Terms and conditions of use
(reserved for consumers)
- Scope of application
1.1 The present general terms of sale apply, without restriction or reservation to all sales concluded by BLI-DBP to non-professional buyers wishing to buy products offered for sale by BLI-DBP on its Internet site www.jfrey-deathstranding.com (the “Internet site”), notably glasses of the JFREY / Death Stranding brand.
1.2 These conditions apply to the exclusion of all other conditions, and notably those applicable to sales in stores or other channels of distribution and commercialization.
1.3 These general terms of sale are accessible at any time on the Internet site and shall prevail, if necessary, over any other version or any other document to the contrary.
1.4 Unless proven otherwise the information recorded by BLI-DBP constitutes the proof of all transactions.
1.5 Product offers are limited by the quantities of available stock. Indications about the availability of products are provided at the time that the order is placed.
1.6 The modifications of these general terms of sale are enforceable upon all users of the Internet site starting from the time that they are uploaded to the Site and cannot apply to transactions completed beforehand.
1.7 Validation of the order by the buyer is deemed as acceptance without reservation of the present general terms of sale.
2.1 It is the responsibility of the buyer to place the order on the Internet site in the following manner:
• According to the instructions provided, fill out the form with the information necessary to identify the customer (notably, last name, first name, postal address, telephone number, email address);
• Select the products that he would like to order;
• Definitively validate the order by clicking to indicate his commitment and acceptance of the order, of which a recap appears on the screen along with the general terms of sale.
2.2 The sale shall be considered as definitive after a confirmation of the acceptance of the order by BLI-DBP has been sent to the customer by email, and effective payment of the full price for the order has been made.
2.3 After confirmation and full payment, no cancellation of the order by the buyer can be possible, unless prior written approval has been obtained from BLI-DBP, in which case an amount corresponding to 20% of the total invoice shall be retained by BLI-DBP, as damages to remedy the harm endured.
2.4 BLI-DBP reserves the right to refuse to make a delivery or honor an order coming from a buyer with which a payment dispute is ongoing or likely.
2.5 In case of the unavailability of a product after an order has been placed, BLI-DBP will inform the buyer by email. The order will be automatically canceled and the buyer will be reimbursed if he has made payment beforehand.
3.1 The products are provided at the prices in effect appearing on the site, at the time that the buyer records the order.
The prices are expressed in Euros incl. tax.
3.2 These prices are firm and not revisable during their period of validity, as indicated on the Internet site. They do not include charges for processing, shipping, transport and delivery, which are invoiced separately.
3.3 An invoice is established by BLI-DBP and provided to the buyer upon delivery of the products ordered.
- Payment terms
4.1 The price is payable in cash, in full (including the eventual related delivery charges) on the day that the order is placed by the buyer, via secured payment by bankcard.
4.2 BLI-DBP will not be required to carry out delivery of the products ordered by a buyer if he does not pay the full price under the conditions stated above.
4.3 Payments by bank card are debited at the time of order placement.
In case of refusal of payment authorization by the officially approved organizations or in case of non-payment, or fraud, BLI-DBP reserves the right to suspend all handling of the order and all delivery activities and to take action against the perpetrators.
4.4 The payments made by the buyer shall not be considered as definitive until after effective payment of the amounts owed to BLI-DBP.
5.1 The products purchased by the buyer shall be delivered within the indicated timeframes and at the address provided by the buyer at the time of order placement on the Internet Site. Unless there is a special case or in the event of the unavailability of one or several products, the products ordered shall be delivered in a
single delivery at the same time.
5.2 Deliveries are made by an independent transporter.
5.3 The timeframes indicated for deliveries of the products ordered are communicated for informational purposes and an eventual delay cannot give way to any damages, withdrawal or cancellation by the buyer. In case of impossibility of the part of BLI-DBP to deliver within the indicated timeframes, a replacement product at an equivalent price or a reimbursement of his purchase will be proposed to the buyer.
5.4 The delivery is deemed as having been made once the products ordered have been entrusted by BLI-DBP to the transporter.
5.5 In case of a special request from the buyer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by BLI-DBP, the related costs will be reflected in a specific separate bill, accepted beforehand in writing by the buyer.
5.6 The buyer is required to verify the condition of the products delivered. He has one business day starting from the time of delivery to state any reservations or complaints by registered letter for nonconformity or apparent defects of the products delivered, with all related justification.
After this timeframe and in the absence of respect of these formalities, the products shall be deemed as being in conformity and exempt from all apparent defects and no complaint can be validly accepted by BLI-DBP.
5.7 For products delivered whose apparent defects or faults in conformity have been effectively proven by the Buyer, BLI-DBP will replace them as quickly as possible at its cost.
