TERMS OF SALES
The company Bluetens France makes every effort to satisfy 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 the implementation of the commercial guarantee that we propose to you and to help you in the exercise of your right of retraction. Our team is available and attentive to your remarks or questions to 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 registered office with registered office at 5, passage passage Saint Bernard in Paris (75011) registered at the Paris Trade and Companies Register under number 804 310 795 (“the Seller”) from non-professional buyers (“Customers or Customer”) wishing to acquire the products offered for sale by the Seller (” The Products “) on the website” www.bluetens.com “. They constitute, with the order form, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
They specify in particular, and without limitation, the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The main features of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website “www.bluetens.com”.
The Customer is required to read it 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:
5, passage Saint Bernard
These General Terms and Conditions of Sale apply to the exclusion of any other general or special conditions, and in particular those applicable to sales in store or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website “www.bluetens.com” and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares to have taken knowledge of the present General Conditions of Sales and to have accepted them without restriction or reserve by checking the box envisaged for this purpose before the implementation of the procedure of order on line as well as the general conditions of use of the site internet “www.bluetens.com”.
These General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the purchase of the Customer is the one in effect on the website at the date of placing the order. The modifications are only binding on the users of the website “www.bluetens.com” as of their posting online and can not be applied to transactions concluded previously.
Unless proved 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 in writing. justifying his identity, Bluetens France, 5, passage Saint Bernard in Paris (75011).
The Customer acknowledges acting as a consumer – and not a reseller – and having the capacity to contract and purchase the Products offered on the website www.bluetens.com, in particular to be at least 16 (sixteen) years old.
ARTICLE 2 – Products
Products offered for sale on the “www.bluetens.com” website are: “Connected electrostimulation devices and accessories”.
They are presented in the catalog published on the site “www.bluetens.com” and are the subject of a description established by the supplier mentioning their essential characteristics within the meaning of Article L. 111-1 of the code of consumption .
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 of their circulation on the market.
In particular, this medical device is a regulated health product which, under this regulation, bears the CE marking in accordance with Council Directive 93/42 / EEC of 14 June 1993 on medical devices.
ARTICLE 3 – Orders
It is up to the Customer to select on the website “www.bluetens.com” the Products he wishes to order, according to the following modalities:
– Study and select the products that interest him and check their characteristics;
– Add the Products to the virtual basket by clicking on the link provided for this purpose;
– Select and fill delivery options and billing details;
– Check the contents of the cart and the information on the delivery and billing details;
– Validate the order ;
– Make a payment ;
– Acknowledge and keep the order confirmation sent automatically by email to the indicated address;
An email address is required to place an order.
The sale will be considered final only after sending to the Buyer the confirmation of the acceptance of the order by the Seller by email and the collection by it of 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 evolution 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 circumstances:
– the product concerned is unavailable in the stocks (the amounts paid are reimbursed to the Customer as soon as possible);
– billing and / or delivery details are incorrect or can not be verified;
– the order is identified as likely to constitute fraud including, but not limited to, age requirements and the quality of consumer of the Buyer;
– payment by bank transfer is not received within the time indicated;
– the prices displayed included a material error;
– errors were in the description of the Product.
The Seller is not intended to directly sell the Products on the website “www.bluetens.com” to professionals, but only to consumers, for their personal needs.
The Seller 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 check the address or solvency of the Client to ensure the absence of fraud.
ARTICLE 4 – Rates
The Products are supplied at the rates in effect on the website “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 charged in addition, under the conditions indicated on the website “www.bluetens.com” and calculated prior to placing the order. depending on the country of delivery.
The rates take into account any discounts or rebates that may be granted by the Seller on the “www.bluetens.com” website.
These prices are firm and non-revisable during their period of validity, as indicated on the website “www.bluetens.com”, the Seller reserves the right, outside this period of validity, to change 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 delivered to the Customer upon delivery of the Products ordered.
For all Products shipped outside the European Union, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.
