PREAMBLE
These General Terms and Conditions of sale apply to products sold on the website https://blumorpho.com/ (hereinafter referred to as “the Site”) operated and published by SAS BLUMORPHO. They apply to all orders placed with SAS BLUMORPHO for all items offered on the website https://blumorpho.com/. Consequently, any order of a product offered for sale on the Site implies full and unreserved acceptance of these general terms and conditions, which the Customer acknowledges having read prior to placing an order. All this information is in English. The Customer declares to have the legal capacity to commit to these general terms and conditions.
Article 1: GENERALITIES
These General Terms and Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions set out in these general terms and conditions. The Customer acknowledges being fully informed that his agreement to the content of these general terms and conditions does not require the handwritten signature of this document, as the Customer wishes to order the products from the website online. No other general or specific conditions appearing in documents sent or handed over by the consumer can be integrated into these, as long as these documents are incompatible with BLUMORPHO’s General Terms and Conditions. SAS BLUMORPHO, represented by Mrs. Géraldine ANDRIEUX, whose registered office is at 38 RUE JEAN MERMOZ 75008 PARIS 8. SIRET: 80938704600034
Article 2: TERMINOLOGY
These General Terms and Conditions aim to define the rights and obligations of the parties in the context of online sales of products offered by BLUMORPHO to the Customer, from ordering to delivery, including payment and the use of services made available by BLUMORPHO. The products offered for sale by BLUMORPHO will hereinafter be referred to as “the Products.” Each person wishing to benefit from BLUMORPHO’s Products and who satisfies these general conditions will hereinafter be referred to as “the Customer.” Each order placed by a customer under the conditions provided will hereinafter be referred to as “the order.”
Article 3: DESCRIPTION OF PRODUCTS
Each product offered on the Site is accompanied by information. The product sheet is provided for information purposes only and allows the potential Customer to know, before the final order is placed, the essential characteristics of the product in accordance with the provisions of Article L.111-1 of the Consumer Code. However, BLUMORPHO undertakes that the description of the products on the Site is as accurate as possible. It is possible, however, that the subjective perception of the product may not fully correspond to the products. BLUMORPHO guarantees the purchasing customer, for hidden defects that may affect the delivered products, in the context of replacing defective products, or refunding them, without being considered by the purchasing customer as responsible for any harmful consequences that these hidden defects may have caused.
Article 4: PRODUCT AVAILABILITY
The offers on this site are valid as long as the products related to them are available online and until stocks are exhausted. In case of unavailability of the product, the Customer will be notified by email. A replacement product, as similar as possible, will be proposed, or the Customer will be refunded. Availability may vary within the same day depending on the level of sales. BLUMORPHO updates availability but cannot be held responsible if the stock is not the same as indicated. More precise information can be provided to the Customer by email. The order will be executed no later than within 30 days from the day following the day the customer’s order was definitively validated (payment method cashed and order verification procedure carried out). The service activation times indicated in the descriptive sheets are indicative times when the product(s) are not available in BLUMORPHO’s stocks. They may therefore undergo variations for which the Customer will be informed by BLUMORPHO in their order tracking in case of slight delay or by email in case of prolonged delay. In case of unavailability, the customer can then request a refund of the sums paid within 30 days at the latest from their payment, either the exchange of the unavailable product for another similar product, or the cancellation of the order. No cancellation penalty will be applied for such order cancellation. No cancellation indemnity (apart from the full refund of the Order) can also be requested, as such unavailability results from the time it takes to update these unavailabilities.
Article 5: PRICES
The prices of the products are expressed in euros, excluding taxes, and are applicable only on the date of sending the order confirmation by the Customer. Once the customer has filled in all the information requested during the subscription validation, French VAT will be applicable to private customers as well as to French and Monegasque professional customers on the day of the order, and any change in the legal VAT rate will be automatically reflected in the prices of the products presented on the site, on the date stipulated by the application decree. However, prices cannot be changed once the Customer’s order has been placed. The full payment of the price must be made when ordering. At no time can the amounts paid be considered as deposits or advances. The Customer is solely responsible for checking the possibility of importing the ordered products with regard to the rights of the territory of the delivery country.
Article 6: ORDER PROCESSING
BLUMORPHO presents on its website the products for sale with a description of the characteristics necessary to comply with Article L111-1 of the Consumer Code. The Customer acknowledges having read, at the time of placing the order, these characteristics stated on the screen and declares to accept them without reservation. The ordering and confirmation of the order by the Customer in the conditions below materialize their full and entire acceptance of these specific terms of sale, which are the only ones applicable to the order. The order will only be definitively recorded upon validation by the Customer of the order summary screen. The Customer’s “acceptance click,” in the conditions established by the BLUMORPHO site, in accordance with Articles 1369-1 and 1369-2 of the Civil Code, constitutes an irrevocable order unless in the cases limitedly provided for in these General Terms and Conditions such as “right of withdrawal” and “out of stock.” The Customer acknowledges by this act to have read and understood these Conditions and accepts them. The automatic recording systems of the BLUMORPHO site are considered as proof of the nature, content, and date of the order. The “click” associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitute an electronic signature. This electronic signature is binding between the parties as a handwritten signature. For order confirmation, an email is automatically sent to the customer to confirm the order, provided that the email address indicated by the customer in the registration form is correct. The Customer must verify the completeness and accuracy of the information provided to BLUMORPHO. The latter cannot be held responsible for any input errors and the consequences in terms of delay or execution error. The sale will only be concluded from the confirmation of the order by BLUMORPHO, which will confirm the acceptance of the order by email to the email address communicated by the customer.
