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General terms and conditions of sale

GENERAL TERMS AND CONDITIONS

OF SALES

 

You are currently connected to the website www.eliebleu.com (hereinafter referred to as "the Site") or have been redirected to the said Site, which is dedicated to the online sale of designer goods and products ELIE BLEU and/or distributed by the company ELIE BLEU or one of its subsidiaries or partner companies.
This site is published by e-Bleu, a limited liability company with capital of 1,000 euros, whose registered office is located at 125 Avenue Laurent Cély, 92230 Gennevilliers, France, registered with the RCS Nanterre B 529 508 202. Tél 01 47 99 64 10, Fax : 01 47 99 64 19, mail : [email protected]. The Site is the property of e-Bleu SARL.

These General Terms and Conditions of Sale are entered into on the one hand by SA Elie Bleu with capital of 40,000 euros, whose registered office is at 125 Avenue Laurent Cély, registered in the Nanterre Trade and Companies Register under number B329712590, hereinafter referred to as " Elie Bleu ", and on the other hand by any individual or legal entity wishing to make a purchase via the Internet site of " Elie Bleu ", hereinafter referred to as the "Customer".

Preamble

The present General Terms and Conditions of Sale are the property of the company e-Bleu SARL, Site Publisher. Consequently, and without this list being exhaustive, any distribution, exploitation, representation, reproduction, adaptation or use, in whole or in part, on any medium, of these General Terms and Conditions for purposes other than those strictly related to this Contract is subject to the prior authorisation of e-Bleu SARL. In the absence of such authorisation, the offender shall be liable to incrimination and criminal and civil proceedings as provided for by law.


The e-Bleu company's distance selling service implies an active approach on the part of the customer and complies in all respects with the requirements for distance selling in application of Articles L. 111-1, L. 113-3 and L. 121-18 et seq. of the French Consumer Code.


The company e-Bleu does not carry out any canvassing or telephone canvassing activities, so that the provisions of articles L 121-21 sv and L 121-27 of the Consumer Code are not applicable to sales made via the Site interface.


The present general terms and conditions of sale (GCS) can be unilaterally modified at any time by the company e-Bleu, the version that can be viewed online at the time of the sale being the only one that can be enforced. These General Terms and Conditions of Sale will prevail over any other conditions appearing in any other document, unless prior, express and written exemption.

Article 1 - Purpose

The present general conditions of sale govern the transactions carried out through the Site for the benefit of individual Customers only, to the exclusion of any professional or unauthorised reseller, and provided that the Customers are domiciled in a territorial area covered by the delivery service contractually linked to the e-Bleu company or to the companies that the latter may substitute for the circumstance.

Article 2 - Acceptance of the GTC

2.1 Sales made through the Site may be made by telephone call from the Customer on the dedicated number 01 47 99 64 18. The Customer irrevocably acknowledges having accepted without restriction or reservation the present General Terms and Conditions of Sale, the confirmation of the order by the Customer implies full acceptance of the said General Terms and Conditions of Sale. This constitutes an essential condition of the e-Bleu company's agreement to the sale in question.

2.2 For sales made directly online, the customer declares having read these general terms and conditions of sale before placing the order. The validation of his order is thus worth acceptance without restriction or reserve of the present general terms and conditions of sale.

Article 3 - Selection of Articles

The Site operates a selection of articles and products offered for sale by the e-Bleu company's distance selling module. All these articles can be viewed online, as well as the related prices, which are expressly mentioned so that all information given to the Customer complies with the provisions of articles L. 111-1 and L.113-3 of the French Consumer Code and the ministerial order of 3 December 1987 "relating to consumer information on prices". However, it is agreed that the photographs, graphics and descriptions of the articles and products sold are only indicative and do not in any way commit the company e-Bleu. Thus, in the event of a manifest error between the characteristics of the articles and their representation, the company e-Bleu cannot be held liable.

