GENERAL CONDITIONS OF SALE
BYLOVE-BLUMKINE directly or indirectly manufactures and markets its articles (clothing and accessories) under the brand name and trade name BLUMKINE worldwide.
BYLOVE is a simplified joint-stock company registered in the Paris Trade Register under number 409212149, with its registered office at 13, Rue de Tournon 75006 PARIS, telephone: + 33(0) 9 51 09 49 96, email: firstname.lastname@example.org (hereinafter referred to as BLUMKINE or BLUMKINE).
Article 1: scope of application
These "General Terms and Conditions of Sale" (hereinafter the General Terms and Conditions) apply to remote sales of BLUMKINE items and are reserved for consumers acting exclusively for their personal use (hereinafter the customer), bearing in mind that French law applies to any order placed on the BLUMKINE website, available at www.blumkine.fr (hereinafter the site) or by telephone from the sales advisors of the BLUMKINE shop, regardless of the country of delivery chosen by the customer.
Any order not corresponding to a retail sale and, more generally, any fraudulent order may be refused by BLUMKINE. BLUMKINE therefore reserves the right to limit the quantities of an item delivered to the same consumer or to the same postal address.
The purpose of these terms and conditions is to inform any potential customer about the terms and conditions of sale of BLUMKINE products to the customer and to define the rights and obligations of the parties.
Regarding telephone sales, the customer is invited to consult and download the terms and conditions available on the site before confirming his order.
With regard to sales on the site, by checking a box provided for this purpose, the customer acknowledges having read the terms and conditions before placing the order and having accepted them without reservation. The GTC can be stored by anyone visiting the site, by means of a download and can be printed.
BLUMKINE reserves the right to modify the GTC at any time. Nevertheless, the terms and conditions applicable to the order are those accepted by the customer at the time of placing the order.
Article 2: Article information
Information about BLUMKINE products is available, with their references, in all BLUMKINE stores, as well as on the website. The customer can select one or more items from the different categories offered on the site within the limits of available stocks. BLUMKINE may modify at any time the articles offered for sale on the site, without prejudice to orders placed by the customer. For any questions or requests for advice, the client can contact the BLUMKINE team of advisors by writing to email@example.com or by calling customer service on +33 (0)9 51 09 49 96 (local call price), during business hours from 12 pm to 7 pm, except holidays.
Despite the care taken in the presentation of articles on the site, BLUMKINE cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen, especially with regard to color variations. BLUMKINE cannot be held responsible for any non-substantive errors that may occur.
BLUMKINE reserves the right to remove items from sale at any time. In case of unavailability of any of the items, the customer will be informed as soon as possible by the customer service. In case of unavailability of one or more items, the customer will be refunded by credit card and can proceed to a new order.
Article 3: Orders
Any order implies acceptance of the GTC and the data processing policy unless specific contractual terms are agreed between the parties.
3.1 telephone orders
Orders will be received, in French or English, by the sales advisors of the BLUMKINE shop on +33 (0)9 51 09 49 96 (price of a local call from metropolitan France), from Tuesday to Saturday, from 12 pm to 7 pm, except holidays.
The customer is invited to read the price of the articles on the site and to read the terms and conditions also available and downloadable on the site before validating his order by phone.
The order is payable by credit card. The customer communicates by telephone; the number and expiry date appearing on the front of his bank card as well as the visual cryptogram numbers appearing on the back (or front) of his bank card. The order is delivered to the home address provided.
3.2 orders on site
Orders can be placed on the site. The customer assumes the telecommunications costs when accessing the Internet and using the site. All necessary steps for sale are specified on the site. The customer, before finalizing his order, takes note of the terms and conditions, checks the details and the total price of his order, corrects any errors, before confirming his final agreement on the payment of the order.
The customer’s attention is drawn to the fact that the validation of an order implies the obligation to pay the agreed price and that once the order is validated, the customer can no longer cancel his order, subject to the exercise of his right of withdrawal (see Article 7 below).
To permanently validate an order, click on the "Pay" button. From the moment the customer has validated the order, BLUMKINE acknowledges receipt without delay and electronically. BLUMKINE recommends that its customers keep these e-mails on paper or on a computer. In case of non-receipt of these e-mails, it is recommended that the customer check if they have not arrived in the spam box. The customer is informed that the e-mails are sent to the e-mail address they have entered. Therefore, if there is an error in entering the e-mail address concerned, or if the message confirming the sending or supply of the order is not received, BLUMKINE cannot be held liable (unless the confirmation message is received as a result of a BLUMKINE fault). In this case, the sale will be considered final. The customer may nevertheless exercise his right of withdrawal under the conditions set out in Article 7 of the GTCS.
