LEGAL
Last Updated: 19th December 2025
I. IDENTIFICATION
This website www.blaueca.com (hereinafter referred to as the “Website”) is published by BLAUECA EURL (hereinafter referred to as “BLAUECA”), with share capital of EUR 10 000, listed under the Paris Trade and Companies Register under number 938 150 059, with a head office located at 12 rue d’Aubervilliers 75019 Paris — Email: contact@blaueca.com; VAT: FR 39 938150059.
The Director of Publication is Mr. Luca Bellavia, General Manager.
The Website is hosted on Shopify Inc, which provides the online e-commerce platform that allows BLAUECA to sell products.
Access to the Website as well as the use of its content are subject to the terms of use provided hereinafter. By accessing and browsing this Website, the Internet user fully and unreservedly agrees to the following stipulations.
II. INTELLECTUAL PROPERTY
2.1 Ownership
BLAUECA is the owner of the Website's domain name.
The entirety of the Website, as well as its components (in particular text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by articles L. 111-1 et seq. of the French Intellectual Property Code. They are the sole property of BLAUECA, and BLAUECA is the sole person authorized to use said intellectual property and related personality rights, brands, trademarks, models, creative works, software, databases, interpretations and image rights, whether through ownership or through a formal authorization or license.
This protection extends to the design of the products displayed on the Website, the names of collections, and any original editorial or written content published on the Website, including articles, texts, and creative writings.
BLAUECA is a registered trademark in the European Union.
2.2 Sanctions
Use of all or part of the Website, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use with a non-commercial aim, by the Internet user is strictly prohibited. The party liable for infringement of BLAUECA's rights may be sanctioned in accordance with the provisions of the French Intellectual Property Code relating to copyright infringement (article L. 335-1 et seq.) and trademark infringement (article L. 716-1 et seq.) as well as with the provisions of the French Civil Code relating to civil liability (article 9, Sections 1382 et seq.).
2.3 Hypertext links
The creation of any hypertext link redirecting towards any one of the web pages or components of the Website without prior written authorization from BLAUECA is prohibited. Said authorization may be withdrawn at any moment. Any such website containing hypertext links redirecting towards the Website or any one of its components are not under the control of BLAUECA. BLAUECA may therefore not be held liable (particularly with regard to editorial content) in relation to the access to such websites or their contents.
III. LIABILITY
BLAUECA undertakes to ensure the accuracy and updating of information published on the Website to the best of its ability, and reserves the right to correct content at any time and without prior notice. However, BLAUECA cannot guarantee the accuracy, precision and comprehensiveness of information made available on the Website. Said information shall not constitute any guarantee or commitment by BLAUECA with regard to the Internet user.
In particular, BLAUECA shall not be held liable for:
- Any imprecision, inaccuracy or omission regarding the information available on the Website;
- Any damages arising from a computerized intrusion by a third party, resulting in a modification of information made available on the Website;
- And, more generally, any direct or indirect damages, irrespective of the cause, origin, nature and consequences, caused as a result of the access by anyone to the Website or inability to access the Website, as well as of the use of the Website and/or relying on any information contained directly or indirectly on the Website.
BLAUECA shall implement means intended to ensure the security of the files generated from personal data collected on the Website. It is, however, formally stated that BLAUECA has no control over the risks related to the operation of the Internet. Internet users are reminded of the existence of possible risks in terms of confidentiality of data transmitted across this network.
IV. AMENDMENTS TO LEGAL TERMS
BLAUECA informs Internet users accessing the Website that these legal terms may be amended at any time. Such amendments shall be published online and shall be deemed accepted without reserve by any and all Internet users accessing the Website after said amendments have been published online.
V. DISPUTES
These legal terms have been drafted in accordance with French law and, in particular, with the provisions of Law no. 2004-575 dated 21 June 2004 for building confidence in the digital economy and applicable data protection legislation (in particular the French data protection act (the “Loi relative à l’informatique, aux fichiers et aux libertés n°78-17”) dated 6 January 1978 and the General Data Protection Regulation (GDPR)). French courts shall exercise jurisdiction over any and all disputes arising from the use of the Website, without prejudice to any contrary provisions arising from Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I recast).
