TERMS OF SALES
Bluetens France makes every effort to meet the needs and expectations of its customers.
Our specialists are there to advise you before your Purchase, to inform you about the follow-up of your order or to bring into play the commercial guarantee that we offer you and to help you in the exercise of your right of withdrawal.
Our team is available and attentive to your comments or questions at firstname.lastname@example.org.
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation to all sales concluded by Bluetens France, a simplified joint-stock company with a single shareholder whose registered office is at 5, passage Saint Bernard in Paris (75011) registered at Paris Trade and Companies Register under number 804 310 795 0039 ("the Seller") from non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale by the Seller (" The Products ”) on the website“ www.bluetens.com ”. Together with the order form, they constitute the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of products which are only indicative.
They specify in particular, and without this being limiting, the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website “www.bluetens.com”.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Seller's contact details are as follows: Bluetens France 5, passage Saint Bernard 75011 Paris
These General Conditions of Sale apply to the exclusion of any other general or specific conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the Internet site "www.bluetens.com" and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them without restriction or reservation by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the site. internet "www.bluetens.com".
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order. The changes are only effective against users of the "www.bluetens.com" website once they are put online and cannot be applied to transactions concluded previously.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying his identity, at Bluetens France, 5, passage Saint Bernard in Paris (75011).
The Customer acknowledges acting as a consumer - and not a reseller - and having the capacity required to contract and acquire the Products offered on the website www.bluetens.com, in particular being at least 16 (sixteen) years old.
ARTICLE 2 - Products
The Products offered for sale on the "www.bluetens.com" website are as follows: "Connected electrostimulation devices and accessories".
They are presented in the catalog published on the “www.bluetens.com” site and are the subject of a description drawn up by the supplier mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. .
The method of use of the Product is provided on the day of delivery.
The Products comply with the requirements of French law in force at the time they are put into circulation on the market.
In particular, this medical device is a regulated health product which bears, under this regulation, the CE marking in accordance with Council Directive 93/42 / EEC of 14 June 1993 relating to medical devices.
ARTICLE 3 - Orders
It is the Customer's responsibility to select the Products they wish to order on the "www.bluetens.com" website, as follows:
• Study and select the Products that interest him feel and check its characteristics
• Add the Products to the virtual basket by clicking on the link provided for this purpose
• Select and complete delivery options and billing details
• Check the contents of the basket and the information relating to delivery and billing coordinates
• Validate the order
• Make a payment
• Read and keep the order confirmation sent automatically by email to the address indicated
An email address is required to order.
The sale will only be considered final after the Buyer has been sent confirmation of the acceptance of the order by the Seller by email and the latter has received the full price. Any order placed on the website "www.bluetens.com" constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer will be informed by email of the progress of his order.
Product offers are valid as long as they are visible on the site, while stocks last. The Seller reserves the right to cancel the contract concluded with the Buyer without being liable in the following cases:
• the product concerned is unavailable in stock (the amounts paid are refunded to the Customer as soon as possible)
• the billing and / or delivery details are incorrect or cannot be verified
• the order is identified as likely to constitute fraud in particular, and without this being exhaustive, as regards the age conditions and the Buyer's quality of consumer
• payment by bank transfer is not received within the time limits indicated
• the prices displayed included a material error
• errors appeared in the description of the Product.
The Seller is not intended to sell the Products directly on the "www.bluetens.com" website to professionals, but only to consumers, for their personal needs. The Seller therefore reserves the right, in the event of an order for the same Product in large quantities, to redirect the Buyer to the appropriate contact form. The Seller reserves the right to carry out a check concerning the address or the solvency of the Customer in order to ensure the absence of fraud.
ARTICLE 4 - Prices
The Products are supplied at the prices in force appearing on the Internet site "www.bluetens.com" when the order is registered by the Seller.
The prices are expressed in Euros all taxes included. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website "www.bluetens.fr" and calculated prior to placing the order in depending on the country of delivery.
The prices take into account any reductions or discounts that may be granted by the Seller on the "www.bluetens.com" website.
