Terms and Conditions of Sale
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- 1 - Acceptance and enforceability of the terms and conditions
- 2 - Definitions
- 3 - Purpose and application scope
- 4 - Products
- 5 - Price
- 6 - Offer
- 7 - Orders
- 8 - Contract
- 9 - Right of withdrawal
- 10 - Order's Termination
- 11 - Payment method
- 12 - Payment to Authors/Bloggers selling their(s) blook(s) via the BlookShop
- 13 - Delivery and risk transfer
- 14 - Transfer of ownership
- 15 - Legal conformity guarantees and legal guarantee against hidden defects
- 16 - Liability, force majeure and penalty clause
- 17 - Dispute resolution
- 18 - Language and applicable law
1 - Acceptance and enforceability of the terms and conditions
1. Availability. These Terms and Conditions of Sale (TCS) 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 Website and the creation of your personal account, you acknowledge having read these TCS and accepted them without reservation by checking a box provided for this purpose. Any order implies acceptance of the TCS. 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 TCS. The User can reproduce the TCS by any means (printing, downloading, etc.) and can also obtain a copy by sending a request by postal mail BlookUP SAS, 4 rue Esprit des lois, 33000 Bordeaux.
2. Modification of the TCS. BlookUp reserves the possibility to modify the TCS at any time. In case of any modification brought to the TCS, the applicable TCS are those in effect on the date of the order which a dated copy can be provided to the Buyer on request.
2 - Definitions
For purposes of the present TCS, the Parties agree on the following definitions:
« Website » : names the following website : https://www.blookup.com/
« User »: names any natural or legal person who has access to the Website whether or not Member of said Website.
« Member »: means any natural or legal person who accesses the Website after having created a personal account with a username and a password and uses the Website while being logged in.
« Author/Blogger »: names any Member who has created or wishes to create a blook in order to make it public via the BlookStore and sell it, or order it for personal use.
« Buyer »: names any member who orders the Blook that he/she has created via his/her personal account or the Blook of an Author/Blogger he/she purchased via the BlooksStore.
« Services »: names the services provided by BlookUp on the Website (defined in Section 3 below) at the request and for the benefit of a User, an Author/Blogger or Buyer of the Website.
« Public Blook»: names a book publicly published that any User can order via the BlookStore.
« Private Blook »: names a book that any Author/Blogger can order via his/her personal account only.
« Margin on the price»: names the part of a total price which is due to an Author/Blogger when his/her blook is sold by BlookUp on its behalf via the BlookStore.
3 - Purpose and application scope
The TCS only apply to the online sales of BlookUp products (private and public blooks) that are available on the Website https://www.blookup.com, (hereinafter the "Site").
The TCS 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 TCS apply, without any restriction or reservation, to all services offered by BlookUp (« BlookUp », « We ») via the Website, in particular:
- The import of the content of blogs in order to create, layout, print and publish paper books and/or electronic books (ebook);
- Personal publishing services on demand
- The sale of the paper books via the BlookUp online bookstore (the "BlookStore") and the payment to the Authors/Bloggers of the margin of the selling price of the books sold.
The present TCS 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.
4 - Products
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, by accessing your personal account and pre-visualize the blook that you have created (see the preview, check the charachteristics of the blooks in your blooks list...) or by browsing the pages of the Website or by accessing the BlookStore.
5 - Price
1. Sales price. The selling price of the products is the price prevailing at the date the order is placed. 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. Promotional codes will apply to all orders placed during the period of the promotional advertising, provided that the Member can prove that he/she rightfully filled the "promotional code" area during the placing of his/her order.
2. Related costs and charges. Members and Users must agree to pay all fees and taxes related to their 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). Members and Users 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 Website.
3. Dispute. When a Member or User orders a product on the Website and wants to dispute any charges, he/she must notify BlookUp immediately and in writing after receiving the receipt of his/her credit card.
4. Modification of the price. BlookUp reserves the right to modify its prices at any time but ensures that prices should not change while a Member is placing an order.
1. Duration. If there is no specific length indicated, online sale offers that are available on the Site are valid as long as the products are in the BlookStore and/or in your personal account, within the limits of available stock or technical possibility.
2. Acceptance. The acceptance of the offer by the Buyer is validated by the order confirmation through the double click method.
7 - Orders
1. Order of a private blook via a personal account. The Author/Blogger finishes to customize his/her blook and can continue to do so until the blook is placed in the cart. Once a 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 about delivery directions and payment method. Before clicking the "Buy" button, the Author/Blogger can visualize the layout of his/her blook by checking its preview, where he or she can see if there are any bug, layout errors, missing or pixelated images/contents or any other problem that BlookUp's customer service then undertakes to solve according to its technical capabilities.
