GENERAL TERMS AND CONDITIONS FOR ONLINE SALES TO CONSUMERS OF THE BLUE-SCHOONER.COM WEBSITE

 

 

Liminary on the sale of alcohol

Some products sold on this site contain alcohol.

In accordance with article L.3342-1 of the French Public Health Code, the sale of alcohol to minors is prohibited. Any person placing an order therefore undertakes to have the legal capacity and age required (18 years or over) at the date of the order.

Drinking alcoholic beverages during pregnancy, even in small quantities, can have serious consequences for the child’s health.

Alcohol abuse is dangerous for your health, and should be consumed in moderation.

 

1. SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter ” GTC “) apply, without restriction or reservation, to all sales of products (hereinafter the ” Products “) by BSC BLUE SCHOONER COMPANY, SAS registered with the RCS of GRENOBLE under number 833857287, whose registered office is located at 80, Ty Korn – 29870 LANDEDA (hereinafter the “Company”). Sales “), to consumers and non-professional buyers (the ” Customer(s) “) on the blue-schooner.com website (the ” Website “).

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These GTC apply to the exclusion of all other conditions; they are accessible at all times on the Site and will prevail, if necessary, over any other version or any other contradictory document.

The Customer is clearly informed and acknowledges that the Site is intended for consumers and non-professional buyers and that professionals must contact the Seller’s sales department in order to benefit from separate contractual conditions.

As these GTC may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the Site on the date the order is placed.

2. PRODUCTS FOR SALE

The Products offered for sale on the Site are mainly food products (delicatessen, alcoholic and non-alcoholic beverages and accessories).

The detailed description of each Product is presented on the Site, in accordance with article L 111-1 of the French Consumer Code, which allows the Customer to know the essential characteristics of the Products he/she wishes to purchase before placing a final order. These elements appear on the Product sheets on the Site and contain, in particular, the description, allergens, advice on storage and use, and the price. The Customer undertakes to read this information carefully before placing an order on the Site. The Customer must find out about any food allergies or intolerances before ordering a Product on the Site. The choice and purchase of a Product is the sole responsibility of the Customer.

All orders placed on the Site are intended solely for the personal use of Customers. Customers or recipients of Products are prohibited from reselling all or part of the Products ordered. Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.

 

 

3. ORDERS

3.1 GENERAL INFORMATION

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Site. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale. Products are offered for sale in mainland France, Corsica, Belgium, Switzerland and Monaco.

3.2 PLACING AN ORDER

Prior to placing an order, the Customer must complete an order form specifying certain mandatory fields (e-mail address, surname, first name, telephone number, password if required, delivery address and billing address) so that the order can be processed by the Vendor. Thereafter and for all new orders, the Customer will identify himself using his e-mail address (login) and password, which he will be responsible for keeping confidential.

The information provided by the Customer when opening a customer account or when placing an order must be complete, accurate and up-to-date. The customer can check the details of his order, its total price and correct any errors before confirming his acceptance. It is the customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.

The sale is final only after the Vendor has sent the Customer confirmation, in French, of acceptance of the order by e-mail, without delay, and after receipt of the agreed price under the conditions of article 5 below.

Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the Site, constitutes the formation of a contract concluded at a distance between the Customer and the Vendor. For its part, the Vendor will send the customer an e-mail informing him/her of the order confirmation, followed by the invoice when the Product is dispatched. The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, or in the event of orders for the same Product in abnormal quantities.

3.3 ORDER MODIFICATION AND CANCELLATION

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified. Nor can it be cancelled, except in cases of force majeure or when the right of withdrawal is exercised, under the conditions set out in article 8 below.

In the event of unavailability of the Product ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order. He will be reimbursed for the sums collected (within 30 days of the order cancellation date). In the event that the Customer wishes to replace an ordered but unavailable Product with another Product in lieu of a refund, the Customer shall contact customer service at orders@blue-schooner.com . If this is not possible, the Vendor reserves the right to cancel the Customer’s order and refund the sums paid.

