General Terms and Conditions

Article 1 - General provisions relating to these general conditions

The general conditions of sale or the “ CGV ” are applicable to the online sale in France and abroad of products offered by Blu Kirié, commercial name Blusha, on the merchant website at the following address: https:// blushaofficial.com/ .

The General Terms and Conditions are made available to customers on the website where they can be consulted directly.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing the order. Validation of the order by its confirmation means both that the consumer buys the good presented and also constitutes full and complete acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the company. Blu Kirié.

The Blu Kirié company specifies that it is not possible to purchase a property without accepting these conditions provided below.

Article 2 - Purpose

These conditions of sale aim to define the contractual relations between the company Blu Kirié and the buyer and the conditions applicable in the context of the sale of goods offered on the merchant website of https://blushaofficial.com/

These conditions of sale will prevail over any other general or specific conditions not expressly approved by Blu Kirié, no other conditions can be integrated into them.

The sale is reserved for adults or minors with parental authorization.

Blu Kirié reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

These General Terms and Conditions are available in French and English. In the event of a difference between the two versions, the French version prevails.

Article 3 – Product characteristics

The Site is a merchant site for ready-to-wear beachwear including swimwear (hereinafter the “ Product(s) ”) open to any natural or legal person (the “ Customer ”) using the Site.

The Products presented on the Site are each subject to a description established by the supplier mentioning their essential characteristics. The customer is fully informed that the images, photos and colors of the products offered for sale have only an indicative value, alterations could appear due to the processing of the photo or could not correspond to the actual colors under the effect of the Internet browser of the screen used. Product maintenance is listed on the site and on each label.

The Blu Kirié company invites the consumer to read these characteristics carefully.

These products and services are on sale while stocks last, for a specific period; The customer should pay attention to the validity limit of the offer over time.

If one or more ordered items are no longer available, the Customer will be informed by e-mail as soon as possible.

The Customer may then cancel the order for the product(s) concerned and be reimbursed, if applicable, the sums already paid, by credit to the bank account corresponding to the bank card used for payment at the latest within 30 days.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

The customer is aware that the goods will be delivered by post, carrier or collection at a relay point within the time limits specified during the final validation of the order.

The products and services on sale on the site www.blushaofficial.com can be acquired and delivered in Metropolitan France and abroad. Blu Kirié reserves the right to modify the list of delivery countries at any time.

Article 4 – Creation of the customer area or registration

When ordering on the Site, the Customer must first create an account allowing him to see his pre-entered data . Once created, to access it, the Customer must identify themselves using their username / email address and his secret, personal and confidential password. It is the Customer's responsibility not to communicate his username and password to anyone. Each Client undertakes to maintain strict confidentiality regarding the data, in particular identifier and password, allowing him to access his account, the Client acknowledging that he is the only one responsible for access to the Service through his identifier /email and its password.

After creating their account, the Customer will receive an email confirming the creation of their customer area.

The Customer undertakes when creating an account to:

• deliver real, accurate, up-to-date information at the time of entry into the personal information form, and in particular not to use false names or addresses, or names or addresses without authorization.

• maintain registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.

The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Blu Kirié company will be able to suspend or terminate the Customer's access to the Site at its sole discretion.

The Customer must also log out of their account and close their browser window at the end of each session. The Client will thus prevent users from accessing his personal information.

The Customer alone will bear the consequences of any fraudulent use of his password.

In accordance with the law of January 6, 1978, the Customer has a right of access to personal data concerning him which he can exercise with Customer Service at the address bonjour@blushaofficial.com , without prejudice to the right he also has the right to object for good reason to the processing of this data.

Article 5 – Orders

The customer who wishes to purchase a product or service must:

-select the chosen Products, add them to the basket indicating the desired quantities

-Complete a form on which you will indicate all the contact details requested to register and create your customer account (title, surname, first name, full delivery and billing address, telephone number, email and password) or, he already has a customer account, indicate his email and password and validate his delivery and billing address

-Choose your delivery method and make payment under the conditions provided; if the consumer has a discount voucher, they must enter their code in the field provided for this purpose.

