[Version dated June, 15th, 2019]
The company BL1.D stores (hereinafter referred to as "BLINDÉ) sells BL1.D articles in France and overseas.
With a view to better meeting its customers’ needs, BLINDÉ has decided to set up an e-commerce network (Internet) for some of its products.
The subsequent system, which requires an active approach by the customer, complies in every respect with the requirements for e-commerce and, in particular, with Articles L. 111-1, L. 112-1 and L. 221-1 et seq. of the Consumer Code. The use of the e-commerce process described in these General Terms and Conditions of Sale is reserved (i) exclusively for consumers, as defined by law and case law, acting solely for their personal needs and without any direct connection to a commercial activity.
ARTICLE 1: SCOPE
These General Terms and Conditions of Sale apply to all sales of BLINDÉ articles concluded via the Site.
With regard to e-commerce sales (Internet), the customer declares that he/she has read these General Terms and Conditions of Sale before placing his/her order. The validation of the Order implies acceptance without restriction or reserve of these General Terms and Conditions of Sale. In accordance with the provisions of Article 1369-4 of the French Civil Code, these General Terms and Conditions of Sale may be kept by any person visiting the Site using a computer recording and may be reproduced by printing; these General Terms and Conditions of Sale shall apply as long as they appear on the Site. In the event that, after the date they are deleted from the Site, these General Terms and Conditions of Sale continue to remain accessible to the public via other websites or any other means, they shall no longer be enforceable against Louis Vuitton.
BLINDÉ reserves the right to modify these General Terms and Conditions of Sale at any time. Any changes to these General Terms and Conditions of Sale will be posted on the Site. The General Terms and Conditions of Sale in force at the time of the conclusion of the sales contract are those enforceable against the customer.
ARTICLE 2: IDENTIFICATION OF THE OFFER'S AUTHOR
BLINDÉ - France
A single-person simplified joint-stock company with a capital of €1,000, registered on the Toulon Register of Trade and Companies under the number 844 362 988
Head office: 325, rue de Nice- 83100 Toulon VAT: FR33844362988.
ARTICLE 3: INFORMATION CONCERNING THE ARTICLES
Information concerning BLINDÉ’s articles is available, with their references, on the Site.
ARTICLE 4: ORDERS OF ARTICLES
ARTICLE 5: PRICE OF ARTICLES1. Internet orders
Orders can be placed over the Internet on the retail site. The customer shall cover the cost of telecommunications when accessing the Internet and using the Site. Photographs, graphics and descriptions of the products available for sale are for information purposes only and do not bind BLINDÉ. BLINDÉ cannot be held liable in the event of a patent error between the characteristics of the articles and their depiction. To be able to purchase a product, the customer must complete an order form specifying certain mandatory fields so that his/her selection can be taken into account by BLINDÉ. In the event of prolonged inactivity when connected, it is possible that the items selected before this inactivity are no longer guaranteed. The customer will be asked to resume his/her selection of products from the beginning. All the steps required for the sale will be specified on the Site in accordance with Article 1369-1 of the French Civil Code. In accordance with the provisions of article 1369-4 of the French Civil Code, before definitively validating his/her order, the customer will be able to check the details of the order and its total price and correct any errors, before confirming it in order to express his/her acceptance. As soon as the customer validates the order, BLINDÉ will acknowledge receipt of it without delay by email. However, the sale will only be deemed final once BLINDÉ has sent the customer confirmation of the order with details of shipping.
Refusal of orders
It is recalled that purchases made on the Site are reserved for consumers for their own use (or gifts) and are not for resale. Consequently, BLINDÉ only sells its products in quantities that correspond to the standard average needs of a household. In accordance with article L.121-11 of the French Consumer Code, BLINDÉ shall be entitled to legitimately refuse any order with a number of products or an amount (for one or more combined orders) that does not correspond to a household’s standard average use, any Order that might suggest the buyer is conducting an economic activity in connection with the products ordered, or more generally any abnormal order or order that has been placed in bad faith, or any order from a customer with whom there is a dispute concerning payment for a previous order.
