Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Applicable from 1 NOVEMBER 2023
These terms and conditions of sale are entered into, on the one hand, by the company Bulledac, with a share capital of 1,000 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 No. FR79 951 196 831, hereinafter referred to as "Bulledac", which operates the website captibulle.com, and, on the other hand, by any natural or legal person wishing to make a purchase via the website captibulle.com, hereinafter referred to as " the buyer ".
Clause 1: Purpose and scope
These terms and conditions of sale define the contractual relationship between Bulledac and the buyer and the conditions applicable to any purchase made through the website captibulle.com. The purchase of a product through this website implies the buyer’s unreserved acceptance 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 to enter into commitments under these general terms and conditions of sale.
Bulledac reserves the right to amend these terms and conditions of sale at any time in order to comply with any new regulations or to improve the use of its website. Consequently, the applicable terms and conditions shall be those in force on the date the buyer places the order.
Clause 2: Products
The products offered are those listed on Bulledac’s website captibulle.com, while stocks last. Bulledac reserves the right to change its product range at any time. Each product is presented on the website with a description setting out its main technical characteristics (capacity, use, composition…).
Photographs are as accurate as possible but are not binding on the Seller. The products presented on the website captibulle.com are offered for sale to all buyers residing in countries that fully authorize the entry of these products into their territory.
Clause 3: Prices
Prices shown on the product pages of the online catalogue are in euros (€), all taxes included (incl. VAT), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Bulledac reserves the right to change its prices at any time, it being understood, however, that the price shown in the catalogue on the day of the order shall be the only price applicable to the buyer. The prices shown do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order.
Clause 4: Discounts and rebates
The prices offered include any discounts and rebates that Bulledac may grant.
Clause 5: Early payment discount
No discount will be granted for early payment.
Clause 6: Orders and payment terms
Before placing an order, the buyer must create an account on the website captibulle.com. The buyer is solely responsible for keeping the information relating to their account confidential, in particular their password, and for all transactions carried out under their account. The buyer undertakes to notify Bulledac immediately of any unauthorized use of their account or password, or of any breach of security. However, the buyer may be held liable for any damage suffered by Bulledac or by any other user or visitor of the Site as a result of the use of their username, password or account by another person.
The buyer is not authorized to use another person’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Bulledac cannot be held liable for any damage resulting from the buyer’s failure to comply with these obligations.
On each visit, the buyer must log in with this information if they wish to place an order or view their account (order status, profile…). Bulledac allows the buyer to order and pay for products online in several steps by bank card, through the secure online payment service indicated on the Site, by PayPal or by any other means offered on the Site at the time of the order: the buyer selects the products they wish to order in the “cart”, makes any necessary changes (quantities, references…), and checks the delivery address or enters a new one. Shipping costs are then calculated and presented to the buyer. The buyer then chooses their preferred payment method. The next step asks the buyer to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, and then invites them to validate their order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure payment interface in order to enter their personal account or bank card details securely. If the payment is accepted, the order is recorded and the contract is definitively concluded. Payment by PayPal account or bank card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, and the sums paid will then be re-credited or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of the card. To obtain a refund of the fraudulent debit and any bank charges incurred by the transaction, the cardholder must dispute the debit in writing with their bank within the legal time limits.
In the event of any conflict between the general terms and conditions of the Payment Service Provider and Bulledac’s General Terms and Conditions, the latter shall prevail.
The buyer expressly authorizes Bulledac to forward to the Payment Service Provider all instructions relating to payments made on the Site.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgment of full knowledge of them, and waiver of the right to rely on the buyer’s own terms and conditions of purchase. All data provided and the recorded confirmation shall constitute proof of the transaction. If the buyer has an email address and has entered it on the order form, Bulledac will send confirmation of the order by email.
If the buyer wishes to contact Bulledac, they may do so either by post at the following address: Bulledac – 8 Montée Val d’Azur – 83110 Sanary-sur-mer; or by email at the following address: contact@captibulle.com; or by phone on +33 (0)667726524
Clause 7: Termination clause for late payment
If, within fifteen days of the implementation of the "Late payment" clause, the buyer has not paid the sums still owed, the sale shall be automatically terminated and may give rise to the award of damages in favour of Bulledac.
In the event of total or partial non-payment for goods delivered by 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 the rate in force on the day the goods are delivered.
In addition to late payment penalties, any sum, including any deposit, not paid by its due date shall automatically give rise to the payment of a fixed indemnity of 40 euros for recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Clause 8: Retention of title
Bulledac retains full ownership of the products sold until full payment of the price, including principal, charges and taxes.
Accordingly, if the buyer is subject to receivership or court-ordered liquidation, Bulledac reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.
Clause 9: Right of withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code, a buyer who is a consumer has a period of fourteen (14) calendar days from receipt of their order to exercise their right of withdrawal, without having to give reasons for their decision.
