1- Acceptance and enforceability of the terms and conditions
1. Availability. These Terms and Conditions of Sale (T&Cs) are accessible at any time on this website. They will prevail over any other version or any other contradictory document. Before placing an order, and especially during your registration to the Site and the creation of your personal account, you acknowledge having read these T&Cs and accepted it without reservation by checking a box provided for this purpose. Any order implies acceptance of the T&Cs in force. You are deemed to have accepted without reservation all the provisions of these terms, provided that the nullity of a contractual clause does not invalidate the T&Cs. The User can reproduce the T&Cs by any means (printing, downloading, etc.). The User can also obtain a copy of the T&Cs by sending a request by mail to the relevant departments of BlookUp located at 4 rue Esprit des lois, 33000 Bordeaux.
2. Modification of the T&Cs. BlookUp reserves the possibility to modify the T&Cs at any time. In case of modification of the T&Cs, the applicable T&Cs are those in effect on the date of the order which a dated copy can be provided to the Buyer on request.
For purposes of the present T&Cs, the Parties agree on the following definitions:
- « Site » : means the website : https://www.blookup.com/
« User »:means any natural or legal person who has access to the Site whether or not Member of the Site.
- « Member »: means any natural or legal person who accesses to the Site having created a personal account with a username and a password.
- « Author/Blogger »: means any Member who has created or wishes to create a blook to make it public via the Blookshop and sell it, or order it for personal use.
- « Buyer »:means any member who orders the Blook that he has created via his personal account or the Blook of an Author/Blogger via the Blookshop.
- « Services »: means the services provided by BlookUp on the Site (defined in Section 3 above) at the request and for the benefit of a User, an Author/Blogger or Buyer of the site.
- « Public Blook»: means a published book or an electronic book (ebook) published that any User can order via the Blookshop.
- « Private Blook »: means a published book or a published electronic book (ebook) that any Author/Blogger can order via his personal account.
- « Margin on the price»: part of the price paid for blooks payable to the Author/Blogger when his blooks are sold by BlookUp on its behalf via the Blookshop.
3- Purpose and scope of the T&Cs
The T&Cs only apply to the online sales of BlookUp products (private blooks and public blooks) that are available on the website https://www.blookup.com (hereinafter the "Site").
The T&Cs exclusively govern the online sales contracts of BlookUp products concluded with buyers and constitute with the summaries of orders the only contractual documents that can be opposed to parties which excludes all other documents, brochures, catalogs or photographs of the products that only have an indicative value.
The present T&Cs apply, without any restriction or reservation, to all services offered by BlookUp (« BlookUp », « We ») via the Site, in particular:
- The import of the
content of blogs in order to create, layout, print and publish paper books and/or
electronic books (ebook);
publishing services on demand ;
- The sale of the paper
books and electronic books via the BlookUp on-line bookstore (the “Blookshop”)
and the payment to the Authors/Bloggers of the margin of the selling price of
the books sold.
The present T&Cs are only applicable to products that are ordered, delivered and invoiced to Buyers established in France and other French-speaking territories and/or in a Member State of the European Union.
Prior to any order you can review all of the essential characteristics of the Products you wish to order by consulting the pre-contractual information made available to you by BlookUp before any order, by accessing to your personal account and pre-visualize the blook that you have created or to browse the pages of the Site and by accessing to the BlookShop.
1. Sales price. The selling price of the products is the price prevailing at the date of placing the order. The selling price does not include delivery charges or other applicable taxes mentioned before the confirmation of the order and invoiced in addition to the price. In case of promotional price BlookUp undertakes to apply this award to all orders occurred during the period of the promotional advertising.
2. Related costs and charges. You agree to pay all fees and taxes incurred in respect of your orders and purchases (including all taxes on your orders and purchases, including without limitation and at the rates prevailing at the time: sales taxes, service charges taxes or taxes on the value added). You acknowledge that BlookUp reserves the right to charge the Services and to change the applicable fees at any time and at its discretion, upon publication on the Site.
3. Dispute. When you ordered a product on our Site, you must notify us immediately and in writing, after receiving the statement of your credit card, if you dispute any charges on your receipt. The disputes relating to fees must be notified to the following address: BlookUp, 4, rue Esprit des Lois, 33000 Bordeaux.
4. Modification of the price. BlookUp reserves the right to modify its prices at any time but it ensures vis-à-vis the Buyers that the price would not change the day of the order.
1. Duration. If there is no specific length that is indicated, online sale offers that are available on the Site are valid as long as the products are in the Blookshop and/or in your personal account, within the limits of available stock.
2. Acceptance. The acceptance of the offer by the Buyer is validated by the order confirmation through the double click method.