3.3 ordering items without creating an account on the site
If the customer does not request backup of the data needed to execute the order, he does not create an account on the site. An invoice in electronic format will be sent to him by email during the shipment of the order.
3.4 refusal, suspension or cancellation of orders
BLUMKINE reserves the right to refuse or cancel any order including the number of items or the amount to be paid (for one or more cumulative orders) would not correspond to the average usual use of a household and to any order which would imply that an economic activity is carried out by the customer in connection with the ordered items or more generally, any abnormal order. Finally, BLUMKINE reserves the right to suspend or cancel any execution of an order and/or delivery, in case of non-payment or partial payment of the price, in case of payment incident, or in case of fraud or attempted fraud concerning the use of the site, including previous orders.
3.5 items available with an order
In the case of items offered with an order, the special conditions of these offers are specified on a case-by-case basis on the site or by the advisors in store. In addition to these special conditions, the following conditions shall also apply:
The item offered with an order, as identified in the special conditions, may not be replaced by any other item, or by money or credit,
The offered item comes with the items ordered online or delivered to the store,
The offered item is automatically added to the shopping cart on the site and shipped to the same address as the order,
The offer cannot be combined with other offers, unless otherwise indicated, and can be reserved to the choice of the company BLUMKINE only for orders in store or only online orders or orders placed with its resellers
Item is available within available inventory
In the event that one or more items purchased are returned and the order amount therefore falls below the minimum purchase amount specified in the special conditions for obtaining the item offered, the customer will be required to return the item offered. These provisions shall apply in the same way in the event of withdrawal.
The conditions of return provided for in Article 7 shall apply to the return of the item offered.
Article 4: price of items
The price of the items is indicated in euro (€) all taxes included (including taxes).
BLUMKINE offers free standard shipping for an order value greater than 400€ in France or in the European Union and the United Kingdom for an order value greater than 1000€. The customer is informed of the cost of delivery at the time of placing his order.
The selling prices of the items online on the site are those in force at the time of placing the order by the customer. The selling prices of the items can be changed by BLUMKINE at any time. BLUMKINE carries out regular checks to ensure that the prices charged are correct.
However, some prices may be affected by an error. If BLUMKINE notices a price error in the order, the customer will be informed as soon as possible. BLUMKINE reserves the right to cancel the order of the item concerned by an obvious price error. If the order has been paid, the customer will immediately be refunded the amount paid.
The customer will receive, upon confirmation of the order, for each item, the written confirmation of the price paid detailing the price of the items.
Article 5: conditions of payment
Payment of orders on the site can be made:
By credit card (cards from the "CB", Visa, Eurocard/Mastercard network are accepted). In this case, the customer’s credit card is charged when placing the order.
The customer guarantees to the company BLUMKINE, that he is the holder of the bank card and that the name appearing on this bank card to debit is his, then communicates in a secure environment on the Internet (PSP Stripe); the number and expiry date on the front of his bank card and the visual cryptogram numbers on the back (or front) of his bank card.
When ordering by phone, the customer confirms that he is the holder of the credit card and that the name on this credit card to be charged is his. He then communicates, by telephone, the number and expiry date appearing on the front of his credit card and the visual cryptogram numbers appearing on the back (or front) of his credit card.
In the event that the debit of the sums due by the customer would be impossible for any reason, the sale made by telephone would be immediately resolved and the Internet purchase process would be immediately cancelled.
Article 6: delivery and reception
All the information concerning the delivery conditions are available on the shopping cart validation page and before the payment of the order.
6.1 delivery times
Delivery of the ordered items will take place within the time specified by the company BLUMKINE, and within a maximum of 30 days from the day of the order (subject to full payment of the price).
Delivery times start to run from receipt of the order confirmation by email. Delivery times take into account the time of the order and the working days of the destination country.
Delivery times may be extended during the holiday period or during sales due to the strong activity of BLUMKINE at this time of year. However, such delays may not exceed 30 days after the conclusion of the order.
