FQP Network Company is the owner of the e-business website accessible via the Internet network at the address: http://www.bluepearls.fr (hereinafter referred to « the website » or «BLUE PEARLS»).
The User and BLUE PEARLS will be designed as "the Parties" and individually mentionned as "The Party". The User who place an order will be designed as "the Customer" or "the Purchaser".
The User wishing to purchase online via the BLUE PEARLS website formally declares that he/she has full legal capacity enabling to engage under these general terms and conditions.
Any order for a Product offered for sale on the BLUE PEARLS Website assumes that the User has read and expressly accepted these Standard Terms & Conditions of Business.
These Standard Terms & Conditions of Business firstly inform any potential consumer about the terms and conditions of the sale made by the seller and the shipping of the ordered products, and secondly, they determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website.
Accordingly, for any person to order a product offered for sale on the website of the company FQP Network wins full acceptance of these terms and conditions of sale which Buyer acknowledges having read before ordering.
The company FQP Network will be able to change these Terms and Conditions anytime.
2. Company Identity
Name: FQP Network
Address: 19 Route de la PEYRIERE
06250 - MOUGINS - FRANCE
SIREN No : 494519408
Registered with the Cannes Register of Companies & Commerce under number B 433 342 334 00029
3. Access to the Website
The User has the own responsibility of setting up the information technology and telecommunication means allowing the access to the website.
The User has to clear the telecommunication costs when accessing or using the BLUE PEARLS website. Telecommunication fees are the Customer’s own expenses.
4. Conclusion of the contract and orders
The prices for the Products online on BLUE PEARLS are shown in euros and the products will be invoiced on the basis of the prices in effect at the time the order is registered by the Customer.
The prices do not include the picking and shipping fees that will be invoiced in addition to the prices of the ordered products, depending of the order amount.
The prices are inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order. Any applying rate change will impact automatically the prices of products sold by the Website.
Prices can be modyfied by FQP Network anytime. Changes will be mentionned to the Purchaser before ordering.
The products remain the property of FQP Network until full payment.
4.2. Products Features
In accordance with the article L. 111-1 of the French Consumer Code, previous to the order, the Customer can read and be aware of the products main features he/she wish to order on the BLUE PEARLS website.
Buyer select one or several products among the different categories available on the site BLUE PEARLS.
The Buyer having considered the products and their characteristics, marketed by BLUE PEARLS, has under its sole responsibility and according to his needs as a previously determined before any order, turned his choice on the products or making the object of the order. In addition, the Purchaser knowing only the products he owns and uses, is the sole judge of the compatibility of products ordered with those used by him.
It belongs exclusively to the Buyer, if he does not feel competent enough, to be assisted by counsel.
The offers presented by BLUE PEARLS are valid while stocks last. For products not stocked in its warehouses, the offers presented by BLUE PEARLS are valid subject to availability from suppliers.
BLUE PEARLS reserves the right to change the product mix according to particular constraints related to its suppliers.
The photographs, graphics and descriptions of products offered for sale are only indicative and not binding on the seller.
Should a supplier modify a product, the graphic representation of it does not engage the responsibility of the seller or even affect the validity of the sale.
Any order assumes that the Customer has read and expressly accepted these Standard Terms & Conditions of Business.
The Customer can read and be aware of the products main features he/she wish to order on the BLUE PEARLS website.
Users can freely browse the pages of the Site without being committed to an order.
If the user wishes to order, he chooses the different Products in which he has an interest, and manifest such interest by clicking on the box "Add to Cart ".
At any time the User may:
- Get a summary of the Products selected, clicking on "My shopping cart "
- Continue to select Products by clicking on "continue shopping,
- Finish selecting Products and order products by clicking on "Payment ".
To order the Products he has selected, after clicking on "cart and checkout ", the User must identify himself, either by entering their email and password if already placed an order with BLUE PEARLS or by completing the appropriate form otherwise. In the latter case, the user must accurately complete the form available to him, on which he will notably include the information necessary for identification, including your full name, postal address and email.
The User is informed and accepts that the seizure of these two identifiers (email address and password) is proof of his identity and his consent.
Once identified the user, it will confirm the delivery address (as specified in section 4.4 below) and an order form will appear, summarizing: the nature, quantity and price of selected products by the user, and the total amount of the order, the User's contact details, the address of delivery of the Products.
