Article 1: Preamble
The website's online store BloomLEDThe website .fr was set up by Grow & Enhancer, the operator of this site, a simplified joint-stock company with a capital of 100,000 euros, registered with the Trade and Companies Register of NANCY under number 512 465 261, Intra-Community VAT number: FR18512465261 and whose registered office is located at 10, rue du Canal, CHAMPIGNEULLES (54250), publishes the website located at the following address: https://www.bloomled.fr/en/.
Through this website, the company offers various products for sale, which can be purchased by individuals and businesses, notably through a secure online payment process implemented and managed by the banking institutions whose services it has partnered with. GROW & ENHANCER uses service providers to deliver products ordered by consumers through the aforementioned website, according to the terms and delivery times indicated on the website at the time of ordering.
The sitehttps://www.bloomled.fr/en/ The entire process, including all steps, electronic or otherwise, necessary for the consumer to validate their order, is conducted in French. Therefore, sales contracts concluded between GROW & ENHANCER and the consumer are in French.
You can contact GROW & ENHANCER via the form located on the page contact, by mail to the address indicated above or by telephone at +33.(0)3.83.47.83.98 Monday to Friday from 9am to 5pm (non-premium rate line).
Article 2: Application
These terms and conditions apply to all sales of products presented on the website https://www.bloomled.fr/en/. Any order placed with GROW & ENHANCER implies unreserved acceptance of these terms and conditions. Only the buyer may invoke these terms and conditions, and in particular the provisions relating to the warranty. These general terms and conditions may be modified at any time and without notice by GROW & ENHANCER; such modifications will then apply only to orders placed after their effective date.
These general terms and conditions of sale are permanently accessible via the website.https://www.bloomled.fr/en/ in computer formats allowing them to be printed and/or downloaded, so that the consumer can reproduce or save them.
Article 3: Products
3.1: Price - Shipping Costs
Prices are displayed in euros inclusive of all taxes (except where noted below) and excluding shipping costs. They are subject to value-added tax in the country of delivery (except in cases provided for in Article 262 ter I of the French General Tax Code and/or for certain consumers due to their geographical location), and any change in the legal rate of this tax will be reflected in the price of the products displayed on the website.https://www.bloomled.fr/en/ on the date stipulated by the applicable legislative or regulatory text. Exceptions:
- For customers residing outside the European Union and overseas territories, as well as for EU professionals with an intra-community VAT number, prices appear excluding taxes.
- For customers residing in Switzerland, the prices displayed are in Swiss Francs CHF.
3.2: Unavailability
In the event of a product being temporarily unavailable, GROW & ENHANCER will inform the consumer of the new delivery times provided by the suppliers and/or manufacturers of the product in question as soon as possible. If this unavailability is unduly prolonged, GROW & ENHANCER will make every effort to offer the consumer an equivalent product or, failing that, will cancel the order and issue a refund.
3.3: Compliance
The consumer is solely responsible for determining the compatibility of the ordered products with the equipment they already possess. The total or partial inability to use the equipment ordered by the consumer cannot, under any circumstances, give rise to any refund or compensation from GROW & ENHANCER.
Article 4: Conclusion of the contract
In all cases, the sales contract is deemed concluded only at the time of debiting the consumer's account for payment cards, from the date of receipt of the transfer in the case of bank transfer, and at the time of cashing the check for payments by check.
4.1: Command
The products for sale are presented on the website.https://www.bloomled.fr/en/ and accompanied by a description. Consumers wishing to purchase one of these products can click on its image and then on the "add to cart" button. This product is added to their shopping cart, which may already contain other items the consumer wishes to purchase and which they have previously added to their cart. When the consumer is ready to finalize their order, they can click on the "checkout" button located in their shopping cart.
He is then directed to a page displaying a summary of all the items to be included in his next order, and at this stage he has the option to remove some of the items from his shopping cart and consequently from the summary. He also has the option to cancel the process and return to his shopping cart without the order being validated.
If the summary containing the product prices and delivery charges is as advertised elsewhere on the websitehttps://www.bloomled.fr/en/ If the options are suitable, the consumer can enter their delivery and billing details and then select their payment method. Once the payment is validated, GROW & ENHANCER sends the consumer an order summary by email, including details of the items ordered, the total price including VAT (except in cases provided for in Article 262 ter I of the French General Tax Code and/or for certain consumers due to their geographical location), including the delivery costs, and the estimated delivery times.
4.2: Payment
The consumer expressly declares that they have all the necessary authorizations to use the payment method chosen when placing their order. Furthermore, they undertake to ensure their solvency before placing any order, as GROW & ENHANCER will be unable to deliver the ordered products if the order is not fulfilled.
