General terms and conditions of sales
These general conditions of sale are intended for two purposes: firstly to inform any potential consumer on the terms and conditions under which the seller makes the sale and the delivery of products ordered; secondly to define the rights and obligations of the parties in context of selling the products by the seller to the consumer. They are applied, without limitation or reserves, to all sales and products provided by the company DRAGON BLEU on its website "www.dragonbleu.fr". Accordingly, for anyone, to order a product offered for sale on the website of the company DRAGON BLEU, signifies full acceptance of these terms and conditions which the buyer confirms to have acknowledges prior to ordering. Any condition, not in compliance with these terms and conditions that the buyer would have made will be rejected, unless DRAGON BLEU has expressly acknowledged its validity in writing. The products are offered for online sale without territory restrictions. The buyer, prior to his order, said s/he has full legal capacity, allowing him (her) to make a commitment in conformance with the present general terms and conditions of sale. The company DRAGON BLEU has the right to modify these General terms and conditions of sale constantly, subject, revealing these modifications on its website.
2. legal informations about Dragon Bleu Company
DRAGON BLEU with a capital of 11,640 euros. Address: 7 rue du Sagittaire, BP 20158, 94533 Rungis, France. Identification number: 453 398 810 RCS Créteil, VAT number: FR 71453398810, SIRET: 453 398 810 00037 APE 4764Z.
Phone: 01 41 73 32 39
Email : [email protected]
Publication manager: Franck Dupuis
3. Website and customer service access
Telecommunication and information technology arrangements enabling access to the site “Dragon Bleu” and customer service are the concern of the customer. The customer shall bear telecommunication costs pertaining to Internet access and use of the website.
4. Customer service
For information or questions, our customer service is at your disposal seven days a week from 10 a.m. to 7 p.m.; and Saturday from 10 a.m. to 7 p.m. - Phone: 01 41 73 32 39 or email: [email protected]
5. Order Online: www.dragonbleu.fr
You can also order by phone: - at 01 41 73 32 39 from France metropolitan and its overseas France. From Monday to Friday, by 9 a.m. to 7 p.m. Contractual information's are presented in the French language and will be subject of confirmation containing this contractual information at last at the time of the delivery. Dragon Bleu reserves the right to cancel or turn down any order from a customer with whom there is a possible litigation relative to the payment of an earlier order. The command (order) of the buyer must be confirmed by DRAGON BLEU, by post or email. The sale will be considered final, only after Dragon Bleu has sent to the customer the acceptance of his order and also after that DRAGON BLEU has received the full payment. The Dragon Bleu advises the buyer to keep these information’s on paper or computer document.
6. Choice of products
After exploring the various features of the products available for sale on Dragon Bleu, the buyer has determined his choice focused on the product(s) under his/her order, under his/her own responsibility- and according to his/her needs- such as s/he beforehand determined them. Furthermore, as the buyer is the only who knows his/her hardware, software, and other configurations; s/he will be the sole judge of the compatibility of the products ordered with his/her materials. Dragon Bleu provides the customer - a phone customer service, a support service by mail - to help him/her in choosing products- as mentioned in Article 4 of these General terms and conditions of sale. It is entirely the customer's responsibility to seek advice where s/he lacks the necessary expertise.
7. Product compliance
If the delivery of a product does not correspond to the order (non-compliant), the buyer must issue a complaint by registered post, with an acknowledgement of receipt, within a delay of seven days of signing the slip of distribution. DRAGON BLEU agrees to reimburse or exchange the product that not corresponds to the order of the buyer. In this case, DRAGON BLEU thanks the buyer for stating it in great detail in writing and for sending back the product(s). After written acceptance, DRAGON BLEU carries out the exchange or the refund of the product(s). Delivery charges will be reimbursed on the basis of the prices billed and the fee of return will be reimbursed. In any case, the buyer will benefit provisions of legal warranty, in particular those relating to hidden defects. After this period of seven days, the delivered product(s) will be deemed to comply with the order and accepted by the buyer.