In the event that any pricing information mentioned on the Site is manifestly incorrect and this error is known or, due to the obvious nature of the error, should have been known by the Customer, the Vendor will contact the Customer to allow the Customer to acquire the Product at the correct price or to proceed with the cancellation of the order, without any additional costs or compensation due by the Vendor, other than the reimbursement of the price paid by the Customer for the Product ordered concerned. The Vendor will not process the order until it has received the Customer’s instructions. If the Vendor is unable to contact the Customer using the contact details provided by the Customer during the order process, the Vendor will consider the order cancelled and will inform the Customer in writing.

4. RATES

Products are supplied at the current price listed on the Site when the order is placed by the Vendor. Prices are expressed in Euros, inclusive of VAT at the rate applicable in France on the day the order is validated.

These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Vendor reserving the right, outside this period of validity, to modify prices at any time.

They do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed. If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the order is validated by the Customer, are entirely at the Customer’s expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is drawn up by the Vendor and sent to the Customer by email when the Products ordered are dispatched.

5. TERMS OF PAYMENT

5.1 GENERAL INFORMATION

The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions:

• by credit card: Visa, MasterCard, Carte Bancaire and American Express (see 5.2 below);
• via a Paypal account (see 5.3 below) ;
• by bank transfer (see 5.4 below) ;

Payments made by the Customer will not be considered final until the Seller has received the sums due. In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out below, to suspend or cancel the delivery of current orders placed by the Customer. The Customer shall not be charged any additional costs in excess of those incurred by the Vendor for the use of a means of payment.

5.2 The Seller has selected [Stripe for woocommerce, stripe.coms] to provide online payment services. The Seller warrants to the Customer that :

• the Vendor does not have access to the Customer’s bank details, which remain entirely secure with the payment service providers, who only have access to them for the purposes of the payment requests concerned,
• no banking information transits or is collected on the Site.

5.3 In the case of payment via a PayPal account, the Customer is entirely responsible for defining the nature and purpose of his or her contractual relationship with PayPal. If you have any questions about the use of your account, please read the PayPal terms of use. The Seller shall not be held liable for any dispute between the Customer and the PayPal online payment service. When the Customer validates the “PayPal account” payment method, he/she is automatically redirected to the PayPal payment platform. They must then enter their login details, check the transaction information (seller and amount) and finalize their payment. A confirmation of payment is then sent to the Customer, on the one hand, from his PayPal account and, on the other hand, within his customer area on the site.

5.4 In the case of payment by bank transfer, the Customer will transfer the exact amount indicated on the order to the account whose IBAN is provided upon validation of the order. Payment will only be considered definitive once the exact amount has been received by the bank account indicated.

6. DELIVERY/DELIVERY

6.1 Delivery times are indicated as accurately as possible but are subject to the Seller’s supply and transport possibilities. In the event of late delivery, the Customer may invoke the provisions of article L.216-6 of the French Consumer Code. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

6.2 Delivery constitutes the transfer to the Customer of physical possession or control of the Product.

6.3 As the Seller is responsible for transport, it assumes the transport risks and is obliged to reimburse the Customer in the event of damage caused during transport. Alternatively, if the Customer so wishes, the Seller will deliver a new Product as soon as possible. Deliveries are made to the address given by the Customer at the time of ordering, and to which the carrier has easy access.

6.4 The Customer is responsible for the information provided at the time of registration and order. The Vendor cannot be held responsible for any input errors that may cause delivery errors or delays. If the delivery address proves to be incorrect or if the Customer decides to change the delivery address after the Products have been dispatched by the Seller, the costs of the new delivery will be borne by the Customer.

6.5 Delivery times are deemed to have been respected by the Vendor when the first presentation of the order at the address indicated by the Customer has taken place within the delivery time indicated to the latter. Deliveries cannot be considered feasible at weekends or on public holidays. The carrier will not carry out any handling operations (e.g. delivery to upper floors, etc.).

