General Terms & Conditions of On-line Sale
Welcome to the France and International black|Up Website, published by black|Up, a limited liability company (SARL), with capital of 4,500,000 euros, registered in the Paris Trades and Companies Register under number 423 015 494 and whose registered office is at 16 avenue Pierre 1er de Serbie, 75116 Paris. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to, without limitation or qualification, these Terms and Conditions of On-line Sale.
These terms and conditions are intended to define the on-line terms of sale of black|Up products to customers as well as the rights and obligations of the parties arising from the on-line sale of products offered on the site.
black|Up reserves the right to update the Terms & Conditions of Sale at any time.
All content available on the Website, including, but without limitation, text, graphics, logos, icons, images, audio clips, data compilations and software, is owned by black|Up and is protected by Copyright legislation.
Neither the content nor the trademark may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or otherwise exploited, in whole or in part, for any purpose whatsoever without our prior written consent.
The products offered for sale by black|Up are those listed on the site on the day of the consultation of the site by the customer, and within the limits of available stocks. black|Up reserves the right to withdraw products from sale at any time.
The information, photographs and catalogue graphics are only indicative and are in no way binding on the merchant. Any description that contains incorrect information will be removed from the site or replaced with correct information as soon as possible.
The distribution of products or samples is made on French territory and abroad.
The selling prices of the products are those in effect at the time of the registration of the order excluding shipping costs. Selling prices are firm and are in Euros.
The selling prices of products may be changed at any time due to the occurrence of external events.
Shipping costs are charged to the customer and are invoiced in addition to the price of the products, according to the amount of the order.
Shipping costs shall be shown when the customer registers the order.
Orders placed through the website commit the purchaser on acceptance of the order given by the buyer on the website.
From the time the customer has registered his order, he is deemed to have accepted, knowingly and without reserve, the prices, volumes and quantities offered for sale and ordered.
The products are intended for personal use by the customer. Products purchased on the site may not be resold.
Unless the server is unavailable, and after final confirmation of the order, the customer may make payment for it on the site by bank card (Carte Bleue, Visa, Mastercard). Bank transfers may also be made.
Payments by cheque are not accepted.
When the customer elects to pay on-line by bank card, all data entered (number and expiry date of your card) are immediately encrypted (using SSL) and permanently stored on our bank's secure payment server. This information is known only by the bank's servers. None of the customer's payment data is stored on the www.blackup.com site, eliminating any risk of fraud due to hacking of the site.
For information or further assistance, the Customer Service Department is available to the customer on +33 (0) 1 49 96 47 90 from Monday to Friday from 9 am to 6 pm.
black|Up reserves the right to refuse any order or delivery in the case of a dispute with the customer, of total non-payment of a previous order by the customer or a refusal to authorise bank card payment by the banks.
The products are delivered by Colissimo within a maximum of 10 working days for Metropolitan France and within 10 to 25 working days for the rest of the world.
For an order paid for by bank transfer, the period indicated begins from the time the transfer was actually credited to black|Up's bank account.
The shipping costs are calculated as a flat rate as follows:
- Metropolitan France for orders below €60: €5
- Metropolitan France for orders above €60: free
- Europe: €11
- Asia and Oceania: €24
- Rest of World: €19
black|Up reserves the right to modify them at any time.
Deliveries shall be made only to fixed addresses and therefore exclude hotels, post office boxes, poste restante/general delivery, unfixed home addresses or domiciles (camp sites, caravans, mobile homes etc.).
Delivery is deemed to have been made as soon as the product is made available to the customer. It is the customer's responsibility to check the shipment on arrival and to indicate any reservations and make any claims which appear justified.
If the products delivered do not comply in kind or quality with the specifications shown in the delivery docket, the customer must, on pain of forfeiture, make any claims within eight (8) days of delivery, in writing to our Customer Service Department (letter to be sent to: black|Up, 16 avenue Pierre 1er de Serbie, 75116 Paris) or by email to firstname.lastname@example.org.
Retention of title
The seller retains full and complete ownership of the products sold until full payment of the main price including costs and taxes.
The transfer of risks related to the product will be made on delivery to the carrier of the product ordered. It is the customer's responsibility to arrange at his own expense, insurance to cover all risks, including loss and damage.
Right of withdrawal
In accordance with the provisions of Article L.121-20 of the Consumer Code, the customer has a period of seven (7) whole days to return, at his own expense, the product(s) that he has ordered if he is dissatisfied with it/them and to cancel his order. This period starts from the date of delivery of the order.
The product(s) shall be returned in its (their) original condition and its (their) packaging, unopened, accompanied by the delivery docket and invoice to the following address: black|Up, 16 avenue Pierre 1er de Serbie, 75116 Paris.
Return costs shall be paid for by the customer.
Any risk associated with the return of the product(s) is the customer's responsibility.
If the above conditions are met, black|Up shall refund the customer for all amounts incurred by him in connection with the purchase of the products concerned, including the costs of returning products, within thirty (30) days from the date the client's right of withdrawal was exercised in accordance with Article L.121-20-1 of the Consumer Code.
When registering on our site, the customer shall receive an email address or user name and password for his account. It is the customer's responsibility to keep his account, user name and password confidential and control access to his computer. The client therefore accepts responsibility for all activities that are carried out using his account, his user name or password. The customer agrees to provide only accurate and truthful information.
The user name and password chosen by the customer are items of identification allowing access to and the use of certain sections, features, pages, content or services on the Website. They are personal and not transferable.
black|Up may place a cookie on the customer's computer. This tool is designed to record information about the navigation of the customer's computer on the site (pages viewed, date and time of visit etc.) that black|Up may read during subsequent visits by the customer. Such information is stored on the computer for one year.
The customer may prevent cookies being stored by configuring his browser to do so.
The seller, within the process of selling on-line is bound only by an obligation of means. Its liability may not be involved for damage resulting from the use of the Internet such as data loss, hacking, viruses, a break in service, or other unintended problems.
These terms and conditions of sale are governed by French law. For all disputes relating to this contract between the seller and the buyer, the Commercial Court of Paris shall have exclusive jurisdiction.
Under the Data Protection Act of 6 January 1978, the customer has a right to access and rectify data concerning him and stored by the merchant.
General Terms & Conditions of On-line Sale dated 25 May 2011.