TERMS AND CONDITIONS

OF SALES

You are currently connected to the site www.eliebleu.com (hereinafter “the Site”) or have been redirected to the said Site dedicated to the online sale of articles and products branded ELIE BLEU and/or distributed by the company ELIE BLEU or one of its subsidiaries or partner companies.
This site is published by the company e-Bleu, SARL with capital of 1,000 euros whose head office is located at 125 Avenue Laurent Cély in 92230 Gennevilliers, France, registered with the RCS Nanterre B 529 508 202. Tel 01 47 99 64 10, Fax : 01 47 99 64 19, email: eboutique@eliebleu.fr. The Site is the property of the company e-Bleu SARL.

These General Conditions of Sale are concluded on the one hand by SA Elie Bleu with capital of 40,000 euros whose head office is 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 natural or legal person wishing to make a purchase via the “Elie Bleu” website, hereinafter referred to as the “Customer”.

These General Conditions of Sale are the property of the company e-Bleu SARL, Publisher of the Site. Consequently and without this list being exhaustive, any distribution, exploitation, representation, reproduction, adaptation or use, total or partial, on any medium, of these General Conditions for purposes other than strictly related to this Contract is subject to the prior authorization from e-Bleu SARL. In the absence of this authorization, the offender is exposed to incriminations and criminal and civil proceedings provided for by law.

The distance selling service of the company e-Bleu requires an active approach on the part of the customer and remains in all respects compliant with the requirements for distance selling in application of articles L. 111-1, L.113- 3 and L. 121-18 et seq. of the Consumer Code.

The company e-Bleu does not carry out any prospecting 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 by the e-Bleu company. interface of the Site.

These general conditions of sale (CGV) may be unilaterally modified at any time by the company e-Bleu, the version viewable online at the time of completion of the sale being the only one enforceable. These General Conditions of Sale will prevail over all other conditions appearing in any other document, unless otherwise waived, expressly and in writing.

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

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 these General Conditions of Sale, the confirmation of the order by its care entails full acceptance of the said General Conditions of Sale. This constitutes an essential condition of the agreement of the company e-Bleu on the sale concerned.

2.2 For sales made directly online, the customer declares having read these general conditions of sale before placing their order. Validation of your order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions.

The Site operates a selection of items and products put on sale by the distance selling module of the company e-Bleu. All these items can be viewed online, as can 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 Code of consumption and the ministerial decree of December 3, 1987 “relating to consumer information on prices”. It is however agreed that the photographs, graphics and descriptions of the items and products sold are only indicative and in no way bind the e-Bleu company. 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.

4.1 Purchase by telephone
The Customer can 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 telephone numbers indicated on the Monday Site to Friday during usual office hours, i.e. 9:30 a.m. to 1 p.m. and 2 p.m. to 6 p.m. except on public holidays.

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

4.3 Refusal of orders
In accordance with the provisions of article L.122 1 of the Consumer Code, the company e-Bleu will be entitled to refuse any abnormal order or order placed in bad faith. The same will apply to orders placed with a customer who is already in debt or with whom the company e-Bleu or its licensors or licensees are in disrepute.

The prices indicated on the site are net prices, ex workshop, regardless of the buyer's country of destination.

No discount is applied on taxes, duties or other services which, in application of French regulations or those of an importing country or a transit country, are the responsibility of the purchaser.

Payment must be made when ordering by the Customer. At no time can the sums paid be considered as deposits or deposits. All orders are payable in euros and in cash.

Payment is made by bank check (France only), by PayPlug payment, by bank transfer or by PAYPAL. The customer must have 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 which may be due by the Customer or in case of payment incident.

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 email address indicated by the Customer during registration.

For reasons of availability and stock, an order containing several items may, if necessary, be delivered in several installments to the Customer. The Customer then only pays the delivery costs once. If the Customer wishes to make deliveries to several distinct locations, he will have to place as many orders as there are delivery locations chosen. In this case, each order will result in the billing of the required delivery costs.

Failure by the Customer to comply with their obligations linked to this “Delivery” chapter will automatically result in the exclusion of liability of the company e-Bleu in the event of damage declared by the Customer.

7.2 Characteristics of delivery by DHL
The Customer is delivered to his home by the DHL company deliveryman and electronically signs an acknowledgment of receipt. In the event of absence, the Customer or the recipient of the ordered product receives a delivery notice, which allows him to contact the carrier in order to agree on another delivery day.

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

7.3 Deadlines
Subject to available stock, 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 delivery of the package

A delay in delivery cannot, under any circumstances, give right to the cancellation of orders in progress, and no compensation or penalty for late delivery whatever the causes, importance and direct or indirect consequences may be claimed. More specifically, e-Bleu cannot be held liable due to delivery delays attributable to the carrier or due to any other force majeure event. The following are considered in particular as cases of force majeure which automatically and without formality discharge the e-Bleu Company from its obligation to deliver and more generally from any liability: lockouts, strikes, accidents or manufacturing delays at the manufacturer, war, riot , fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility of being supplied with raw materials or finished products, deficiency or delay in the transport of the Products, or more generally in the event of 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 Consumer Code, the products ordered will be delivered within a maximum period of thirty days from the day following that on which the Customer registered his order, subject to full payment of the price.

If there is no delivery at the end of this period, the Customer will have the option of canceling their order. The sums paid by the Customer will then be returned to them without delay, to the exclusion of any other compensation.

In the event of a delay in delivery compared to the date initially set, the Customer must report it in writing (mail, fax, email) to e-Bleu, using the contact details given in these General Terms and Conditions in order to participate in improving the quality of the delivery. service that may be offered to it and to allow e-Bleu to carry out an investigation with the carrier.