Article 4 - Concretization of the sale

4.1 Purchase by telephone
The Customer may place an order with the company e-Bleu by contacting it on the dedicated telephone number 33 (0)1 47 99 64 18 (price of a local call) or on any of the telephone numbers indicated on the Site from Monday to Friday during normal office hours, i.e. from 9.30am to 1pm and from 2pm to 6pm, except on public holidays.

4.2 Online
purchase The Customer may place an order on the Site by following the indications and instructions posted online. In particular, he must:
- fill in the identification form on which he will indicate all the contact details requested or give his customer number if he has one;
- fill in the online order form giving all the references of the products or services chosen;
- validate his order after having checked it;
- make payment under the conditions provided;
- confirm his order and payment.
The sale will be considered final after sending the customer confirmation of his order by email detailing its contents. As sales are made within the limits of available stocks, only the items shipped will be debited with transport costs.
As part of the fight against fraud on the Internet, information relating to the Customer's order may be transmitted to any third party for verification.

4.3 Refusal of orders
Pursuant to the provisions of Article L.122 1 of the Consumer Code, the company e-Bleu shall be entitled to refuse any abnormal order or order placed in bad faith. The same shall apply to orders placed with a customer who is already a debtor or with whom e-Bleu or its licensors or licensees are in breach of the law.

Article 5 - Item prices

The prices indicated on the site are net prices, ex-workshop, whatever the country of destination of the purchaser. 

No discount shall be applied to taxes, duties or other services which, pursuant to French regulations or those of an importing or transit country, are payable by the purchaser.

Article 6 - Terms of payment

Payment must be made when the Customer places the order. At no time can the sums paid be considered as a deposit or advance payment. All orders are payable in euros and cash.

Payment is made by bank check (France only), by PayPlug payment, by bank transfer or by PAYPAL. The customer must be in possession of a PAYPAL account to obtain all the security inherent to this means of payment.

The Customer guarantees to e-Bleu that he has the authorizations that may be necessary to use the payment method when registering the order form. The company e-Bleu reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of a payment incident.

Article 7 - Delivery

7.1 Principles
The products will be delivered to the address indicated by the Customer on the order form, which can only be in the agreed geographical area, i.e. the DHL parcel distribution network. By default, invoices are sent to the courier address indicated by the Customer at the time of registration.

For reasons of availability and stock, an order containing several articles may, if necessary, be delivered to the Customer in several installments. In this case, the Customer shall pay the delivery costs only once. If the Customer wishes to have deliveries to several different locations, he will have to place as many orders as there are delivery locations chosen. In this case, each order will give rise to the invoicing of the required delivery costs.

Failure by the Customer to comply with its obligations under the present chapter "Delivery" shall automatically result in the exclusion of the liability of the company e-Bleu in the event of damage declared by the Customer.

7.2 Characteristics of the delivery by DHL
The Customer is delivered to his home address by the DHL delivery person and electronically signs an acknowledgement of receipt. In case of absence, the Customer or the recipient of the ordered product receives a delivery notice, which allows him to contact the carrier to arrange another delivery day.

The Customer is required to check in the presence of the deliveryman the condition of the parcel and the number of parcels delivered. In case of doubt, he is required to refuse the package and report these incidents to e-Bleu.

7.3 Delivery times
Subject to stock availability and the processing of the Customer's order, the indicative delivery times after order validation are as follows:

- DHL : 3 to 4 working days from the delivery of the parcel

A delay in delivery can, under no circumstances, give the right to cancel orders in progress, and no compensation or penalty for late delivery, whatever the causes, importance and direct or indirect consequences, can be claimed. More specifically, e-Bleu cannot be held responsible for delays in delivery attributable to the carrier or for any other event of force majeure. In particular, are considered as cases of force majeure discharging e-Bleu from its obligation to deliver and more generally from any liability: lockout, strikes, accidents or manufacturing delays at the manufacturer's, war, riot, fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility to be supplied with raw materials or finished products, failure or delay in the transport of the Products, or more generally in the event of the occurrence of an event beyond the control of e-Bleu.

