Article 1 • General Sales Terms & Conditions
The company BLUENERY sells ethical and eco-designed sportswear (“Products”).
13 Chemin de la Pinède
06100 NICE – FRANCE
+33 (0) 6 98 02 20 11
Siret : 844 131 417 00017 Code APE : 4641Z
TVA intracom. : FR34844131417
The terms below define sales channeled through Bluenery’s website at www.bluenery.com (“Site”), on Products ordered by any adult person residing in Europe, intended for personal use only (“the Client”).
By clicking the order confirmation button to finalize his/her Products order, the Client acknowledges that he/she has read the present notice and agrees to abide by these terms and conditions.
The Client is therefore invited to carefully read the General Sales Terms & Conditions below.
The Client can not complete a Products order on the Site without accepting the General Sales Terms & Conditions.
For the purpose of these Terms, the Client and BLUENERY are hereinafter referred to collectively as “the Parties” and individually as a “Party”.
Article 2 • Products
• 2.1 Introduction and description
Photographs or illustrations of the Products put on the Site are non-contractual and could not engage the responsibility of BLUENERY in the event of any inconsistency between the photographs or illustrations of the Products and the actual Products.
BLUENERY will inform the Client of the main characteristics of the Products for sale, mainly:
- The brand and product names ,
- Product reference ,
- Technical features
BLUENERY encourages the Client to read about these key points.
BLUENERY is committed to deliver Products following the applicable laws and regulations in accordance with the relevant national and European provisions.
• 2.2 Availability
BLUENERY is committed to deliver orders received on the Site according to stock availability.
Available Products are displayed and available at the time and day of the Site consultation by the Client, except in the event of an error or particular situation, such as a stock inventory or bar code labelling error.
At any time, BLUENERY reserves the right to stop selling a Product, whilst committing not to affect any order that might have been be placed on the Product.
In the event of unavailability of a Product, BLUENERY will inform the Client as soon as possible via email. The Client will have the right to cancel or modify the order and a substitute Product will be shipped with prior express agreement.
In the case of a cancellation after payment, the Client will receive a full refund within fourteen (14) days from the time the refund application is received.
Article 3 • Prices
Prices are indicated in euros, including all taxes, excluding freight costs, duty costs and costs related to Products import into the country of destination. The Client will be responsible for the latter, when appropriate.
The value-added tax is the national VAT and will reflect applicable rate at the time of the confirmation of the order by the Client.
In the event of a variation in the VAT rate, Products prices are subject to reflect these changes.
Order handling, packing and shipping charges are extra. It will depend on the type and destination of the shipment. Extra charges will be offered on any order above 100€, including taxes.
Shipping fees are detailed in the “Shipping costs and delivery lead times” tab as well as on the order summary available before order confirmation.
BLUENERY reserve the right to modify shipping and handling charges from time to time, without notice. Products will be charged at the actual applicable rates shown at the time the Client makes a purchase.
Article 4 • User account
Orders must be made online, directly on the Site.
On a first order, the Client might register for an account: the creation of a username and password will then be required.
In the event of the loss of his/her password, the Client must enter his/her email address in the appropriate field and the system will automatically send the password to the email address.
Creating the account setup, the Client is responsible for his/her account credentials. In case of an error in the account information, such as the recipients shipping address and/or the invoicing address, BLUENERY will not be held responsible for not delivering the Products, as promised.
Article 5 • Order placement
The Client shall complete his/her order on the site, entering the number of Products desired, the color(s) and size(s). An order placed constitutes acceptance of the total amount of the order (including any applicable taxes and shipping and handling charges).
The Client shall indicate the delivery address and pick shipping and payment methods.
Once the order is complete, the Client can view a recap of his/her order and verify the Products listed, the quantity and the total amount of the order.
The Client can confirm the order by clicking on the Order confirmation button, which constitutes full acceptance of the order and agreement to these General Sales Terms & Conditions.
Once the purchase is complete, an order confirmation email will be sent to the Client.
As soon as the order is registered, an electronic receipt is sent to the email address provided by the Client.