8. Product availability
In accordance with Article L 111-1 of the Consumer Code, the buyer may, prior to his order, take note on the www.dragonbleu.fr site, the essential characteristics of the product(s) they wish to order. The buyer selects one or several products among the different categories available on the website of Dragon Bleu: books, videos/DVDs, equipments. The offers presented by Dragon Bleu are valid only within the limit of stocks available. For products not stocked in its warehouses, the offers presented by Dragon Bleu are subject to their availability at its suppliers. In the case of unavailability of the product ordered, Dragon Bleu will inform the buyer at the earliest. Pursuant to the provisions of article L121.20.3 of the Consumer Code, Dragon Bleu will have the possibility to provide a product of similar quality and price. If Dragon Bleu fails to use this option, the buyer will be refunded without delay and to the latest within thirty days of payment of the sums that s/he (buyer) paid.
Prices of the products at the Dragon Bleu are quoted in Euros, including taxes, excluding the costs of processing and shipping. Regarding the price of books, these are established in strict compliance with the Lang law 81-766 of 10 August 1981. In this context, Dragon Bleu can offer to customers the best price allowed by the law, a rebate of up to 5% of the price of the publication. This discount is systematically indicated on the product record. For orders to countries other than mainland France, the buyer is the importer of the products concerned. For all products shipped outside the European Union and French overseas territories, the price will be calculated excluding taxes on the invoice. Customs or other local taxes or import fees, or state taxes may be due. These duties and sums do not result from the jurisdiction of Dragon Bleu. They will be at the expense of the buyer. They are entirely the responsibility, both declarations and payments, of the competent authorities and bodies in the country of dispatch. The buyer must inquire about these aspects, with his/her local authorities before placing any order at Dragon Bleu. All orders, regardless of their origin, are payable in Euros. Dragon Bleu reserves the right to change its prices at any time, but the products will be invoiced at the current price at the time that the order is registered.
The buyer declares to have read and accepted these Terms and Conditions before placing his order. The validation of his/her order is worth acceptance of these General Terms and Conditions of sales. By validating his order, when s/he clicks the "Confirm your order" button or link, the buyer accepts unreservedly these General Terms and Conditions of sale, prices, volumes and quantities of products offered for sale and ordered. Unless the contrary is proved, the data’s recorded by Dragon Bleu constitute proof of all transactions between Dragon Bleu and its customers.
Full payment is due immediately on the date of the order. At no time, payments may not be considered as a deposit or an advance. The receipt of the total amount of the order will be carried out by Dragon Bleu at the time of the order dispatch, unless there’s a special mention on the page of the article. All orders are payable in Euros. To settle his order, the consumer has, in his choice, all the payment conditions aimed within the order form: credit card (Blue card, Master card, Visa), bank transfer, cheque or postal money order, against reimbursement. The buyer guarantees to Dragon Bleu that s/he is authorized to use the chosen method of payment, at the registration of the order form. Dragon Bleu reserves the right to suspend or cancel any order and/or deliveries, whatever its nature and state of progress, in event of non-payment of any amount owed by the customer, or of any adverse payment circumstance. Charges on any unpaid amount will be incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. The deliveries of any new order can be suspended in case of delay in payment of a previous order, and that notwithstanding the provisions hereof. Dragon Bleu reserves the right to request a photocopy of the buyer's identity card for any payment by bank card, cheque or against reimbursement. As part of the fight against the fraudulent activities over the Internet, information’s pertaining to your order might be communicated to third parties for verifications. In the particular case of a pre-order product, the buyer's card can be debited up to three days before the shipment of the order.
The website of the bank BICS Banque Populaire, Dragon Bleu’s partner, is the subject of a system of security: it uses the SSL (Secure Socket Layer) encryption system, it also strengthens the whole of the jamming and encryption processes in order to protect more efficiently all the sensible data related to the payment.
13. Retention of title
Until full payment of the products has been received, including fees and taxes, the products remain the full ownership of Dragon Bleu.