Should the Internet user have any questions about the use of the Website and/or these legal terms, or should the user have any request that he/she wishes to address to BLAUECA, he/she can send a message via the "CONTACT" section of the Website and/or an email to the following address: contact@blaueca.com.
Last Updated: 19th December 2025
BLAUECA operates this store and this website, including all related information, content, features, tools, products, and services, in order to provide you with a personalized shopping experience (the “Services”). BLAUECA.COM is powered by Shopify, which enables us to provide the Services.
This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you access or use the Services, make a purchase or any other transaction, or communicate with us by any means.
In the event of any inconsistency between our Terms of Use and this Privacy Policy, this Policy prevails with respect to the collection, processing, and disclosure of your personal information.
By accessing or using the Services, you acknowledge that you have read and understood this Privacy Policy.
1. Personal Information We Collect
We may collect the following categories of personal information, depending on your interactions with the Services, your place of residence, and as permitted by applicable law:
- Contact Information: name, address, billing and shipping addresses, phone number, email address.
- Financial Information: credit/debit card details, bank account information, payment confirmations, and transaction details.
- Account Information: username, password, security questions, preferences, and settings.
- Transaction Information: items viewed, added to cart or wishlist, purchased, returned, exchanged, or canceled, as well as historical transactions.
- Communications: information contained in your messages to us, including customer service inquiries.
- Device Information: browser type, IP address, unique identifiers, network connection details.
- Usage Information: details on how and when you access or interact with the Services.
Personal information does not include anonymous or de-identified data that cannot reasonably be linked to you.
2. Sources of Personal Information
We may collect personal information:
- Directly from you, including when you create an account, make a purchase, or communicate with us.
- Automatically, through cookies and similar technologies when you access or use the Services.
- From service providers, including Shopify.
- From partners or other third parties.
3. How We Use Your Personal Information
We may use your personal information for the following purposes:
a. Providing, Personalizing, and Improving the Services
Including processing payments and orders, managing accounts, enabling returns, recommending products, and personalizing your shopping experience.
b. Marketing and Advertising
To send marketing communications (email, SMS, postal mail) and display personalized advertising based on your browsing and purchase history.
c. Security and Fraud Prevention
To authenticate accounts, secure transactions, detect and investigate fraudulent or malicious activity, and protect the Services.
d. Communication
To provide customer service, respond to inquiries, and maintain our commercial relationship with you.
e. Legal Compliance
To comply with applicable laws, respond to lawful requests, manage disputes, enforce terms, and protect our rights.
4. Legal Bases for Processing (EEA/UK Users)
If you reside in the EEA or the UK, we process your personal information under the following legal grounds (Articles 6 and 9 GDPR):
- Performance of a contract
- Compliance with legal obligations
- Legitimate interests (e.g., service improvement, fraud prevention, limited marketing)
- Your consent, when required (e.g., certain cookies or marketing).
You may withdraw consent at any time without affecting prior processing.
5. How We Disclose Personal Information
We may disclose your personal information:
- To Shopify, service providers, and other third parties acting on our behalf (IT, payment processing, cloud storage, analytics, customer service, order fulfillment).
- To marketing and advertising partners, including Shopify’s personalized advertising services.
- At your instruction or with your consent, including social media integrations.
- To our affiliates, within our corporate group.
- In business transactions, such as mergers or reorganizations.
- To comply with legal obligations, enforce terms, or protect rights.
6. Relationship with Shopify (Processor + Independent Controller)
Shopify hosts our store and processes personal information necessary to provide and improve the Services.
In some cases, Shopify acts as:
- Processor — when processing data on our behalf (orders, transactions, analytics).
- Independent Controller — when processing data for its own purposes (e.g., fraud prevention, cross-merchant analytics, advertising features).