-validate the order after checking it

-The Customer receives electronically an acknowledgment of receipt listing the elements of their order. The order will then only be confirmed after acceptance of payment by the Customer's bank and receipt of the order amount by Blu Kirié.

The Customer receives electronically a confirmation of the order.

The Customer receives his package at the delivery address he indicated when ordering by post, carrier or must collect it from a relay point within the time frame specified during final validation of the order.

The order summary will also be accessible on the Site in the “My account” section, “my orders” category.

The Customer accepts that the invoice will be considered as proof of the contractual relations between the parties. The Customer will have the possibility to print the invoice sent with the order confirmation.

Certain Products are available for pre-order, that is to say they are out of stock but the stock will be restocked: in this case, the Customer is invited to pre-order and the restocking time is indicated under the "pre-order" button.

The payment procedure remains the same. Pre-ordered Products are delivered independently of the rest of the order, within the time indicated during the pre-order.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery costs prior to paying for their order. Validation of the order and its payment entails acceptance of these conditions of sale, recognition of having perfect knowledge of them and the waiver of taking advantage of one's own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his account.

Blu Kirié reserves the right to cancel or refuse any order from a Customer for any legitimate reason, in particular in the event that:

• The Customer does not respect the General Conditions of Sale in force at the time of his order;

• One of the Customer's previous orders is the subject of a dispute or presents any form of payment risk.

• The Customer did not respond to a request for confirmation of his order that Blu Kirié sent to him.

Any order modification by the Customer after confirmation of his order will not be accepted by Blu Kirié.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, Blu Kirié cannot be held responsible in any way in the event that an error when placing the order prevents or delays delivery /delivery.

By validating the order, the buyer certifies either being of capable age or having parental authorization to proceed with the order . The authorized minor undertakes to inform the parental authority of the collection of their personal data, who may object to their conservation and/or transmission to third parties.

With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

In the event of failure by the Customer to comply with one of the provisions hereof, Blu Kirié reserves the right to terminate said Customer's account without notice.

Article 6 – Payment terms and security

Full payment is due upon ordering.

Unless the server is unavailable, payment will be made immediately on the Internet by credit card (Blue, Visa, Eurocard/Mastercard) via the secure platform implemented by Stripe (www.stripe.com). It will be carried out through the secure system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can become aware of it during transport on the network. The Customer's account will be debited for the amount of the order when the details of the bank card used have been verified and the debit has been accepted by the bank that issued the bank card. At no time can the sums paid be considered as deposits or deposits. No cash on delivery will be accepted, whatever the reason. In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

At the customer's request, an invoice will be sent showing VAT.

Any order placed on the Site implies the guarantee on the part of the Customer that he has all the necessary authorizations to use the means of payment made available on the Site. Blu Kirié reserves the right to suspend or cancel any order if it encounters difficulties in collecting payment or arising from a Customer account previously the source of fraud.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

In any event, Blu Kirié reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Site www.blushaofficial.com is subject to a security system in order to protect as effectively as possible all sensitive data linked to the means of payment used on the Site.

Article 7 – Price

The price of the Products appearing on the merchant site is indicated per item and reference in euros, all taxes included (TTC), taking into account possible reductions and the VAT applicable on the day of the order, any change in the VAT rate may be passed on on the price of products or services.

Blu Kirié reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the site on the day of the order will be the only one applicable to the customer, barring typographical error or omission.

The prices indicated are guaranteed within the limits of available stocks.

The prices of the products indicated on the site, whatever the place of delivery, do not take into account order processing, delivery and transport costs which will be invoiced in addition and will be specified to the customer when validating their order.

For intra-EU deliveries, the prices indicated are prices including VAT in euros.

For deliveries outside the EU, the prices indicated are prices excluding tax.

