I. General Conditions of Use


ARTICLE 1. LEGAL INFORMATION

By virtue of article 6 of Law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified in this article the identity of the various stakeholders within the framework of its realization and its follow-up. .

The BLOBSHOP site is edited by Peyron Arnaud, Place Gaston tournier, 81200 MAZAMET, France, and registered with the Commercial Court of CASTRES under number: 420 200 021.

Email address: contact@blobshop.fr

The site's publication director is: Peyron Arnaud

The Blobshop site is hosted by:
OVH, whose head office is located at the following address:

2 rue Kellermann - 59100 Roubaix - France

Phone number: +33 (0) 9 72 10 10 07

ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the Blobshop site is the online sale of Blobs and scientific initiation kits and digital informative content.

SECTION 3. CONTACT

For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the publisher at the following e-mail address: contact@blobshop.fr or send a registered letter with acknowledgment of receipt to: Blobshop, Place gaston tournier, 81200 Mazamet

ARTICLE 4. ACCEPTANCE OF TERMS OF USE

Access and use of the site are subject to acceptance and compliance with these General Conditions of Use.

The publisher reserves the right to modify, at any time and without notice, the site and the services as well as these T & Cs, in particular to adapt to the evolutions of the site by the provision of new functionalities or the deletion or modification of existing functionalities.

The user is therefore advised to refer to the latest version of the T & Cs, accessible at any time on the site, before any navigation. In case of disagreement with the T & Cs, no use of the site can be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 24 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this in order to carry out updates, modifications to its content or any other action deemed necessary for the proper functioning of the site.

Connection and navigation on the Blobshop site constitute unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.

These T & Cs apply, as necessary, to any variation or extension of the site on existing or future social and / or community networks.

ARTICLE 6. SITE MANAGEMENT

For the good management of the site, the publisher can at any time:

Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
Delete any information that could disrupt its operation or contravene national or international laws, or Netiquette rules;
Suspend the site in order to carry out updates.

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. Registration

Access to certain services, and in particular to all paid services, is subject to the user's registration.

Registration and access to the site's services are reserved exclusively for capable individuals who have completed and validated the registration form available online on the Blobshop site, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also carry out a regular verification of the data concerning him in order to maintain its accuracy.

The user must therefore provide a valid e-mail address, on which the site will send him a confirmation of his registration to its services. An e-mail address cannot be used more than once to register for the services.

Any communication made by Blobshop and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the site's services is allowed per natural person.

The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereafter “Personal space”), in addition to entering his password.

The username is definitive, however the password can be modified online by the user in his personal space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.

Blobshop reserves the right in any event to refuse a request for registration to the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.

2. Unsubscribe

The regularly registered user can request to unsubscribe at any time by going to the dedicated page in his personal space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.

3. Removal of personal space at the initiative of the site editor

It is brought to the attention of the user that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:

If the user makes illegal use of the site;
If the user, when creating his personal space, voluntarily transmits erroneous information to the site;
If the user has not been active on his personal space for at least a year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage to the user whose account has been deleted.

This deletion does not constitute a waiver of legal proceedings that the publisher could undertake with regard to the user who has violated these rules.

ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that he himself edited.

The publisher is not responsible:

In the event of technical, IT or site compatibility problems or failures with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or from the difficulties of use of the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating therein;
Illicit content or activities using its site without its having duly taken cognizance of it within the meaning of Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy and Law n ° 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness or timeliness of the information published there.

The user is responsible for:

Protection of its equipment and data;
The use he makes of the site or its services;
If it does not respect either the letter or the spirit of these General Conditions of Use.

ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links pointing to other websites over which Blobshop has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites.

The publisher authorizes the establishment of hypertext links to any page or document on its site, provided that the establishment of these links is not carried out for commercial or advertising purposes.

In addition, the prior information of the site editor is necessary before setting up any hypertext link.

Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, Blobshop reserves the right to have a hypertext link pointing to its site removed at any time, if the site considers it to be inconsistent with its editorial policy.

ARTICLE 10: CONFIDENTIALITY

In addition to these General Conditions, the site has a confidentiality policy which describes the way in which personal data is processed when the user visits the site, as well as the way in which cookies are used.

By browsing the site, the user declares to have also read the aforementioned privacy policy.

ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total use of the content, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to to constitute an infringement within the meaning of articles L. 335-2 and following of the Code of the intellectual property. And this, with the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remains the exclusive property of the publisher.

The user is prohibited from entering data on the site which would modify or which would be likely to modify its content or appearance.

ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

 

II. Terms of Sales

PREAMBLE

The site is edited by Peyron Arnaud, Place Gaston Tournier, 81200 Mazamet, and registered with the Commercial Court of Castres - 480 200 021.

The seller is not subject to VAT under article 293 B of the CGI.

The purpose of the following provisions is to define the general conditions of sale on the Blobshop site.

These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his customer within the framework of a distance and electronic sale of goods and products.

The GTC exclusively govern the relationship between the seller and the customer.

The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.

In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.