Shopify is responsible for responding to rights requests for the data it controls.
For more information:
Shopify Consumer Privacy Policy:
https://www.shopify.com/legal/privacy
7. Third-Party Websites and Links
The Services may contain links to third-party websites not controlled by us. We are not responsible for the privacy, security, or accuracy of information on those sites.
Information shared on public or semi-public spaces (including social media) may be visible to others.
8. Cookies and Similar Technologies
We use cookies and similar technologies to operate and enhance the Services, perform analytics, remember preferences, personalize content, and support advertising.
Types of cookies include:
- Strictly necessary cookies
- Performance and analytics cookies
- Preference cookies
- Advertising and retargeting cookies
Where required by law, non-essential cookies are used only with your consent, which you may manage through your browser or the cookie banner (where available).
9. Children’s Data
The Services are not intended for use by children. We do not knowingly collect personal information from minors.
If you believe a minor has provided data to us, please contact us to request its deletion.
We do not “sell” or “share” the personal information of users under 16.
10. Security and Retention
No security measure is perfect, and we cannot guarantee absolute security.
We retain personal information only as long as necessary to operate the Services, comply with legal obligations, resolve disputes, or enforce agreements.
11. Your Rights and Choices
Depending on your residence, you may have the right to:
- Access your personal information
- Request deletion
- Request correction
- Request data portability
- Manage marketing preferences
For EEA/UK users, GDPR Articles 15–22 grant additional rights:
- Object to processing
- Request restriction of processing
- Withdraw consent at any time
We may verify your identity before processing your request. You may designate an authorized agent where permitted by law.
12. Complaints
If you wish to lodge a complaint regarding our processing of your personal information, you may contact us using the details below.
You also have the right to file a complaint with the French Data Protection Authority:
Commission Nationale de l’Informatique et des Libertés (CNIL) —
www.cnil.fr
(If you reside in the EEA, you may contact your local supervisory authority.)
13. International Transfers
We may transfer your personal information outside your country. If transferred outside the EEA or UK, we rely on:
- European Commission Standard Contractual Clauses, or
- UK International Data Transfer Agreement,
unless the destination country is deemed “adequate”. Where necessary, we implement supplementary measures to ensure an equivalent level of protection (encryption, access controls, pseudonymization, etc.).
14. Changes to This Privacy Policy
We may update this Privacy Policy periodically. We will post updates on this page and update the “Last Updated” date.
15. Contact
If you have questions or wish to exercise your rights, contact us:
Email: contact@blaueca.com
Address: 12 Rue d'Aubervilliers, Paris, 75019, France
BLAUECA is the Data Controller for the personal information described in this Policy.
Last Updated: 19th December 2025
Preamble
These General Terms of Sale (hereinafter “General Terms”) are those of BLAUECA EURL, headquartered at 12 rue d’Aubervilliers 75019 Paris, FRANCE, a company with a share capital of € 10 000, listed under the Paris Trade and Companies Register under number 938 150 059, which can be reached by e-mail at contact@blaueca.com (hereinafter “BLAUECA”).
BLAUECA creates, designs and distributes ready-to-wear items and fashion accessories (together, the “Items”).
Article 1 - Scope and acceptance of the General Terms and Conditions of Sale
These General Terms apply to all sales of Items made via BLAUECA's Website (hereinafter the “Site”).
The Items are intended to be sold exclusively to end buyers who are natural persons, acting exclusively for their personal needs and not directly related to a commercial activity, excluding any resellers or intermediaries acting on behalf of resellers (hereinafter the "Customer(s)" or “You”). Therefore, the Customer confirms that he/she/them is acting as a consumer and that he/she/them does not intend to resell the Items for commercial purposes.
He/she/them also certifies that he/she/them has the legal capacity to enter into these General Terms.
Orders not complying with these rules could be refused.
BLAUECA may at any time update and modify the General Terms by publishing a new version thereof on the Website. The conditions applicable to the sale of an Item to a Customer are those in effect at the time of the conclusion of the purchase contract.