6.6 In any event, the Customer must check the condition of the packaging and the Products upon delivery. It is the customer’s responsibility to make any reservations or claims he/she deems necessary, or even to refuse the parcel, particularly if the parcel is obviously damaged on delivery and before it is opened. The said reservations and detailed complaints must be indicated to the deliverer and in parallel addressed to the carrier by registered letter with acknowledgement of receipt within three working days following the date of delivery of the Products. The Customer must also send a copy of this letter to the Vendor. Failure to lodge a claim within the aforementioned time limits extinguishes any action against the carrier in accordance with the legal provisions.

6.7 If the parcel is in good condition, but upon opening, the Product is damaged or does not conform in nature or quality to the specifications mentioned on the order form, the Customer must contact the Vendor’s customer service department by email at orders@blue-schooner.com. The Seller will acknowledge receipt of any claim as soon as possible and will seek to resolve it wherever commercially possible. In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or reimburse the Customer, as indicated in the “Liability – Warranty” article.

6.8 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 Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

7. TRANSFER OF OWNERSHIP – TRANSFER OF RISK

The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products. Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products.

8. RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal which may be exercised within a period of fourteen calendar days following the date of receipt or collection of the order (this day is not counted in the period, which begins the following day) to return it to the Vendor, for exchange or reimbursement, without penalty, with the exception of shipping costs. In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part. If this withdrawal period normally expires on a Saturday, Sunday or public holiday, it is extended to the next working day (article L.221-19 of the French Consumer Code).

It is however specified that under the terms of 4°, 5°, 6° and 7° of article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts “for the supply of goods likely to deteriorate or expire rapidly”, “for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection”, “the supply of goods which, after delivery and by their nature, are indissociably mixed with other articles” and “the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional”.

Customers wishing to exercise their right of withdrawal, where this can be exercised, must return the Products within the aforementioned period, in their original packaging or, failing that, repackaged at the Customer’s expense with the same level of protection as when the Product was delivered, complete and new, notifying customer services at orders@blue-schooner.com.

In the event of shortages, non-return of accessories or damaged Products, the Customer must reimburse the Vendor for the corresponding proportion of the sale price. When the customer exercises his right of withdrawal, he is responsible for the cost of returning the goods. The Customer may either return the Product by his own means to the following address: BLUE SCHOONER COMPANY, 80 Ty Korn – 29870 LANDEDA – France or request that the Vendor organize the return in return for the Customer’s prior payment of a sum fixed according to the Product. Except in this case, the Vendor may defer reimbursement until recovery of the Product or until the Customer has provided proof of shipment of the Product attesting to its condition, whichever comes first.

If the Customer decides to return the Products, in the case of Products that cannot be returned by post due to their size, weight and respect for the cold chain for fresh products, the Customer will be able to find an estimate of the return costs by visiting the Chronopost company website. at this address.

This estimate of return costs is not binding on the Seller. The price to be paid for the return of the Product may vary according to the carrier chosen by the Customer, the type of Product (size, weight, compliance with the cold chain) and the distance to be covered by the carrier to carry out its transport service.

In accordance with article L. 221-23 of the French Consumer Code, the Customer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. The return of Products damaged, soiled or unfit for resale by the Vendor will thus deprive the Customer of his right to reimbursement.

 

9. LIABILITY – WARRANTY

The Products sold on the Site comply with the regulations in force in France.

Food Products marketed by the Vendor must be stored after delivery under the conditions indicated on the packaging or in the leaflet enclosed with their shipment, and consumed within the period indicated. The Vendor may not be held liable in the event of failure to comply with these instructions, and in particular in the event of the natural expiry of the Products sold or their poor conservation.

