• GCS

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE WEBSITE BLUNE.FR

 

BLUNE SAS

S.A.S. with a capital of 29,395 euros

R.C.S. Paris 532 440 401

Head office: 6 rue d’Amboise, 75002 Paris, France

Intra-community VAT no.: FR 02 532 440 401

Tel: +33 1 73 70 26 78

Website: www.blune.fr

Email: shop@blune.fr

 

The products offered on the website accessible via the address < www.blune.fr > are sold by the company Blune SAS, a simplified joint stock company under French law, with a capital of 29 395 euros, registered the the Registre du Commerce et des Sociétés (Trade and Companies Register) with the number 532 440 401, whose head office is located on 6 rue d'Amboise, 75002 Paris, France (hereafter called "BLUNE"), represented by its current chairwoman, Mrs. Julie Delaissé, as its legal representative.

BLUNE is subject to value added tax and identified by the following intra-community VAT number: FR 02 532 440 401.

These General Terms and Conditions set out the conditions under which BLUNE sells and Customers purchase Products via the Website, as well as the conditions of use of the Website.

These General Terms and Conditions are part of the precontractual information referred to by article L. 121-17 of the French Code de la Consommation (Consumer Code).

By accepting these General Terms and Conditions, the Customer expressly confirms having read them and having ultimately been able to download them or print them out.

These General Terms and Conditions are current as of 1 February 2016. They replace any previous versions, rendering them null and void.

 

1. DEFINITIONS

In these General Terms and Conditions, the terms and expressions identified by a capital letter have the following meaning, whether used in the singular or plural.

1.1 Customer: designates any person who uses the Website or who purchases one or more Products.

1.2 Order: designates the purchase by a Customer on the Website on all of the Products summarized in their Basket.

1.3 General Terms and Conditions: designates these general terms and conditions of sale and the use of the Website. These General Terms and Conditions can be modified at any time without prior notice. In this case, the modifications will be valid as soon as they appear online but will only be applicable to purchases made after they appear online. It is therefore imperative that the Customer consults and accepts the General Terms and Conditions at the time they make their purchase, especially in order to ensure they are aware of the current contractual stipulations.

1.4 Contract: designates the Products sales contract, made between BLUNE and the Customers at the moment an Order is confirmed and payment is made for the Total Price.

1.5 Basket: designates the list of Products selected by the Customer with a view to an Order.

1.6 Total Price: designates the price corresponding to all the Products within the Basket confirmed by the Customer and subject to an Order, including shipping costs.

1.7 Products: collectively designates the Products marketed on the Website.

1.8 Website: designates the website edited and managed by BLUNE, accessible via the address www.blune.fr, or any other website that BLUNE may substitute for it.

 

2. SUBJECT

These General Terms and Conditions govern the conditions of use of the Website and the conditions in which BLUNE sells Products to Customers.

 

3. USE OF THE WEBSITE AND CUSTOMER ACCOUNT

3.1 Any Customer must be a person not acting in a professional capacity, aged at least 18 years and with the legal ability of contracting and using the Website in accordance with these General Terms and Conditions.

3.2 In order to finalize their Order of a Product, the Customer should probably create a customer account on the Website, by consulting and accepting these General Terms and Conditions and providing BLUNE with all the personal information and data designated as compulsory by an asterisk. This account allows the Customer to identify themself on the Website using a username and password.

3.3 The Customer guarantees the accuracy and truthfulness of the information they provide to BLUNE, whether this information concerns the Customer themself or the people for whom the Products are intended.

3.4 The Website allows Customers with a customer account to search, order and pay for the cost of Products. It also allows the customer to find all the information relating to their Orders and to complete return requests for Products.

3.5 In the event of a lack of compliance with the conditions of use of the Website or of abusive or fraudulent use of the Website, BLUNE can refuse a user access to the Website and to making an Order.

 

4. PRE-CONTRACTUAL INFORMATION

4.1 In order to obtain all of the advance information for entering into a Contract with BLUNE, the Customer is invited to consult the pages of the Website, especially those relating to the Products.