The different versions of the General Terms shall be archived by BLAUECA. The consumer may request a copy of archived previous versions of the General Terms, but must state the date of their request.
With each purchase of an Item, the Customer will be asked to indicate his/her/them acceptance of the General Terms in effect, as available via a link on the payment page, by clicking on the payment button.
Article 2 - Purchasing information
2.1 Item availability
The Customer is informed in the description of each of the Items of its availability before placing an order.
If, in spite of the vigilance on the part of BLAUECA, the Item(s) ordered are no longer available, BLAUECA will inform the Customer as soon as possible.
BLAUECA reserves the right to change the Items offered at any time without notice, but this will not affect the existing Order(s).
2.2. Selection of Items by Customers
Customers select, enter, and confirm the designation and quantity of the Items they wish to order and the Items are added to their "Cart”. Quantities are limited as per Term 4 below.
Customers may freely modify the contents of their Carts, delete Items or change the quantities ordered, or add Items by clicking on the appropriate buttons.
2.3 Placing orders
You must choose the delivery method and provide all the information required to ship the order. This information is:
- email address,
- first and last name,
- street address,
- postal code
- city
- telephone no.
- delivery method,
- shipping country,
- billing address,
- delivery address,
- payment method and payment information.
You may use your delivery address as the billing address or enter another address.
Once you have entered and validated all of this information, the price of the Items (as defined in Term 5 below), as well as any delivery costs and the estimated delivery date will display automatically.
You must verify that your selection is correct before confirming your order.
To help its Customers spot any errors, BLAUECA provides technical verification means in the form of a standard verification summary check (which verifies whether all the required fields have been filled and whether the characters that were entered are appropriate for the field in question).
Your order will be summarized again for final verification.
By clicking “Pay now” you are placing a firm order for the Item or Items in your Cart.
Please read these General Terms carefully before submitting your order to us.
2.4 Confirmation of the Order by BLAUECA
Once you have completed the steps described in Term 2.3 above, you will be sent an order acknowledgement by email. Unless expressly indicated otherwise, the acknowledgement of receipt of the order does not constitute acceptance of your order.
The sales contract is deemed concluded once the Order has been confirmed by BLAUECA and payment authorization has been received.
The acknowledgement of receipt of your order includes the order number, the total amount of the order, delivery cost, and the key features, quantity, and price of the Item(s) purchased. The acknowledgement of receipt also includes a link to the General Terms.
2.5 Proof of Order
E-mails are admissible between the parties, in particular in regards of the nature and date of the Order.
In addition, BLAUECA shall retain the information relating to any Order for a period of ten (10) years and shall make it available to the Customer upon request addressed by the latter to: contact@blaueca.com or to BLAUECA EURL – 12 rue d’Aubervilliers - 75019 Paris.
However, it is recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the details relating to his/her Order placed.
Article 3 - Refusal of an Order
BLAUECA will also be entitled to refuse any Order: (i) made by a Customer with whom there is an ongoing dispute relating to the payment or delivery of a previous Order; or (ii) not in accordance with these General Terms.
BLAUECA will notify the Customer if it finds that the Order does not comply with these GTS.
If the Customer fails to correct any error or noncompliance with these General Terms within a period of five (5) calendar days following the notification mentioned just before, BLAUECA reserves the right to cancel the Order altogether, as well as the payment.
Article 4 - Purchase Limits
To ensure both a better service and availability of the Items, BLAUECA limits the number of Items that can be purchased by a Customer to:
- 7 Items per Order; and/or
- two (2) identical Items, of any color and size, per 30 days.
BLAUECA reserves the right to refuse any Order which is fraudulent, abnormal or which exceeds the purchase limits set out above. BLAUECA may also refuse any Order (i) made by a Customer with whom there is a dispute over a previous transaction, or (ii) where a Customer has failed to comply with these General Terms.