The Seller is subject to the following legal warranty conditions (i) conformity as mentioned in articles L.217-3 to L.217-17 of the French Consumer Code and (ii) relating to defects in the item sold, in accordance with articles 1641 to 1648 and 2232 of the French Civil Code.

REMINDER OF LEGAL GUARANTEES

GUARANTEE OF CONFORMITY

Article L.217-3 of the French Consumer Code

The seller delivers a property that conforms to the contract and to the criteria set out in article L. 217-5.

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity.

Article L.217-4 of the French Consumer Code

The good conforms to the contract if it meets the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic specified in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5 of the French Consumer Code

I.-In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.-However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III -The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

Extract from article L.217-7 of the French Consumer Code

Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

Article L.217-8 of the French Consumer Code

In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L.217-9 of the French Consumer Code

The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.

Article L.217-10 of the French Consumer Code

The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer’s request and without any major inconvenience to the consumer, taking into account the nature of the goods and their intended use.

Repair or replacement of non-conforming goods includes, where applicable, removal and return of the goods and installation of the repaired or replacement goods by the seller.

A decree specifies the terms and conditions for bringing the property into compliance.

Article L.217-11 of the French Consumer Code

The goods are brought into conformity at no cost to the consumer.

The consumer is not obliged to pay for the normal use made of the replaced good during the period prior to its replacement.

Article L.217-12 of the French Consumer Code

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs in view of: 1° the value the goods would have had in the absence of the lack of conformity; 2° the significance of the lack of conformity; and 3° the possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°. If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code. Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L217.13 of the French Consumer Code

Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty. If the consumer chooses to have the product repaired, but this is not carried out by the seller, the consumer is entitled to a new legal warranty period for the replaced product. This provision applies from the day the replacement goods are delivered to the consumer.

Article L.217-14 of the French Consumer Code

The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases: 1° If the trader refuses to bring the goods into conformity; 2° If the goods are brought into conformity after a period of thirty days following the consumer’s request, or if this causes him a major inconvenience; 3° If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods or the related costs; 4° If the non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L.217-15 of the French Consumer Code

In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity.

Extracts from Article L.217-16 of the French Consumer Code

In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract.

If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods.

Article L.217-17 of the French Consumer Code

The reimbursement to the consumer of the sums owed by the seller under this sub-section shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within the following fourteen days.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the latter expressly agrees otherwise and in any event at no additional cost.

LEGAL WARRANTY AGAINST HIDDEN DEFECTS

Article 1641 of the French Civil Code

The Vendor is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

10. PROTECTION AND MANAGEMENT OF PERSONAL DATA

10.1Data collected during and after the placing of orders is processed electronically.

10.2Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, and the RGPD (General Data Protection Regulation) that came into force on May 25, 2018, it is reminded that the personal data requested from the Customer (mainly his/her surname, first name, postal address and e-mail) are necessary for the processing of his/her order and the preparation of invoices, in particular. If these mandatory fields are not filled in, the Seller will not be able to respond to Customer requests. This data may be communicated to any of the Vendor’s partners responsible for executing, processing, managing and paying for orders. This data is also processed for the purposes of :

• manage registration for the Vendor’s newsletter (subscription and unsubscription),
• to produce anonymous statistics on Site traffic,
• allow access to certain Site functionalities,
• subject to the Customer’s prior consent, in order to communicate information relating to the Vendor and its business, products and/or services and commercial prospecting messages,
• subject to the customer’s prior consent, surveys and polls.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. The processing of information communicated via the Site complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

10.3 Customers have the right to access, rectify, oppose, delete and port all their personal data at any time.

10.4 To exercise these rights, the Customer may either send an e-mail to info@blue-schooner.com, or send a letter to the address: BLUE SCHOONER COMPANY, 80 Ty Korn – 29870 LANDEDA – France, indicating his surname, first name, e-mail, address and if possible his customer reference. In accordance with current regulations, the customer’s request must be signed and accompanied by a photocopy of an identity document bearing the customer’s signature, and must specify the address to which the reply is to be sent.

