Article 1: Preamble
The online store of the BloomLED.fr site has been set up by the company Grow & Enhancer, which is the operator of this site, a simplified joint-stock company with a capital of 6,700 euros, registered in the Trade and Companies Register. 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: www.bloomled.com. Through this site, it offers for sale various products which Internet users, natural or legal persons, can acquire in particular through a secure online payment procedure implemented and managed by banking establishments. whose services she enlisted. The company GROW & ENHANCER uses service providers to enable the delivery of products ordered by the consumer via the aforementioned site, and this according to the methods and deadlines indicated on the site at the time of the order. The site www.bloomled.com is produced in French, as are all the steps, electronic or not, necessary for the validation of his order by the consumer. The sales contracts concluded between the company GROW & ENHANCER and the consumer are therefore in French. You can contact the company GROW & ENHANCER via the form located on the contact page, by mail to the address indicated above or by telephone at +33.(0)126.96.36.199.98 from Monday to Friday from 9 a.m. to 5 p.m. (line not surcharged).
Article 2: Application These general conditions apply to all sales of products presented on the site www.bloomled.com. Any order placed with the company GROW & ENHANCER therefore entails the unreserved acceptance of these conditions. Only the purchaser can take advantage of the present, and in particular the provisions relating to the guarantee. These general conditions may be modified at any time and without notice by the company GROW & ENHANCER, the modifications then being applicable only to orders made after their date of implementation. These general conditions of sale are permanently accessible via the website www.bloomled.com in computer formats allowing them to be printed and/or downloaded, so that the consumer can proceed to their reproduction or to save them.
Section 3: Products
3.1: Price - Shipping costs
The prices are displayed in euros all taxes included (except exceptions below) and excluding postage. They are subject to value added tax in the country of delivery (except in the cases provided for in article 262 ter I of the CGI and/or intended 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 presented on the site www.bloomled.com on the date stipulated by the applicable legislative or regulatory text. Exceptions: For customers residing outside the European Union and overseas, as well as for EU professionals benefiting from an intra-community VAT number, the prices appear excluding taxes. For customers residing in Switzerland, the prices displayed are in Swiss Franc CHF.
In case of temporary unavailability of a product, the company GROW & ENHANCER will inform the consumer of the new deadlines applied by the suppliers and/or manufacturers of the product concerned as soon as possible. If this unavailability is prolonged excessively, the company GROW & ENHANCER will do its best to offer the consumer an equivalent product or, failing that, will cancel the order and reimburse the consumer.
The consumer is the sole judge of the compatibility of the products ordered with the equipment already in his possession. The total or partial impossibility of using the materials ordered by the consumer cannot in any case give rise to any refund or compensation from the company GROW & ENHANCER. Article 4: Conclusion of the contract In all cases, the sales contract is deemed concluded only at the time of the debit of the consumer's account for payment cards, of the date of receipt of the transfer in the case of bank transfer, and at that of collection check for check payments.
Article 4: Conclusion of the contract
In all cases, the sales contract is deemed concluded only at the time of the debit of the consumer's account for payment cards, of the date of receipt of the transfer in the case of bank transfer, and at that of collection check for check payments.
The products offered for sale are presented on the site www.bloomled.com and accompanied by a description. The consumer wishing to buy one of these products can click on its graphic representation and then on the “add to basket” button. This product is added to his shopping cart already containing, where appropriate, other items which the consumer wishes to purchase and previously placed by himself in his shopping cart. When the consumer intends to finalize his order, he can click on the “order” button which appears in his shopping basket. He is then directed to a page offering a summary of all the articles to be included in his next order, and he has at this stage the possibility of deleting some of the articles which appear in the shopping basket and consequently in the summary. He also has the possibility of canceling the procedure, and of returning to his shopping cart without the order being validated. If the summary containing the prices of the products and the delivery costs as announced elsewhere on the site www.bloomled.com suits him, the consumer can enter his delivery and billing details and then select his method of payment. Once the payment has been validated, the company GROW & ENHANCER sends the consumer a summary of his order by e-mail including in particular the details of the items ordered, the total price including tax (except in the cases provided for in article 262 ter I of the CGI and /or to certain consumers due to their geographical location) including the amount of delivery costs, and the delivery times envisaged.