If relevant, you will then be able to review your Order within five (5) calendar days of receiving such notification, otherwise BLAUECA may cancel the Order and the corresponding payment, and you will receive a refund of the price you paid for your Order. The refund can take up to 14 days to be processed after the cancellation of the Order.
Article 5 - Price of the Items and Invoice
The prices communicated are indicated in Euros and are inclusive of value-added tax (VAT), but exclude any potentially applicable delivery charges which would be displayed separately before an Order is placed.
The prices invoiced are those in effect on the date of the Order, subject to the availability of the Item(s) ordered at this time. Without prejudice to any Order already placed by the Customer, BLAUECA reserves the right to modify the prices of the Items at any time and without notice.
Product prices do not include Internet access costs, which are payable by the consumer.
5.1 Custom duties
Prices do not include associated costs, customs clearance in the event of overseas delivery, bank charges or any other costs payable by the Customer.
Any order placed on the website for delivery outside the European Union may be subject to customs duties and any taxes charged when the parcel reaches its destination. Such dues are payable solely by the Customer and the latter bears full responsibility for both declaration and payment to the relevant authorities. BLAUECA has no obligation to check and inform its customers of the applicable customs duties and taxes. To find out what they are, the Customer must make enquiries to the relevant authorities in the country of delivery.
If you decide to refuse to pay the tax and return the parcel, please note that BLAUECA will deduct from your refund any import duties related to your return.
It is specified that the tax refund service is not available for purchases of the Item(s).
5.2 Invoicing
Proof of purchase and payment is provided to the Customer by electronic means following confirmation of the Order.
In accordance with applicable tax regulations, an invoice may be issued upon request by the Customer. Where required, the invoice will be sent electronically and will include the mandatory information provided for by law.
Article 6 - Terms of payment
6.1 Payment
6.1.1 Payment by Credit Card or Debit Card
Payment for the Customer's purchases can be made by credit card or debit card. Cards from the “CB” network, Visa©, MasterCard©, American Express©, ApplePay© are accepted.
After validation of the bank details by the Customer on the Site, the latter accesses a secure server operating in SSL mode (128 bits).
The transaction is then carried out by the Customer according to banking security standards. Authentication is specific to each bank. By submitting payment information, the Customer authorizes the payment service provider to debit the amount of the Order from the selected payment method, in accordance with applicable security and authentication standards.
The sales contract is deemed concluded once the Order has been confirmed by BLAUECA and payment authorization has been received.
6.1.2 Payment by PayPal
BLAUECA accepts payments made via PayPal.
At the time of validation of the order, the Customer chooses the "PayPal" payment option and will be automatically redirected to the "PayPal" platform.
The Customer must then connect to his/her/their "PayPal" account using his/her/their contact details. If he/she/they does not have a “PayPal” account, he/she/they can create one on this occasion. After validation of his/her/their order with “PayPal", the Customer will be redirected to the confirmation page of the Website.
The shipment of the order takes place only after verification of the method of payment, receipt of the debit authorization from the Customer's bank card or confirmation from PayPal and verification of the conformity of the order with these General Terms.
6.2 Shipment
The Order shall be shipped only after verification of the payment method, receipt of the authorization to debit the Customer's payment mean, and verification of the conformity of the Order with these General Terms.
Article 7 - Delivery of the Order
7.1 Delivery
Once payment of the amount of the Order has been registered, the Items will be delivered to the delivery address indicated by the Customer during the Ordering process. For this reason, the latter undertakes to have communicated the correct delivery address to BLAUECA. If there is an error in the Customer's details, BLAUECA cannot be held responsible for being unable to deliver the order. In this situation, the costs of redirecting the order shall be solely payable by the Customer.
BLAUECA will deliver the Items ordered with the delivery mode selected by the Customer. Delivery charges may apply – Customers will be notified of any applicable delivery charges at the point of completing the Order.
The Customer will receive an email stating the parcel tracking number so that they can track the delivery of their order on the carrier’s website.
