General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Applicable as of NOVEMBER 1, 2023
These terms and conditions of sale are concluded, on the one hand, by the company Bulledac with a share capital of 1000 euros, whose registered office is located at 8 montée Val d'Azur – 83110 Sanary-sur-mer, registered on 06/04/2023, with the Toulon Trade and Companies Register under number 951 196 831 / VAT N°FR79 951 196 831, hereinafter referred to as "Bulledac" and managing the captibulle.com website, and, on the other hand, by any natural or legal person wishing to make a purchase via the captibulle.com website, hereinafter referred to as "the buyer".
Clause n° 1: Purpose and scope of application
These terms and conditions of sale aim to define the contractual relationship between Bulledac and the buyer and the conditions applicable to any purchase made through the captibulle.com website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares that they have full legal capacity, allowing them to commit under these general terms and conditions of sale.
The company Bulledac reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the buyer's order.
Clause n° 2: Products
The products offered are those listed on the Bulledac company's captibulle.com website, within the limits of available stock. The Bulledac company reserves the right to modify its product assortment at any time. Each product is presented on the website with a description detailing its main technical characteristics (capacity, use, composition, etc.).
The photographs are as accurate as possible but do not bind the Seller in any way. The sale of products presented on the captibulle.com site is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Clause n° 3: Price
The prices listed on the product sheets in the online catalog are in Euros (€) and include all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. The company Bulledac reserves the right to modify its prices at any time, however, it is understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The indicated prices do not include delivery costs, which are billed in addition to the price of the purchased products according to the total amount of the order.
Clause n° 4: Discounts and rebates
The prices offered include any discounts and rebates that Bulledac may grant.
Clause n° 5: Discount
No discount will be granted in case of early payment.
Clause n° 6: Orders and payment methods
Before placing any order, the buyer must create an account on the captibulle.com website. The buyer is entirely responsible for maintaining the confidentiality of their account information, including their password, and for all operations performed under their account. The buyer undertakes to notify Bulledac immediately in case of unauthorized use of their account or password, or any security breach. However, the buyer may be held responsible for damages suffered by Bulledac or by any other user or visitor of the Site due to the use of their login, password or account by another person.
The buyer is not authorized to use another person's login, password or account at any time, without the explicit authorization and agreement of the holder of that login, password or account. Bulledac cannot be held responsible for damages resulting from its failure to comply with these obligations.
With each visit, the buyer, if they wish to order or consult their account (order status, profile, etc.), must identify themselves using this information. The company Bulledac offers the buyer to order and pay for their products online in several steps by credit card, through the secure online payment service indicated on the Site, by Paypal or by any other means that will be offered on the Site at the time of order: the buyer selects the products they wish to order in the "cart", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer. Next, the buyer chooses their preferred payment method. The next step asks them to check all the information, read and accept these general terms and conditions of sale by checking the corresponding box, then invites them to confirm their order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure payment interface to securely enter their account or personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of it, the buyer may request the cancellation of the card payment, the sums paid will then be re-credited or refunded. The responsibility of the credit card holder is not engaged if the contested payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the debit with their bank within the legal deadlines.
In case of contradiction between the terms and conditions of the Payment Service Provider and Bulledac's General Conditions, the latter shall prevail.
The buyer expressly authorizes Bulledac to transmit to the Payment Service Provider all your instructions regarding payments made on the Site.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them, and waiver of the right to invoke one's own terms and conditions of purchase. All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, Bulledac will send them an email confirming the registration of their order.
If the buyer wishes to contact Bulledac, they can do so either by mail to the following address: Bulledac – 8 Montée Val d’Azur – 83110 Sanary-sur-mer; or by email to the following address: contact@captibulle.com or by phone at +33 (0)667726524
Clause n° 7: Termination clause for late payment
If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not settled the outstanding amounts, the sale will be automatically terminated and may give rise to the allocation of damages to Bulledac.
In case of total or partial non-payment of goods delivered on the due date, the buyer must pay Bulledac a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day the goods are delivered.
In addition to late payment penalties, any sum, including the deposit, not paid on its due date will automatically incur the payment of a flat-rate indemnity of 40 euros for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause n° 8: Retention of title
Bulledac retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
As such, if the buyer is subject to receivership or liquidation, Bulledac reserves the right to reclaim, within the framework of the collective proceedings, the goods sold and remaining unpaid.
Clause n° 9: Right of withdrawal
Pursuant to Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs. This clause applies only to consumer customers.
Clause n° 10: Delivery
Deliveries are made to the address indicated on the purchase order as the "delivery address" (which may differ from the billing address), which can only be within the agreed geographical area. Orders are carried out by La Poste delivery service with tracking, delivery without signature, or any other delivery service. Delivery times are given for information only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Consequently, any reasonable delay in the delivery of products cannot give rise to the buyer's right to:
• the allocation of damages;
• order cancellation.