ARTICLE 5 – Terms of payment
The price is payable in cash, in full at the date of placing the order by the Customer, by way of secure payment, as follows:
– by credit card: Visa, MasterCard, American Express, other blue cards (Ecard bleu);
– by paypal;
Payment data is exchanged in encrypted mode thanks to the E-Transaction protocol of Crédit Agricole.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, may be billed to the Customer.
Payments made by the Customer will not be considered final until the sums due by the Seller have been paid.
The Seller reserves the right, in case of non-compliance with the terms of payment listed 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 times to the address indicated by the Customer when ordering on the website www.bluetens.com. These deadlines are given as indicative:
– In metropolitan France: 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 the special case or unavailability of one or more Products, the Products ordered will be delivered at one time. However, the Seller reserves the right to split the delivery subject, if necessary, to inform the Customer by email to the address indicated when placing the order. No additional shipping costs will be charged.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time 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 solved at the written request of the Customer in the conditions laid down 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 no later than fourteen days following 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 to which the carrier can easily access.
In the event of particular request of the Customer regarding the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the object of an additional specific invoicing, on estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the delivered products. It has a deadline of 7 (seven) days from the delivery to formulate in writing (postal mail, e-mail) all reservations or claims for nonconformity or apparent defect of the Delivered Products (for example damaged parcel already opened …) , with all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in articles L. 211-4 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale.
ARTICLE 7 – Transfer of Ownership – Transfer of Risks
The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will only be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will only be realized at the moment when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 8 – Right of withdrawal – Returns and cancellation
It is the Customer’s responsibility to check the accuracy of the order and report any errors immediately. The possible modifications of the order by the Customer can be taken into account by the Seller only within the limits of its possibilities and provided to be notified by e-mail before the scheduled date for the dispatch of the order.
In the event that these modifications can not 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 impossibility to accept the modifications requested by the Seller. the Customer (unless he prefers to have a credit).
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 to pay a penalty, for the purpose 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 withdrawal decision.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their return to market in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal must be exercised by email at 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 declaration, unambiguous, expressing the will to retract.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Products and the delivery costs are refunded, the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within a period of 15 (fifteen) days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
The return of the products is the responsibility of the Customer; it is therefore advisable to carry out the return in monitoring and recommended with declaration of the value of the product.
ARTICLE 9 – Seller’s Liability – Warranty
The Products sold on the “www.bluetens.com” website comply with the regulations in force in France.
The Products supplied by the Seller are automatically entitled to and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions and under the conditions and according to the terms defined in these General Terms 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, the assembly instructions or the 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 be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer may 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 by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods. “
The customer :
– has a period of 2 years from delivery of the property to act;
– can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L211-9 of the Consumer Code;
– is exempted from reporting the proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The legal guarantee of conformity applies regardless of the commercial guarantee.
The Customer may decide to implement the guarantee of 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 selling price.
– the legal guarantee against hidden defects provided for in articles 1941 to 1649 of the French Civil Code, resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use;
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
Refunds of Products deemed non-compliant or defective will be made as soon as possible after the finding by the Seller of the lack of conformity or hidden defect.
The refund will be made by credit on the bank account of the Customer or by Paypal.
The Seller’s liability can not be incurred in the following cases:
– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check;
– in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products
ARTICLE 10 – Warranty 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 it appears a malfunction within 24 (twenty-four) months from the confirmation of the sale, upon presentation of the invoice which is worth of guarantee .
The warranty extends to the parts and labor required for servicing.
The Manufacturer may, at its discretion, remedy the failure within a reasonable time, or replace the product with another in good working condition.
The Manufacturer may not in any case be required to pay any sum of any kind whatsoever, including but not limited to, under the temporary immobilization of the Product, a disorder, a loss of control, loss of profits, business interruption or other similar loss.
The guarantee is granted for all Products including a Bluetens device sold on the site “www.bluetens.com” without territorial limit.
According to Article L. 211-16 of the Consumer Code: “When the buyer asks the seller, during the course of the guarantee which was granted to him during the acquisition or repair of a property furniture, a refurbishment covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “
Warranty claims must be sent by email to the seller’s after-sales service at firstname.lastname@example.org.