To exercise this right, the buyer may use the online withdrawal function made available on the website, accessible without logging in via the link “Withdraw from the contract here”: https://captibulle.com/pages/eu-formulaire-retractation. This function allows the buyer to declare their withdrawal by entering their name and order number; a dated acknowledgment of receipt is then sent to them automatically by email. The buyer may also notify their decision by any unambiguous statement sent to contact@captibulle.com or by post to Société Bulledac, 8 montée Val d'Azur, 83110 Sanary-sur-mer.
In the event of withdrawal, Bulledac will refund the buyer all sums paid, including standard delivery charges, no later than fourteen (14) days after being informed of this decision. The refund may be deferred until the products have been recovered or until the buyer has provided proof of their shipment. The direct costs of return remain the responsibility of the buyer, who has been informed thereof. Products must be returned in their original condition.
The right of withdrawal applies only to buyers who are consumers and cannot be exercised for the categories of goods and services excluded by Article L221-28 of the French Consumer Code.
Clause 10: Delivery
Deliveries are made to the address given on the order form as the “delivery address” (which may differ from the billing address), which must be within the agreed geographical area. Orders are shipped by La Poste with a tracked delivery service, delivered without signature, or by any other delivery service. Delivery times are given for information only; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer refunded. Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:
- the award of damages;
- the cancellation of the order.
Bulledac may provide the buyer with the tracking number of their parcel by email. The buyer’s order is delivered to their home by their postal carrier. Transport risks are borne by the Supplier from the moment the items are handed over to the carrier until they are received by the buyer, except where the buyer wishes to use another carrier. The buyer must check the condition of the packaging and its contents upon delivery, in the presence of the La Poste employee or delivery driver. In the event of damage during transport, any complaint must be made to the carrier and confirmed in writing within three days of delivery by registered letter with acknowledgment of receipt addressed to the company.
Clause 11: Invoicing
Purchase invoices will be sent to the buyer by email, per order in the case of a single purchase.
Clause 12: Warranty
All products supplied by Bulledac benefit from the legal warranty provided for by Articles 1641 et seq. of the French Civil Code. If a product sold does not conform, it may be returned to Bulledac, which will take it back, exchange it or refund it. All claims and requests for exchange or refund must be made by post to the following address: Société Bulledac – 8 montée Val d’Azur – 83110 Sanary-sur-mer, within thirty days of delivery.
Clause 13: Liability
In the distance selling process, Bulledac is bound only by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other involuntary problems.
Captibulle products are designed to reduce the field of vision in order to channel attention onto an activity and thus block out distractions from the environment. The parties agree that the effectiveness of the device, whose purpose is to help the wearer concentrate, meets the standards if it is worn under proper conditions. If the Captibulle is used incorrectly, this objective will not be achieved. Thus, although the Captibulle is a tool that promotes concentration, it does not guarantee results.
Clause 14: Force majeure
Bulledac shall not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code.
Clause 15: Personal data
Bulledac undertakes to keep confidential the information provided by the buyer that the buyer may need to transmit in order to use certain services. All information concerning the buyer is subject to the provisions of French Law No. 78-17 of 6 January 1978. Accordingly, users have the right to access, modify and delete information concerning them. They may request this at any time by post at the following address: Société Bulledac – 8 montée Val d’Azur – 83110 Sanary-sur-mer.
These distance selling terms and conditions are governed by French law. In accordance with the law, Bulledac informs its consumer customers that they may use a consumer mediator (Médiation CMFM https://mediationcmfm.eu/). All disputes and litigation shall be submitted to the competent court.
Clause 17: Intellectual property rights
The systems, software, structures, infrastructures, databases and content of any kind (texts, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations and computer code, the design, structure, selection, coordination, expression, look and feel, presentation and arrangement of the content, visuals, databases, etc.) appearing on and used by captibulle.com are protected by all applicable intellectual property rights or database producers’ rights, and are protected by trade dress, copyright, patent and trademark laws, and various other applicable laws relating to intellectual property and unfair competition. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part (including by “mirroring”) on another computer, server, website or publication or distribution medium, or for any commercial enterprise whatsoever, without the written authorization of Bulledac is strictly prohibited and may give rise to legal proceedings.
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 of which Bulledac shall be the sole judge.
Clause 19: Third-party links and sites
Bulledac cannot under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any partners) that the customer may access via the Site.
Bulledac accepts no liability for the content, advertising, products and/or services available on such third-party sites and mobile applications, which, as a reminder, 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 any of its partners) to which the buyer may be directed via the Site, and Bulledac shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations by which such third parties are bound.
Clause 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 intrusion or attempted intrusion into the systems of captibulle.com, (iii) any misappropriation of the Site’s system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Bulledac or of users of the captibulle.com Site, (vii) any practice that diverts the captibulle.com site from the purposes for which it was designed, and finally, more generally, (viii) any breach of the General Terms and Conditions or of the laws and regulations in force.
It is also strictly prohibited to monetize, sell or grant all or part of the access to the captibulle.com Site or to the information it contains, or to resell products intended for the buyer’s personal use.
In the event of a breach of any of the provisions of this article or, more generally, of any infringement of laws and regulations, Bulledac reserves the right to take all appropriate measures and to bring any legal action.
Clause 21: Means of proof
Proof may 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 computer equipment, constitute the main accepted means of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