ARTICLE 5: PRICE OF ARTICLES
The price of the items includes all taxes. Unless otherwise expressly stipulated when ordering on the Site, the delivery costs for items are covered by BLINDÉ, only when delivery takes place in metropolitan France (excluding, French overseas departments and territories, Corsica). The price of the items does not include customs duties.
The VAT inclusive price of each of the items that the customer would like to purchase, as well as the shipping costs for delivery (if these shipping costs are not covered by BLINDÉ), will be communicated to him/her when connecting to the Site.
It is specified that the tax-free shopping service is not available in the frame of e-commerce purchases for BLINDÉ products.
In accordance with the provisions of Article L. 221-11 of the French Consumer Code, the customer will receive, at the very latest upon delivery, written confirmation of the price paid for each item with details of the price of the items and the delivery charges, if any.
ARTICLE 6: PAYMENT CONDITIONS
The customer's purchases can be paid for by credit card (credit cards from the "CB" network, Visa, Eurocard/Mastercard, American Express are accepted).
In the case of payment by credit card, the customer's credit card is debited at the time of order preparation.
In the case of Internet payments, a check will be carried out online with the competent banking institutions and organizations, contacted via the LA BANQUE POSTALE company’s system. This company, located in France, will store and automatically process information concerning each order, including credit card details, in a secure environment.
The provisions of article 1341 of the French Civil Code do not apply to e-commerce sales concluded by BLINDÉ.
ARTICLE 7: DELIVERY
It is understood that deliveries cannot be made to hotels or PO boxes. The items will be delivered after the payment of the amount of the order has been received.
In accordance with the provisions of the French Consumer Code, the ordered items will be delivered within the deadlines communicated by BLINDÉ and, in the absence of any other indication, at the very latest within 30 days of the date of the order subject to the full payment of the price.
Delivery costs in France are covered by BLINDÉ, unless the customer chooses one of the specific delivery methods when ordering, in which case the costs will be charged to the customer; these costs are communicated to the customer before the order confirmation stage.
Overseas shipping costs are covered for orders over €1,000.
Any delivery times communicated by BLINDÉ will only be provided as an indication. If, at the time of delivery, the external appearance of the package is not perfect, the customer will open it in the presence of the carrier in order to check the condition of the item. In the event of the item being damaged, the customer shall provide precise details of this on the delivery note, and the provisions of Article 11 below will continue to apply.
ARTICLE 8: RIGHT OF WITHDRAWAL - REFUNDS AND EXCHANGES
1. Right of withdrawal
The customer has a legal right of withdrawal which he/she may exercise within 14 days of receipt of the goods, subject to the conditions provided for in Articles L. 221-18 and L. 221-20 of the French Consumer Code, if he/she meets the conditions laid down by these provisions, without having to justify his/her decision or pay any penalties. After this, the customer will no longer be able to exercise his/her right of withdrawal.
In order to notify his/her decision to withdraw, the customer can use the withdrawal form at the bottom of these General Terms and Conditions of Sale, or any other unambiguous statement.
2. Return of articles
To return the items have been received, the customer may proceed as follows:
- Return items by post. In this case, the customer must, within the aforementioned fourteen (14) days, communicate his/her decision to retract to BLINDÉ and return the item concerned to: BLINDÉ – Business Park – Bâtiment A - 540 bd de l’Europe 83500 La Seyne-sur-mer, France. The direct costs of returning the item will be payable by the customer. It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or any other means that state a specific date, with the costs and risks of a return being borne by the customer.
- In all cases (refund or exchange), the customer must return the items delivered in their original packaging, intact (boxes, accessories, protections, labels, booklets, etc.), accompanied by the duly completed return form. Any items returned incomplete, spoiled, damaged, deteriorated, soiled, or in any other condition that might suggest they have been used or worn will not be refunded or exchanged and will be returned to him/her.
The refund of the sums paid for the returned item(s) will be made within fourteen (14) days of BLINDÉ receiving the items.