Products covered by the warranty must be returned complete and in their original condition and packaging after receipt of the confirmation of the claim by the after-sales service.
The consumer will be refunded the return postage no later than 30 days after receipt of the product by the Manufacturer on the basis of the cost of a parcel post paid at the current low rate.
The guarantee is excluded in the cases where the failures of the products originate from:
– breakage due to accidents, incidents or connections that do not comply with the instructions for use and / or these general conditions of sale;
– power supply failures;
– a computer virus;
– a use of the Product different from that for which it was designed and manufactured;
– failure to observe the instructions for assembly, use or maintenance;
– modifications, interviews or interventions not made by Bluetens’ specialized service or its authorized agents for this purpose;
– the addition or use of parts, components or accessories other than those sold or recommended by Bluetens.
ARTICLE 11 – IT and FREEDOM
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to the Seller’s potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website “www.bluetens.com” has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
This right can be exercised under the conditions and according to the conditions defined on the website “www.bluetens.com”
ARTICLE 12 – Intellectual Property
The content of the website “www.bluetens.com” 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 likely to constitute a crime of counterfeiting.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, … made for the provision of Services to the Customer. The Customer therefore prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, … without the express written permission of the Seller, which may condition it to a financial counterparty.
ARTICLE 13 – Applicable Law
These General Terms and Conditions of Sale and the transactions arising therefrom 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 case of dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale transactions concluded under these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have to be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.
The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of the consumption (article L 534-7 of the Code of the consumption) or with the existing instances of mediation sectorial , and whose references appear on the website “www.bluetens.com” or any alternative dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 15 – Pre-contractual Information – Customer Acceptance
The Customer acknowledges having communicated, before placing an order, in a legible and understandable manner, these General Terms and Conditions of Sale and 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 Products and ancillary costs;
– the period at which the Seller undertakes to deliver the Product;
– information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not appear from the context;
– information on legal and contractual warranties and how they are implemented;
– the functionalities of the digital content and, where appropriate, its interoperability;
– the possibility of resorting to a conventional mediation in case of litigation;
– the information relating to the right of withdrawal (existence, conditions, deadline, methods of exercise of this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.
The fact for a natural person to order on the website “www.bluetens.com” implies full acceptance and acceptance of these Terms and Conditions, which is expressly acknowledged by the Customer, who waives, in particular, prevail of any contradictory document, which would be inopposable to the Seller.
ARTICLE 16 – Liability
The Seller can not be held liable in case of non-performance or improper performance due either to the fact of the buyer or to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.
The seller can not be held liable for non-conformity of the product with the legislation of the country of the consumer to whom it belongs to check if the product is not prohibited for sale in his country.
Despite the care taken in developing and updating the content of the site www.bluetens.com, inaccurate or incomplete information may appear. These are not likely to engage the responsibility of the Seller.
The Seller can not be held responsible for damages resulting from the use or inability to use the site “www.bluetens.com” including computer viruses.
Despite the use of encrypted security software, the Seller accepts no liability for damage resulting from the use of electronic communication and can not guarantee the security of information and payments transmitted via internet or email.
The Seller shall not be held liable for any damage suffered by a third party resulting from the use of a Product or misuse of the Product.
ARTICLE 17 – Personal space
In case of registration on the site “www.bluetens.com”, the Customer must protect the confidentiality of its connection elements (username and password) and refrain from communicating them to third parties.
The Seller reserves the right to disable access to the personal account of a Customer if it believes that it has breached its contractual obligations or any provision of these Terms and Conditions.
ARTICLE 18 – Final Provisions
If a stipulation of the General Conditions was to be declared illegal or unenforceable, the applicability of the remaining Terms of Sale would not be affected, the other clauses remaining in force.
Any waiver or delay by the Seller to claim the performance by the Customer of the provisions of these Terms and Conditions does not constitute a waiver of the rights he holds and does not entitle the Customer to waive compliance with the General Terms and Conditions.
These Conditions 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 a provision of the Terms of Sale will only be effective after the written signature of a representative of Bluetens Limited.