GROW & ENHANCER also reserves the right to suspend or cancel any order or delivery if the financial institutions contacted refuse to authorize payment, depending on the payment method chosen by the consumer. Similarly, it reserves the right to refuse to process an order or make a delivery from a consumer with whom a dispute, particularly concerning payment for a previous order, remains unresolved.
The consumer is further advised that GROW & ENHANCER may analyze and/or verify orders placed in order to combat fraud, and in this context reserves the right to request any supporting documentation it deems necessary from the consumer. Following this procedure, GROW & ENHANCER reserves the right to suspend or cancel any order or delivery, even if payment authorization has been issued by the relevant financial institutions, should this analysis and/or these verifications suggest that the order was placed fraudulently or in violation of a third party's rights.
Furthermore, it cannot be held responsible for any misappropriation or fraudulent use of any means of payment that was not detected by this analysis and/or verification procedure.
4.2.1Payment by bank card
If the consumer chooses to pay by credit card, they will be redirected to the secure server of the bank to complete the payment securely. The consumer's bank details are therefore never in the possession of GROW & ENHANCER; their safekeeping and security are the sole responsibility of the bank.
The "3D Secure" authentication procedure (also known as "Verified by Visa" and "MasterCard SecureCode"), which ensures optimal security for online purchases by verifying the cardholder's identity, can be activated. The authentication methods vary from bank to bank: you may be asked to enter personal data (such as a date of birth), provide a code received via SMS, or answer a personal question.
Once the payment has been validated by the consumer on the bank's secure server, they have the option to return to the site. https://www.bloomled.fr/en/.
4.2.2Payment by check
Only checks drawn on a French bank are accepted. This payment method is only available to consumers with a delivery address in France.
Payment by multiple checks is not possible.
4.2.3Payment by bank transfer
The consumer is responsible for any bank transfer fees charged by their bank. GROW & ENHANCER is entitled to receive the net amount of the order.
4.2.4 : Pay in 10 installments with ALMA
In the event that the consumer opts for payment in 10 installments by bank card (for orders between €100 including VAT minimum and €3000 including VAT maximum), they unconditionally accept the Alma's general terms and conditions GROW & ENHANCER will cover part of the fees charged by ALMA. The following fees will remain the responsibility of the client:
- For payment in 10 installments: 11.36% per transaction
The consumer is directed from the websitehttps://www.bloomled.fr/en/ to the site https://pay.getalma.eu/ where the customer must provide ALMA with all the necessary information for the review of their financing application. The first payment installment, along with any applicable fees, will be debited upon order confirmation. The second installment will be debited one month later, and depending on the number of installments chosen, the third and fourth installments will be debited two and three months later, respectively (according to a schedule to be provided by ALMA). If the financing application is accepted by ALMA, GROW & ENHANCER will process the customer's order as usual. GROW & ENHANCER cannot replace ALMA in the contractual and commercial relationship established between itself and the customer regarding the financing of their purchase, and cannot be held liable in the event of a financing refusal. GROW & ENHANCER does not offer any financing services itself and simply connects the customer with ALMA should they choose to contract with ALMA. The consumer must be an adult individual or a legal entity, domiciled in France. In the event of cancellation, the fees paid by the customer for payment in installments will be refunded.
4.2.5 Payment via PayPal
The consumer must comply with the terms of use found on https://www.paypal.com in order to be able to make purchases on https://www.bloomled.fr/en/. The consumer acknowledges and accepts that, in the case of payment via PayPal, the payment amount will be debited upon order confirmation. Payment via PayPal on the websitehttps://www.bloomled.fr/en/ is subject to conditions. These conditions remain at Bloomled's discretion.
4.2.6 Administrative mandate
This payment method is reserved for French public entities (including overseas territories).
To allow for shipment of the order, the "order form" must be returned to GROW & ENHANCER, stamped and signed by the accounting department of the public entity, via email within 10 days. After this period, the order will be automatically cancelled.
Once the order has been shipped, the invoice will be issued and payment must be made within a maximum of 1 month.
Article 5: Delivery
5.1: Information
Products are delivered to the delivery address provided by the consumer when placing their order online or offline, and only within the delivery zones offered by GROW & ENHANCER at the time of the order. The list of these delivery zones is available at any time at: https://www.bloomled.fr/en/content/1-delivery.
If the delivery address differs from the billing address, the consumer must provide both addresses separately on the order form. Only the delivery address determines whether French VAT or VAT of the country of delivery (if applicable), or customs duties, will apply.
It is also the consumer's responsibility to provide all information necessary for delivery when placing their order to enable the carriers to proceed with the delivery. In the event of incorrect or incomplete information that prevents the carrier from making the delivery, a second delivery will be made after the carrier returns the goods to GROW & ENHANCER, provided the consumer first pays the new shipping costs.