These prices are firm and not revisable during their period of validity, as indicated on the website "www.bluetens.fr", the Seller reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
For all Products shipped outside the European Union, the price will be calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 5 - Payment terms
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
• by bank cards: Visa, MasterCard, American Express, other blue cards (blue E-card)
• by Paypal
Payment data is exchanged in encrypted mode using Crédit Agricole's E-Transaction protocol.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment can be charged to the Customer.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Seller.
The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
ARTICLE 6 - Deliveries
The Products ordered by the Customer will be delivered within the following deadlines to the address indicated by the Customer when ordering on the website www.bluetens.com. These deadlines are communicated for information only:
• In mainland Francee: 2-3 days
• In member countries of the European Union: 5-7 days
• In countries outside the European Union: up to 10 days.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once. However, the Seller reserves the right to split the delivery subject, if necessary, to inform the Customer by email at the address indicated when placing the order. No additional shipping costs will then be charged.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, if the Products ordered have not been delivered within 30 days after the conclusion of the contract, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer within the conditions provided for in Articles L.138-2 and L.138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of 7 (seven) days from delivery to formulate in writing (postal mail, e-mail) any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged package already open, etc.) , with all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L. 211-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale.
ARTICLE 7 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 8 - Right of withdrawal - Returns and cancellation
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors. Any changes to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email before the date scheduled for the shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 3 (three) weeks from the notification of the inability to accept the modifications requested by the Client (unless the latter prefers to benefit from a credit note).
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal must be exercised by email to the following address: email@example.com; an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declarationtion, unambiguous, expressing the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed, the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 15 (fifteen) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
The return of products is the responsibility of the Customer; it is therefore advisable to make the return in follow-up and recommended with declaration of the value of the product.
ARTICLE 9 - Responsibility of the Seller - Guarantee
The Products sold on the “www.bluetens.com” website comply with the regulations in force in France.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions and under the conditions and according to the modalities defined in these General Conditions of Sale:
• the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code, for Products that are apparently defective, damaged or damaged or do not correspond to the order.
"Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code: To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
• correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model.
• have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods. "
The customer :
• has a period of 2 years from the delivery of the goods to act.
• can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L211-9 of the Consumer Code.
• is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee.
The Customer may decide to implement the warranty against hidden defects within the meaning of Article 1641 of the Civil Code and may, if necessary, choose between the resolution of the sale or a reduction in the sale price.
• the legal guarantee against hidden defects provided for in articles 1941 to 1649 of the Civil Code, resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
The Seller will reimburse or replace the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible following the Seller's finding of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer's bank account or by Paypal.
The Seller's liability cannot be engaged in the following cases:
• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 10 - Guarantee and after-sales service
All devices sold by Bluetens France are tested before delivery and sold under the Manufacturer's warranty.
The Manufacturer undertakes to repair or replace the product if a malfunction appears within 24 (twenty-four) months from the confirmationmation of the sale, on presentation of the invoice which serves as a guarantee certificate.
The warranty extends to the parts and labor required to restore to working order.
The Manufacturer may, at its option, remedy the failure within a reasonable time, or replace the product with one in good working order.
The Manufacturer may not under any circumstances be claimed for the payment of any sum for any reason whatsoever, in particular but without this being limiting, for the temporary immobilization of the Product, a disorder, loss of order, loss of profit, operating loss or any other loss of the same nature.
The guarantee is granted for all Products sold on the site “www.bluetens.com” without territorial limit.
Under the terms of Article L. 211-16 of the Consumer Code: "When the buyer asks the seller, during the course of the guarantee granted to him during the acquisition or repair of a good furniture, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "
Claims made under guarantees must be sent by email to the seller's after-sales service at the following address: firstname.lastname@example.org.
The products covered by the warranty must be returned complete and in their original condition and packaging after receipt of confirmation of the claim by the after-sales service.
The consumer will be reimbursed for return postage no later than 30 days after receipt of the product by the Manufacturer on the basis of the cost of a postage-paid parcel at the current slow rate.