14. Delivery and reception
Unless otherwise specified, delivery is made to the address given by the buyer when ordering. In case in which buyer chooses to pay by bank cheque, the order will be processed only on receipt of payment, extending delivery times accordingly. In case of partial availability of articles, Dragon Bleu may need to split the order into multiple shipments. So, items available will be sent initially, and the balance of the order will be sent when all other items will be available. Dragon Bleu proposes to its customers to be delivered by the postal service or by a carrier with making appointments. Large items can only be delivered by a carrier with making appointments setting to the choice of the customer. Lack of compliance with the procedures described below means that no claim by the purchaser will be accepted. Colissimo of the POST: System Features Products are delivered to the purchaser’s domicile by a postman. If the buyer is absent at the time of deliveries, he will receive a notification that the post office agent tried to deliver the ordered, which allows the buyer to claim the ordered products to the closest post office, for a delay of 15 days. The customer shall inspect, in the presence of the postal or delivery agent, the condition of the packaging and its content at the delivery stage. If the customer has any doubts about the condition or contents of the package, it is required: - To apply the Colissimo procedure (in particular to announce any transport damage, all complaints and reserves) and to refuse the goods by immediately lodging a statement of complaint with the employee of the transporter (report 170). - To indicate these incidents to Dragon Bleu. Characteristics of the delivery by carrier with appointment setting: The carrier contacts the customer and agrees with him a meeting. The Customer is responsible for checking, in the presence of the employee of the transporter, the condition of the package and the number of package delivered. In case of doubt, he will be required to refuse the package and report these incidents to Dragon Bleu. Shipment delay Average delays from the departure of Dragon Bleu deposit are: - Colissimo of French post-office: 48 to 72 hours - By carrier with appointments taken: 10 days.This delivery time is for information only. Delivery delays do not constitute a valid reason for compensation, stoppage or cancellation of customer orders.Failure to deliver within this specified time, the customer will have the right to cancel his/her order. All amounts paid by the buyer will be immediately refunded without delay, excluding any indemnities. In the event of a delay in the expected delivery time, the customer must notify Dragon Bleu (post, fax or email) in order to improve the quality of service, and to allow them to conduct an investigation with the carrier. An investigation with the carrier can last up to 21 business days. If the product is located during such time, it will be automatically redirected to the delivery address mentioned in the order form. However, if the ordered product is not found at the end of this period of 21 days of investigation, Dragon Bleu will, at his own charge, proceed to the shipment of the products as they were ordered by the buyer. If the ordered product isn't available anymore, article 8 of the present terms of service will prevail. In the case of a new shipment of the product, the delivery charge will be for the consumer.
15. Warranty against hidden defects and liability
In the case that the products delivered by Dragon Bleu have hidden defects, Dragon Bleu may, at its option, remove the defect or replace the defective product with another. If Dragon Bleu does not want to rectify the defect or replace the defective product, or if Dragon Bleu is unable to do so, or if Dragon Bleu cannot make it in time, because of something which do not depend on its will nor on its done, it may, at his choice, send to the company an against reimbursement of the price and the cost of return, or request a reduction of the selling price. The products offered are in compliance with the French legislation in force. Dragon Bleu declines any responsibility on the assumption or the delivered product would not respect the legislation of the country of delivery (censorship, banning of an author or a book). Similarly, its liability can be accepted for the content of sites to which hyperlinks can refer to from its site. Dragon Bleu is committed to provide all the care necessary for the best service to ensure professional customer service. Nevertheless, it cannot be held responsible for failure to meet contractual obligations in the case of fortuitous events or, in case of Force Majeure such as - but not limited to- natural disasters, strikes, fires, floods, malfunction or breakdown of equipment, means of transport, communication or because of the buyer's behaviour.
16. Right of withdrawal
In accordance with Article 121-21 of the Consumer Code, you have a period of 14 days from receipt of your order to exercise your right of withdrawal.