In any event, and in accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following the day on which the Customer registered his order, subject to full payment of the price.

In the absence of delivery at the end of this period, the Customer will have the possibility to cancel his order. The sums paid by the Customer will then be returned to him without delay, to the exclusion of any other compensation.

In the event of a delay in delivery in relation to the date initially set, Customer must notify e-Bleu in writing (mail, fax, e-mail) at the contact details given in these GCS in order to participate in the improvement of the quality of service that may be offered and to enable e-Bleu to make an enquiry with the carrier.

An investigation with the carrier can take up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery place indicated in the order form.

On the other hand, if the product ordered is not found at the end of this 21-day investigation period, e-Bleu will proceed at its own expense with a new shipment of the products ordered by Customer.

7.4 Payment
Payment must be made at the time of the order by the Customer. At no time can the sums paid be considered as a deposit or advance payment.

All orders are payable in euros.

Payment is made by bank cheque (France only), by PayPlug, by bank transfer or by PAYPAL. The customer must be in possession of a PAYPAL account to obtain all the security inherent to this means of payment.

In the event that the product ordered is then no longer available, the Customer will be offered to choose an item of the same value. Failing this, the Customer may benefit from a credit note allowing him to renew his order at a later date, in particular when the stock allows him to honour his order. Delivery costs will however be charged to the Customer.

7.5 Return of Products
It is the Customer's responsibility, upon receipt of the Product, to check without delay the conformity and integrity of the Products shipped. In general, the reservations or observations made on the delivery note must be complete and accurate. In particular, they must define the damage precisely, by indicating the order number.

The products may be returned by the Customer by registered letter with acknowledgement of receipt in compliance with the provisions of these GCS.

Customers who are not satisfied with the articles or products ordered may exercise the right of withdrawal provided for in Article L. 121-1 of the Consumer Code under the best conditions.

Thus, the customer may return the items delivered within seven days of the date of delivery, in their original packaging, complete (accessories, instructions, etc.) and accompanied by the carefully completed return form and a copy of the invoice, to the address of the e-Bleu company's head office mentioned at the beginning of these GCS.

The company e-Bleu also accepts the return of any item declared damaged and purchased on www.ebleu.com if it is returned within 3 months from the date of receipt of the order by the Customer. The shipping costs of the return package remain the responsibility of the Customer. The initial delivery costs are not refunded.

Any anomalies or errors in the reference must be communicated to e-Bleu by registered letter with acknowledgement of receipt within 7 days, following the delivery date, indicating the Customer's references, the invoice number and date, the Product reference, the quantity and the exact reason for the request. The Products must be returned complete, in perfect condition and in their original packaging placed in a blank cardboard box, taking care not to place any writing or tape on the original packaging. The Company reserves the right to refuse any return that does not comply with the above-mentioned conditions. No refund will be made on receipt of a damaged or open product, if this condition has not been confirmed on the Return form after agreement of the Company.

All claims, requests for exchange or refund must be made by registered letter with acknowledgement of receipt to the address of the company e-Bleu mentioned at the beginning of these GCS.

Failure to comply with the procedure set out above and the time limits indicated, the Customer may not make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any apparent defect. e-Bleu does not accept parcels sent postage due. Any risk related to the return of the product is the responsibility of the Customer.

Article 8 - Claims / information

For any information, complaint or question relating to the conditions of mail order sales set up by the company e-Bleu or to the articles themselves, customers should contact the Customer Service department of the company e-Bleu mentioned at the top of these terms and conditions, either by telephone or by e-mail, quoting their order number if necessary.

Article 9 - Protection of privacy

The company e-Bleu has set up an electronic file which records certain personal data relating to its customers. At the time of an order placed through the distance selling module by any new customer, this database will be enriched with information concerning the customer, which will subsequently enable e-Bleu to better meet its expectations and facilitate assistance services. This database is the subject of a declaration, in accordance with the prescriptions required by the French law "Informatique et libertés" n°78-17 of 6 January 1978, modified by law n°2004-801 of 6 August 2004.