4.2 In accordance with article L. 111-1 of the French Code de la Consommation, the pages relating to each of the Products accessible on the Website contain information relating to the essential characteristics of these Products, their price and their shipping time. Information relating to payment methods, as well as the conditions for the modification or cancellation of an Order, are included by these General Terms and Conditions.

4.3 BLUNE expressly reserves the right to modify the information that appears on the Website, especially concerning the description, content, availability dates and prices of the Products.

 

5. PRODUCT ORDER PROCESS

5.1 The Customer declares their acceptance of entering into a Contract in electronic form via the Website.

5.2 The order process on the Website is as follows:

(i) having consulted the pages relating to the Products and read their descriptions, the Customer selects the Product or Products of their choice, which is/are then summarized in their Basket. By consulting their Basket, the Customer is informed of the payment methods accepted by Basket and the possible shipping restrictions for the selected Products in the basket;

(ii) if the Customer is not yet logged in to their Account, they should identify themselves on the Website and, if needed, create a customer account;

(iii) the Customer provides all of the information required by the Website and necessary for the Order of the selected Products;

(iv) the Customer confirms the order of all the Products selected in their Basket;

(v) the Customer chooses a payment method and is clearly informed that by making an order they are obliged to make payment;

(vi) the Customer can then consult and confirm the details of their order and its total price, and correct any errors, before confirming their order by expressing their acceptance and proceeding at the same time to electronic payment of the sum to pay, corresponding to the Total Price;

(vii) once the valid contract has been made between the Customer and BLUNE, BLUNE will send an electronic mail to the Customer to confirm receipt and confirmation, containing the essential details of the order such as the identification of the Product or Products ordered, the means and time of shipping and the Total Price. All this information and the Basket corresponding to this Order can also be accessed by the Customer via their customer account on the Website.

5.3 Without prejudice to the exercise by the Customer and their right of withdrawal, the contract between the Customer and BLUNE is made, definitively and irrevocably, as soon as the Customer confirms their order and makes payment of the amount to pay at the time of this confirmation, and is subject to any modifications or cancellations set out in these General Terms and Conditions.

5.4 In order to process orders, BLUNE will then confirm the availability of the Products orders. In the event that one or more Products are unavailable, BLUNE can offer the Customer a modified shipping time for the Products ordered, or failing this a refund for the entire sum paid by the Customer for unavailable Products, as well as the ability to receive an alert for the future availability of the Product. The refund will by made by BLUNE within a maximum period of fourteen (14) days from the date the Customer requests a refund.

 

6. PRODUCT SHIPPING

6.1 Shipping areas

6.1.1 BLUNE can ship products around the world.

6.2 Shipping periods

6.2.1 BLUNE is committed to shipping Products in the shortest possible time and, at the latest, thirty days after the Contract is made in the case of shipping inside France.

6.2.2 Failing this, the Customer can terminate the Contract by registered mail with a request for acknowledgement of receipt, or in writing using any other durable medium, if, according to the same methods, having committed to complete shipping within a reasonable additional period, BLUNE has not kept to this period. In the event of termination, the customer will receive a refund under the conditions specified by the above article 5.4.

6.3 Shipping methods

6.3.1 Shipping is made according to the methods chosen by the Customer by Colissimo, Chronopost, a courier within the geographical area specified on the Website or by physical collection from the BLUNE showroom located at 6 rue d'Amboise, 75002 Paris, France, and allows the Customer to specify their choice of shipping method and delivery location during the Order process.

6.3.2 In the event of an error in the shipping method or delivery address, BLUNE cannot be held responsible for the impossibility of delivering the Product or Products orders.

6.4 Shipping costs

6.4.1 The Customer is responsible for shipping costs, which are specified during the Order process.

6.4.2 Shipping outside the European Union may be subject to customs charges, for which the Customer is also responsible. The Customer may also have to pay customs taxes and charges on Products delivered outside the European Union.

 

7. RIGHT OF WITHDRAWAL

7.1 Withdrawal faculty and withdrawal period

7.1.1 The Customer has the faculty to withdraw from the Contract, without giving any reason, within a maximum period of fourteen (14) days after the day when the Customer, or a third party other than transporter or designated by the Customer, has physically taken possession of the Products ordered, or the last of the Products ordered if these were part of a single Order but were shipped separately.