The consumer expressly declares that he has all the necessary authorizations for the purposes of using the method of payment he has chosen during the validation of his order. He also undertakes to ensure his solvency before any order, fault for the company GROW & ENHANCER to be able to proceed with the delivery of the ordered products. The GROW & ENHANCER company also reserves the possibility of suspending or canceling any order or delivery in the event of refusal to issue payment authorization by the financial organizations questioned according to the method of payment chosen by the consumer. Likewise, it reserves the right to refuse to take into account an order or to make a delivery from a consumer with whom a dispute relating in particular to the payment of a previous order remains. The consumer is also advised that the company GROW & ENHANCER may proceed to the analysis and/or verification of orders placed in order to fight against fraud, and in this context reserves the right to ask the consumer for any proof. which she deems useful. At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even in the event of payment authorization issued by the financial institutions concerned, in cases where this analysis and/or these checks would give to think that the said order is placed in fraud of the rights of a third party. Furthermore, it cannot bear any liability in the event of embezzlement or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.
4.2.1: Payment by credit card
In the event that the consumer opts for a payment by credit card, he will be directed to the secure server of the said banking establishment in order to proceed with the payment in a secure manner. The consumer's bank details are therefore at no time in the possession of the company GROW & ENHANCER; their conservation and the maintenance of their integrity are therefore the responsibility of the banking establishment. The "3D Secure" authentication procedure (also called "Verified by Visa" and "MasterCard SecureCode"), which guarantees optimal security during online purchases by verifying the identity of the card user, can be activated. The authentication methods are specific to each bank: you may be asked to enter personal data (such as a date of birth) or to enter a code received by SMS or even to answer a personal question. Once the payment has been validated by the consumer on the bank's secure server, he has the option of returning to the www.bloomled.com site.
4.2.2: Payment by check
Only checks from a French bank are accepted. This method of payment is only open to consumers with a delivery address in France.
A payment in several checks is not possible.
4.2.3: Payment by bank transfer
The consumer must ensure that he bears the transfer costs levied by his bank. The GROW & ENHANCER company must collect the net amount of the order.
4.2.4: Payment in installments with ALMA
In the event that the consumer opts for payment in 2, 3, 4 or 10 times by credit card (order between 100 euros including tax minimum and 3000 euros including tax maximum), he accepts without reservation the general conditions of Alma the company GROW & ENHANCER bears part of the costs invoiced by ALMA. The following costs will be borne by the customer:
For payment in 2 installments: 1.55% per transaction
For payment in 3 instalments: 1.55% per transaction
For payment in 4 instalments: 2.35% per transaction
For payment in 10 installments: 11.36% per transaction
The consumer is directed from the www.bloomled.com site to the https://pay.getalma.eu/ site where he must provide all the information necessary for ALMA to study his financing file. The first installment of its payment as well as the fees applied will be debited upon validation of the order, the second installment one month later, and according to the number of direct debits chosen, the third and fourth, respectively two and three months later (depending on a timetable which will be communicated by ALMA). If said financing file is accepted by ALMA, GROW & ENHANCER will process the consumer's order normally. The company GROW & ENHANCER could not replace the company ALMA with regard to the contractual and commercial relations being established between it and the consumer on the occasion of the financing of his purchase, and could not be held responsible in the event of refusal to funding. The company GROW & ENHANCER does not in any case offer any financing by itself and is content to put the consumer in contact with the ALMA service in the event that the latter chooses to contract with the company ALMA. The consumer must be an adult natural person or a legal person, domiciled in France. In the event of withdrawal, the costs paid by the customer as part of the payment in installments will be refunded to him.
4.2.5: Payment with Paypal
The consumer must comply with the conditions of use present on https://www.paypal.com in order to be able to make purchases on www.bloomled.com. The consumer acknowledges and accepts that in case of payment by Paypal, the amount of his payment will be cashed at the time of validation of his order. Payment by Paypal on the www.bloomled.com site is subject to conditions. These remain at the discretion of Bloomled.
4.2.6: Administrative mandate
This method of payment is reserved for French public entities (DOM-TOM included).
To allow the shipment of the order, the "order form" must be returned to the company GROW & ENHANCER stamped and signed by the accounting department of the public entity by email within 10 days. After this time, the order will be automatically cancelled.
Once the order has been dispatched, the invoice will be issued and payment must be made within 1 month maximum.
4.2.7: Payment by bank transfer
Bloomled offers a bank transfer service via its partner Fintecture, approved by the Prudential Control and Resolution Authority (ACPR). Fintecture is secure, and puts the customer in direct contact with his bank. Following the redirection to the interface of his bank, the consumer makes an immediate transfer from his bank account. The order is then immediately validated and processed by Bloomled. The consumer must be resident in the European Economic Area (EEA) and use a bank account belonging to him, also in the EEA. When selecting this mode of payment, the consumer must validate the general conditions of use of Fintecture and by continuing to use this service, accepts without reservation the general conditions of Fintecture. For any question concerning his payment, the consumer can contact Fintecture directly at the address: firstname.lastname@example.org.