In the event that the customer consents to the communication of individual data of a personal nature, he will then have the individual right of access, withdrawal and rectification provided for by law and may in this respect have any information concerning him that is no longer relevant deleted, by making a written request to the company e-Bleu, at the address mentioned in the previous article.

Depending on the choices made when creating or consulting their accounts on the Internet, customers may choose whether they wish to receive offers from e-Bleu, or be informed of particular transactions. If a customer no longer wishes to receive these offers, they may at any time request this by clicking on an available electronic link which will be communicated to them by e-mail, or by modifying their account directly on the Site.

Article 10 - Intellectual property rights

All elements of the Site are and remain the intellectual property of the company e-Bleu in that it is the holder of the rights or duly authorized. No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site, whether software, visual, sound, text or technical. Any single link or hypertext link is strictly forbidden without the express written consent of e-Bleu.

The figurative or verbal "ELIE BLEU trademarks" as well as the illustrations, images and logos appearing on the articles marketed by e-Bleu, their accessories or packaging, whether registered or not, are and will remain the exclusive property of EBI SA, the licensor of e-Bleu, the latter being duly authorized to use the said elements for the realization of its object. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of EBI SA or e-Bleu, is strictly forbidden. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, designs and models, and patents which are the property of EBI SA or e-Bleu SARL.

Article 11 - Force majeure

The execution by the e-Bleu company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.

In particular, are considered as cases of force majeure discharging e-Bleu Company from its obligation to deliver and more generally from any liability, ipso jure and without formality: lockout, strikes, accidents or manufacturing delays at the manufacturer's, war, riot, fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility to be supplied with raw materials or finished products, failure or delay in the transport of the Products, or more generally in the event of the occurrence of an event beyond the control of e-Bleu.

The e-Bleu company will inform the customer of a similar fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension would continue beyond a period of fifteen days, the customer would then have the possibility of cancelling the order in progress, and it would then be proceeded to its refunding under the conditions stated in the present GCS.

Article 12 - Retention of title

The company e-Bleu retains full and complete ownership of the products sold until full payment of the price, in principal, costs and taxes included.

Article 13 - Liability

It is expressly agreed that the company e-Bleu can not be held liable for breach of contract in case of stock shortage or unavailability of the product due to a case of force majeure as defined in these Terms and Conditions.

The information given by the Customer, when taking an order, is binding on the Customer: in the event of an error in the wording of the recipient's details, the seller cannot be held responsible for the impossibility of delivering the product.

The company e-Bleu cannot be held responsible for any indirect damages that may arise from the purchase of the articles or products. Similarly, the company e-Bleu cannot be held responsible for any loss of data, files. It is up to the Customer to make all necessary backups.

The Site also contains information from third parties and links to other Internet sites; e-Bleu shall not be liable for any damages resulting from the use of, access to, or inability to use such third party information or the content of other Internet sites.

The company e-Bleu cannot be held responsible for damages of any kind, whether material, immaterial or corporal, which could result from a malfunction or misuse of the products marketed. It is the same for possible modifications of the products resulting from the manufacturers.

If the liability of the e-Bleu company were to be retained following the non-execution or poor execution of its services, the total compensation could not, by express agreement, exceed an amount equal to the duly cashed price of the article or Product that is the cause of the damage. In any event, e-Bleu may in no way be held liable for all or part of the indirect prejudice suffered by the plaintiff.

Article 14 - Partial invalidity

If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 15 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Article 16 - Disputes

In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association or any other counsel of his choice.

It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honours his financial commitments to the seller.

Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain his or her situation. In the event of a dispute, the customer will first contact the company e-Bleu to obtain an amicable solution.

It is only in the absence of an amicable agreement that the dissatisfied customer may refer the matter to the competent court, i.e. the Tribunal de Grande Instance de Nanterre applying French law, even in the case of multiple defendants.