Terms & Conditions

Preamble

 The terms & conditions proposed by the website http://www.blomkal.com ( hereinafter referred to as the “Site”), registered at the Chamber of commerce in Charente, under the number 527 525 588. The head office is located at 16 road saint André, 16000 Angoulême ( hereinafter “Blomkål” or the “Seller”).

The user visiting the Site, designated “Customer”, is a physical person over 18 years or a legal entity with all the powers to conclude the purchase, residing in France or abroad, and interested in the products proposed by the Seller.

The Customer should read the Terms & Conditions before making an order on the Site. The Terms apply to all contracts modes offered by Blomkål, which could be either by phone, on the Site or by email.

By making purchases on the Site, the Customer acknowledges that he/she has read, understood and agreed without exception to these general terms and conditions of sales, governed by the French law. The Customer renounces any contradictory document, which would be enforceable against Blomkål. Clients une variété

Blomkål reserves there right to modify the Terms & Conditions at any time and therefore invites Customers to regularly check them. Terms & Conditions applicable at the time of the order will remain unchanged for said order despite any subsepuent changes.

Article 1 Application of Terms and purpose of the Site

The present Terms & Conditions lay down the contractual terms, which aim to define the rights and obligations applicable exclusively to any product purchase made on the Website by a buyer with the quality of consumer, called Customer.

The site aims to offer to the Customer a variety of furniture (hereinafter “Products”) to distance selling.

Article 2 – Products

2 .1 – Products features

Prior to his/her order, the customer can read the main products features they wish to order by consulting the pre-contractual information provided by Blomkål.

The photographs illustrating the products on the website are as accurate as possible. However, Blomkål does not guarantee the perfect similarity of these photographs with the products offered, particularly as regards with the colors and wood shades.

2.2 – Warranty and marketing of the products

All products sold on the website are in accordance with the legislation of the European community in force and applicable standards in France.

In case of non-compliance with the legislation of the country where the Purchaser would deliver the goods, the responsibility of Blomkål could not be committed.

In any case, it is the Customer to ensure that the country in which he or she buys Blomkål products adopts the French standard requirements.

Product offers proposed are in the limit of the available stockwithout particular commitment of the Seller.

Article 3 – Product prices and shipping costs

The price list is agreed in Euros, including VAT at the date of the order and without the participation fee for processing and transportation.

Blomkål reserves the right to reflect any change in the VAT rate on the price of the products. Seller also reserves the right to change the prices at any time. However, the prices appearing the day of the order will only be applied to the Customer.

Article 4 – Customs

Toute commande passée sur le Site http://www.blomkal.com et livrée en dehors de la France pourra être soumise à des taxes éventuelles et à des droits de douane qui sont imposés lorsque le colis parvient à sa destination. Ces droits de douane et ces taxes éventuels liés à la livraison de Produit(s) sont à la charge et relèvent de la responsabilité du Client.

Any order placed on the website www.blomkal.com and delivered outside of France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These possible customs duties and taxes related to product(s) delivery are paid and are the responsibility of the Customer.

Article 5 – Payment

The payment of the Products ordered may be made by:

– Credit card (VISA or Mastercard)

– Paypal,

– Bank Transfer.

When paying by bank transfer, delivery defined in Article “Delivery” of these Terms shall run only from the date of actual receipt of full payment by the Seller, the latter may bring in proof by any means.

The online payment service is secure but does not contain any additional insurance policy, particularly in case of theft of the Customer’s credit card.

Blomkål will archive purchase orders and invoices on a reliable and durable support establishing a true copy in accordance with the provisions of Article 121-16-3 of the Consumer Code. The parties will consider the records as proof of communications, orders, payments and transactions between the parties.

Article 6 – Payment

In the event of late payment, Blomkål may suspend all current orders, without prejudice to any other action.

Under the command control, the seller can also carry out a verification to validate your order. These controls are designed to protect Blomkål abusive practices. At the time of the inspection procedure, the seller may have to ask all the parts required to validate your order: proof of address and / or contact details of the credit card holder, or other identity documents.

We remind you that you have a right to access, rectification and opposition to all personal data by writing by letter or e-mail: contact@blomkal.com.

ARTICLE 7- Risks transfer

From the date of shipment of the order, the product ownership is moved to the Customer, except if the Seller has not received the full payment when the Client ordered.

Indeed, the ordered products remain the property of Blomkål until full and final payment of the price under the terms of Law No. 80 of 12 May 1980. 335b Blomkål reserves the right to claim the ordered products in case of default payment of delivered products. In this circumstance, and upon request, the Customer consumer must return any unpaid product, all at his own expense.

Article 8 – Customer service

The customer service of this Site is accessible by email to the following address: contact@blomkal.com or by post to the following address:

Blomkål

16 rue Saint André

16000 Angoulême

Blomkål also offers its Clients a telephone number to answer all their questions. The telephone number is: 0980811946.

ARTICLE 9 – Execution and delivery

The order will be shipped in a minimum period of 30 days or 40 days after placing the order subject to the specificity of the product ordered. Blomkål undertakes to inform you as soon as possible by showing you for delivery.