7.1.2 In order to comply with the withdrawal period, the Customer should communicate to BLUNE their wish to exercise their right to withdraw according to the methods specified in article 7.2 below, before the withdrawal period expires.

7.1.3 By way of derogation from the above article 7.1.1, the Customer is informed that they do not have the right to withdraw for Products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection, in accordance with article L 121-21-8 5° of the French Code de la Consommation, such as underwear, swimming costumes and cosmetic products.

7.2 Methods for exercising the right of withdrawal

7.2.1 To exercise their right of withdrawal, the Customer must:

➢ notify BLUNE of their decision to withdraw on the "returns" page of their customer account. The Customer can also use the withdrawal form accessible via this link or notify of their decision to withdraw from the Contract by means of an unambiguous declaration via mail, fax or electronic mail to the contact details that appear at the top of these General Terms and Conditions.

➢ return to BLUNE, without excessive delay and at the latest fourteen (14) days after communicating their decision to withdraw, the Product or Products subject to the Customer's withdrawal, in a brand new state and in their original packaging or other clean packaging;

➢ if they reside in mainland France, Corsica or a DOM-TOM, the prepaid Colissimo slip provided to them by BLUNE must imperatively be used, the cost of which will be shared between BLUNE and the Customer in the conditions set out by article 7.3.2 below, with the specification that BLUNE will not refund any return shipping costs paid directly by the Customer to any postal services, and that, in such an event, the Customer will in all cases be responsible for the cost of the sending of a prepaid return slip by BLUNE under the conditions set out in article 7.3.2;

➢ if they reside outside mainland France, Corsica or a DOM-TOM, they should send the Products back to the following address: Blune, 6 rue d’Amboise, 75002 Paris, France by a postal service that enables postage tracking, exclusively at their own cost.

7.2.2 the Customer can only be held responsible for Products returned if these Products have deteriorated through any handling other than that which is necessary to ensure the nature, characteristics and proper condition of these Products.

7.3 Effects of exercising the right of withdrawal

7.3.1 Exercising the right of withdrawal ends the obligation of the parties to execute the Contract.

7.3.2 In the event of retraction BLUNE will refund payments received from the Customer relating to the Products subject to the withdrawal, including shipping costs, with the exception of additional costs arising from the Customer's choice of a shipping method other than the cheapest standard shipping method recommended by BLUNE, and with a deduction of a fee of three (3) euros for the contribution to the price of the Colissimo slip prepaid by BLUNE and sent to the Customer so they can return their Products in the conditions specified in article 7.2.1 for Customers residing in mainland France, Corsica and DOM-TOMS.

7.3.3 BLUNE will proceed to this refund as soon as possible and fourteen (14) days at the latest from the day BLUNE is informed of the Customer's decision to withdraw.

7.3.4 In the event that the Products returned subject to the Withdrawal are not received, BLUNE can alter the pre-cited refund until the date the Products are received or until the Customer has provided proof of shipping for these Products, with the date of receipt of the first of these two items taken into account.

7.3.5 BLUNE will proceed to the refund, without any fees, using the same payment method as the Customer has used for the Order of the Products subject to withdrawal, unless the Customer accepts a refund in the form of a credit note.

7.3.6 Any return of damaged, dirty, washed or altered Products, or any return request or return that does not comply with this withdrawal procedure, will be refuse and BLUNE will not be held liable. In such an event, BLUNE can refuse to undertake the costs of returns as well as the refund of Products returned.

 

8. FINANCIAL TERMS AND CONDITIONS AND PAYMENT METHODS

8.1 The pages of the Website specify the price of each Product.

8.2 Prices are shown in euros, include any taxes (incl. tax) and exclude shipping costs.

8.3 Unless otherwise stipulated, price reductions and special or promotional offers featured on the Website are valid on the date of their display and cannot be combined with each other or any other price reductions or promotional offers featured occasionally by BLUNE.