Article 7: PAYMENT METHOD
To pay for the order, the consumer has the secure online payment system Stripe, which uses the SSL (Secure Socket Layer) protocol so that the transmitted information is encrypted by software and that no third party, including BLUMORPHO, can become aware of it during transport on the network. No personal payment data passes directly through the Site; only the acceptance of payment by Stripe is transmitted. The Customer guarantees BLUMORPHO that he has the authorizations possibly necessary to use this payment method when validating the order form. The debit of purchases on the customer’s account is made at the time of order processing. The Customer must ensure that his credit card provides access to sufficient funds to cover all costs resulting from the sale of products online on the BLUMORPHO site. BLUMORPHO reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. BLUMORPHO reserves the right to refuse to make the order available or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The order form that the Customer establishes online or the order confirmation sent by email to the Customer by BLUMORPHO does not serve as an invoice. Accompanying the email serving as a payment receipt, the customer will receive an invoice generated by the site’s computer system. BLUMORPHO retains full ownership of the products sold until full receipt of all amounts due by the customer in the context of his order, including fees and any taxes. The computerized records kept in the computer systems of SAS BLUMORPHO will be considered as proof of the nature, content, and date of the order placed between BLUMORPHO and its customers. The archiving of order forms and invoices is carried out on reliable and durable support that can be produced as proof.
Article 8: DELIVERY
Regarding digital products, the availability of the order is normally immediate. BLUMORPHO cannot be held responsible for delays in availability or execution due to errors or disruptions attributable to internet service providers or website hosts. BLUMORPHO undertakes to do everything possible to ensure that orders are made available within 30 days of payment validation by Stripe. BLUMORPHO will, in any case, be released from its obligation to make the order available or execute it in the event of:
- Occurrence of a force majeure event such as war, riot, fire, strikes, accidents,
- Non-performance by the customer of any of his obligations (payment of the price, accuracy of the information communicated by the customer such as the email address…).
Article 9: RIGHT OF WITHDRAWAL AND WARRANTIES
For our digital products, the customer waives his withdrawal period as allowed by Article 221-28 of the Consumer Code.
Article 10: LIMITATION OF LIABILITY
The information provided on the site, photographs, product sheets, prices, etc., is provided for informational purposes only. BLUMORPHO strives to ensure the accuracy of the information presented on the site. Errors that may have been introduced are accidental and are corrected as quickly as possible. The responsibility of BLUMORPHO cannot be engaged for simple errors or omissions that may have persisted despite all precautions taken in the presentation of products. In accordance with current regulations, BLUMORPHO are not responsible for the non-performance or poor performance of the contract that would be attributable either to the consumer or to the insurmountable and unpredictable fact of a third party to the contract or to a force majeure. Without limiting the preceding paragraphs, the liability of BLUMORPHO under these General Conditions cannot exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned.
Article 11: LEGAL INFORMATION
The personal information relating to the customer is essential for the processing and routing of orders, the establishment of invoices and warranty contracts. BLUMORPHO undertakes not to disclose to third parties the information communicated by Customers on the site. This information is confidential. It will only be used for the processing of their order and the follow-up of commercial relations and will be treated in complete confidentiality considering the personal data communicated by the Customer. The Customer has (Article 34 of the law of January 6, 1978) a right of access, modification, rectification, and deletion of the data concerning him, which he can exercise with BLUMORPHO. This right can be exercised by sending us a letter to the following address: BLUMORPHO 38 RUE JEAN MERMOZ 75008 PARIS 8.
Article 12: COMMITMENT REGARDING DATA PROTECTION
In accordance with the provisions of Law No. 98-536 of July 1, 1998, transposing into the Intellectual Property Code Directive 96/9/EC of March 11, 1996, on the legal protection of databases, BLUMORPHO is the producer and owner of all or part of the databases making up this site. By accessing this site, the customer acknowledges that the data it contains is legally protected and, in accordance with the aforementioned law of July 1, 1998, undertakes in particular not to extract, reuse, store, reproduce, represent or retain, directly or indirectly, on any type of medium, by any means, and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases appearing on the site to which he accesses.
Article 13: APPLICABLE LAW
This contract is subject to French law. Any dispute that may arise on its validity, interpretation, or execution will be submitted to the competent courts.