- Transfer of ownership – Transfer of risks
6.1 The transfer of ownership of the products of BLI-DBP, to the buyer, shall only take place after complete payment of the price by the buyer, regardless of the date of delivery of said products.
- Right of retraction
7.1 The buyer has, in conformity with the provisions of article L 121-20 of the Consumer Code, a retraction period of 14 business days, starting from the delivery of the products, to return them to BLI-DBP for exchange or reimbursement, provided that the products are returned in their original packaging, in perfect condition, and accompanied by all eventual accessories.
Articles that are damaged, soiled or incomplete are not taken back.
7.2 BLI-DBP will pays charges for the first return. The transport costs of further returns are payable by the customer.
7.3 The return of products must be accompanied by a return slip and the invoice.
7.4 The exchange (subject to availability) or reimbursement will take place within 15 days starting from the date of receipt by BLI-DBP of the articles returned by the buyer.
- Responsibility of BLI-DBP – Guarantee
8.1 The products provided by BLI-DBP benefit, in conformity with legal provisions:
– from the legal guarantee of conformity,
– from the legal guarantee against hidden defects due to the material, design or manufacture affecting the products delivered and rendering them improper for use.
8.2 Any guarantee is excluded in case of:
– improper use,
– lack of maintenance by the buyer,
– normal wear and tear of the goods,
– force majeure.
8.3 The guarantee from BLI-DBP is limited to replacement or reimbursement of the products not in conformity or affected by a defect.
8.4 In order to exercise its rights, the buyer will have to, at the risk of forfeiture of his right to pursue any related legal action, inform BLI-DBP in writing of the existence of defects within a maximum of 10 days starting from their date of discovery or from the day that the buyer should have discovered them.
8.5 BLI-DBP will replace or have replaced products under guarantee that are deemed as defective.
8.6 The products sold on the Internet Site conform to the regulations in effect in France. The responsibility of BLI-DBP cannot be engaged in case of non-respect of the legislation of the country in which the products are delivered; it is the buyer’s responsibility to verify this.
8.7 The photographs and illustrations accompanying the products on the Internet Site have no contractual value and cannot engage the liability of BLI-DBP.
8.8 The buyer is solely responsible for the choice of products, their conservation and their use.
8.9 BLI-DBP shall not be held responsible nor in default for any delay or non-performance following the occurrence of a case of force majeure habitually recognized by French jurisprudence.
- Information and freedoms
9.1 In application of law 78-17 of 6th January 1978, it is pointed out that personal information which is requested from the buyer is necessary notably for processing his order and for establishing invoices.
9.2 The buyer has, in conformity with national and European regulations in effect, a permanent right o access, modify, correct and oppose information concerning him.
- Intellectual property
10.1 The content on the Internet site is the property of BLI-DBP and its partners and is protected by French and international laws relative to intellectual property.
10.2 Any total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting violation.
10.3 BLI-DBP remains the owner of all intellectual property rights for the marks, studies, drawings, models, prototypes, etc., relative to the products sold on the Internet site. The buyer is thus forbidden from any total or partial reproduction or exploitation of said marks, studies, drawings, models, prototypes, etc., without the express, prior and written approval of BLI-DBP, which may provide it on the condition of financial compensation.
- Partial Invalidity
In case of the total or partial invalidity or the unenforceability of a clause of the general terms if sale, the other stipulations will continue to produce their effects.
- Force Majeure
The execution by BLI-DBP of all or a portion of its obligations shall be suspended in case of the occurrence of an act of God or force majeure which hinders the fulfillment of these obligations. The different cases recognized by French jurisprudence are considered as such cases.
- Applicable law – Language
13.1 By express agreement between the parties, the present general terms of sale and the resulting sales transactions are governed by and subject to French law.
13.2 The present general conditions are drafted in the French language. In the event that they are translated into one or several languages, the French text shall prevail in any disputes.
Any disputes resulting from the present general terms of sale or the resulting contracts, concerning their validity, interpretation, fulfillment or cancellation, shall be submitted to the competent courts under the conditions of common law.
- Acceptance of the Buyer
The fact that a natural person or company orders on the Internet deems complete adherence to and acceptance of the present general terms of sale, which is expressly recognized by the buyer who renounces availing himself of any document to the contrary, which shall be unenforceable against BLI-DBP.
16.1 BLI-DBP is a limited liability company with capital of 1.000.000 euros, whose headquarters is located at:
74, route des Camoins
Registered with the Commerce and Business Registry of Marseille under number 392 127 635, whose individual identification number is FR 91 392 127 635.
16.2 Telephone information: +33 (0)4 91 29 62 30 (Monday – Friday 10:00 a.m. -1:00 p.m. and 2:00 p.m. – 4:30 p.m.) (nonsurcharged number, price of a local call)