the software package is compatible with all the other elements that he has acquired or intends to acquire, in order to ensure the proper functioning of the whole. To this end, the Customer may contact the BLEU JOUR customer service department on 09 81 07 00 00.

 

ARTICLE 11: INTELLECTUAL PROPERTY

All intellectual property rights and other rights related to the Website and/or the Products, including copyrights, trademarks, patents, designs, database rights, as well as any other intellectual property or other rights, are and remain the exclusive property of BLEU JOUR and, for licensed technologies, of their authors and/or owners.

In accordance with and within the limits of the provisions of Article L.342-1 of the French Intellectual Property Code, BLEU JOUR prohibits the extraction or reuse of all or part of the content of its Website.

The Customer acknowledges the existence of such proprietary and intellectual property rights and shall not take any action to infringe, limit or restrict in any way the ownership or rights of BLEU JOUR with respect to the Website and/or the Products.

If the Customer wishes to use and/or distribute data, information and/or content from the Website or the Products offered in another context, he/she must first submit a written request to the address of BLEU JOUR's head office or by e-mail to contact@bleujour.com.

The Customer agrees not to use the Website for any commercial purpose, or to rent, lease, loan, sell, publish, license, sublicense, distribute, assign or transfer in any way all or any part of the Website to any third party without the express prior written consent of BLEU JOUR, which may be subject to a fee.

 

ARTICLE 12: FORCE MAJEURE

Force majeure events are those which are independent, unforeseeable and irresistible of the will of the Parties. The Parties shall not be held 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.

 

ARTICLE 13: DATA PROTECTION

BLEU JOUR undertakes to respect the Customer's privacy, as well as the security and confidentiality of data and information communicated to it by the Customer.

Within the framework of the collection and processing of personal data, BLEU JOUR provides the Customer with all the information relating to the conditions of processing of this data and to the rights available to the Customer in its specific section "Privacy Policy" at the address https://www.bleujour.com/pdc/

As a reminder, the Customer has :

- the right to access all personal data being processed;

- the right to request rectification;

- the right to request deletion;

- the right to request limitation;

- the right to object at any time to the processing of personal data for canvassing and/or statistical purposes;

- the right to define directives concerning the conservation, deletion and communication of personal data after his/her death;

- the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés.

 

ARTICLE 14: GENERAL PROVISIONS

If any provision of these General Terms and Conditions, or any part thereof, is found to be invalid under any applicable law or regulation, or as a result of a final court decision, such provision shall be deemed to be unwritten, but shall not invalidate the General Terms and Conditions as a whole, or the provision only partially affected thereby.

The fact that one or other of the Parties has not required, temporarily or definitively, the application of a stipulation of the present General Terms and Conditions shall not be considered as a waiver of the rights held by that Party.

 

ARTICLE 15: MEDIATION

In the event of a dispute between the Parties, the Customer has the right to have recourse free of charge to a consumer mediator with a view to amicably resolving the dispute with BLEU JOUR. In this respect, BLEU JOUR guarantees the Customer effective recourse to a consumer mediation system.

By default, BLEU JOUR offers the Customer recourse to the following consumer mediator:

- Name of mediator: Maître Christine Valès

- Mediator's organization: MEDICYS

- Mediator's address: Toulouse (31)

- Ombudsman's website: www.medicys.fr

- Ombudsman contact: contact@medicys.fr

The Parties agree that the dispute cannot be examined by the Consumer Mediator when :

- the Customer does not justify having previously attempted to resolve the dispute directly with BLEU JOUR by means of a written complaint sent by registered letter with acknowledgement of receipt to BLEU JOUR within fifteen (15) days of delivery of the Product;

- the request is manifestly unfounded or abusive;

- the dispute has been or is being examined by another mediator or by a court;

- the Customer lodged the request with the mediator more than one (1) year after his written complaint to BLEU JOUR;

- the dispute does not fall within the mediator's jurisdiction.

 

ARTICLE 16: APPLICABLE LAW AND DISPUTES

The present General Terms and Conditions, as well as all contractual relationships that may result from them, are governed by French law.

In the absence of an amicable solution between them, in particular through mediation, the competent courts may be seized by the most diligent party.

Basket
Back to top