The deadlines and delivery costs are indicated in the section “order and delivery” of the Site. For any other place of delivery, it will be up to the Customer to contact the Seller.

The delivery begins upon delivery of the product to the carrier.

ARTICLE 10 – Absence of the Buyer

In case of absence at the time of delivery, the carrier files a notice at the delivery address indicated by the Customer.

If the customer is not present during the delivery, the item(s) will be forwarded to the carrier’s logistics center and a second delivery attempt will take place.

ARTICLE 11 – Reception / complaints, returns and retraction

The slip dated and signed by the Client constitutes evidence for issuing and receiving. The Customer must verify compliance and content of the Product(s). Blomkål is not responsible for the transportation. The Customer shall exercise any recourse against the carrier for delay, damage, total or partial loss or occurrence of another problem. Therefore, upon delivery, the Customer must proceed to the observation of the state of the products delivered before signing the acknowledgment of receipt. If the customer finds anomalies, it must refuse delivery of products or issue handwritten, precise and dated. These reservations must be confirmed by registered letter sent to the carrier with acknowledgment of receipt within three (3) working days of delivery of products. A copy should be addressed to Blomkål.

11.1 Complaints

A handwriting letter must be made immediately upon receipt, for any claims for non-compliance of the products delivered by Blomkål. Buyer must keep the packaging and the delivery. This request must be justified and accompanied by supporting (including photos) and must be carried out during the 5 days of receipt.

Upon receipt of the claim by the Buyer, Blomkål undertakes to treat the claim as soon as possible by proposing the replacement of the defective product.

Unless otherwise mandatory, the Customer consumer can not claim any other compensation or damages.

11.2 Withdrawal

In accordance with Article L.121-21 of the Consumer Code, the Customer has a period of fourteen (14) business days from the date of Product receipt of the order or conclusion of the contract for services, to retract. He will be required to return any product that does not suit and ask exchange or refund without penalty, except for return shipping costs, within fourteen days from the receipt by Blomkål.

The Product must be returned in perfect condition. If applicable, it must be accompanied with all its accessories. Below, the Customer Consumer can find a standard form for withdrawal of an order placed on the Site in order to contact Blomkål.

If impairment of Products resulting from the handling other than those necessary to establish the nature, characteristics and functioning of the Product (s), the responsibility of the Customer may be committed.

In accordance with Article L121-17 of the Consumer Code ( “Hamon Law”) in June 2014, following the withdrawal standard form for an order placed on the website:

Withdrawal form (Complete and return this form only if you wish to withdraw from the contract.)

________________________________________

Attention to Blomkål E.I., 16 rue Saint André, 16000, Angoulême

I / We (*) notifies you / Notifies (*) by my / our (*) Cancellation of the contract for the sale of the property (*) / for the provision of services (*) below:

Ordered (*) / received (*):

Name (s) Client (s):

Address (es) Customer (s):

Signature (of) the customer (s) (only if notification of this form on paper):

Date:

(*) Delete as appropriate.

 

11.3 Refund / Voucher

The refund or the credit will be made using the same payment method as that chosen by the Client for the initial transaction, unless express consent of the client to which the Seller uses a different method of payment, and to the extent the repayment does not incur any fees for the Client.

Seller reserves the right to defer the refund or the voucher until the receipt of the product(s) or as long as the customer has not demonstrated that he made shipping the product.

 

ARTICLE 12 – Force majeure

Blomkål can not be held liable for any loss or damage resulting from any delay or failure in performing all or part of the contract when such delay or failure is due to events or causes beyond its control.

Are considered as force majeure releasing the seller from its obligation to deliver, in addition to those usually retained by the jurisprudence of courts and French courts, war, riot, fire, strikes, accidents and the impossibility to be supplied.

Article 13 – Droits de propriété intellectuelle

The information required for your purchase collected by an order is only intended to Blomkål and carriers or persons responsible for setting, for the proper execution of your purchase.

In accordance with the law “and Freedoms” n ° 78-17 of 6 January 1978 you have a right to access, modify, rectify and delete personal data about you. You also have the right to oppose, for legitimate reasons, to the computerized processing of data. For this, please send a letter stating your request to the following address: 16 rue Saint André, 16000 Angouleme.

ARTICLE 14 – Limited liability

The Client, prior to his order, states to have full legal capacity to engage under these Terms without taking responsibility of Blomkål in this regard.

Responsibility for Blomkål will not be sought in all cases where the non-performance would be the Client or in the case of the occurrence of a force majeure event. Blomkål not responsible attended by direct or indirect damages caused during the use of the Site.

In any event, if Blomkål responsibility were to be retained solely with the signing order because of an injury suffered by the Customer, it will be irrevocably limited to the amount of the order in question paid by the Customer.

ARTICLE 15 – Applicable right

The Terms are subject to the French law.

In case of difficulties in implementing the Terms, the parties will prefer an amicable solution before any legal action.

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