6.2 delivery address
Items ordered by the customer in accordance with the GTC are delivered to the address indicated by the customer as the delivery address on the relevant order (“delivery address”); by DHL or UPS or FedEx for domestic and international deliveries.
If delivery is not possible due to the recipient’s absence at the delivery location, a notice will be left at the delivery address indicated by the customer and the carrier will attempt delivery again the next business day.
6.3 packaging or product damaged, product missing
The customer, or the recipient of the order, is asked to check the apparent condition of the package and items upon delivery (including, if applicable, the items offered).
WARNING: in the event of a damaged parcel or product, or missing product (including, where applicable, the items offered) the customer or his representative must follow the procedures described below. Failure to comply with the appropriate procedure precludes any recourse against the carrier and BLUMKINE.
The customer must contact the customer service within 7 days of receipt at firstname.lastname@example.org with a photo of the article concerned and follow the same return procedure as described and detailed in Article 7.
Article 7 - right of withdrawal
Pursuant to Article L. 221-18 of the French Consumer Code, the customer has a right of withdrawal when selling remotely on the site or by telephone. The customer may thus exercise this right, without having to give reasons, within 14 days of receipt of the product by the customer or his representative. Any request for return made after this period may be rejected.
If the customer has placed an order with several products, the withdrawal period does not begin until the customer or the designated third party has received the last product.
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods manufactured according to the customer’s specifications or clearly customized; or the supply of goods which have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
To notify its decision, the customer may use the withdrawal form as shown at the bottom of the GTC or any other unambiguous statement. This request must be sent to the customer service by e-mail to the following address: email@example.com or to the postal address 13 Rue de Tournon 75006 Paris.
In the event that the customer has received with his order an item offered he must return this item offered with his order in case of withdrawal.
In order for the return and refund to be validated and processed in a timely manner, it is imperative that the customer or their agent follow the procedures outlined below. Failure to do so may lead to refusal of return and return of the product to the customer without refund.
Request a return
BLUMKINE has a 14-business-day return policy: any unwanted items must be returned to us within 14 days of receipt using the return label provided in your original package. We invite you to read carefully our return procedure, in case of non-compliance, your order could be returned to you without refund. Once the customer has made their return request, they will receive an email confirming the approval of their return request.
Orders placed on our website https://www.blumkine.fr can be returned or exchanged within 14 days of receipt at our shop at 13 Rue de Tournon 75006 Paris, France upon presentation of their order confirmation.
• Place your item in its original cardboard box or any other solid cardboard box.
• Tape the cardboard.
Make sure your package has no other shipping or tracking labels.
• Your country is outside France: Drop off your package or request a pick-up at the sites of reliable carriers like DHL, UPS or FedEx. Go to Shipping – Schedule a pickup, you can choose a UPS drop-off location or schedule your package to be picked up.
• Your country is France: We recommend DHL, UPS and FedEx for your returns
The refund will be credited to the card holder’s bank card.
The refund will take place within 14 days of receipt of the returned item.
No refund will be made if the item is not returned in perfect condition.
No refund will be made if the customer does not follow the return procedure.
Items must be returned in perfect condition, exactly as delivered, with
the label and seal are always attached. If the item is reported as defective and/or has been received damaged, you must contact us within 7 days of receipt by attaching a photo and a detailed description of the defect.
Article 8 - legal guarantees
All BLUMKINE products are guaranteed compliance and hidden defects. These are legal warranties that apply regardless of any other commercial warranties that may be granted by BLUMKINE and the right of withdrawal provided for in Article 7.
8.1 guarantee of conformity
Article L217-4 of the French Consumer Code states that: The seller delivers a good in accordance with the contract and is liable for any non-conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where the latter has been charged by the contract or has been carried out under his responsibility." In accordance with Article L217-5 of the Consumer Code, "the property is in accordance with the contract: 1. If it is suitable for the usual intended use of a similar property and, if applicable, - if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- it has the qualities which a purchaser may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
The action resulting from the lack of conformity is prescribed within two years from the delivery of the goods, as provided for in Article L211-7 of the Consumer Code.
The customer may choose between the repair or replacement of the article, subject to the cost conditions envisaged by article L. 217-9 of the consumption code;
It is possible that the inventory does not allow the item to be replaced identically. It will therefore and in any case, proceed to the refund of the non-compliant article and its replacement by an article of equivalent price, if the customer wishes by placing a new order.