Images are a very sensitive point for the Buyers as well as for BlookUp. BlookUp retrieves the Users' photos and pictures from the source code of the blogs or social media platforms and cannot be held responsible for some rendering effects independent of its own will and/or technical performances such as:
- Pictures modifications and Screen calibration: Some pictures or screen options saturate colors, others reinforce contrasts, giving the impression that the pictures were naturally taken this way. The Author/Blogger can modify his/her pictures with a picture editing software in order to get closer to his/her own expectations of what the photos should look like on paper, or can directly recalibrate or reset the parameters of his/her computer screen.
- Printing: Color distortion may occurs when switching from the RGB format (calibrated for web display) to the CMYK format, 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 concern all printing houses, printers and documents as a whole. They may improve in the future, and if given the opportunity, BlookUp will of course propose to also improve the rendering of your blooks.
- Pictures quality: The Author/Blogger must ensure, before printing his/her blook, that the pictures he/she makes available on his/her blog ("source" images, meaning the link leading to where the images are hosted on the platform) are in the highest definition possible or at least sufficiently good as printing material and/or that the image size he/she chooses to display in his/her blook (large, medium or small format) is appropriate regarding the initial size of the pictures hosted on his/her blog or social media.
In the event of a printing problem depending on human or machine error that are not related to the three cases listed above, and in the event of a second printing ensuring the complete satisfaction of the Buyer, BlookUp guarantees, on presentation of photos as proofs, a free and fast second shipment of the blook as it must stand out according to the version the Buyer validated when placing his/her order.
By adding a blook to his/her cart and/or by placing an order, the Author/Blogger valids definitively the layout of said blook and knows that any subsequent modification is impossible. Therefore it is recalled that the visualization step prevails as being the "Ready for Printing" version that will serve as reference in case of later dispute the Author/Blogger would make when receiving his/her order.
2. Ordering a private blook via the user account or a public blook via the BlookStore. The Buyer has the opportunity to verify the details of his/her order, includeng content, characteristics and total price, before completing any order made via the BlookStore. He/she can go back to previous pages in order to correct any errors and/or make changes. After reading the details of the order and once all information requested have been completed, the Buyer may click on "Buy" to definitively confirm the order. The completions of the order implies acceptance of these TCS.
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 French 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 receive an electronic confirmation or another form of confirmation and (II) you pay full amount of the products you ordered.
5. Availability of ordered products. 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 will reimburse the price of the unavailable product.
8 - Contract
1. Conclusion. The confirmation of the order by the Buyer implies acceptance of TCS 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
Blooks 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, the Buyer cannot benefit from any right of withdrawal in the goal of canceling an order.
10 - Order Termination
1. Cancelling an order: All orders placed are definitively fixed and can not be modified. If the Buyer finds an error after the validation of his/her order, he/she must send a cancelling request as quickly as possible by email to firstname.lastname@example.org, asking to re-order and be refunded. BlookUp will do its best to honor the Buyer's request by ensuring that the order has not yet been printed and can be canceled, but BlookUp remains dependent on the organization of its printing house, and as such, all cancellation and refund requests can not be granted.
2. Dispute: 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 his duties 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 and is upfront established in writing. 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 methods
1. Due. Orders come with an obligation of payment which means that the placing of the order implies an immediate payment from the Buyer. BlookUp does not accept cash, checks or any other payment method.
2. Payment method. Payment can be made:
- By credit card. To order books or other products, The Buyer must be at least eighteen (18) years or if under 18, be authorized by his/her parents or by holders of parental authority. The Buyer will be asked to provide a valid credit card number (Visa, MasterCard or any other issuer accepted by us) and payment information associated including: (I) The name as it appears on the card, (II) the type of credit card, (III) the expiration date of said credit card, (IV) billing address, and (V) any activation numbers or codes needed to charge the card. By communicating credit card number and payment information, the Buyer acknowledge that BlookUp is authorized to immediately invoice his/her account for all expenses and taxes owed as a result of the purchase, whether containing books or other products whatsoever. The Buyer agrees to immediately notify BlookUp any changes regarding his/her billing address and regarding the credit card he/she used to use for payment.
