Last update date: 17/10/2023
Article 1 - LEGAL NOTICE
This site, accessible at the URL www.bloomykidsco.com (the "Site"), is published by : Bloomy Kids Co.
Bloomy Kids Co , a company with share capital of 200 euros, registered with the PARIS Trade and Companies Register under number RCS PARIS 978 697 167, whose head office is located at 149 Avenue du Maine 75014 Paris, represented by Sophie Fleury, duly authorized.
The publisher's individual VAT number is: FR65978697167.
The Site is hosted by Shopify Inc, located at Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 USA, (telephone contact or email: (+1) 650 253 0000).
The Site's Publishing Director is Sophie Fleury.
By phone (or whatsapp): +33603733584
By email: firstname.lastname@example.org
By post: 149 Avenue du Maine 75014 Paris
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the " General Conditions of Sale ", or the " GCS ") apply exclusively to the online sale of products offered by the Operator on the Website.
The GSC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
By checking a box or clicking on the button provided for this purpose, the customer acknowledges that he/she has read and accepted them before placing an order. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.
Article 3 - DESCRIPTION OF PRODUCTS
The Site is an online sales site for sportswear and accessories (hereinafter the " Product(s)") open to any individual or legal entity using the Site (the " Customer ").
The Products presented on the Site are each the subject of a description (drawn up by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. Any photographs illustrating the products do not constitute a contractual document. The Product's instructions for use, if essential, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.
The Customer acknowledges that he/she has checked that the computer configuration he/she is using is secure and in working order.
Article 4 - CREATION OF CUSTOMER AREA
To place an order on the Site, the Customer must first create a personal customer area. Once created, to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of article PERSONAL DATA of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she alone is responsible for accessing the Service using his/her login and password, unless fraud has been proven. Customers also undertake to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.
When registering, the Customer undertakes to :
provide real, accurate and up-to-date information at the time of entry into the service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.
keep registration data up to date to ensure that it is real, accurate and up-to-date at all times.
The Customer further undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 - ORDERS
The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of the Operator, a Product proves to be unavailable subsequent to the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Operator.
With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, customer orders are firm and final.
When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities desired. Customers can check the details of their order and its total price, and return to previous pages to correct the contents of their basket, if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and forms the contract.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order, so that the Customer may refer to them.
Contractual information relating to the order (in particular the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log on to the Customer Area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
- The Customer would not respect the General Conditions in force at the time of his order;
- The customer's order history shows that sums are still owed for previous orders;
- One of the Customer's previous orders is the subject of a dispute currently being processed;
- The Customer has not responded to a request for confirmation of his order sent to him by the Operator.
The Operator shall archive contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address email@example.com Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing an order (in particular name and delivery address) is binding. Therefore, the Operator cannot be held liable in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.
Registration is open to adults of legal age and to minors under the condition that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.
The Operator uses the online payment solution Shopify payments.
Orders can be paid for using one of the following payment methods:
Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The customer's order is recorded and validated as soon as the bank accepts payment.
The Customer's account will only be debited with the corresponding amount once (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the amounts due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment center has given its approval of the transaction.
As part of the control procedures, the Operator may have to ask the customer for all documents required to finalize the order. These documents will not be used for any other purpose.
Article 7 - PRICE PAYMENT
The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.
The price is payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant. If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on "I confirm my delivery", then he/she acknowledges acceptance of these GTC before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of :
- delivery of a Product that does not conform to the declared characteristics of the Product;
- delivery beyond the deadline specified in the purchase order or, failing such deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same manner and without result, to make delivery within a reasonable additional period;
- price increases that are not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be cancelled by the Operator in the event of :
- buyer's refusal to accept delivery ;
- non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 - RESERVATION OF TITLE
The Operator remains the sole owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
Article 10 - SHIPPING AND DELIVERY
See our Shipping & Returns page.
Article 11 - RIGHT OF WITHDRAWAL
See our Shipping & Returns page.
By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the cancellation procedure.
Article 12 - CUSTOMER SERVICE
The Customer may contact the Operator :
- on the following number +33 6 03 73 35 84 daily 8am - 8pm.
- by email to firstname.lastname@example.org indicating your name, telephone number, the subject of your request and the number of the order concerned.
Article 13 - INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
The Operator reserves the right to take legal action against any person who fails to comply with the prohibitions contained in the present article.
ARTICLE 14 - LIABILITY AND WARRANTY
The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator may not be held liable for the use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for false declarations made by a Customer or for his or her behaviour towards third parties. In the event of the Operator being held liable for such conduct on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgement against it, and to reimburse the Operator for all costs incurred in its defense, in particular legal fees.
Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When acting under the legal warranty of conformity :
- you have a period of two (2) years from the delivery of the goods to take action:
- you may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-12 of the French Consumer Code;
- you do not have to prove the existence of a lack of conformity during the twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Reproduction of articles L. 217-3, L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 227-10, L. 227-11 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:
Art. L.217-3 of the French Consumer Code:
" The seller delivers a property that complies with the contract and 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.
In the case of a contract for the sale of goods containing digital elements :
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or digital service that appears during the period during which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.
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.
Art. L.217-4 of the French Consumer Code:
"The good conforms to the contract if it meets the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for 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..."
Art. 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 good, 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."
Art. L.217-7 of the French Consumer Code:
"Defects of 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.
For used goods, this period is twelve months.
When the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods is presumed to exist:
1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not specify the duration of supply;
2° During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period of more than two years."
Art. L.217-8 of the French Consumer Code:
"In the event of a 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.
Art. L.217-9 of the French Consumer Code:
"The consumer has the right to demand that the goods comply 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".
Art. L.217-10 of the French Consumer Code:
" The goods shall 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 the use intended by the consumer.
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."
Art. L.217-11 of the French Consumer Code:
" The goods are brought into conformity at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement. "
Art. 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, particularly with regard to :
1° The value that the good would have had in the absence of the lack of conformity ;
2° The extent 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 good into conformity, shall be motivated in writing or on a durable medium."
Art. 1641 of the French Civil Code:
"The seller 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.
Art. 1644 of the French Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."
Art. 1648 paragraph 1 of the French Civil Code :
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
We remind you that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal warranties or the duration of any contractual warranties.
ARTICLE 15 - PERSONAL DATA
Article 16 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator neither controls nor contributes in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform the Operator of any hypertext link present on the Site which may lead to a third-party site with content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link to the Site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 17 - REFERENCES
The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 18 - GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without prior notice. The Customer must therefore refer to these General Terms and Conditions before using the Site.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or cessations.
The Operator advises the customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be invoked at any time during the performance of the contract if necessary.
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be provided to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any previous order, unless expressly agreed by the Customer at the origin of a given order.