Bulledac may provide the buyer with the tracking number for their package by e-mail. The buyer is delivered to their home by their postman. Risks associated with transport are borne by the Supplier from the moment the items are handed over to the carrier until their reception by the buyer, except in cases where the buyer wishes to use another carrier. The buyer is required to check, in the presence of the Post Office employee or delivery person, the condition of the merchandise's packaging and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier, confirmed in writing within three days of delivery by registered mail with acknowledgment of receipt addressed to the company.
Clause n° 11: Invoicing
Purchase invoices will be sent to the buyer by email, per order in the case of a single purchase.
Clause n° 12: Warranty
All products supplied by Bulledac benefit from the legal guarantee provided for in articles 1641 et seq. of the Civil Code. In the event of non-conformity of a sold product, it may be returned to Bulledac, which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: Bulledac – 8 montée Val d’Azur – 83110 Sanary-sur-mer, within thirty days of delivery.
Clause n° 13: Liability
Bulledac, in the distance selling process, is bound only by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service interruption, or other involuntary problems.
Captibulle products are designed to reduce the visual field in order to channel attention to an activity and thus block environmental distractions. The parties agree that the effectiveness of the device, whose objective is to help concentration, meets the standards if it is worn under proper conditions. If the Captibulle is misused, the objective will not be achieved. Thus, although the Captibulle is a tool that promotes concentration, it does not guarantee the result.
Clause n° 14: Force majeure
Bulledac's liability cannot be invoked if the non-execution or delay in the execution of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure is understood to be any external, unpredictable and irresistible event within the meaning of Article 1218 of the Civil Code.
Clause n° 15: Personal data
Bulledac undertakes to maintain the confidentiality of the information provided by the buyer, which they may be required to transmit for the use of certain services. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the internet user has a right to access, modify and delete information concerning them. They can make such a request at any time by mail to the following address: Bulledac – 8 montée Val d’Azur – 83110 Sanary-sur-mer.
Clause n° 16: Dispute resolution
These distance selling conditions are subject to French law. In accordance with the law, Bulledac informs consumer customers that they have the option of resorting to a consumer mediator (CMFM Mediation https://mediationcmfm.eu/). All disputes or litigation are subject to the competent Court.
Clause n° 17: Intellectual property rights
The systems, software, structures, infrastructures, databases and content of all kinds (texts, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations and computer codes, the design, structure, selection, coordination, expression, appearance and usability, presentation and arrangement of content, visuals, databases, etc.) appearing and exploited on captibulle.com are protected by all intellectual property rights or database producer rights in force, and are protected by legislation on trade dress, copyright, patents and trademarks, and various other applicable laws on intellectual property and unfair competition. All disassemblies, decompilations, decryptions, extractions, reuses, copies and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part (including by "mirror writing") on another computer, server, website or publishing or distribution medium, or for any commercial enterprise whatsoever, without the written authorization of Bulledac, are strictly prohibited and may be subject to legal prosecution.
Clause n° 18: Communicated advertising
Bulledac reserves the right to insert on any page of the Site and in any communication sent, any advertising or promotional messages in a form and under conditions that Bulledac alone determines.
Clause n° 19: Links and third-party sites
Bulledac cannot be held responsible in any way for the technical availability of internet sites or mobile applications operated by third parties (including any partners) that the client may access via the Site.
Bulledac assumes no responsibility for the content, advertisements, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
Bulledac is also not responsible for transactions between the buyer and any advertiser, professional or merchant (including its potential partners) to whom the buyer would be directed via the Site, and Bulledac would in no way be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.
Clause n° 20: Prohibited conduct
The following are strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempts at intrusion into captibulle.com systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on its infrastructure, (v) any attacks on security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of Bulledac or those of captibulle.com users, (vii) any practice diverting the captibulle.com site for purposes other than those for which it was designed, and finally, more generally (viii) any breach of the General Conditions or of the laws and regulations in force.
It is also strictly forbidden to monetize, sell or grant all or part of the access to the captibulle.com Site, the information it contains, as well as to resell products intended for the buyer's personal use.
In the event of a breach of any provision of this article or, more generally, of infringements of laws and regulations, Bulledac reserves the right to take all appropriate measures and to initiate any legal action.
Clause n° 21: Method of proof
Proof can be established by any means.
The buyer is informed that messages exchanged via the captibulle.com Site, as well as data collected on the captibulle.com Site and Bulledac's IT equipment, constitute the main mode of proof admitted, particularly for demonstrating the reality of the Services performed and the calculation of their price.