8.4 In the event that a payment made by the Customer is rejected or if only partial payment of the Total Price is made by the Customer, the Contract between BLUNE and the Customer will not be valid and BLUNE will not be under any obligation, apart from refunding the partial payment received from the Customer.

 

9. GUARANTEES AND RETURNS FOR NON-COMPLIANCE AND HIDDEN DEFECTS

9.1 Legal guarantees

9.1.1 In accordance with current regulations, the consumer Customer benefits from the legal guarantee of compliance specified in articles L. 211-4 to L. 211-14 of the French Code de la Consommation. All Customers also benefit from the legal guarantee for defects of the item sold (called "hidden defects") specified in articles 1641 to 1649 of the French Code Civil.

9.1.2 The Customer is reminded that they cannot claim any guarantee if the defect results:

• from the normal wear of the Product and/or accessories;

• from abnormal use and/or poor handling;

• from improper care;

• from use or care that does not conform with the manufacturer's specifications.

9.1.3 In the event that a delivered Product does not correspond to the Customer's Order, or for any defects resulting from transport, the Customer and return it under the following conditions (with the reminder that in the event that the Customer exercises their right of withdrawal, the applicable procedure is that specified in article 7):

• The Customer must first send an email to the address shop@blune.fr within fourteen (14) days at the latest, indicating the reasons for return (non-compliance or hidden defects) as well as the order number, and specifying whether they wish to receive a refund, repair (if possible) or replacement of the Product (depending on stock availability);

• They will then be sent a return code by BLUNE as well as a confirmation by BLUNE of the chosen solution;

• Upon receipt of this return code, the Customer must return the Products in their original packaging with the visible inclusion of the return code on the packaging, within a period of fourteen (14) days after being sent the return code by BLUNE, to the following address: BLUNE, 6 rue d’Amboise, 75002 Paris, France;

• According to the procedure outlined in this article, the return costs will be undertaken by BLUNE. For Customers residing in mainland France, Corsica and DOM-TOMs, BLUNE will send the Customer a prepaid return slip; BLUNE will not refund any shipping costs paid directly by the Customer to any postal services. For Customers residing outside mainland France, Corsica and DOM-TOMs, BLUNE will refund return costs upon presentation of a receipt by the Customer of the costs paid to the postal service chosen by the Customer, with the condition that this method must provide for tracking of the package.

9.1.4 Once the returned Products have been checked, BLUNE commits to refunding the Customer as soon as possible and thirty (30) days at the latest after the date the return package is received and the Products are checked, to the bank or payment account of the Customer used for payment of the Products.

9.1.5 Any breach by the Customer, especially the return of damaged, dirty, washed or altered Products, excludes the Customer from this guarantee. Any return that does not comply with the implementation conditions of the guarantee will be refused and BLUNE will not be held liable. In such an event, BLUNE can refuse to undertake the costs of returns as well as the refund of Products returned.

 

10. RESPONSIBILITY

10.1 Lack of responsibility and guarantee relating to use of the Website

10.1.1 BLUNE can provide no guarantee for the Customer against the absence of anomalies that may affect the browsing of the Website or the implementation of any function of the Website, the unavailability of the Website, the lack of interruptions or breakdown in the functioning of the Website, or any incompatibility of the Website with a specific piece of equipment or configuration.

10.1.2 Under no circumstances will BLUNE be held responsible for direct, indirect or immaterial damage, foreseeable or unforeseeable (including the loss of profits or opportunity) arising from the provision, use or total or partial impossibility of use of the functions of the Website. Hypertext links on the Website that redirect the Customer to other Website have the sole purpose of facilitating Customer searches. In any case, the Customer declares their knowledge of the characteristics and limits of the Internet, particularly its technical performances, the response time for consulting, searching or transferring data and the risks linked to the safety of electronic communications.

10.2 Responsibility for the fulfillment of the Contract

10.2.1 The company BLUNE is responsible for the proper fulfillment of obligations resulting from the Contract made with the Customer, in the conditions specified by article L. 121-19-4 of the French Code de la Consommation.

