Terms and conditions of sale
1. APPLICATION
1.1 These general terms and conditions of sale apply, without restriction or reservation, to all sales concluded by BLI-DBP with non-professional purchasers wishing to acquire the products offered for sale by BLI-DBP on the www.kojima-jfrey.fr website, namely the eyeglasses produced in collaboration between Kojima Productions and J.F. REY.
1.2 These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
1.3 These general conditions of sale are accessible at any time on this Website and will prevail, where applicable, over any other version or any other contradictory document.
1.4 Except contrary proof, the data recorded by BLI-DBP constitute the proof of the whole of the transactions.
1.5 Product offers are subject to the limit of available stocks. Information on product availability is provided at the time of ordering.
1.6 The modifications of these general conditions of sale are opposable to the users of the Internet site as of their putting on line and cannot apply to the transactions concluded previously.
1.7 The validation of the order by the purchaser implies unreserved acceptance of these general conditions of sale.
2. ORDERS
2.1 It is the buyer’s responsibility to place the order on the Website as follows:
- Fill out, according to the instructions provided, the form relating to the information necessary for his identification (in particular, name, first name, postal address, telephone number, e-mail);
- Select the products he wishes to order;
- Confirm definitively the order by clicking to show its commitment and acceptance of the order, a summary of which is displayed on the screen and the general conditions of sale.
2.2 The sale will be considered as final after the sending to the buyer of the confirmation of the acceptance of the order by BLI-DBP by e-mail and after collection by BLI-DBP of the totality of the price.
2.3 BLI-DBP reserves the right to refuse to carry out a delivery or to honor an order emanating from a purchaser with whom a litigation of payment is in progress or potential.
2.4 In case of unavailability of a product after placing the order, BLI-DBP will inform the buyer by e-mail. The order will be automatically canceled and the buyer will be refunded in the event of prior payment on his part.
3. RATES
3.1 The products are supplied at the current prices appearing on the site, when the order is registered by the buyer. The prices are expressed in Euros including all taxes.
3.2 These prices are firm and cannot be revised during their period of validity, as indicated on the BLI-DBP Website.
3.3 An invoice is established by BLI-DBP and given to the purchaser at the time of the delivery of the ordered products.
4. TERMS OF PAYMENT
4.1 The price is payable in cash, in full (including any related delivery costs) on the day the order is placed by the buyer, by secure payment by credit card.
4.2 BLI-DBP will not be held to proceed to the delivery of the products ordered by the purchaser if this one does not pay him the price in totality under the conditions indicated above.
4.3 Payments by credit card are debited at the time of the order.
In case of refusal of authorization of payment on behalf of the officially accredited organizations or in case of nonpayment, or fraud BLI-DBP reserves the right to suspend any management of order and any delivery and to pursue the author(s).
4.4 The payments made by the purchaser will be considered as final only after effective collection of the sums due by BLI-DBP.
5. DELIVERY
5.1 The products acquired by the buyer will be delivered within the indicative timeframe and to the address indicated by the buyer when ordering on the Website. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
5.2 Deliveries are made by an independent carrier.
5.3 The indicative delivery times for the products ordered are given for information only and any overrun may not give rise to any damage and interest, retention or cancellation of the order by the buyer. In the event that BLI-DBP is unavailable to deliver within the time limits indicated, the buyer will be offered a replacement product at a price equivalent to his purchase or a full refund of his purchase.
5.4 Delivery is deemed to have taken place as soon as BLI-DBP has handed over the ordered products to the carrier.
5.5 In the event of a specific request from the purchaser concerning the packaging or transport conditions of the products ordered, duly accepted in writing by BLI-DBP, the related costs will be subject to specific additional invoicing, previously accepted in writing by the purchaser.
5.6 The buyer is required to check the condition of the products delivered. The customer has a period of one working day from delivery to express any reservations or claims for non-conformity or apparent defects of the products delivered, by registered mail, with all supporting documents.
After this period and failing to comply with these formalities, the products will be deemed to be in conformity and free from any apparent defect and no claim will be validly accepted by BLI-DBP.
5.7 BLI-DBP will replace as soon as possible and at its expense, the delivered products whose apparent defects or the defects of conformity will have been duly proved by the Buyer.
6. TRANSFER OF OWNERSHIP – TRANSFER OF RISK
6.1 The transfer of ownership of BLI-DBP’s products to the purchaser will only take place after full payment of the price by the latter, regardless of the delivery date of said products.