In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for the orders of the products mentioned below:
- Unsealed products after deliveries, and cannot be returned for hygienic reasons (non-limited example, underwear, groin guard, mask, mouth guard, helmet, ear guards)
- Products made to the consumer's specifications or clearly personalized (special embroidery on kimonos, belts or other products)
- The products liable to deteriorate or expire rapidly (e.g. food or liquid food)
- Audio or video recordings that have been unsealed by the consumer (that means when the blister has been opened, removed or torn, such as for CD and DVD).
In case of exercising the right of withdrawal, the products must be returned in their original packaging, properly in perfect condition for resale, in their original condition (not damaged or soiled by the customer), accompanied by the feedback form/withdrawal.
Exercising the withdrawal right will involve the refunding of the amount paid at the time of order (delivery costs included) as soon as possible and no later than 14 days from the date of receipt of goods by our customer service. Reimbursement will be made on the means of payment used when buying online. The expenses of return are at your cost.
Be sure to keep the proof of shipment of your return, which means a written statement from a transportation service provider or postal indicating the sender and recipient of your return, and justifying the effective sending of goods. In case of non-receipt of your return by our warehouses, we may have to ask you its proof of shipment.
17. Exchange or refund
You can return your items within 30 days of receiving your order. The return must be made only by the postal service’s agents. All returned items will be checked. They must be unused, new, with labels and in their original packaging, to be marketed again on our website. Hygienic products and underwear (groin guards, mask, mouth guards, etc.), customized products at the request of the buyer and the food, cannot be returned nor exchanged.
You must enclose the return form in your package, preferably with your invoice; and include your order number. This number is visible in your account, "My orders" rubric and in the order confirmation email subject.
Any returns not meeting the conditions mentioned above, is likely to be rejected by our services.
Dragon Bleu offers you 3 options, in case of return :
- Product exchange (subject to availability of the requested size and model)
- Refund (Dragon Bleu refund the amount paid by the same payment method that you used when purchasing)
To download the return form, click here
The return address is :
Dragon Bleu – Service Retour
7 Rue du Sagittaire
18. Intellectual property
All the texts, comments, works, illustrations and images reproduced on the Dragon Bleu site are reserved under copyright and intellectual property, for the whole world. As such and in accordance with the French Code of Intellectual property, only private use is authorized, subject to different provisions or more restrictive from the code of Intellectual Property. Any total or partial reproduction of the Dragon Bleu website is strictly prohibited. Some products, such as DVD are the subject of the right to personal and specific use regulating copies, public broadcasting and renting. You must respect the general terms and conditions of sales of these products and Dragon Bleu cannot be liable of the uses of the products in this context.
19. Partial non-validity
If one or more stipulations in the present general conditions are held to be non valid or held to be such by any legal or regulatory body, or any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, the other provisions shall remain valid and binding.
20. Applicable law and competent courts
This agreement is subject to French law. The original version of this contract use French language. In the event of litigation, the French courts will be only qualified.
21. Personal data protection
Information obtained by Dragon Bleu during the course of Customer orders is necessary to the management of such orders by Dragon Bleu and its commercial partners. In accordance with the Data Protection Act 78-17 of January 6th, 1978, the buyer has right of access, rectification, opposition and deletion of data concerning him/herself, at Dragon Bleu.
Through Dragon Bleu, the buyer may receive commercial offers from other organizations or companies, or be informed of Dragon Bleu offers. If the buyer does not wish to receive these proposals, s/he can inform Dragon Bleu by post to DRAGON BLEU, 7, rue du Sagittaire, BP 20158, 94533 Rungis, France, or by email to [email protected]
The website www.dragonbleu.fr is hosted by the OVH company
RCS Roubaix - Tourcoing 424 761 419 00045
APE code 6202A
VAT number: FR 22 424 761 419
Headquarter: 2 rue Kellermann - 59100 Roubaix - France
Intellectual property: All content and photographs on the site www.dragonbleu.fr are subject to L.111-1 and L.123-1 articles of the code of Intellectual property and are the exclusive property of the Dragon Bleu company. No use for commercial purposes may be made without prior agreement from Dragon Bleu.
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