10.2.2 Under no circumstances can BLUNE be held responsible for the lack of fulfillment or poor fulfillment of the Contract when these deficiencies are attributable to either the Customer, or an unforeseeable and insurmountable event by a third party unrelated to the provision of Products, or a case of force majeure.

 

11. COMPLAINTS

11.1 Customers with comments relating to the fulfillment of the Contract or the Products ordered must provide these, through any means allowing their receipt to be confirmed, to BLUNE within a period of thirty (3) days after the delivery of the Products.

11.2 BLUNE will make every effort to process any complaints within a period of four (4) weeks from their receipt. However, this period is only indicative and could potentially be longer depending on the complexity of the complaint.

 

12. INTELLECTUAL PROPERTY RIGHTS

12.1 The Website, its contents and all constituent elements are creations for which BLUNE holds all of the intellectual property rights or operating rights, particularly in terms of copyright, database rights and drawing and model rights.

12.2 The Website, as well as the software, databases, text, information, analyses, images, photographs, videos, graphics, logos, sounds and any other data contained within the Website remain the exclusive property of BLUNE or, when appropriate, their respective owners with whom BLUNE has usage or operating agreements.

12.3 The Customer has the non-exclusive and non-transferable usage rights, in a strictly private and personal capacity, of the Website and data contained within the Website.  This right consists of (i) the right to consult data and information contained within the Website online and (ii) reproduction rights consisting of printing or saving the consulted data and information. These usage rights solely cover strictly private use.

12.4 Any other use of the Website, especially commercial, by the Customer is prohibited. In particular, the Customer is prohibited from reproducing or re-presenting for anything other than private use, selling, distributing, broadcasting, translating, adapting, disseminating and communicating the entirety or part of all elements, information or data on the Website, in any form.

12.5 In addition, the Customer is prohibited from introducing, through any means, data that could modify or harm the content or presentation of the Website.

12.6 All hypertext links that direct to the Website, whatever the type of link, must be previously authorized by BLUNE on paper or electronic media.

12.7 These General Terms and Conditions do not transfer intellectual property rights to the Customer.

 

13. PERSONAL DATA PROTECTION POLICY

13.1 BLUNE is committed to complying with the clauses of law n°78-17 of 6 January 1978 pertaining to information technology, databases and civil liberties in relation to the collection, processing and transfer of personal data concerning its Customers ("Data").

13.2 In order to execute the General Terms and Conditions and contracts with its Customers, BLUNE has implemented the automated processing of Data regarding Customers and potential customers, which has been previously been declared to the French Commission Nationale Informatique et Libertés or National Commission of Information Technology and Civil Liberties (CNIL).

13.3 BLUNE is responsible for this Data processing in accordance with law n°78-17 of 6 January 1978 pertaining to information technology, databases and civil liberties.

13.4 The Customer expressly consents to the automated collection and processing of Data by BLUNE gathered via the Website.

13.5 The Data processed includes (i) that relating to the identity of the Customer (marital status, surname, first names, address, telephone number (landline and mobile) fax number, electronic mail addresses, place and date of birth, nationality), as well as any other data the Customer agrees to provide so that more can be known about them; (ii) data relating to payment methods, particularly bank or postal references of Customers and their bank card numbers; (iii) data relating to Orders; (iv) Data relating to the maintenance of sales relations, particularly correspondence, exchanges by electronic mail or the Website, background information on access, use and the modification of information in customer accounts; (v) data relating to the payment of bills; (vi) data relating to the selection of Customers to create loyalty, market research and promotional programs; (vii) technical data, such as the IP address of the internet connection point from which Customers log in to the Website, as well as information stored in the terminal of Customers which, in particular, facilitates electronic communication with Customers by recognizing them during their successive visits to the Website ("Cookies").

13.6 The purposes of the processing of Data are (i) communication with Customers; (ii) operations relating to Customer management (particularly Contracts, Orders, billing and customer relations); (iii) operations relating to market research; (iv) the promotion of BLUNE and B products; (v) the formulation of sales statistics.

13.7 The communication of Data by Customers is optional, except the personal Data essential to the fulfillment of the General Terms and Conditions and order contracts, identified at compulsory by the presence of an asterisk next to the relevant fields on the Website formulas. It is specified that the failure to communicate compulsory Data could make it impossible to fulfill the General Terms and Conditions and order contracts.