The delivery of Items ordered shall be made (subject to full payment of the price) on the date or within the timeframe indicated to the Customer by BLAUECA before the order is confirmed or, if no time has been agreed, at the latest, within thirty (30) days of the date of the order.
If delivery does not occur within the agreed timeframe or, failing that, within thirty (30) days from the Order confirmation, the Customer may request cancellation of the Order in accordance with applicable consumer protection laws.
BLAUECA shall not be liable for delivery delays attributable exclusively to the carrier, provided that BLAUECA has duly handed over the parcel to the carrier within the announced timeframe. In the event of a delivery delay, the Customer is therefore advised to contact the carrier in the first instance to find out the delivery status of the parcel.
If delivery of the Items is delayed by an event outside BLAUECA's control, BLAUECA shall not be liable for delays caused by the event. If there is a risk of substantial delay, the Customer may contact BLAUECA to cancel the Order and receive a refund for any Items that have been paid for but which have not been received.
The Customer must check the condition of the packaging at the time of delivery. If the original packaging is damaged, the Customer must express any reservations or complaints directly to the carrier or even reject the delivery. Complaints must be sent directly to the carrier and a copy must be sent to BLAUECA.
7.2 Failure to deliver the Item(s)
If the Customer is not at the address on the day of delivery, the delivery agent will drop a missed delivery note through the Customer's letterbox or will send an email notification to the Customer, which will enable the latter schedule another delivery with the carrier or pick up the parcel at the specified place and within the specified period.
Article 8 – Customer Data & Privacy Protection
BLAUECA processes Customer personal data in accordance with Regulation (EU) 2016/679 (the “GDPR”) and the French Data Protection Act (Loi Informatique et Libertés). BLAUECA acts as Data Controller for the personal data collected through the Website and in connection with the sale of Items.
The Customer is invited to consult the Privacy Policy available on the Website, which explains in detail:
- the categories of data processed
- the purposes and legal bases of processing
- the rights available to Customers under the GDPR
- data retention periods
- the use of cookies and similar technologies
- how to contact BLAUECA for any privacy-related request
Payment data is processed by independent, authorized payment service providers, in compliance with applicable data protection law.
Article 9 - Ownership of the Items
BLAUECA retains ownership of the Items until full payment of the price has been received.
Article 10 - Intellectual Property Rights
Any intellectual property right pertaining to any BLAUECA product or element (including BLAUECA Items), such as trademarks, illustrations, photos, images, models, designs and logos, whether registered or not, is and will remain the exclusive property of BLAUECA.
Any total or partial reproduction, downloading, modification or use of BLAUECA's trademarks, illustrations, images, photos, logos and designs, for direct or indirect commercial use and on any medium whatsoever, without the express prior written consent of BLAUECA, is strictly prohibited.
“BLAUECA” is a registered European Union trademark.
Article 11 - Right of withdrawal
11.1 Right of withdrawal
As a consumer, you have a statutory right to withdraw from this contract within fourteen (14) days without giving any reason, in accordance with applicable consumer protection laws.
The withdrawal period will expire after fourteen (14) days from the day on which you acquire, or a third party other than the carrier indicated by you, acquire physical possession of the last good of the Order.
To exercise the right of withdrawal, you must inform us at: contact@blaueca.com or at BLAUECA - 12 rue d’Aubervilliers 75019 Paris, FRANCE of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
You may use the attached model withdrawal form under Article 11.3, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.2 Effects of withdrawal
In the event of withdrawal from this contract, BLAUECA shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). Refunds shall be given no later than fourteen (14) days from the day when BLAUECA is informed about your decision to withdraw from this contract. BLAUECA may withhold reimbursement until the returned Item(s) have been received or until the Customer has provided evidence of having sent back the Item(s), whichever occurs first.
Reimbursement will be carried out using the same means of payment used for the initial transaction.