5.2: Delivery - absence
Ordered products are only delivered to their recipient against signature (unless they are light and small products shipped in bubble envelopes, which can be placed directly in the mailbox, or if this option is not offered by the selected carrier).
The consumer must examine the physical condition of the package delivered by the carrier, in the presence of the delivery person.
Any anomaly observed must be noted in writing on the carrier's delivery slip; these reservations must be explicit, detailed, dated, and signed by the consumer. If the delivery person does not allow the consumer to verify the condition of the package and its contents, the consumer has 10 days to file a claim with the carrier in the event of a transport-related anomaly.
Beyond this period, no claims related to transport will be accepted. In the event of absence, and depending on the carrier selected by the consumer when placing their order, the carrier will leave a delivery notice in the consumer's mailbox inviting them to collect the products at a given address or to contact them to arrange a new delivery.
5.3: Delay - Loss
In the event of a significant delay or difficulty locating the package, the consumer can contact GROW & ENHANCER, which will open an investigation to obtain an explanation for the delay or to attempt to locate the package, which may have been lost by the carrier. The consumer must provide GROW & ENHANCER with all relevant information that will allow them to locate the ordered products through the carrier.
In such cases, GROW & ENHANCER is dependent on the timeframes imposed by the carriers regarding the declaration of loss and the reimbursement of the shipment. These timeframes may vary depending on the carrier. In the event of a significant delay, GROW & ENHANCER will agree on a new delivery date with the consumer.
Article 6: Returns
6.1: Right of withdrawal
The consumer has a 14-day cooling-off period from the date of delivery to cancel their purchase, in accordance with Article L 217-4 of the French Consumer Code. They must first notify the company of their intention to return the package to exercise their right of withdrawal on the [website/platform name] page. contact returns. The consumer can also return the ordered equipment along with the downloadable document in clicking here. The delivered products must be returned to GROW & ENHANCER at the consumer's expense and under their responsibility (it is their responsibility to arrange transport insurance), in their original packaging and showing no signs of impact.
Subject to compliance with the above provisions, GROW & ENHANCER will refund the cost of the ordered products as indicated on the order form within 15 days of receiving the returned products. No refund will be issued if the products are not in their original packaging and in good condition. In accordance with the French Consumer Code, audio or video recordings and computer software that have been unsealed by the consumer are excluded from the right of withdrawal. The 14-day right of withdrawal from the date of receipt of the goods applies to professionals who (Article L121-16-1 of the French Consumer Code) have 5 or fewer employees, and if the subject of the contract does not fall within the scope of said professional's main business activity.
6.2: Return procedures (excluding withdrawal)
All returns can only be processed after obtaining a return number on the [website/platform name] page. contact Returns must be made after explaining the reasons for the return. The return number obtained is valid for eight calendar days only. The sender assumes all risks associated with shipping and is therefore responsible for ensuring the safe delivery of the item, including insuring the shipment. Return shipping costs are entirely the responsibility of the sender, except in cases where the return is due to an error by GROW & ENHANCER in preparing the order or in the cases stipulated in Article 7. In these specific cases, return shipping costs will be reimbursed based on the cost of sending the item via registered mail (Colissimo) upon presentation of a postal invoice. No return can be justified by a misinterpretation of a product's technical specifications or its incompatibility with other devices.6.3: The Bloomled piggy bank:
The consumer can, if they wish, receive a refund in the form of a credit to their "virtual piggy bank." The funds in the piggy bank can be used for two years. The balance of this piggy bank can be viewed at any time in the consumer's "my account" section.
It will automatically be offered as a payment method for future orders. If the amount of a future order is less than the amount in the piggy bank, the new piggy bank balance will be available in the customer's account immediately after the order.
Article 7: Guarantees
The products are guaranteed by their manufacturers for the duration and according to the terms indicated in the product description on the website.https://www.bloomled.fr/en/ and/or on the warranty certificate, if any, included with the products upon delivery. In the event of a defective product, the consumer must return it in accordance with the conditions set out in Article 7 of these terms and conditions. No warranty coverage will be provided beyond the warranty period offered by the manufacturer for the products in question. The costs and risks associated with returning the defective product are the responsibility of the consumer unless the return takes place within 30 days of the invoice date. GROW & ENHANCER cannot guarantee any processing time for the return of defective products, as after-sales service is provided by the manufacturer of the products in question. The warranty for defective products is contingent upon full payment of the price by the consumer. Malfunctions resulting from misuse of the product or from an external cause (such as, in particular, an electrical surge) are not covered by the warranty.