13.8 The recipients of Data within BLUNE are the departments in charge of communication, Customer relations maintenance and Order processing, and more generally directors, those in the marketing department, the sales department, administrative departments, information technology departments and their hierarchical managers. Data may also be communicated to service providers and suppliers of BLUNE with the sole aim of managing and processing Orders.

13.9 In accordance with article 34 of the aforementioned law, BLUNE is committed to taking all necessary precautions in order to preserve the security of Data and particularly to prohibit them from being distorted, damaged or communicated to unauthorized persons.

13.10 BLUNE is committed to processing personal Data in France without transferring any personal Data abroad.

13.11 The length of time BLUNE stores personal Data is five (5) years from the end of the contractual relationship with the Customer, except (i) for Customer data used for market research which is stored for a duration of three (3) years; (ii) for data relating to Customer bank cards which is stored for a maximum duration of fifteen (15) months once the transaction has been completed, or in other words as soon as the payment is in effect. After this period, the data is deleted or made anonymous.

13.12 Nevertheless, if personal Data allows the proof of a right or contract to be established or if it is stored in compliance with a legal storage obligation or upon request from a legal authority, this personal Data will be stored for the duration set out in the currently applicable legal and regulatory clauses, with the specification than this duration can exceed three (3) years.

13.13 In accordance with law n°78-17 of 6 January 1978 pertaining to information technology, databases and civil liberties, the Customer has the right to refuse, for legitimate reasons, any personal Data pertaining them to be processed.

13.14 Upon proof of their identity, the Customer has the right to question BLUNE in order to obtain: 1. confirmation that Data pertaining to them has or has not been processed; 2. information relating to the purposes of this processing, the categories of Data processed and the recipients or categories of recipients to whom the Data is communicated; 3. if needed, information relating to the transfer of Data destined for a non-European Union member state; 4. the communication, in an accessible form, of Data pertaining to them as well as any available information on the source of this; 5. information enabling the understanding or contestation of the reason behind automated processing in the event of any decision taken on the basis of this and leading to any legal impact on the interested party.

13.15 A copy of the Data will be provided to the interested party upon their request. BLUNE can refuse any clearly abusive requests, especially due to their number and repetitive or systematic nature.

13.16 Upon proof of their identity, the Customer can ask BLUNE to, depending on the circumstances, rectify, complete, update, lock or delete Data pertaining to them that is inaccurate, incomplete, erroneous, out of date, or whose collection, use, communication or storage may be prohibited.

13.17 The Customer can exercise these rights by sending a simple email to BLUNE to the following address: shop@blune.fr.

 

14. COOKIES

14.1 The Customer is informed that "Cookies" are implanted into their computer during their use of the Website. Cookies are small information technology files that store information whose purpose is to facilitate browsing on the Website and measure the audience of the Website.

14.2 By choosing to browse the Website, the Customer consents to the use of these Cookies. The Customer can nevertheless deactivate all or part of these Cookies at any time, with the exception of Cookies strictly necessary to browsing.

14.3 The Cookies used by BLUNE have the following purposes and are used in the conditions specified hereafter.

14.4 Cookies strictly necessary to browsing

14.4.1 These Cookies are essential for navigating the different pages of the Website or permitting the Customer to log into their customer account

14.4.2 They are only stored in the terminal of the Customer during the period of their visit to the Website. The information collected is not identifying data and is deleted as soon as the Customer closes their computer.

14.4.3 These cookies cannot be deactivated

14.5 Session and performance Cookies

14.5.1 These Cookies aim to improve the function of the Website. They enable the detection of technical problems that could be encountered by the Customer during their browsing. The data collected relates only to the Customer's browsing of the Website and are not directly identifying.

14.5.2 These performance Cookies use HTTP technology.

14.5.3 The Customer can set their browser to refuse the use of Cookies or to delete them after their visit to the Website.

14.5.4 Nevertheless, deactivating all Cookies will prohibit the Customer from using the Website in normal circumstances, with the exception of functions strictly necessary to browsing.