7. RIGHT OF WITHDRAWAL
7.1 The buyer has, in accordance with the provisions of article L 121-20 of the French Consumer Code, a withdrawal period of 14 working days from the delivery of the products to return them to BLI-DBP for exchange or reimbursement, provided that the products are returned in their original packaging, in perfect condition, and accompanied by any accessories. Damaged, soiled or incomplete items are not taken back.
7.2 In the event of a return, the transport costs of the first return will be borne by BLI-DBP for a first return, and will be borne by the customer for subsequent returns.
7.3 The return of the products must be accompanied by the return slip and the invoice.
7.4 The exchange (subject to availability) or the refund will be carried out within 15 days as from the reception, by BLI-DBP, of the articles turned over by the purchaser.
8. LIABILITY OF BLI-DBP – WARRANTY
8.1 The products supplied by BLI-DBP benefit, in accordance with legal provisions :
– the legal guarantee of conformity,
– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
8.2 Any guarantee is excluded in the event of:
– bad use,
– negligence,
– lack of maintenance on the part of the buyer,
– normal wear and tear of the property,
– accident,
– force majeure.
8.3 BLI-DBP’s warranty is limited to the replacement or reimbursement of non-conforming or defective products.
8.4 In order to assert his rights, the purchaser shall, under penalty of forfeiture of any action relating thereto, inform BLI-DBP, in writing, of the existence of the defects within a maximum period of 10 days from their discovery or from the day on which the purchaser should have discovered them.
8.5 BLI-DBP shall replace or have repaired any products under warranty found to be defective.
8.6 The products sold on the Website comply with the regulations in force in France. BLI-DBP cannot be held responsible in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the buyer’s responsibility to check.
8.7 The photographs and illustrations accompanying the products on the Internet Site do not have any contractual value and cannot engage the responsibility of BLI-DBP.
8.8 The buyer is solely responsible for the choice of products, their conservation and their use.
8.9 BLI-DBP shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French case law.
9. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
9.1 In application of the French law 78-17 of January 6, 1978, it is reminded that the nominative data requested from the purchaser is necessary in particular for the processing of his/her order and the preparation of invoices.
9.2 The buyer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
10. INTELLECTUAL PROPERTY
10.1 The content of the website is the property of BLI-DBP and its partners and is protected by French and international intellectual property laws.
10.2 Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
10.3 BLI-DBP remains the owner of all the intellectual property rights on the trademarks, studies, drawings, models, prototypes, etc., relating to the products sold on the Website. The purchaser shall therefore refrain from any total or partial reproduction or exploitation of the said trademarks, studies, drawings, models, prototypes, etc., without the express, written and prior authorization of BLI-DBP, which may be conditional upon financial consideration.
11. PARTIAL NULLITY
In the event of total or partial nullity, or unenforceability of a clause of the general conditions of sale, the other stipulations will continue to produce their effects.
12. FORCE MAJEURE
The performance by BLI-DBP of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the performance thereof. The various cases recognized by French case law are considered as such.
13. APPLICABLE LAW – LANGUAGE
13.1 By express agreement between the parties, these general conditions and the sales resulting therefrom are governed and subject to French law.
13.2 These general conditions are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
14. DISPUTES
All disputes to which these general conditions of sale or the contracts resulting therefrom, could give rise, concerning their validity, their interpretation, their execution, their termination, will be submitted to the competent courts under the conditions of common law.
15. BUYER’S ACCEPTANCE
The fact that a natural person (or legal entity) places an order on the Internet Site implies full acceptance of these general terms and conditions of sale, which is expressly recognized by the purchaser, who notably waives the right to take advantage of any contradictory document, which would be unenforceable against BLI-DBP.
16. CONTACTS
16.1 BLI-DBP is a SAS with a capital of 1,000,000 euros, whose registered office is located at :
74, Route des Camoins, Chemin de Saint-Menet aux Accates – 13011 Marseille, France
Registered in the Marseille Trade and Companies Register under number 392 127 635, whose individual identification number is FR 91 392 127 635.
16.2 Telephone details: +33 (0) 4 91 29 62 30 (Monday-Friday 10 a.m.-1 p.m. and 2 p.m.-4.30 p.m.) (non-surcharged number, price of a local call)
e-mail: contact@kojima-jfrey.com