A withdrawal form will be sent along the electronic receipt which details:
- The order number;
- Product description;
- Total amount, including shipping fee;
- Payment confirmation
- Delivery terms and address,
- Bluenery’s contact information;
- Customer service, product support and warranty information;
- Summary, including compliance and defects warranty;
- Cancellation terms and conditions.
This electronic receipt is the order confirmation. The Client hereby agrees that the on line order system and database is the legal reference of content and date of the order.
BLUENERY reserves the right to reject or cancel any order that may look suspicious, especially on ordered quantities, in order to prevent illegal distribution of Products.
Article 6 • Payment and property to secure payment
The purchase of the total amount of the order, in euros, is complete on the date and time of the order confirmation
The only valid acceptable payment methods are: CB, VISA, AMERICAN EXPRESS, MASTERCARD et EUROCARD.
The purchase will be charged to the Client immediately after banking information is checked and banking authorization granted by the Client’s bank.
As stipulated in Article L.132-2 of the Monetary and Financial Code, the payment method is final and irrevocable. The Client authorizes BLUENERY to charge your designated payment method for the total amount of your order, including taxes and shipping and handling charges.
Thus, the Client represents and warrants that he/she is the owner and authorized user of the designated payment method. The Client shall register the number, the expiry date and, when appropriate, the security code of his/her bank/credit card.
In the event of an irregular use of his\her bank/credit card, the Client shall contact BLUENERY via email at the following address: email@example.com
In case of refusal of the authorization of payment, the sale may automatically be cancelled without service of default and the order cancelled.
A detailed, electronic receipt will be sent via email to the Client for each order placed. The Client can access the receipt in his/her User account for 1 year.
The Products remain the property of BLUENERY until full payment has been received under the purchase order, all applicable taxes and charges included.
Article 7 • Payment security
The Site uses security measures: The SSL encryption protocol optimizes security when transmitting sensitive data linked to methods of payment in order to protect sensitive data, including a plug-in from PAYPLUG.
Article 8 • Delivery
Products are delivered to the address provided by the Client upon purchase order confirmation.
The Client is responsible for checking that all information provided to BLUENERY is complete and exact when ordering. BLUENERY would not be held responsible for the activities of the user on his/her user account, for example data entry error and the resulting consequences thereof (e.g. delays or delivery errors). In this event, the Client will assume the entire trans-shipment costs of the Products.
BLUENERY will deliver and provide a delivery receipt within maximum 7-10 open days for any delivery in Europe.
Any delivery dates or times shown as part of the checkout process are estimated within business days, excluding weekends and holidays.
Estimate delivery dates consider the average and regular order processing, packing and delivery time and begin with the date of the order confirmation by BLUENERY.
In the event of a delay, after notifying BLUENERY and granted a reasonable grace period, the Client may, by registered mail, rescind the order. Only when the delivery is still not complete as planned, the Client must address a letter sent by recorded delivery to: BLUENERY
BLUENERY will rescind the contract upon reception of the registered letter, when the Products were not formerly delivered.
In case of cancellation, The Client will get a full refund according to the preliminary mode of payment as soon as possible and no later than fourteen (14) days upon reception of the registered letter.
BLUENERY will not be held responsible for the non-performance of the contract in any case of delivery failure due to the Client (delivery address entry error), of an unforseeable and unique event of a third-party or in a case of force majeure.
Delivery costs are calculated according to shipping location, shipping option and total order amount. Delivery costs calculation are detailed on the “Shipping fees and timeline”. In any case, shipping and handling charges are shown at the time of the purchase.
Article 9 • Order reception and compliance
The Client is responsible for checking the packaging, labelling and integrity of the Products delivered and notifying BLUENERY of any reservation or claim, if need be. Any defect regarding the delivery should be reported on the carrier’s delivery slip with a copy on the information should be addressed by mail or email to Bluenery within 5 days from the delivery date at firstname.lastname@example.org or BLUERNERY, 13 chemin de La Pinède – Villa Joséphine 06100 Nice – France
The Client should also inform BLUENERY of any defects or missing products within 5 days from the delivery date. Any claim received later than 5 days after delivery will be declined, without the possibility of any further claims.
