TERMS AND CONDITIONS OF USE
UPDATE DATE: JANUARY 1, 2024
1. General
BLEU JOUR is a limited liability company with its registered office at 37 Av. Jules Julien, 31400 Toulouse - FRANCE, and is registered in the Toulouse Trade Register under number B 441 576 048. Its VAT number is FR 29 441 576 048. Its customer service can be reached by email at contact@bleujour.com and by telephone on 09 81 07 00 00 for all countries from which the site is accessible. BLEU JOUR Sarl (hereinafter referred to as "BLEU JOUR") distributes and publishes the www.bleujour.com website (hereinafter referred to as the "Site"). By accessing or browsing the Site or the services offered via the Site (hereinafter referred to as the "Services") and by using them, the user of the Site (hereinafter referred to as "You" or the "User") agrees to be bound by the general terms and conditions of use of the Site (hereinafter referred to as the "TOU") in their entirety. Please refrain from using or accessing the Site or the Services if you do not accept these TOU without reservation. The version of the GTU that is binding on you is the one that is online at the time you use the Site or its Services. These GTCU may be modified at any time by BLEUJOUR, without prior notice. You undertake to consult the GTU regularly in order to keep up to date with the latest modifications.
2. Use of the Site and Services
You agree not to exchange, modify, copy, reproduce, publish, display, transmit, distribute, display on screen, perform, transfer or sell any postings, messages, texts, files, images, photos, videos, sounds or any other elements of the Site (hereinafter collectively referred to as the "Content") originating from the Site, including any text, image, audio or video excerpts, for any purpose whatsoever. You agree not to interfere or attempt to interfere with the proper working of the Site or Services in any way whatsoever. Subject to these TOU, BLEU JOUR grants you a worldwide, non-exclusive, non-transferable, non-assignable, limited license to access, display and use the Site. You agree not to upload, post or transmit, via the Site or the Services, any material that :
- Restricts or interrupts another individual's access to the Site and/or its Services;
- Is fraudulent, illegal, harmful, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or invasive of another's privacy;
- Constitutes or encourages conduct likely to result in criminal consequences, give rise to civil liability or violate the provisions of the law;
- Violates or infringes the rights of another party, in particular, a patent, trademark, trade secret, copyright, other exclusive rights or an attribute of personality right;
- Contains a virus, malware, Site Content indexing software, data mining process, automatic data collection device, automatic data extraction tool or other harmful component; or
- Unsolicited or unauthorized promotional or advertising content such as spam, chain letters, pyramid schemes or any other form of unauthorized solicitation;
However, a limited exception is granted to general Internet search engines and non-commercial public archives that use tools to collect information for the sole purpose of displaying hypertext links to the Site, provided that each does so from a fixed IP address or range of IP addresses using an easily identifiable agent.
3. Services
3.1 General Services
The purpose of the Site is to present and sell BLEU JOUR products via an online store. The sale of products is governed by BLEU JOUR's General Terms and Conditions of Sale (hereinafter referred to as "GTCS") which are available below on this page. Please note that although the Site is accessible worldwide, the purchase of products presented on the Site is reserved for customers domiciled in the territories specified in the GCS, which you should read before ordering from the Site. BLEU JOUR reserves the right, temporarily or permanently and at its sole discretion, to implement new Services such as newsletters, e-mail, instant messaging, blogs, discussion forums or other Services on the Site.
3.2 Chat Service
BLEU JOUR may add a "chat" service, in order to better answer Your questions (hereinafter referred to as the "Chat Service"). Any user accessing the Chat Service agrees to abide by these Terms and Conditions and not to post any content (this list is not exhaustive) of a violent, pornographic, racist, anti-Semitic, and/or xenophobic nature, infringing intellectual property rights, privacy rights, and/or confidentiality commitments. BLEU JOUR gives you the possibility of personalized assistance by authorizing its Chat Service or Customer Service to take control of your account. BLEU JOUR may make a request to this effect on the Chat function, and you may reply that you accept it. Your consent will be recorded, and the manipulation of your account concerns only the Site, and in no way your computer or any other Internet site. When you use the Chat Service, you agree that all of your messages will be recorded, in particular for quality control purposes, and that if, for example, any of your messages seem insulting, BLEU JOUR reserves the right to block your access to the Chat Service. You authorize the publication of the content of your messages and hereby grant BLEU JOUR a license to the following rights:
- The right to reproduce the content on any multimedia medium, paper, film, optical disk format, etc., and in any form of graphic art, authorized by any technical process and by any processing mode (analog, digital, etc.) intended for terminals such as computers, cell phones, digital tablets, etc., in any type of format, as well as the right to store, archive and host it on the servers used by BLEU JOUR in any type of format;
- The right to communicate the content to the public by any means and through any communication network, including Internet, intranet, WAP, I-Mode, hertzian, cable, telematic, and/or digital download, etc... ;
- The right to adapt the content, in any format and framing, all illustrated with captions, text and comments, this right being understood as the right to modify the content, in particular for reasons of graphics, format, clarity and/or color, which may be imposed by the particular technical formats mentioned above.
