GENERAL CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by BLProd. Throughout the site, the terms "we", "us" and "our" refer to BLProd. BLProd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to this store in the future shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms of Service will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to anyone at any time, for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or contact on the website through which the Service is provided, without express prior written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our site will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may take the Site offline for indefinite periods of time or at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
ARTICLE 14 – COMPENSATION
In the event of a dispute between you and us, the final decision of which is in our favor, you agree to compensate BLPROD according to the rules in force and according to the verdict given.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision may be amended to ensure that it complies with the law. This shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any other policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services will be governed and interpreted under the laws in force in France and in the European Union.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the General Conditions of Sale and Use should be sent to us by email at contact@humagreen.fr or by post to BLPROD - HUMAGREEN, 17 rue Jules Ferry 25600 NOMMAY, France.
ARTICLE 21 - LEGAL GUARANTEE OF CONFORMITY
The legal guarantee of conformity of the goods to the contract (as defined in Articles L. 217-4 to L. 217-14 of the Consumer Code) may be exercised by the customer. This guarantee applies in all cases, in compliance with the conditions that govern it.
The legal guarantee of conformity applies independently of the commercial guarantee that we offer.
We are required to deliver goods to the buyer that conform to the contract. If we fail to do so, we may be held liable for any defects.
A product is considered compliant, according to article L. 217-5, when it is suitable for the use usually expected of a similar product, and where applicable:
- when it corresponds to the seller's description and has the qualities presented in the sample or model;
- when it presents the qualities that a consumer can legitimately expect following the public declarations of the seller, producer or representative (advertising, labeling, etc.);
- when it presents the characteristics defined by the parties or when it is suitable for the use sought by the buyer, known to the seller and accepted.
If you wish to invoke the legal guarantee of conformity, you have two years from delivery of the goods to act. You are exempt from providing proof of the existence of the lack of conformity of the goods. Lack of conformity appearing within 24 months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. It is up to us to provide proof that the defect did not exist at the time of purchase of the product.
If it cannot be proven that the non-conformity did not exist at the time of delivery of the goods, you can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. If neither solution is effective within one month from the date of your complaint, you may request a full or partial refund of the item concerned.
As part of the exercise of the legal guarantee of conformity, no costs may be charged to you.
You will not be able to claim the legal guarantee of conformity in the following cases:
- if you were aware of the defect at the time of purchase;
- if you could not ignore the defect at the time of purchase;
- if the defect results from materials or elements that you have supplied to us yourself.
If a non-conformity is found on a product sold by BLPROD, you can report it to us and invoke the legal guarantee of conformity within the time limits mentioned:
- by email to contact@humagreen.fr
- or by mail to: BLPROD - HUMAGREEN, 17 rue Jules Ferry 25600 NOMMAY, France.
ARTICLE 22 - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
We are required to comply with the legal guarantee against hidden defects in the products we sell within the meaning of Article 1641 of the Civil Code.
The legal warranty against hidden defects covers all costs incurred due to hidden defects. To be considered a hidden defect, the defect must predate the sale and render the product unfit for its intended use.
If you notice a hidden defect, you can invoke this guarantee and choose between cancelling the sale (returning the product for a refund) or a reduction in the sale price (keeping the product and receiving a partial refund), in accordance with Article 1644 of the Civil Code.
The time limit for action is two years from the discovery of the defect.
You can contact us to report a hidden defect and claim this guarantee:
- by email to contact@humagreen.fr
- or by mail to: BLPROD - HUMAGREEN, 17 rue Jules Ferry 25600 NOMMAY, France.
ARTICLE 23 - MEDIATION
In the event of a dispute regarding your order, we suggest that you first contact us at the email address contact@humagreen.fr or by mail at the address BLPROD - HUMAGREEN, 17 rue Jules Ferry 25600 NOMMAY, France.
Please know that we will always do our best to agree on an amicable solution depending on your situation.
However, if our proposals do not seem acceptable to you, you have the right to seek assistance.
You can also choose to call upon a consumer mediator free of charge to assist you in the event that you dispute the resolution of your complaint submitted to our services.
In accordance with Articles L.611-1 to L.616-3, here are the contact details of the consumer mediator to whom we report and whom you can contact for assistance:
The FEVAD E-Commerce Mediator Service, 60 rue de la Boétie, 75008 Paris, France.
For any mediation request, you can go to the website
https://www.mediateurfevad.fr or send an email to mediateurduecommerce@fevad.com.
The purpose of this system is to reach an agreement to amicably resolve a dispute between us, with the help of a third party.
The mediator can only be contacted at your initiative; however, you can only contact him if you have previously made a written request directly to us or our customer service to attempt to resolve the dispute. If this request has not been made, the mediation request will be inadmissible.
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, here is the link to the online dispute resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If you paid for your order via PayPal, you also have protection through the PayPal Platform, where you can request mediation.
ARTICLE 24 - RIGHT OF WITHDRAWAL
Since we sell products remotely, you have a right of withdrawal which is regulated by articles L.221-18 et seq. of the Consumer Code.
Your right of withdrawal can be exercised within 14 days after the date of receipt of your order.
You can exercise your right of withdrawal without having to provide reasons or pay any penalties, except for the cost of returning the item for which you are exercising this right.
However, please note that your right of withdrawal can no longer be exercised if you have used the product, for reasons of hygiene and health protection.
1) Terms of exercise of the right of withdrawal
If you have not used the product and wish to exercise your right of withdrawal, you can do so within 14 days of receiving your order, by sending us an email (to contact@humagreen.fr) or by registered mail (to the address BLPROD - HUMAGREEN, 17 rue Jules Ferry 25600 NOMMAY, France ) the form provided for this purpose.
You will find the withdrawal form at the following link: https://humagreen.fr/pages/formulaire-de-retractation as provided for in the annex to article R.221-3 of the Consumer Code.
You will not be able to exercise your right of withdrawal under any circumstances by simply sending the product directly, without having first made a request to us via the form mentioned and without having used a reliable means of dating your request.
2 ) Return terms
From the receipt of the withdrawal form (by email or registered letter), you have a maximum of 14 additional days to return, at your own expense, the product(s) concerned by your request.
The product(s) must be accompanied by the duly completed return form and must be in their original, unused condition (including packaging, accessories and everything relating to the order).
The tracking number of the returned package must be provided to us so that we can have information regarding the date the package was sent.
The costs and risks associated with returning products are your responsibility. Since returns are made within mainland France, you can check the rates associated with your shipment based on its weight on the websites of the carrier you choose to choose the one that best suits your needs.
We invite you to keep any proof of this return allowing you to know with certainty the date of dispatch of your package.
3) Refund
If all of the above conditions are met, we will refund the amounts you paid for the returned item(s). If your withdrawal concerns the entire order, the shipping costs for your initial order will also be refunded if you had paid any.
This refund will be made using the same means of payment as that used for the initial transaction, within 14 days from the date of exercising the right of withdrawal. This refund will however be deferred until the date of receipt of the returned products or until the customer has provided proof of shipment of the products concerned.
ARTICLE 25 - OPPOSITION TO TELEPHONE CANVASING
The French Consumer Code provides a mechanism allowing consumers to opt out of telephone canvassing. We inform you of your right to register free of charge on the Bloctel telephone canvassing opt-out list (Article L.223-1 of the French Consumer Code).