The Client is also required to verify Products compliance with his/her order upon reception. Any defect must be notified to BLUENERY within the legal and regulatory timescales.
Article 10 • Warranty
All Products are guaranteed to be free from defects in materials and workmanship under normal use for a period of 2-years from the order date.
The following conditions are excluded from the warranty:
- Damage caused by abuse, improper care or negligence
- Improper care and ignorance of care instructions causing natural breakdown of colors and materials or shrinkage
- Damage caused by accident: abrasion and tear
- Normal wear and tear of materials over time or through use
It should be noted that BLUENERY is required to have legal guarantee of products compliance related to articles L. 217-4 to L. 217-12 of the consumer code and to latent defects, as it is defined in the article 1641 to 1648 and 2232 in the civil code.
On a process of legal guarantee of compliance, the Client:
- is granted a period of 2 years from the Product delivery date to register a claim;
- is offered the repair or replacement of the goods, to the extent of the intended conditions and costs in article L. 217-9 of the consumer code;
- has no obligation to provide proof of non-compliance for a limited period of twenty-four months from the products delivery date.
The legal guarantee of products compliance shall apply notwithstanding the company’s warranty.
If the Client intends to claim defect damages according to article 1641 of the civil code, either the cancellation and full refund of the purchase or the reimbursement of a portion of the price is possible.
Article L211-4 of the consumer code
The seller is required to deliver a product which conforms to the contract and is held reliable for any lack of conformity which exists upon delivery.
He is also held reliable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L211-5 of the consumer code
To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling.
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-6 of the consumer code
The seller is not bound by the public statements of the producer or his representative if it is established that he was unaware of them and could not rightfully be expected to have been aware of them.
Article L211-12 of the consumer code
Action resulting from lack of conformity lapses two years after the delivery of the product.
Article 1641 du code civil
A seller is bound to a warrant on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648, subparagraph 1 of the civil code
The action resulting from re must be brought by the buyer « within a period of two years following the discovery of the vice ».
In the case of a return for lack of conformity or defect, the Client must address and inquiry to BLUENERY customer service, via email at email@example.com, detailing the defect or lack conformity of the product.
BLUENERY will assess the inquiry and will process, as requested by the Client, a refund or exchange of the Product, shipping and return charge, if the claim is considered as valid.
No return claim for lack of conformity or defect will be processed without a prior approval from BLUENERY.
Article 11 • Right of cancellation
In accordance with the consumer code, the Client can cancel a contract order within a period of twentyone days (21) after the receipt of the Products, without having to provide a valid reason nor pay any penalties except for the return shipping costs, by filling out the cancellation form sent by mail and also available on the Site or directly on the Site.
The Client will then receive a receipt confirmation via email.
The Client must return the Products within fourteen (14) days after sending the cancellation form, or after having informed the company about his decision to withdraw, at the following address:
E-Logik Centre / BLUENERY – Batiment Auversun – 29 Bd Louis Chartoire – 63100 Clermont Ferrand – France
The Client is responsible for keeping proof of shipment from the delivery company, as the stamped receipt confirms the Products shipment date. The Client is responsible for the return shipment costs and thus, is solely liable for any loss or damages during the return shipment. No refund will be made to the Client in case of loss or damages.
BLUENERY will refund the full purchasing price and shipping costs of a standard delivery only upon reception of the Products or upon proof of shipment, whichever is earliest.
Return shipment costs and risks are covered exclusively by the Client.
BLUENERY will accept an order cancellation for Products returned in new, unused condition, with the original box and/or packaging and labeling and with the copy of the purchase invoice. Products returned that have been damaged, spoiled, soiled or are incomplete, for whichever reason, will not be accepted.
The Client is responsible for the Products depreciation resulting from improper use of the Products by virtue of its nature, dynamics and characteristics.