When acting under the legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the goods to take action ;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code ;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The statutory warranty of conformity applies independently of any commercial warranty that may be granted.
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code and in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Under this legal guarantee of conformity, GROW & ENHANCER undertakes to bear all costs related to the return of the equipment concerned.
In the event of a return request after 30 days following the date of purchase, the return costs will be borne by the Buyer, except in the case of purchase of a premium warranty with this mention on the invoice.
Article 8: Customs Duties
Any order placed on the website and delivered outside of Metropolitan France and the European Union may be subject to potential taxes and customs duties levied when the package arrives at its destination. These customs duties and potential taxes related to the delivery of an item are the responsibility of the customer. GROW & ENHANCER is not required to verify or inform its customers of applicable customs duties and taxes. It is the consumer's responsibility to inquire with the relevant authorities in their country to determine these charges. If the recipient refuses to pay customs duties or taxes, any sums requested from GROW & ENHANCER to recover the package will be deducted from the refund issued to the customer.
Article 9: Offers and promotional codes
Promotional codes, vouchers, referral offers, or loyalty offers generated do not apply to gift certificates or shipping costs, unless the promotional code specifically covers shipping. These offers are valid outside of promotional and special offers (unless otherwise specified).
Promotional codes and vouchers cannot be combined with other promotional codes or offers (unless otherwise specified). Offers, vouchers, and promotional codes are not redeemable for their monetary value. In the event of a return (refund/credit note), promotional codes, vouchers, referral offers, or loyalty offers cannot be reused for a new purchase.
Refunds/credits following returns will only cover the amounts actually paid, excluding the portion paid by promotional codes, vouchers, "referral" or "loyalty" offers.
Article 10: Retention of Title
Ownership of the delivered goods transfers to the consumer only upon full payment of the price and any associated charges. During the period until full payment is received, the consumer bears the risk of loss, theft, or destruction.
Article 11: Personal Data
In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, users have the right to access and rectify their personal data. This data is provided solely for the purpose of delivering products ordered through the website, by fax, telephone, or postal mail. It is mandatory for order processing and any checks that may be carried out to combat fraud.
If optional data is to be collected, the consumer will be informed that it is optional. The consumer is advised that refusing to provide mandatory data will make it impossible to deliver the products they wish to order. They are also advised that, as part of the verification process for the information provided with their order, the data may be transmitted to third parties for verification purposes only. The consumer has the right to object to the potential transfer of their personal data to any third party, other than those responsible for verifying the mandatory data provided with the order, it being understood that such an objection may make it impossible to process their order.
Creating a customer account on https://www.bloomled.fr/en/ This gives consumers the option to occasionally receive promotional offers from GROW & ENHANCER only, with each email containing an unsubscribe link allowing them to stop receiving these offers at any time. Information regarding the use of cookies to enable and/or facilitate online ordering is available on [website address].this page of the site https://www.bloomled.fr/en/. All requests for clarification regarding personal data and/or the purpose of the processing implemented, as well as the exercise of rights of access, rectification and objection, should be sent to the following address: [email protected].
Article 12: Nullity - Tolerance
Should one or more provisions of these terms and conditions be deemed invalid or declared as such pursuant to any law, regulation, or final ruling of a competent court, the remaining provisions shall remain in full force and effect. The failure of GROW & ENHANCER or the consumer to enforce any right or provision of these terms and conditions, or to tolerate any breach thereof, shall not constitute a waiver of such right or provision. Such tolerance shall in no case be construed as a waiver of such right or provision.
Article 13: Force Majeure - Applicable Law
The reciprocal obligations arising from these terms and conditions may be suspended in the event of unforeseen circumstances or force majeure. Such circumstances shall include, in particular, those typically recognized as such by the jurisprudence of French courts. These terms and conditions are governed by French law, both substantively and procedurally. Any dispute must first be subject to an attempt at amicable settlement.
Article 14. Disputes and mediation procedure
These terms and conditions of sale are governed by French law. In the event of a dispute, the customer should contact BloomLED to obtain an amicable solution. Failing that, all disputes arising from the execution of an order or the interpretation of these conditions and more generally of agreements of any kind concluded between the parties shall be under the jurisdiction of the court of our registered office or of the jurisdiction of the buyer's place of residence at the time of the conclusion of the sale.
In the event of an unresolved dispute between BloomLED and the Consumer, and in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the Consumer Code, the consumer has the option of contacting the consumer mediator. Before contacting the consumer mediator, the consumer must have already attempted to resolve their dispute directly with BloomLED by a written claim or having made a claim according to the terms of the contract concluded with BloomLED.
Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, consumer mediation will take place according to a specific process and in accordance with applicable laws.
The contact details of the mediators are available on the website.https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references