8.2 guarantee against hidden defects
Article 1641 of the Civil Code states that: “The seller is bound by the warranty by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lesser price, had he known it.”
Article 1648 of the Civil Code states that “An action resulting from a defect must be brought by the purchaser within two years of the discovery of the defect”.
Within the framework of the legal guarantee of hidden defects, the company BLUMKINE, in accordance with article 1644 of the Civil Code, and according to the customer’s choice, undertakes after evaluation of the hidden defect:
• Either refund the full price of the returned item,
• To refund a portion of the price of the item if the customer decides to keep the item.
8.3 return of products
In the event of a hidden defect or a non-compliant product, the customer is invited to contact customer service at firstname.lastname@example.org and to follow the same return procedure as described in Article 7 above.
8.4 exclusion of guarantees
Articles modified or repaired by the customer are excluded from the warranty. In the same way, the guarantee will not play for apparent defects under article 1642 of the Civil Code. Finally, the warranty will not cover items damaged during transport or due to misuse.
Article 9: complaints-information
For any information, complaint or question concerning the GTC or products, customers should contact the customer service of the company BLUMKINE by phone: + 33 9 51 09 49 96 (price of a local call), or by email at email@example.com with their order number, if applicable.
BLUMKINE undertakes to protect and guarantee the security and confidentiality of its customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or access by unauthorized third parties.
Article 11- retention of title
BLUMKINE retains full ownership of the items sold until full payment of the price including all taxes and any delivery costs and additional charges generated at the express request of the customer.
Article 12 - Intellectual property rights
The "BLUMKINE" trademark, as well as all figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on BLUMKINE articles, their accessories or packaging, whether registered or not, are and will remain the exclusive property of BLUMKINE.
Any reproduction, modification or partial use of such marks, illustrations, images, logotypes, or any combination or conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo, on all or, without express and prior agreement of the company BLUMKINE, is strictly prohibited.
The same applies to all copyrights, designs and patents belonging to BLUMKINE.
The use of all or part of the site, including downloading, reproduction, transmission or representation for purposes other than personal and private for non-commercial purposes is strictly prohibited.
Any violation of these provisions exposes its author to the sanctions provided for by the civil code and the intellectual property code.
In addition, the creation of a hypertext link to the website of the company BLUMKINE can only be done with the prior express agreement of the company BLUMKINE.
This agreement may be revoked at any time if the conditions of the autorisation are not met.
Article 13 - signature and proof
BLUMKINE strives to protect the personal information of its customers by guaranteeing a high level of security.
The customer also has a role to play in protecting his personal data. In particular, they must maintain the security of their online transactions by not giving anyone their username (e-mail address) and/or password and by regularly changing their password.
Therefore, BLUMKINE cannot be held responsible for the disclosure of information about the customer to anyone who has used its username (customer’s e-mail address) and/or password.
BLUMKINE accepts no responsibility for any fraudulent use of this information.
The supply of the credit card number or the payment of the sums due and the final validation of the order will be the proof of acceptance of said order.
Computerized records maintained in the computer systems of BLUMKINE and its partners will be considered evidence of communications, orders and payments between the parties.
Article 14 - force majeure
Pursuant to Article 1218 of the Civil Code, BLUMKINE will suspend all performance of its contractual obligations in case of force majeure.
BLUMKINE will inform the customer within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer would then have the option to cancel the current order and would be reimbursed.
Article 15 - Disputes-applicable law
If the customer has a problem with a product, site or any other service of BLUMKINE related to the site or product, they are invited to contact customer service at firstname.lastname@example.org
In the event that the problem is not resolved, in accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the customer has a right to free use of a mediation service.
The customer is also informed that they can use the European online dispute settlement platform for cross-border disputes (RLL) available at https://ec.europa.eu/consumers/odr/main/index.cfm
(Please complete and return this form only if you wish to exercise your right of withdrawal). -For the attention of the customer service of the company BLUMKINE at the following email address: email@example.com or at the postal address 13 Rue de Tournon 75006 Paris
I/we [*] hereby notify you [*] my/our request to withdraw the contract for the order below:
-Order on the website BLUMKINE.fr or by phone in store -received on [*]:
-Name of consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of notification of this form on paper)
[*] delete what is not required.