14.5.5 The information collected by these Cookies is stored for a maximum duration of 13 months, unless deleted by the Customer from their browser.

14.6 Audience measurement Cookies (Analytics)

14.6.1 These Cookies enable BLUNE to establish audience and Website viewing statistics. The data collected relates only to the Customer's browsing of the Website and are not directly identifying.

14.6.2 The information collected by these Cookies is stored for a maximum duration of 13 months, unless deleted by the Customer from their browser.

14.6.3 These Cookies are supplied by Google Analytics.

14.6.4 If the Customer does not wish their browsing data to be collected or stored by these Cookies, they can install the module available at the following page: https://tools.google.com/dlpage/gaoptout?hl=fr.

 

15. FORCE MAJEURE

15.1 None of the Parties will be considered as having neglected their contractual obligations in the event that the lack of fulfillment results from a case of force majeure such as that defined by tribunals, including in the event of a strike, war, attack, riot, revolution, nuclear catastrophe, climatic or natural events such as cyclones, earthquakes, tsunamis and tornadoes. Moreover, force majeure will only liberate the Party invoking it of their contractual obligations if and when they are stopped from fulfilling their contractual obligations.

15.2 The Party affected by a case of force majeure will immediately advise the other Party of this by telephone and email. In the absence of receipt confirmation of this email sent by the other Party within forty-eight (48) hours, the Party affected by the case of force majeure will notify the other Party by recorded post with a receipt confirmation request, by producing all useful justifications. The other Party reserves the right to verify and check the reality of these events.

15.3 The Party that invokes a case of force majeure will do everything possible to best reduce the harmful effects for the other Party arising from this situation.

15.4 Each Party will undertake any costs incumbent upon them and resulting from the occurrence of a case of force majeure.

15.5 In the event that the occurrence caused by a case of force majeure is prolonged for more than thirty consecutive days, the Parties will enter into discussions with a view to adopt adequate measures depending on the circumstances.

15.6 If the Parties cannot reach an agreement, the Party whom the case of force majeure has disadvantaged can immediately and legitimately terminate all or part of the contract.

 

16. GENERAL STIPULATIONS

16.1 Agreement as to proof: the Parties agree that they can exchange, by electronic means, the information necessary to the fulfillment of these General Terms and Conditions and Order and Product Contracts. Any electronic communication between the Parties is presumed to have the same probative force as that written on paper media.

16.2 Tolerances: if one of the Parties does not invoke the failure of the other Party to comply with any of the obligations of the General Terms and Conditions, this will not be interpreted as a renunciation of the obligation in question.

16.3 Partial nullity: in the event of the nullity of a principal stipulation of the General Terms and Conditions or if this stipulation was known not exist in writing, entirely or partially, in application of a law or regulation or following a definitive legal decision, the other stipulations will remain applicable and will retain their full obligatory force between the Parties.

 

17. APPLICABLE LAW

These General Terms and Conditions and Contracts are governed by French law.

 

18. MEDIATOR OF CONSUMER DISPUTES

18.1 In accordance with the procedure of articles L152-1 and following the French Code de la Consommation, in the event of disagreement with BLUNE and after having attempted to resolve this dispute amicably with BLUNE, the Customer can take the dispute before a consumer mediator on the site of dispute resolution between consumers and e-traders of the European Commission.

 

19. ATTRIBUTION OF JURISDICTIONAL COMPETENCE

FAILING THE ACHIEVEMENT OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, ANY DISPUTE RELATING TO THE FORMATION OR FULFILMENT OF CONTRACTS WILL BE TAKEN BEFORE ONE OF THE TERRITORIALLY COMPETENT JURISDICTIONS IN ACCORDANCE WITH THE FRENCH CODE OF CIVIL PROCEDURE OR NATIONAL LAW OF THE CUSTOMER. MOREOVER, THE CUSTOMER CONSUMER CAN APPROACH THE JURISDICTION OF THE PLACE THEY LIVED AT THE TIME OF THE CONCLUSION OF THE CONTRACT OR THE OCCURRENCE OF A HARMFUL EVENT.

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