4.4. Definitive Registration of the Order
After learning of the status of his order, and once all information requested has been completed by the user, it will click on "Click the payment method of your choice" to confirm their order . The User must transmit his credit card number, depending on the type of the latter, the expiration date thereof and the security code (3 digit number on the back of the card).
You can pay by credit card. Payment is secured thanks to S.S.L. (Secure Socket Layer) protocole via system the SP PLUS system of the Caisse d'Epargne. The Customer's bank details will never pass through the BLUE PEARLS computerized system.
Once payment has been confirmed, the User’s order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser. The order form is registered in BLUE PEARLS’ computerized records (which are themselves stored on a durable reliable back-up support), and will be deemed to be proof of the contractual relationship between the Parties.
In accordance with the Article 8 hereafter, the Purchaser shall have a period of fourteen (14) working days from the date the order is delivered, then also a period a fourteen (14) working days from the date the Purchaser gets an authentication number from the BLUE PEARLS Customer Service, within which to return the Product(s) ordered, at his or her own cost, should they fail to give satisfaction and to ask for a refund.
4.5. Confirmation of the order
Once payment has been confirmed (with his/her card number and the expiration date), an electronic receipt summarizing the order will be sent to the Purchaser’s e-mail address as provided on identification.
The sale will become irrevocable as soon as the confirmation of order has been sent to the Purchaser by BLUE PEARLS and after the whole price has been cashed.
BLUE PEARLS recommends the Purchaser to keep this information on a paper document or computerized document.
The sum owed by the Purchaser is the sum indicated on the confirmation of order sent by e-mail by BLUE PEARLS.
Payment must be made when ordering by the Buyer. At no time, payments can not be considered as a deposit or deposits.
All orders are payable in euros.
Payment will be made unless the server is unavailable immediately on the Internet by credit card (Visa, Eurocard / Mastercard). It is specified that only the bank cards issued by a French financial institution will be admitted.
In any case, BLUE PEARLS reserves the right to refuse any order or delivery in case of existing dispute with the Buyer, total or partial non-payment of a previous order by the Purchaser of denied authorize payment by credit card banking organizations, non-payment or partial payment. Responsibility for BLUE PEARLS will not be in no event be liable in this respect.
BLUE PEARLS will be able to ask for a photocopy of the Purchaser’s identity card and/or credit card for any credit card payment.
As part of the fight against Internet fraud, information about your order may be passed on to third parties for verification.
To ensure the security of credit card payment, the customer is obliged to transmit to the BLUE PEARLS security code (CVV) of his bank card.
Products are delivered with the corresponding invoice, to the delivery address indicated by the Purchaser as provided on identification.
The mentioned delivery times are indicative from the day after the order confirmation by the Purchaser. They correspond to products picking and delivery times. They will never be forceable but in case of unusual delay, an email will be sent to you.
BLUE PEARLS disclaims any liability for too long delivery time due to postal services or transport, and in case of loss of the Products ordered or strike. Transport risks are borne by the Buyer, who must make a reasoned protest with the postal services or with the carrier within three working days of delivery.
That said, despite the care taken by BLUE PEARLS in preparing the package, there may be a product is missing. Similarly, after transport package, one of the products may be defective.
On receipt of the Products ordered, the Purchaser must check the Products are compliant. The Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) the same day or no later than the first working day following arrival of the goods, to the BLUE PEARLS Customer Service Department, by mail to:
BLUE PEARLS – Customer Service - 19 Route de la PEYRIERE - 06250 MOUGINS - FRANCE
Any claim made after this time will be rejected and BLUE PEARLS will be released from any liability. BLUE PEARLS reserves the right to request the Buyer to return the defective product.
If the above conditions are met, BLUE PEARLS will then either exchange or refund (of) product (s) defective, or the return of the missing product (subject to the merits of the request of the Purchaser ).
7. Delivery times
Products will be delivered to the address indicated on the order form by the Purchaser.
In accordance with Article L. 121-20-3 of the French Consumer Code, the order will be fulfilled no later than thirty (30) days with effect from the following day after the Purchaser has confirmed his or her order, provided the price has been fully paid.
In regards to special products (that have to be created or manufactured on demand), delivery times can be longer but they will always be mentioned on the product information sheet.
If the shipping should not be effective at the end of this time, the Purchaser will be able to cancel his/her order. The sums paid by the Purchaser will be fully refund, without any other compensation.