In accordance with the consumer code, the Client cannot exercise his right of withdrawal on Products made to the Client’s specifications or substantially personalised or which, given the nature thereof, cannot be re-dispatched.
Any return on a « Box BLUENERY » will not be accepted if the box is incomplete.
BLUENERY will not exchange Products.
Article 12 • Liability
BLUENERY could not be held liable for any damages or disadvantages inherent in the use of the Internet network, including connection interruptions, an external intrusion, or the presence of viruses, which described as force major, in accordance with French jurisprudence.
The Client is solely responsible for damages caused to the Client or to a third party resulting in the improper use of the Products. BLUENERY will not be, in any case thereof, be held responsible or liable for any such claimed damages.
Article 13 • Customer service
For more information, questions or request, BLUENERY customer service is available for the Client:
- via email : firstname.lastname@example.org,
- via mail : SAS BLUENERY, 13 chemin de La Pinède – Villa Joséphine 06100 Nice – France
Article 14 • Privacy statement
Data collected and used by BLUENERY are shared voluntarily by the Client from the web form and contain information such as the Client’s name, a delivery address and a valid e-mail address.
Data required are used for order processing, payment confirmation and Products delivery. This information can be shared with the companies managing the purchase orders, process, handling packing, shipping and payment. Data are recorded and kept for the time lapse required by the steps listed above.
Please note that all processed information is declared to the CNIL (www.cnil.fr)
According to the data protection act of January 6th 1978, named “Database and Privacy” law and modified on August 6th 2004, the Client benefits from the right to access and require rectification of the personal information that has been collected about him/her. If the Client wishes to enforce this right and obtain the collected information, he/she can do so by contacting Bluenery at the following email address: email@example.com
The Client can request, for any legitimate reasons, that this data should not be processed.
The Client acknowledges and agrees to the sole responsibility for maintaining the confidential nature of the access code and password used to place purchase orders via the Site. Accordingly, the Client agrees, in respect of BLUENERY, to be exclusively responsible for the activities on his/her user account.
In the event of discovery or suspicion of an unauthorized access to his/her account, the Client must promptly notify BLUENERY at the following email address: firstname.lastname@example.org
According to the settings and updates completed upon the user account registration, The Client may receive promotional offers and advertisement from BLUENERY or from business partners. To stop receiving commercial information, the Client can send a request to BLUENERY at the following email address: email@example.com
Article 15 • Force majeure
BLUENERY will not be held responsible for any delay or breach of contract resulting from a case of absolute necessity, such as unforeseen, uncontrollable and external event. In this case, BLUENERY will report to and inform the Client of the predictable consequences, in the best time frame possible.
BLUENERY will stop performing its obligations in the event of absolute necessity and according to French jurisprudence. In this case, BLUENERY will inform the Client in the best
Article 16 • Non-abandonment
The fact for BLUENERY not to take advantage of any of these general terms shall not be construed as a waiver and shall be deemed a further or continuing no waiver of such term or condition.
Article 17 • Modification
BLUENERY reserves the right to modify the provisions of these general sales terms and conditions at any time and the Client agrees to be bound by those terms and conditions.
Purchase orders are governed by the general sales terms and conditions applicable on the date of the actual order.
Article 18 • Bound provisions
If one or more clauses of these terms and conditions are found to be void, unenforceable or illegal, this shall not prejudice the applicability of the other clauses of the terms and conditions, which will nevertheless remain in full force, unless it is found to be fully binding.
Article 19 • Dispute Resolution – Binding Arbitration
The sales agreement between BLUENERY and the Client is bound by the French law and any legislation or international convention will be inapplicable.
In case of dispute and in accordance with the consumer code, the Client is entitled the consultation of an ombudsman or consumer complaints board after an unsuccessful individual arbitration attempt.
Le Client can find more information following the link below: https://www.economie.gouv.fr/mediation-conso
In the event of an unsuccessful arbitration, the default legal jurisdiction is the French Tribunal, designated as the court with jurisdiction according to the Rules of Procedure in France at the time of the dispute.