10.5 Orders are archived on a reliable and durable medium. The data recorded by the Vendor constitutes proof of the nature, content and date of the order. The Customer acknowledges its admissibility as evidence in any dispute arising from a breach of the present contract by one of the parties.

10.6 The Customer is informed that the Site uses cookie technology to improve navigation and the experience of Site users. Visitors may decide to accept or refuse cookies when browsing the Site. To this end, the Vendor displays a banner on the Site inviting visitors to accept cookies. As long as the visitor has not given his/her consent to the collection of cookies, no cookies may be deposited on his/her terminal, with the exception of cookies exempted from the collection of consent insofar as they are strictly necessary for the provision of a service expressly requested by the user. Information on how to deactivate cookies depending on the software used can be found on the CNIL website www.cnil.fr(https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-maitriser-votre-navigateur).

11. SPECIFIC RISKS RELATED TO COMPUTER NETWORKS

The Customer declares that he is aware of and accepts the specific characteristics of computer and telecommunications networks. In particular, the Vendor may not be held liable in the following cases, without this list being exhaustive:

• network interruptions, delays or delays in the transmission of electronic messages or any other data;
• hardware or software failures ;
• malicious acts, data theft, computer viruses, inadequate protection and backup measures ;
• operating errors, misuse of hardware and software;
• loss of data and/or transactions, business interruptions or other losses of a pecuniary nature resulting therefrom;
• problems related to the content of Internet sites, e-mails and any information transmitted via the networks ;
• misuse or abuse of data, text, images or information ;
• all cases of force majeure, unforeseeable events or any other causes beyond the deliberate control of the Vendor.

12. INTELLECTUAL PROPERTY

The entire content of the Site is subject to French, European and international legislation on copyright and intellectual property.

All rights of reproduction and representation relating to the Site and its content are reserved by the Vendor, including all graphic, iconographic and photographic representations, whatever the territory of protection and whether or not these rights have been registered.

The reproduction and/or representation of all or part of the Site, whatever the medium, including all trade names, brands, logos, domain names and other distinctive signs, is formally prohibited and would constitute an infringement sanctioned by the Intellectual Property Code and/or would engage the responsibility of its author on the basis of article 1240 of the Civil Code.

The trademarks “Blue Schooner Company”, “Comptoirs de Misaine” “100% voile” “Gallant”, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and/or their packaging, whether registered or not, are and shall remain the exclusive property of the Seller.

The same applies to the aesthetic aspect of the Products, which is protected by copyright and design rights.

No hypertext link to the Site is permitted without the express prior consent of the Vendor.

13. FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, is due to force majeure as defined in article 1218 of the French Civil Code.

14. APPLICABLE LAW – LANGUAGE – DISPUTES

The language of this contract is French. This contract is governed by French law. In the event of a dispute, Customers should first contact the Seller’s customer service department by e-mail at orders@blue-schooner.com, or send a letter to: BLUE SCHOONER COMPANY, 80 Ty Korn – 29870 LANDEDA – France.

In the event of failure to lodge a complaint with the customer service department, or in the absence of a response from this department within 30 days, the Customer may submit the dispute with the Vendor to a mediator free of charge.

He will then contact [organisme en cours de désignation].

The parties to the dispute remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

 

APPENDIX RETRACTION FORM

 

Please complete and return this form only if you wish to withdraw from the contract.

 

To the attention of :

BLUE SCHOONER COMPANY

80 Ty Korn

29870 LANDEDA (France)

 

orders@blue-schooner.com

 

I hereby notify you of my withdrawal from the contract for the sale of the following item:

 

Ordered on(*) / received on(*) …………………

 

Name of consumer(s): ……………………………………

 

Address of consumer(s): …………………………………………………………….

 

Signature of consumer(s) (only in the case of notification of this form on paper) :

 

Date: ………………………………………….

 

(*) Delete as appropriate.