The direct cost of returning the Item(s) shall be borne by the Customer.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
11.3 Model withdrawal form
The below form can be used if you wish to exercise your right to withdraw, in compliance with the provisions of Article 11 of our General Terms:
To BLAUECA EURL
12 Rue d’Aubervilliers
75019 Paris
FRANCE
contact@blaueca.com
I hereby notify you of my withdrawing from the contract entered into for the sale of the below item(s):
Name(s) and reference(s) of the Item(s):
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Ordered on:
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Received on:
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Order number:
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Name of the customer who placed the Order:
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Address of the customer who placed the Order:
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Customer's signature when submitting a paper version of this form:
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Date:
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Article 12 - How to arrange for return of Item(s) to BLAUECA
The return of delivered Item(s) must be carried out by the Customer without undue delay and, in all circumstances, no later than fourteen (14) days after giving notice of their decision to withdraw from this contract.
Items must be returned in their original condition and packaging, allowing only such handling as is necessary to establish the nature, characteristics and proper functioning of the Item(s). All BLAUECA item tags must be attached, and any related accessories or instruction booklets must be included.
Items that are incomplete, altered, worn, damaged, soiled, washed or otherwise handled beyond what is necessary to verify their nature and characteristics may be subject to a reduction in the refund amount, proportionate to the diminished value of the Item(s), or may be returned to the Customer depending on their condition.
The assessment of the condition of returned Item(s) shall be carried out by BLAUECA in accordance with objective criteria and applicable consumer protection laws.
In the case of a gift, the right of withdrawal remains for the exclusive benefit of the Customer who placed the Order and may under no circumstances be exercised by the recipient of the gift.
Upon receipt of the Customer’s notice of withdrawal, BLAUECA will provide practical instructions regarding the return of the Item(s). Items returned without prior notice of withdrawal may be refused. The direct cost of return shipping shall be borne by the Customer. Where BLAUECA provides a return shipping label, the corresponding cost may be deducted from the refund amount.
For any questions regarding returns, the Customer may contact BLAUECA at contact@blaueca.com.
Article 13 - Exchange
BLAUECA does not offer direct exchanges.
In order to obtain a different item, size, or variation, the Customer is invited to return the initially purchased product in accordance with the return procedure set out in these General Terms and Conditions of Sale.
Once the return has been accepted, the Customer may place a new order for the desired item.
Article 14 - Information on the Items - Liability
Information relating to all Items offered for sale is made available on BLAUECA’s Website.
The photographs, illustrations, graphics and descriptions of the Items are provided for indicative purposes only. Customers may obtain additional information by contacting BLAUECA.
While every effort is made to ensure that the colors, textures and details of the Items displayed on the Website accurately reflect the original products, slight variations may occur, in particular due to technical limitations in the display of colors on computer screens. Such variations shall not constitute a defect or non-conformity of the Item.
BLAUECA shall not be held liable for non-substantial errors or inaccuracies in the presentation of the Items, provided that such errors do not affect the essential characteristics of the Items.
To the extent permitted by applicable law, BLAUECA’s liability shall be limited to direct and foreseeable damages suffered by the Customer as a result of a proven breach of its contractual obligations.
This limitation of liability shall not apply in cases of willful misconduct, gross negligence, bodily injury, or where liability cannot be excluded or limited under applicable consumer protection laws.
Article 15 - Responsibility and guarantees
15.1 Responsibility - Force Majeure
BLAUECA is responsible for all of its obligations under this remotely made contract. However, BLAUECA cannot be held liable where non-performance of its obligations is attributable to the Customer, an unforeseeable third-party act beyond its control, or a force majeure event.
BLAUECA endeavours to maintain a high-quality website. However, due to the constraints inherent in running digital networks, the Company cannot guarantee that the Website will be accessible continuously. As such, it cannot be held liable for nuisances or harm inherent in Internet use such as interruptions of service, intrusions from outside, the presence of computer viruses, or any event classed as force majeure by the courts.
Hypertext links may link to websites other than www.blaueca.com, which declines all responsibility for situations where the content of such websites is contrary to current legal and regulatory provisions.