An investigation with the carrier can take up to 21 business days. If during this period, the product is found, it will be immediately re-directed to the delivery location designated in the order form.

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

7.4 Payment
Payment must be made when ordering by the Customer. At no time can the sums paid be considered as deposits or deposits.

All orders are payable in euros.

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

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

7.5 Return of products
It is up to the Customer upon receipt of the Product to immediately verify the conformity and integrity of the Products shipped. In general, the reservations or observations made on the delivery note must be complete and precise. In particular, they must define the damage precisely, including the order number.

The products can be returned by the Customer by Registered letter with acknowledgment of receipt in compliance with the requirements set out in these General Terms and Conditions.

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

Thus, the customer can return the items delivered within seven days following the delivery date, in their original packaging, complete (accessories, instructions, etc.) and accompanied by the carefully completed return slip and a copy of the invoice, to the address of the head office of the company e-Bleu mentioned at the top of these General Terms and Conditions.

The e-Bleu company 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. Initial delivery charges are not refunded.

Any anomalies or errors in the reference must be communicated to e-Bleu by registered letter with acknowledgment of receipt within 7 days following the delivery date, indicating the Customer's references, the invoice number and date, the Product reference, quantity as well as 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 conditions mentioned above. No refund will be made upon receipt of a damaged or opened product, if this condition has not been confirmed on the Return form after agreement by the Company.

All complaints, requests for exchange or reimbursement must be made by registered letter with acknowledgment of receipt to the address of the e-Bleu company mentioned at the top of these General Terms and Conditions.

Failure to comply with the procedure set out above and the deadlines indicated, the Customer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be compliant and free from any apparent defect. The e-Bleu company does not accept parcels sent postage collect. Any risk linked to the return of the product is the responsibility of the Customer.

For any information, complaint or question relating to the conditions of mail order sales put in place by the company e-Bleu or to the items themselves, customers must contact the Customer Service of the company e-Bleu mentioned at the top of this document, either by telephone or by email, recalling their order number if applicable.

The company e-Bleu has created an electronic file which lists certain personal data relating to its customers. When an order is placed via the distance selling module by any new customer, this database will be enriched with information concerning them, which will subsequently allow the e-Bleu company to better respond to their needs. expectations and facilitate assistance services. This database is the subject of a declaration, in accordance with the requirements required by the “Informatique et Libertés” law n°78-17 of January 6, 1978, amended by law n°2004-801 of August 6, 2004.

In the event that the customer agrees to communicate individual data of a personal nature, he would then have the individual right of access, withdrawal and rectification provided for by law and may in this regard have information concerning him deleted which is not more relevant, 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 will be likely to choose whether they wish to receive offers from the company e-Bleu, or to be informed of particular operations. If a customer no longer wishes to receive these offers, they can request this at any time by clicking on an available electronic link which will be communicated to them by email, or by modifying their account directly on the Site.

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

The figurative or verbal “ELIE BLEU” brands as well as the illustrations, images and logos appearing on the items marketed by e-Bleu, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of the company. EBI SA, licensor of the company e-Bleu, the latter being duly authorized to use said elements for the achievement of its purpose. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of the company EBI SA or the company e-Bleu, is strictly prohibited. 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 will apply to all copyrights, designs and models, patents which are the property of the company EBI SA or the company e-Bleu SARL.

The execution by the company e-Bleu 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.

The following are considered in particular as cases of force majeure which automatically and without formality discharge the e-Bleu Company from its obligation to deliver and more generally from any liability: lockouts, strikes, accidents or manufacturing delays at the manufacturer, war, riot , fire, flood, water damage, storm, lightning, requisition, decision of any authority whatsoever, impossibility of being supplied with raw materials or finished products, deficiency or delay in the transport of the Products, or more generally in the event of 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. If this suspension continues beyond a period of fifteen days, the customer would then have the possibility of canceling the current order, and it would then be reimbursed under the conditions set out in these General Terms and Conditions.

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

It is expressly agreed that the company e-Bleu cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product due to a case of force majeure as defined in these General Terms and Conditions.

The information provided by the Customer when taking the order binds the latter: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which it may be to deliver the item. product.

The e-Bleu company cannot be held responsible for any indirect damage which may arise as a result of the purchase of items or products. Likewise, the e-Bleu company cannot be held responsible for any loss of data or files. It is the Customer's responsibility to make all necessary backups.

The Site also contains information from third parties, and links to other websites; e-Bleu cannot under any circumstances be held responsible for damages resulting from the use, access to, or inability to use this third-party information, nor from the content of other websites.

The company e-Bleu cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from malfunction or misuse of the products sold. The same applies to any modifications to products resulting from manufacturers.

If the liability of the company e-Bleu were to be held as a result of the non-performance or poor performance of its services, the total compensation could not, by express agreement, exceed an amount equal to the price duly collected of the item or Product which is the cause of the damage. In any event, e-Bleu cannot be held responsible in whole or in part for the indirect damage suffered by the complainant.

If one or more stipulations of these General 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 strength and reach.

The fact for one of the parties not to take advantage of a failure by the other party to any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver to the obligation in question.

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 of the sector, a consumer association or any other advice of his choice.

Please note that the search for an amicable solution does not interrupt the “short period” of the legal guarantee, nor the duration of the contractual guarantee. Please note that as a general rule and subject to the judgment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the buyer honors its financial commitments to the seller.

Complaints or disputes will always be received with attentive kindness, good faith always being presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will contact e-Bleu as a priority to obtain an amicable solution.

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