The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.

ARTICLE 1. CATALOG OR ONLINE STORE

Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.

The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.

The products are offered within the limits of available stocks.

The prices and taxes relating to the sale of the products are specified in the catalog or the online store.

ARTICLE 2. PRICE

The seller reserves the right to modify its prices at any time by posting them online.

Only the current prices indicated at the time of the order will apply, subject to availability of the products on that date.

The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the full price must be made when ordering.

ARTICLE 3. ONLINE ORDER

The customer has the possibility to complete an order form online, by means of an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

The customer will have to accept by clicking on the place indicated, the present general conditions of sale, so that his order is validated.

The customer must give a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may take place using this address.

The customer must also choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

It is an order with obligation of payment, which means that the placing of the order implies a payment of the customer.

1. Payment

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.

The customer guarantees the seller that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.

In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can contest within 70 days from the date of the transaction by sending a claim according to the following terms, so that the seller bears the costs of the sale and returns the disputed amount:

by e-mail at the following address: contact@blobshop.fr

Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from all liability.

The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.

In the event of refusal of authorization of payment by bank card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

2.Confirmation

Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.

The seller is required to send an invoice to the customer upon delivery.

The customer can request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In the event of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order for this product and refund the related price, the rest of the order remaining firm and final.

The customer can always exercise his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product was sent to him.

For any question relating to the follow-up of an order, the customer can contact customer service at the following coordinates:

by e-mail at the following address: contact@blobshop.fr;

ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the due date. sums due under the purchase order, signature and express acceptance of all operations carried out.

ARTICLE 6. PROOF OF THE TRANSACTION

Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All the payment methods available to the customer are listed on the seller's website. The customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.

ARTICLE 8. DELIVERY

Delivery is made only after confirmation of payment by the seller's bank.

The products are delivered to the address indicated by the customer on the online form serving as an order form, the customer having to ensure its accuracy.

Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.

Blobshop can not be held responsible for delays in delivery, especially during the holiday season. No refund can be accepted for this reason.

Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following deadlines:

________

1. Cancellation after shipment

From the receipt of the shipping confirmation email, no refund will be accepted.

2. Verification of the order

If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the products. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery note.

The customer must, where applicable, inform the seller of his reservations as follows:

by e-mail at the following address: contact@blobshop.fr;

Any reservation not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.

Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the customer by e-mail.

3. Delivery error

In the event of a delivery error and / or non-compliance of the products with the indications appearing on the order form, the customer makes his complaint to the seller on the same day of delivery or at the latest on the first following working day. the delivery.

The complaint can be made according to the following methods:

by e-mail at the following address: contact@blobshop.fr;

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

4. Order return

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, as follows:

Only products received damaged can be returned. Please contact contact@blobshop.fr by e-mail within 30 days.

Any complaint or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the customer.

ARTICLE 9. PRODUCT GUARANTEES

The seller guarantees the conformity of the products to the contract.

The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee against defects in Articles 1641 et seq. Of the Civil Code.

1. Guarantee of conformity

The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.

As such, he can choose between repairing or replacing the goods, under the conditions provided for in Article L. 211-9 of the Consumer Code.

The customer is not required to provide proof of the existence of a lack of conformity within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.

2. Guarantee of defects

The customer, if he implements the guarantee against defects provided for in articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction in the price, and this in accordance with article 1644 of the Civil Code.

3. Commercial guarantee

The seller offers the customer a commercial guarantee covering the conformity of the products and ensuring, in the event of non-conformity, the replacement of the product:

In the event that the recovery of the sclerotia fails when all the guidelines for cultivation have been respected, Blobshop undertakes to return new sclerotia, on simple request to the address contact@blobshop.fr within 6 maximum months after the delivery date on the order.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

This guarantee does not exclude the application of the guarantees provided for in 9.1 and 9.2.

ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUNDS

In case of unavailability of an ordered product, the customer will be informed by email.

Since, on the sales page of a product, it is indicated that its delivery for a given date or event (such as Christmas or New Year's Day for example) is not guaranteed, no refund can be made. be accepted on the pretext that the product is not received before said date.

The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.

ARTICLE 11. RIGHT OF WITHDRAWAL

Under Article L. 121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
Due to the intrinsic quality of the products sold by Blobshop, both digital and physical, blob breeding kits cannot be subject to the right of withdrawal and cannot be refunded.

ARTICLE 12. FORCE MAJEURE

The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the Civil Code, would prevent their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance, must notify the other party immediately, of its occurrence and its disappearance.

All irresistible and unforeseeable, inevitable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law, and in particular the blocking of means of transport, are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunication networks.

If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.

ARTICLE 13. PARTIAL NULLITY

If one or more stipulations of these general conditions of sale were to be declared null by application of the law, of a regulation or of a final decision of a French court, the other stipulations will keep all their force and their scope.

ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is established in France in a stable and sustainable manner in order to effectively carry out his activity, whatever, in the case of a legal person, the location of his head office.

Also, these GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.

In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seat. seller's social security.