Article 5: Delivery
The products are delivered to the delivery address provided by the consumer when ordering online or offline, and only in the delivery areas offered by the company GROW & ENHANCER at the time of the order. The list of these delivery areas is available at any time at the address: https://www.bloomled.com/content/1-Delivery-led-grow-light
In the event that the delivery address is different from the billing address, the consumer should provide these two separate addresses in the order form. Only the delivery address determines the application or not of French VAT or the country of delivery (if applicable), or customs duties.
It is also up to the consumer to provide any information relevant to the delivery when ordering in order to allow the carriers to proceed with the delivery. In the event of erroneous or incomplete information having made it impossible for the carrier to proceed with the delivery, a second delivery will be made after the return by the carrier of the goods to the company GROW & ENHANCER, this subject to the prior payment of the amount new shipping costs from the consumer.
5.2: Delivery - absence
The products ordered are only delivered to their addressee against signature (unless they are light and small products sent in a bubble envelope, which can be deposited in a letterbox directly, or if this option is not not offered by the selected carrier).
The consumer must carry out an examination of the physical state of the package delivered by the carrier, and this in the presence of the deliverer.
Any anomaly noted must imperatively be the subject of handwritten reservations made on the carrier's delivery slip; these reservations must be explained, detailed, dated and signed by the consumer. If the delivery person does not allow the consumer to check the good condition of the package and its contents, the consumer has a period of 10 days to make reservations with the carrier, in the event of an anomaly related to transport.
Beyond this period, no reservation related to transport can be accepted. In case of absence, and according to the carrier selected by the consumer when ordering, the latter leaves a notice in the consumer's mailbox inviting him to collect the products at a given address or to contact him for agree on an appointment for the purpose of making a new delivery.
5.3: Delay - Loss
In case of significant delay or difficulty in locating the package, the consumer can contact the company GROW & ENHANCER which will open an investigation in order to obtain explanations on the mishap or to try to locate the package possibly misplaced by the carrier. The consumer must provide the GROW & ENHANCER company with all useful information to enable him to locate the products ordered through the carrier.
In such a case, the company GROW & ENHANCER is dependent on the deadlines imposed by the carriers concerning the declaration of loss and the reimbursement of the shipment. These times may vary depending on the carrier. In the event of a significant delay, the GROW & ENHANCER company will agree on a new delivery time in agreement with the consumer.
Article 6: Returns
6.1: Right of withdrawal
The consumer has a withdrawal period allowing him to cancel his purchase within 14 clear days of delivery, pursuant to the provisions of Article L 217-4 of the Consumer Code. He must first announce his intention to return the package within the framework of the exercise of his right of withdrawal on the contact page for returns. The consumer can also return the ordered material accompanied by the downloadable document by clicking here. The products delivered must be returned to the company GROW & ENHANCER at the consumer's expense and under his responsibility (it is up to him to carry out the transport insurance), in their original packaging and showing no trace of shock.
Subject to compliance with the above provisions, the company GROW & ENHANCER will refund the products ordered for the amount shown on the order form within 15 days of receipt of the products. No refund can take place if the products are not in their original packaging, in good condition. In accordance with the Consumer Code, audio or video recordings or computer software when they have been unsealed by the consumer are excluded from the right of withdrawal. The right of withdrawal of 14 days from receipt of the goods applies to professionals who (article L121-16-1 of the Consumer Code) have 5 or fewer employees in the company, and if the subject of the contract does not fall within the main field of activity of said professional.
6.2: Terms of returns (excluding withdrawal)
Any return can only be made after obtaining a return number on the return contact page and after having explained the reasons for the return. The return number thus obtained is only valid for eight clear days. The risks of transport are entirely the responsibility of the sender, and it is therefore up to him to carry out all due diligence as to the security of the routing, in particular by insuring its dispatch. The return costs are entirely the responsibility of the sender, except in the case where the return is motivated by an error by the company GROW & ENHANCER in the preparation of the order or in the cases provided for in article 7. In these specific case, the return costs are reimbursed on the basis of a shipment by registered colissimo and on presentation of an invoice from the Post Office. No return can be motivated by a bad appreciation of the technical characteristics of a product or its incompatibility with other devices.
Any return that has not been previously reported to GROW & ENHANCER, does not include a return number, is not properly packaged, concerning a product whose packaging has been opened or which after examination does not prove to be defective, cannot be accepted. It will then be up to the sender to recover his articles at his own expense. If the latter wishes that one or more articles falling within one or more of the preceding scenarios be returned to him, it will be his responsibility to pay the sums necessary for this reshipment beforehand. Repackaging costs may be deducted from any reimbursement sent to the consumer in the event that the returned goods have been accepted by the company GROW & ENHANCER despite minor deterioration of the packaging of the goods (plastic film for example). The provisions of this article do not apply to the returns provided for in article 6.1 of these general conditions of sale relating to the legal withdrawal period as well as within the framework of the legal guarantee of conformity.