15.2 Guarantees
BLAUECA complies with the provisions of the Consumer Code and the Civil Code in relation to guarantees. These provisions are set out below:
- Article L217-3 of the Consumer Code: The seller shall deliver an item that is compliant with the contract and the criteria set out in Article L. 217-5.
- He shall be liable for non-conformities which exist at the time of delivery of the item within the meaning of Article L. 216-1 which come to light within two years following that time.
- Article L217-5 of the Consumer Code:
I.-In addition to the criteria relating to compliance with the contract, the item shall be compliant if it satisfies the following criteria:
- 1. It is fit for the use ordinarily expected of an item of the same type, taking into account, where necessary, any provisions of European Union law and national law and any technical standards or, in the absence of such technical standards, special codes of conduct that are applicable to the sector concerned;
- 2. Where applicable, it possesses the properties that the seller presented to the consumer in the form of a sample or model before the contract was entered into;
- 3. Any digital components that it may have are provided in the most recent version available when the contract is entered into, except where the parties agree otherwise;
- 4. Where applicable, it is delivered with all accessories, including packaging, and installation instructions which the consumer may reasonably expect;
- 5. Where applicable, it is provided with updates that the consumer may reasonably expect, as provided in Article L. 217-19;
- 6. It is consistent with the quantity and quality, and has the other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may reasonably expect for items of the same type, having regard to the nature of the item and public statements made by the seller, by any person further up the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller shall not be bound by any public statements mentioned in the previous paragraph if he can show:
- 1. That he did not know of them and could not reasonably have known of them;
- 2. That when the contract was entered into, the public statements had been corrected in a manner comparable to that in which the original statements were made; or
- 3. That the public statements could not have affected the decision to purchase.
III.-The consumer cannot dispute conformity by citing a defect relating to one or more particular characteristics of the item where he was specifically informed that they departed from the conformity criteria listed in this article and he explicitly and separately agreed to such departure when the contract was entered into.
- Article L217-12 of the Consumer Code: The limitation period for legal actions over defects of conformity is two years from delivery of the item.
- Article 1641 of the Civil Code: The seller is bound by the guarantee in relation to latent defects in sold goods which make them unfit for their intended purpose, or which restrict such use to such an extent that the buyer would not have bought them, or would only have paid a lower price, had he known of them.
- Article 1648 para. 1 of the Civil Code: Actions over critical defects must be brought by the buyer within two years following discovery of the defect.
Article 16 - Non-Waiver
The fact that BLAUECA refrains from demanding at any given time the performance of any of the provisions of these General Terms and Conditions of Sale may not be interpreted as a waiver of its right to raise subsequently said complete or partial non- performance.
Article 17 - Validity of the General Terms and Conditions of Sale
If one or more provisions of these General Terms is/are held to be invalid or declared to be so pursuant to a law or regulation or by final decision of a court with jurisdiction, the other provisions shall retain all of their force and applicability.
Article 18 - Entire agreement
These General Terms and the Order form set out all of the parties' obligations. No general or particular term communicated by the consumer may be added to these General Terms.
The documents that make up the contractual undertakings between the parties are, in decreasing order of priority, the Order form and these General Terms.
In the event of any inconsistency between the Order confirmation and these General Terms and Conditions of Sale, the provisions of the Order confirmation shall prevail solely with respect to the specific elements of the Order concerned, provided that such provisions do not derogate from applicable consumer protection laws.
Article 19 - Dispute Resolution - Applicable Law and Jurisdiction
In accordance with Articles L.612-1 and following of the French Consumer Code, the Customer has the right to refer the matter free of charge to a Consumer Mediator for the amicable resolution of a dispute.
The competent mediation service is:
Médiation de la Consommation & e-commerce (FEVAD)
Website: www.mediateurfevad.fr
The Customer may also submit a complaint via the European Commission’s Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr/
These General Terms and Conditions of Sale shall be subject to French law.
Any dispute arising under these General Terms and Conditions of Sale shall be subject to the jurisdiction of the courts determined in accordance with applicable law.