The guarantee is excluded in the cases where the failures of the products originate from:
• breakage due to accidents, incidents or connections not in accordance with the user manual and / or these general conditions of sale
• power supply failures
• a computer virus
• use of the Product different from that for which it was designed and manufactured
• failure to observe assembly, use or maintenance instructions
• modifications, maintenance or interventions not carried out by the Bluetens specialist service or its authorized representatives for this purpose
• the addition or use of parts, components or accessories other than those sold or recommended by Bluetens.
ARTICLE 11 - Information Technology and Freedoms
When ordering, the personal data collected will be subject to computer processing. You are invited to refer to our website data protection policy for all the information relating to this point (here).
ARTICLE 12 - Intellectual property
The content of the “www.bluetens.com” website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc. produced with a view to providing the Services to the Customer. The Customer therefore refrains from any reproduction or use of said studies, designs, models and prototypes, etc. without the express, prior written authorization of the Seller who may make it conditional on financial consideration.
ARTICLE 13 - Applicable law
These General Conditions of Sale and the operations resulting from them are governed by French law, subject to the mandatory provisions of the Customer's country of residence.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 14 - Disputes and mediation
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Bluetens adheres to the Mediator of e-commerce service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr. After prior written action by consumers vis-à-vis Bluetens, the Ombudsman's Service can be referred to any consumer dispute that has not been resolved.
ARTICLE 15 - Pre-contractual information - Customer acceptance
The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in Articles L. 111-1 to L. 111-7. of the Consumer Code, and in particular:
• the essential characteristics of the Product, taking into account the communication medium used and the Product concerned
• the price of the Products and ancillary costs
• the period at which the Seller undertakes to deliver the Product
• information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context
• information relating to legal and contractual guarantees and their implementation methods
• the functionalities of the digital content and, where applicable, its interoperability
• the possibility of resorting to conventional mediation in the event of a dispute
• information relating to the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right and standard form of withdrawal), the costs of returning the Products, the terms of termination and other important contractual conditions.
The fact that a natural person places an order on the “www.bluetens.com” website implies full and complete acceptance and acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to prevail over any contradictory document, which would be unenforceable against the Seller.
ARTICLE 16 - Liability
The Seller's liability cannot be incurred in the event of non-performance or improper performance due either to the act of the buyer or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
The seller cannot be held liable for non-compliance of the product with the legislation of the country of the consumer to whom it is the responsibility of verifying whether the product is not prohibited for sale in his country.
Despite the care taken in developing and updating the content of the www.bluetens.com site, inaccurate or incomplete information may appear there. These are not likely to engage the responsibility of the Seller.
The Seller cannot be held liable for damage resulting from the use or the inability to use the "www.bluetens.com" site, including computer viruses.
Despite the use of encrypted security software, the Seller declines all responsibility for any damage resulting from the use of electronic communication and cannot guarantee the security of information and payments transmitted via the Internet or by email.
The Seller cannot be held liable in the event of damage suffered by a third party resulting from the use of a Product or from improper use of the Product.
ARTICLE 17 - Personal space
When registering on the "www.bluetens.com" site, the Customer must protect the confidentiality of his login details (username and password) and refrain from communicating these to third parties.
The Seller reserves the right to deactivate access to a Customer's personal account if he considers that the latter has breached his contractual obligations or any stipulation of these General Conditions.
ARTICLE 18 - Final stipulations
If a provision of the General Conditions were to be declared illegal or inapplicable, the applicability of the rest of the Conditions of Sale would not be affected, the other clauses remaining in force.
Any waiver or delay by the Seller in claiming the execution by the Customer of the stipulations of these General Conditions does not constitute a waiver of the rights which it holds and does not authorize the Customer to be exempt from compliance with the General Conditions.
These Terms of Sale constitute the entire agreement between the parties and supersede all previous and current agreements between Bluetens Limited and the Customer. Any waiver of any provision of the Terms of Sale will only be effective after written signature by a representative of Bluetens Limited.
Update date: April 1, 2021