6.3: The Bloomled piggy bank:
The consumer's reimbursement can, if he so wishes, take the form of a credit note which will be credited to his “virtual piggy bank”. The sums available in the piggy bank can be used for 2 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 next order is less than that of the contents of the piggy bank, the new balance of the piggy bank will be available in the customer's account immediately after the order.
Article 7: Warranties
The products are guaranteed by their manufacturers for the duration and according to the methods indicated on the description of the products appearing on the site www.bloomled.com and/or on the guarantee form possibly attached to the products upon delivery. In the event of a defective product, the consumer must return it according to the conditions set out in article 7 of these general conditions. No warranty coverage will be possible beyond the warranty period offered by the manufacturer on the products concerned. The costs and risks associated with the return of the defective product are borne by the consumer unless the return takes place within 30 days of the date of the invoice. The company GROW & ENHANCER can not commit to any processing time for the return of defective products insofar as the after-sales service operations are carried out by the manufacturer of the products concerned. The warranty for defective products is subject to full payment of their price by the consumer. Malfunctions caused by improper use of the product or by an external cause (such as an electrical overvoltage in particular) cannot give rise to a guarantee.
When acting as a legal guarantee of conformity, the consumer:
has a period of two years from the delivery of the property to act;
can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the Civil Code.
As part of this legal guarantee of conformity, the company GROW & ENHANCER undertakes to bear all the costs related to the return of the equipment concerned.
Article 8: Customs Duties
Any order validated on the site and delivered outside Metropolitan France and the European Union may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are his responsibility. GROW & ENHANCER is not required to verify and inform its customers of applicable customs duties and taxes. To know them, it is up to the consumer to inquire with the competent authorities of his country. In the event of the recipient's refusal to pay customs duties or taxes, any sums requested from GROW & ENHANCER to recover the package will be deducted from the reimbursement made to the customer.
Article 9: Offers and promotional codes
The promotional codes, vouchers, "sponsorship" offers or "loyalty" offers generated do not apply to gift vouchers or shipping costs, unless the promotional code relates specifically to shipping costs. These offers can be used excluding promotions and exceptional 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 exchangeable for their monetary value. In the event of an item return (refund/credit), promotional codes, vouchers, “sponsorship” or “loyalty” offers can no longer be reused for a new purchase.
Refunds/credit notes following returns will relate only to the sums actually paid, excluding therefore the portion paid for by promotional codes, vouchers, “sponsorship” or “loyalty” offers.
Article 10: Retention of title
The transfer of ownership of the products delivered to the consumer occurs only after full payment of their price and its accessories by him. During the period running until full payment of the price and its accessories, the risks of loss, theft or destruction are the responsibility of the consumer.
Article 11: Personal data
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, Internet users have the right to access and rectify personal data concerning them. These data are only provided for the purpose of delivering the products ordered through the site, by fax, telephone or post. They are mandatory for the processing of the order and any checks carried out to fight against fraud.
If optional data were to be collected, the consumer would be informed of this optional nature. The consumer is advised that the refusal to provide mandatory data results in the impossibility of delivering the products he wishes to order. It is also advised that as part of the verification operations of the information provided when ordering, the data may be transmitted to third parties for the sole purpose of verification. The consumer has the possibility of opposing the possible transfer to a third party of personal data concerning him, except for the third parties responsible for verifying the mandatory data provided during the order, it being specified that this opposition may result in the impossibility of process his order.
The creation of a customer account on www.bloomled.com entails the possibility for the consumer to choose to occasionally receive promotional offers from the company GROW & ENHANCER only, it being specified that each shipment will contain an unsubscribe link allowing him at any time to stop receiving these promotional offers. Information relating to the installation of "cookies" intended to allow and/or facilitate the placing of orders online is available on this page of the site www.bloomled.com. All requests for clarification concerning the personal data and/or the purpose of the processing implemented, as well as the exercise of the rights of access, rectification and opposition will be made to the address email@example.com.
Article 12: Nullity - Tolerance
In the event that one or more of the stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a decision that has become final from a competent court , the other stipulations will retain all their force or scope. The fact for the company GROW & ENHANCER or the consumer not to take advantage of a breach of one of the obligations arising from these general conditions or to tolerate a situation does not have the effect of granting the other party acquired rights. Such tolerance can in no way be interpreted as a waiver to assert the rights in question.
Article 13: Force majeure - Applicable law
The reciprocal obligations resulting from these general conditions are likely to be suspended in the event of the occurrence of a fortuitous event or force majeure. In particular, those usually retained by the case law of French courts and tribunals will be considered as such. These general conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be the subject of an attempt at amicable settlement.