1. Order of a private blook via a personal account. The Author/Blogger finishes to customize his blog and can continue to do so until the blook is in the basket. Once the blook is ordered it cannot be modified anymore. Once the creation of the blook is over, the Author/Blogger clicks on the button “order” and provides information on delivery and payment method. Before clicking the “Buy” button, the Author/Blogger can visualize the layout of its blook by clicking on “see preview”, where he or she can see if there are any bug, layout errors, missing or pixelated images (it is possible to zoom in by hitting simultaneously the keys ctrl (windows), cmd (Mac) and "+" in order to verify the images), or any other problem that BlookUp's customer service then undertakes to solve in terms of its technical capabilities.
Sometimes very marked differences may appear between the photos you possess on your computer, those you posted on your blog(s) and the photos printed on paper. Since images are a print-sensitive point, and given that BlookUp retrieves your photos from your blog's source code, BlookUp can not be held responsible for certain renditions that are beyond its control and / or the technical performance of its online tool such as:
PHOTOS AND SCREEN CALIBRATION: Sometimes very marked differences may appear between the photos owned on one's computer / posted on one's blog(s) and the photos printed on paper. Two things can be the cause of these differences:
1) Screen calibration and edited photos: A single photo, or even the same color, does not always come out the same way on every screen due to the screen calibration, which is set directly on the screen or via the internal options of the computer. Some options saturate colors, others reinforce the contrasts, giving the impression that the pictures were naturally taken this way.
You can remedy this by printing a test photo at home on the printer connected to the computer containing the images to see the difference between the digital and paper format. Then you can edit the photos through an editing image software in order to match your expectations, or directly recalibrate the screen and / or resetting its parameters.
2) Impression: In case of a printing problem depending on human error and / or rectifiable (content printed on top of the photos, blurry photos, striated or stitched colors, drooling colors, etc ...), BlookUp guarantees, on presentation of photos as proofs, a free and fast second shipment of your blook as it must stand out according to the version you validated. However, color distortion may occurs when switching from the RGB format (calibrated for web display) to the CMYK used for paper printing. It should also be taken into account that current printers can sometimes render the same book in several different ways, depending on certain variables such as the last machine cleaning, toners changes (colors), printing time, etc... These rendering differences are inherent to current printing techniques and will improve in the future, and if given the opportunity, BlookUp will of course propose to you to improve also the Rendering of your blooks.
3) Image quality and resolution: In the same way it can be difficult to see the right colors according to the screen, it is sometimes difficult to ensure the quality of the photos posted on a blog when they were shrinked automatically and therefore seem quite correct in a small format. For example, a picture of 100*100 pixels equals 2.65*2.65 cm (1 inch). This format can be perfectly suitable in an article as long as the image is made to be seen in this small format, but if when importing your blog you chose to display the images as "large", they will be stretched to match this choice (going, for example, from 2.65*2.65cm (1 inch) to 10*10cm (3,94*3,94 inches)) and therefore appear pixelated on paper.
To prevent these problems, it is recommended to work with large pictures of good quality, without forgetting to compress them in order for your blog pages to load quickly!
By clicking "Add to basket" and then "order", the Author/Blogger valid definitively the layout of its blook put in her basket and any subsequent modification is impossible. Therefore it is recalled that the visualization step “see preview” prevails as being the version that is ”ready for printing” and will serve as reference in case of subsequent challenge by the Author/Blogger at the receipt of his book. After reading the details of his order and once all information has been completed the Buyer may click on “Buy” to definitively confirm his order. The validation of the order implies acceptance of these T&Cs.
2. Ordering a public blook via the Blookshop. To make an order after completing his virtual basket by selecting blooks on the Blookshop (blooks and ebooks) the Buyer has the opportunity to verify the details of his order and its total price and to return to the previous pages in order to correct any errors or possible changes. After reading the details of the order and once all information requested has been completed the Buyer may click on “Buy” to definitively confirm the order. The validation of the order implies acceptance of these T&Cs.
3. Modification of the order. The orders are final and irrevocable, any request of modification made by the Buyer must be subject to prior acceptance of BlookUp. BlookUp reserves the right to make changes to the product ordered that are related to technical development in accordance with Article R. 132-2-1, V of the Consumer Code.
4. Order acceptance policy. BlookUp has the right at any time after receipt of an order to accept or refuse it for legitimate reasons, especially if the quantities of products ordered are disproportionately high in comparison with the quantities normally ordered by the Buyers as consumers. You will then have the opportunity to confirm or cancel your order. You order will be considered as accepted as soon as (i) you will receive an electronic confirmation or another form of confirmation and (ii) you had paid full amount of the products you ordered.