- By Paypal: Buyers may use Paypal's payment system. In this case the Buyer must connect to his/her Paypal account containing his/her bank details required to pay. In any event BlookUp's 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 due to Authors/Bloggers selling their(s) blook(s) via the BlookStore
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 selling price indicated by BlookUp. When an Author/Blogger decides to make his/her blook public, he/she allows BlookUp to print and distribute his/her blooks on his/her behalf and to sell them to third parties Buyers, in accordance with Article 8 of the present TCS.
Therefore, when an Author/Blogger decides to publish one of the blooks that he/she created and put it for sale on the BlookStore, BlookUp agrees to manage the orders, the printing and shipping to third parties Buyers and to collect books' sales payments on the Author/Blogger's behalf. The sale of a blook does not imply, in any case, assignment of intellectual property right for the benefit of the Buyer.
When copies of an Author/Blogger's blook are sold, the margin he/she wishes to earn, which is editable and available on his/her personal account, will be refunded by bank transfer or via PayPal payment.
13 - Delivery and Risk Transfer
1. Delay. BlookUp undertakes to deliver the goods
- - Metropolitan France, Belgium, Luxembourg, Netherlands, Germany: 10 working days
- - Rest of Europe : 12 working days*
- - DOM-TOM / Africa / Asia / Middle East / Latin America / North America : 15-18 working days*
*Depending on the destination within these countries, the lead time may be extended by approximately 24h or more
2. Location. The products are delivered to the address specified by the Buyer when ordering. Prices and delivery times are clearly indicated for each shipping solution.
3. Delivery terms. When the product is delivered to the postal address, the Buyer must check the condition of the product and, in case of wrong, damaged or missing item, he/she should warn BlookUp in order to find an appropriate solution. The b>claim must be made within 30 days following the order's reception; Beyond this delay, no claim will be taken into account.
4. Second shipment rules:
- IN CASE OF AN ERROR ON BLOOKUP'S BEHALF: In the event of a proven error from Blookup's online tool (which could not be verified by the customer before ordering) or a printing error (excepting the cases explained in the 7th section of this page), in the event of wrong, damaged or missing item or in case of parcel loss while in transit, BlookUp will ship again all or part of the concerned order free of charge and as soon as possible.
- IN CASE OF AN ERROR ON THE CUSTOMER'S BEHALF: If the customer did not check the preview of his blook and notices an error that could have been resolved before ordering it, if the postal address was wrongly filled or if the customer fails to pick up the package within the time allowed by his local postal office, charges at cost may be applied on the second shipping, depending on the type of error and the country of destination (including shipping fees depending on the parcel's weight and reprinting fees).
At the time the Buyer or a third party designated by the Buyer is taking physical possession of the product, the risk of loss or damage to the products will be transferred to him/her, 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.
14- Ownership Transfer
The ownership of the product is transferred to the Buyer from the delivery date specified in the purchase order.
15 - 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 (French Consumer Code) and the legal guarantee against hidden defects under Articles 1641 to 1649 (French Civil Code).
Pursuant to articles 211-4 and following of the French 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 the French Consumer Code (article 211-9) you can chose between repairing or replacing the goods.
During the 24 months following the delivery of the goods you are exempt to submit proof of its lack of conformity.
You may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the French Civil Code. In that case pursuant to French Civil code (article 1644) you can choose between canceling the sale or a reduction of the sales price.
Article 211-4 of the French 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 is 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 French Consumer code
To conform to the contract, the product must:
- A) 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 ;
Article 211-12 of the French Consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 211-16 of the French 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 French 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 French Civil Code
An action resulting from inherent defects must be brought by the Buyer within two years from the discovery of the vice.
16 - 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 TCS shall be pronounced by registered letter with acknowledgment of receipt and will be automatically acquired without judicial formality.
17 - Dispute resolution
1. Claims. In case of dispute, the Buyer should immediately contact BlookUp's customer service at (+33)5 64 31 09 21 (non-premium number from a landline in France), Monday to Friday except on holidays or non-working days from 9:00 to 12:00 and 14:00 to 17:00 (CET) or by mail at the following address: BlookUp, 4, rue Esprit des lois, 33000 Bordeaux, France.
2. Mediation.If no solution is found within 21 days from the formalization of the request, the Buyer may refer his/her claim to the enter the Commission Paritaire de Médiation de la Vente Directe at: 100, avenue du Président Kennedy, 75016 Paris - phone: +33(0)1 42 15 30 00 - email: email@example.com. It will search a accord 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 t o 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, the Buyer can refer his/her 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 French Civil Procedure Code).
18- Language and applicable law
The contract language is French and the law applicable to the contract is French law.