8. Returns policy
In accordance with the Article L. 121-20 of the French Consumer Code, The Purchaser shall have a period of fourteen (14) working days from the date the order is delivered within which to return the Product(s) ordered, at his or her own cost and to ask for a refund.
The Product(s) must be returned to BLUE PEARLS undamaged and in their original containers and packaging (packaging, accessories, user manual…), perfectly closed and accompanied by the signed return form accordingly to the procedure described in the Article 6 above.
To contact the BLUE PEARLS Customer Service, please send an email to the following address: email@example.com or call the following phone number: +33 (0)4 92 98 18 80.
If the above conditions are complied with, BLUE PEARLS will refund the Purchaser within a period of thirty (30) days from the date the order is delivered, for the sums corresponding to the Products purchased, except the delivery charges and the return charges that remains the Purchaser’s charges.
9. Retention of ownership
BLUE PEARLS has the whole and full ownership of the sold products until the price has been fully cashed in, included fees and taxes.
10. Data Protection
10.1. personal information
Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
In accordance with law relating to computers and freedom, the processing of personally identifiable information gathered from the Website is subject to formal declaration registered with the National commission for information technology and civil liberties [CNIL], under the number 1260296.The User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a written request by post to the Blue Pearls Customer Service Department at the address above or send an email to: firstname.lastname@example.org
Finally, BLUE PEARLS may need to disclose personal information to its business partners. Users may receive commercial offers from third parties. As such, it is stated that except express refusal of the User, postal address may be shared with business partners BLUE PEARLS. However, what is his email address, it can not be communicated with said partners with the User's express consent. Of course, in retrospect, the User has the possibility to refuse such communication either by not giving consent during registration and / or validation of the order, or by expressing his subsequent refusal by post, under paragraph above.
BLUE PEARLS reserves the right to install cookies on the computer of visitors to its website. A cookie does not allow us to identify you. In general, it records information about the navigation of your computer on our site (the pages you visited, the date and time of visit, etc.) that we can read during your subsequent visits. In this case, it contains the information that you provided us. So you will not need during your next visit, complete the form we have proposed again.
All items are subjected to a contractual warranty which does not preclude the legal warranty provided by Articles 164-1 of the French Civil Code.
12. Signature and proofs
Any User of the Website who does not still have a customer number will have to follow a registration procedure that will enable him/her to get a personal customer number. This number is personal. In case the Customer looses or forgets his/her number, he/she will have to report to the BLUE PEARLS Customer Service by fill in a contact form accessible on the Website.
In all cases the on-line provision of a credit card number and the order's final validation will constitute proof of the whole order in accordance with the provisions of the French law of March 13, 2000 and will cause the sums incurred for the order to become due and payable.
This validation is worth signature and express acceptance of all operations at the site.
The records stored in computer systems of PEARLS BLUE and its partners under reasonable security conditions, will be considered proof of communications, orders and payments between the parties.
BLUE PEARLS may not be held responsible for the non-execution of the contract concluded in the event of the product being out of stock or being unavailable as a result of force majeure, an incident or a complete or partial strike, in particular with the postal services, transport companies and/or communications services, flooding or fire.
Will be considered as force majeure events matching the criteria established by the case law of the Court of Cassation.
The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (05) working days of the occurrence, or the threat, of the event.
The Parties agree that they should focus as soon as possible to determine all the modalities of execution of the order during the period of force majeure.
BLUE PEARLS can not be held responsible for any damages that may arise from the purchase of products.
BLUE PEARLS can not be responsible for any loss of data or files. It is the Buyer to conduct all the necessary safeguards.
BLUE PEARLS The site also contains information from third parties, and links to other Internet sites. BLUE PEARLS will in no circumstances be held liable for damages resulting from the use, access to, or inability to use this third information, nor the content of other websites.
14. Partial invalidity
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions will remain full force and effect.
15. No Waiver
The failure of either party not to claim a breach to the other party to any of the obligations contained in the present general conditions of sale can not be interpreted in the future as a waiver the obligation in question.
These Standard Terms & Conditions of Business are valid during the whole time the Products offered by BLUE PEARLS are online.
17. Applicable law - Competent jurisdictions
These Standard Terms & Conditions of Business and the contractual relationship between BLUE PEARLS and the Purchaser are subject to French law.
In case of litigation relating to the interpretation, execution or rupture of these general terms of sale, and when an amicable solution cannot be reached, competence will be expressly attributed to the court of Grasse.