5. Availability of products ordered. In case of unavailability of the product that the Buyer ordered, including in the event of force majeure (strike, state of war, natural disasters, fires, floods, frost, etc.) that do not allow BlookUp and its subcontractors to ensure their services normally, BlookUp shall immediately inform the Buyer and inform him about the new available deadline for such product. In case of disagreement on the new deadline, BlookUp reimburse the price of the unavailable product.
1. Conclusion. The confirmation of the order by the Buyer implies acceptance of T&Cs and formation of the contract. An email acknowledging receipt and payment of the order is sent to the Buyer at the earliest opportunity. It includes a summary of the order and confirmation of the contract containing all the information on the product ordered, including its essential characteristics, price, date or delivery time.
2. Archiving and proof. The archiving of communications, purchase orders, and invoices is made on a reliable and durable support so as to constitute a true and durable copy that can be produced as evidence of the contract.
9- Right of withdrawal
Pursuant to article L.121-21-8 of the French Consumer Code, the Buyer is informed that the right of withdrawal cannot be exercised for certain contracts including contracts for goods made in accordance with the specificities provides by the consumers or clearly personalized. Books (or blook) you order are individually made according to the specifications of the Authors/Bloggers and are clearly personalized. Consequently pursuant to article L.121-21-8 of the French Consumer code you cannot benefit from any right of withdrawal to cancel your order.
10- Termination of the order
BlookUp undertakes to deliver the ordered blooks on the relevant date or within the specified timeframe. In the absence of indication or agreement on the delivery date, BlookUp delivers the product without undue delay and not later than thirty days after the conclusion of the contract. The delivery shall mean the transfer of the physical possession or the control of the physical property of the good to the Buyer.
The Buyer can resolve his order by sending a registered letter with acknowledgment of receipt or by any other written document on another durable medium in case of:
- product delivery which is not in compliance with the declared characteristics of the product ;
- delivery exceeding the limit date or within the period specified in the order or, failing such date or as a deadline, within thirty days of the conclusion of the contract, after BlookUp was enjoined, according the same terms and without result, to make delivery within a reasonable additional period;
- price increase which is not justified by technical modification of the product imposed by the public authorities.
The contract is considered as terminated upon receipt by BlookUp of a letter or a writing providing this termination, unless BlookUp perfomed in the meantime.
However the Buyer may terminate the contract immediately when BlookUp refuses to deliver the product or when it does not perform its obligation to deliver it at the expected date or at the expiration of the specified period and when this date or this delay constitutes an essential condition of the contract. This essential requirement comes from specific circumstances or specific request by the Buyer before the conclusion of the contract.
When the contract is terminated in accordance with this Article, BlookUp undertakes to reimburse the total amount paid by the Buyer at least fourteen days from the date of the contestation of the contract. The amount paid at time of the order by the Buyer is automatically increased with interests calculated at the legal rate from the date of payment and receipt of the amount of the order.
The contract can be terminated by BlookUp in case of refusal of the Buyer to take delivery.
11- Payment of the price by the Buyer
1. Due. This is an order with an obligation of payment which means that the placing of the order implies a payment from the Buyer.
Payment method. Purchase
payment can be made :
- By credit
card. Conditions for credit cards. To order books or other products, you must be
at least eighteen (18) years or if you are under 18 years be authorized by your
parents or by the holders of parental authority.You will be asked to provide
us with a valid credit card number (Visa, MasterCard or any other issuer
accepted by us) and payment information associated including: (i) your name as
it appears on the card, (ii) the type of credit card, (ii) the expiration date of
your credit card, (iv) billing address, and (v) any activation numbers or codes
needed to charge your card. BlookUp does not accept cash, checks or any other
communicating to BlookUp your credit card number and payment information you
acknowledge that BlookUp is authorized to immediately invoice your account for
all expenses and taxes owed as a result of your purchase of books or other
products whatsoever. You agree to immediately notify to BlookUp any changes
regarding your billing address and regarding the credit card you used to make
- By Paypal: Buyer may
make payment through Paypal payment system. In this case the buyer mention his
Paypal account number or his bank details required to make payment. In any
event BlookUp responsibility could not be engaged for any problems of any kind
met on the Paypal payment interface.
3. Default of payment. When the agreed price is not paid, BlookUp reserves the right to request the execution of the sale or the termination of the contract using a registered mail with acknowledgement of receipt.
12- Payment of revenues to Authors/Bloggers when selling their (s) blook (s) via the BlookShop
BlookUp indicates to the Author/Blogger the price at which each public blook is sold.
Any Author/Blogger is free to add a margin to the sale price indicated by BlookUp. When you decide to make your blook public, you allow BlookUp to print and distribute your blooks on your behalf and to sell them to third parties Buyers, in accordance with Article 8 of the ToU of the Site.