The refund will be made, depending on the payment method for the items, by crediting the customer's bank account corresponding to the bank card used for payment. In accordance with article L.221-24 of the Consumer Code, additional costs paid by the customer for a specific delivery method will not be refunded.
Also, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the customer and may not under circumstances be exercised by the recipient of the gift.
ARTICLE 9: CONFORMITY – WARRANTY – AFTER-SALES SERVICE
The customer must ensure that the items delivered to him/her correspond to his/her order. In the event that the items delivered do not comply with his/her order, the customer must inform BLINDÉ’s Customer Services by email at firstname.lastname@example.org and return the items in question subject to the conditions set out in Article 8 of the General Terms and Conditions of Sale.
Notwithstanding the specific warranty conditions given to the customer with the delivered item, BLINDÉ’s items are subject to the warranty conditions provided for by law.
Reminder of Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code:
"Article L. 217-4 of the French Consumer Code: The vendor delivers goods that are conform to the contract and is liable for any lack of conformity at the time of delivery. He/she shall also be liable for any defects in conformity resulting from packaging, assembly instructions, or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.”
"Article L. 217-5 of the French Consumer Code:
To comply with the contract, the goods must:
1. If it is specific to normal expected use of a similar item and, if applicable:
- if it corresponds to the description provided by the seller and has the qualities that the vendor presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the vendor, the manufacturer or its representative, in particular in any advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any specific use desired by the buyer, brought to the attention of the vendor and which the latter has accepted."
"Article L.217-12: Any proceedings resulting from a lack of conformity shall be prohibited after two years from the date of delivery of the goods.”
"Article 1641 of the Civil Code: The vendor is bound by the warranty for hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have only paid a lower price, if it had been aware of them."
"Article 1648 of the French Civil Code, first paragraph: Proceedings resulting from fundamental defects must be brought by the buyer within two years of the discovery of the defect.”
The repair of the consequences of the hidden defect, when it has been proven, includes, according to case law:
- either the repair of the item completely free of charge, including labor costs,
- or its replacement or the total or partial refund of its price in the case of the item being completely unusable,
- and compensation for any damage caused to persons and property by the item’s defect.
BLINDÉ propose un service après-vente de ses produits. Le client peut s’adresser au Service Clients par courriel : email@example.com.
ARTICLE 10: COMPLAINTS - INFORMATION
For any information, complaint, or question concerning the e-commerce Conditions of Sale set up by BLINDÉ or the actual items, customers should contact Blindé Customer Service France by email: firstname.lastname@example.org or directly via the Site using the "Contact Us" form and referring to the order number if applicable.
ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS
The "BL1.D" trademark, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on BL1.D articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of BLINDÉ. 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 consent of BLINDÉ, 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 shall apply to all copyrights, designs, and models and patents owned by BLINDÉ.
ARTICLE 12: FORCE MAJEURE
The performance by BLINDÉ of all or some of its obligations shall be suspended in the event of a fortuitous event or a case of force majeure which might hinder or delay its performance.
Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of any kind, and supply problems for BLINDÉ.
BLINDÉ will inform the customer of such a fortuitous event or case of force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) days, the customer will be able to cancel the current order, and a refund will be made under the conditions set out in Article 8 of these General Terms and Conditions of Sale.
ARTICLE 13: DISPUTES - APPLICABLE LAW
These General Terms and Conditions of Sale are subject to French law.
Also, the European Commission provides an online dispute resolution platform (RLL) for online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union.
This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism that is not a prerequisite for legal action. Any dispute that may arise from the interpretation or performance of these General Terms and Conditions of Sale and its consequences shall be submitted to the exclusive jurisdiction of the French courts.
Please complete and return this form only if you want to withdraw from the contract).
- For the attention of BLINDÉ - Business Park des Playes - Batiment A - 540 boulevard de l'Europe, 83500 La Seyne sur mer, or via the "Contact us by e-mail" form available on the website www.bl1-d.com
- I/We[*] hereby notify you[*] of my/our[*] withdrawal from the contract for the sale of the item [*]/for the provision of the service[*] below
- Item ___[reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only in the event of notification of this form on paper)
[*]Delete as necessary.