This content license is valid for all languages, for the world and for the duration of copyright protection, in accordance with French law and applicable international conventions. You acknowledge that you will not receive any remuneration for these content publications.
You expressly guarantee that the content you publish on the site is original and belongs to you, that it does not infringe the intellectual property rights of a third party or violate anyone's privacy.
4. Modification, interruption or termination of Services
BLEU JOUR reserves the right, without notice and at its sole discretion, to terminate or restrict in whole or in part your right to access or use the Site and/or to modify or discontinue any Service. You acknowledge that BLEU JOUR may do so without incurring any liability whatsoever.
5. Creating a user account
You may register on the Site in order to obtain a personal account (hereinafter referred to as the "User Account").
The User Account allows You to obtain many advantages such as :
- Check the status of your orders
- View your previous orders
- Modify your account information
- Change your password
- Add alternative delivery addresses (for family and friends)
- Subscribe to BLEU JOUR newsletters.
If you have forgotten your password, BLEU JOUR can send you a new one via a secure Internet connection to the e-mail address you provided when you registered. You will then be able to log back into your User Account to change your password.
By registering, You agree and undertake to:
- To provide only true, current, complete and accurate information, as requested in the registration form or any other form you fill out on the Site;
- To maintain and update the information provided to BLEU JOUR;
- Protect the confidentiality of your username and password;
- Assume responsibility for all activities that occur under your user name and password.
You are responsible for all losses, expenses, damages and any additional costs resulting from the disclosure of false, incorrect or incomplete information on your part, or from the failure to update the information provided at the time of your registration or at any other time during your use of the Site and/or the Services.
6. Site content
BLEU JOUR undertakes to provide accurate descriptions and representations of the products presented on the Site. However, BLEU JOUR does not guarantee that the information and graphics contained on or accessible via the Site are reliable, accurate, up-to-date, useful or comprehensible at all times.
The Site may contain typographical errors, inaccuracies or omissions, some of which may relate to the price, availability or characteristics of the Products. BLEU JOUR reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been placed, and to modify and/or update the aforementioned information at any time and without prior notice.
7. Intellectual property
All Content and, more generally, all elements communicated or made available on the Site (texts, images, sounds, etc.), excluding content provided by users, are the exclusive property of BLEU JOUR or are used by BLEU JOUR with the express authorization of the holder of the copyright and/or trademark rights concerned. These elements may not be reproduced, used or represented without the express authorization of BLEU JOUR or the third party owners. You acknowledge and agree that any infringement of copyright, trademark or other intellectual property rights may result in civil and/or criminal penalties.
8. Electronic data transfer security
BLEU JOUR strives at all times to maintain the highest standards of computer security. However, no data transmission over the Internet can be considered completely secure and private. You acknowledge that any message or information you send to the Site or via the services may be read or intercepted by third parties. Sending an e-mail to BLEU JOUR does not create any reciprocal obligation or liability on the part of BLEU JOUR to you.
9. Links to other sites
The creation or maintenance of a link to the Site must be authorized in advance in writing by BLEU JOUR. However, BLEU JOUR may, without prior notice and at its sole discretion,
temporarily or permanently, at any time, revoke any such authorization without liability. The Site may contain links to other Internet sites or may itself be accessible via other Internet sites. BLEU JOUR provides and authorizes these links for your convenience, and is not responsible for the content of websites linked to the Site in this way. The inclusion on the Site of links to other sites does not imply approval, endorsement, sponsorship or recommendation by BLEU JOUR of such sites. Accordingly, BLEU JOUR makes no warranty, express or implied, as to the accuracy, legality, reliability or validity of any content of any other website.
10. Confidentiality and privacy
BLEU JOUR attaches great importance to respecting your privacy. BLEU JOUR is committed, within the framework of its activities and in accordance with the legislation in force in France, Europe and throughout the world, to ensuring the protection, confidentiality and security of users' personal data.
All personal information that BLEU JOUR collects about you in connection with your use of the Site is subject to a BLEU JOUR Privacy Policy, which can be viewed by clicking on the following link: Privacy Policy.
11. Minors
www.bleujour.com does not sell products that can be purchased by children (persons under the age of 18). Products intended for children must be purchased by adults. If you are under 18, you may use www.bleujour.com only with the involvement of a parent or guardian.
12. Exclusion of liability
BLEU JOUR, its representatives, employees and officers shall not be liable for any damages resulting from your use of the site and services and/or the conduct of other users. In particular, BLEU JOUR declines all responsibility in the event of technical, computer or other damage resulting from your use of the services.
13. Nullity
If any provision of these TOU is found by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, that provision shall nonetheless be enforced to the maximum extent permissible so as to reflect the intent of the parties. The remaining provisions of the TOU shall remain in full force and effect without being altered or invalidated in any way.
14. Jurisdiction and applicable law
All contracts concluded with BLEU JOUR are governed by French law, to the exclusion of the rules of private international law. Any dispute arising directly or indirectly from the conclusion, interpretation or performance of a contract with BLEU JOUR shall be submitted exclusively to the courts of Toulouse (France).