Therefore, when you decide to publish one of the blooks that you have created and offer it for sale on the Blookshop platform, BlookUp agrees to manage the orders, the print and ship it to Buyers and collect books’ sales payments for your account. The sale of a blook sale does not imply in any case assignment of intellectual property right for the benefit of the Buyer.
When copies of you blook are sold, the margin you wish to earn which is available on your personal account will be refunded by bank transfer on your bank account or on your PayPal account.
1. Delay. BlookUp undertakes to deliver the goods :
- Within 10 working
days after receipt of the order for the following countries: France and
Corsica, the Netherlands, Luxemburg, Belgium.
- Within 14
working days for the countries in the rest of Europe ;
- Within 15
working days for the countries in the rest of the world.
2. Location. The products are delivered to the address specified by the Buyer when ordering. Many deliveries are proposed to the Buyer, he can choose the solution that best corresponds to the delivery period expected (Letter followed (only in France), Colissimo, Chronopost, etc.). Prices and delivery times are clearly indicated for each solution.
3. Delivery terms. When the product is delivered to the delivery address by post or by a carrier it is to the buyer to check the condition of the product and in case of damage or missing he may reject the product and warn BlookUp.
4. Second shipment in case of errors:
14- Delivery and transfer of risk
At the time you or a third party designated by you are taking physical possession of the product, the risk of loss or damage to the products will be transferred no matter the type of the product.
BlookUp undertakes to support he risk of the delivery when he designates a carrier to deliver the product.
15- Transfer of ownership
The ownership of the product is transferred to the Buyer from the delivery date specified in the purchase order.
16- Legal conformity guarantees and legal guarantee against hidden defects
All products supplied by BlookUp benefit from the legal guarantee of conformity laid down in Articles 211-4 to 211-14 (Consumer Code) and the legal guarantee against hidden defects under Articles 1641 to 1649 (Civil Code).
Pursuant to articles 211-4 and following of the Consumer code, BlookUp held the lack of conformity of its products and pursuant to article 1641 of the civil code, BlookUp held the hidden defects of the thing sold.
The legal guarantee of conformity is independently applicable of the commercial guarantee.
In case of implementation of the legal guarantee of conformity you have a period of two years from delivery to act.
Subject to costs conditions provided by consumer code (article 211-9) you can chose between repairing or replacing the goods.
During the six months following the delivery of the goods you are exempt to submit proof of its lack of conformity. This period is extended to twenty-four months starting on 18 March 2016.
You may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In that case pursuant to civil code (article 1644) you can choose between canceling the sale or a reduction of the sales price.
Article 211-4 of the Consumer code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or ha dit carried out under his responsibility.
Article 211-5 of the Consumer code
To conform to the contract, the product must:
1) Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling ;
2) Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article 211-12 of the Consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 211-16 of the Consumer code
When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance
Article 1641 Civil code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects
Article 1648 1st paragraph civil code
An action resulting from inherent defects must be brought by the buyer within two years from the discovery of the vice.
17- Liability, force majeure and penalty clause
1. Liability release and force majeure. BlookUp’s liability cannot be held for an absence or an improper performance of the contract due either to the Buyer or an insurmountable and unpredictable fact of third parties or to a force majeure case.
2. Termination clause. The termination of the order as provided in these T&Cs shall be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without judicial formality.
18- Dispute resolution
1. Claims. In case of dispute, you should immediately contact BlookUp’s customer service at (+33) 1 85 09 62 30 (non-premium number from a landline in France), Monday to Friday, except holiday or non-working day from 9:00 to 12:00 and 14:00 to 16:00 or by mail at the following address: BlookUp, 4, rue Esprit des lois, 33000 Bordeaux.
2. Mediation.If no solution within 21 days of your request is found, you may refer your claim to the enter the Commission Paritaire de Médiation de la Vente Directe at: 100, avenue du Président Kennedy 75016 Paris – tél. : 01 42 15 30 00 – email: email@example.com. It will search a settlement for free. You acknowledge that the Commission Paritaire de Médiation de la Vente Directe has exclusive jurisdiction to deal with dispute arising out of this document and the contract relating to it that could be signed. This commission was established in 1995, it is chaired by a professor of law and composed of two representatives of consumer Association nationally accredited by the Ministry of Economy and 2 representatives of professional Direct Selling. Neither the Buyer nor BlookUp can use another mediation system.
3. Competent court. Failing amicable agreement you can refer your claim to the court for any dispute regarding the existence, interpretation, conclusion, performance or termination of the contract as well as all related documents to such contract. The competent court will be that of the place of domicile of the defendant (Article 42 of the Civil Procedure Code).
19- Language and applicable law
The contract language is French.
The law applicable to the contract is French law.