It is specified that customs duties and possible taxes requested during delivery of the order in certain countries are not included in the prices and are the responsibility of the customer.

Article 8 – Reservation of ownership

Blu Kirié remains the owner of the Products on the Site until full payment for each order has been received.

Article 9 – Delivery and return

Delivery

The sale of products and services presented on the site is reserved for customers who reside in mainland France and outside mainland France for deliveries required in these geographical areas.

Delivery costs are those specified when finalizing the order and are accepted by validation of the order .

All orders placed Monday to Friday before 12:00 p.m. are shipped the same day

All orders placed Monday to Thursday after 12:00 p.m. are shipped the next day

All orders placed from Friday after 12:00 p.m. to Sunday evening are shipped the following Monday

All orders placed on a public holiday are shipped the first following business day

Order processing may sometimes be extended during periods of high activity during sales periods. Occasional updates to our systems or cases of force majeure may result in a suspension of delivery, a change in the delivery deadline and/or an extension of the delivery time.

A tracking number is provided for each order in order to follow the progress of the package on the websites made available by La Poste, Chronopost, Mondial Relay, Fedex, DHL, etc.

No modification of address, products or other will be possible after validation of payment.

The products are delivered to the address indicated by the customer when ordering.

It is therefore up to him to check that this address does not contain any errors. Blu Kirié cannot be held liable if the address provided by the Customer is incorrect or incomplete, thus preventing or delaying delivery. The customer must provide a valid and complete address. All costs related to the reshipment of products due to an error in the customer's address entry will be the responsibility of the customer.

Once your package has been received by La Poste, Mondial Relay or the carrier, we are no longer liable.

When using a credit or size exchange for an identical item, delivery costs for the next order are the responsibility of the customer.

In the event of non-receipt of the package, despite its delivered status visible in the delivery tracking. The customer can contact the brand for further information. He will be asked for a certain number of verifications as well as proof of non-receipt of the package and a complaint, after which we will proceed after obtaining a legal document. The customer must report any delivery incident within 7 days to customer service.

For deliveries to Metropolitan France

Free delivery in France to Mondial Relay relay point from 90.00 euros of purchases

Delivery method	Price	Delivery time after shipment
Home : La Poste Colissimo without signature	€7.00	2 days

*We can ship an order to mainland France and Monaco by Chronopost for the next day if you place the order before 12 p.m. Monday to Thursday

For deliveries outside mainland France

Country	Price	Delivery time after shipment
Home : Europe Depending on the delivery area Mondial Relay relay point Chronopost Chronoclassic Fedex international economy Fedex International Priority before 12:00 p.m.	€10.22 €15.81 €17.66 €20.31	7 days 2 days 2 days 1 day
World Chronopost Chrono Express Fedex International Priority before 12:00 p.m.	€32.49 €34.34	2 days 1 day

Deliveries of orders outside mainland France are sent via La Poste, Mondial Relay, Fedex, Chronopost and DHL and are the responsibility of the customer.

Any order placed on the site and whose country of delivery is outside mainland France may be subject to costs , duties and customs formalities or import taxes, payable by the recipient upon receipt of the order. , at the rate in force in the country of the delivery address and are its responsibility. Blu Kirié is not required to verify and inform the customer of these costs, duties and customs formalities or import taxes.

If delivery to the address indicated by the customer is impossible or in the event of absence, the package can be redirected to a post office, a carrier depot or a relay point close to the address indicated. In this case, Blu Kirié does not reimburse the delivery costs paid. In addition, when the package has not been collected by the customer within the allotted time, the delivery costs paid remain the responsibility of the customer as well as those linked to a possible reshipment in the event that the package is returned to Blu Kirie. If the customer does not respond, the order will be refunded excluding delivery costs.

In the event of absence during a Fedex delivery to the address indicated by the Customer, the Customer has the possibility, on the Fedex website, by entering the tracking number of the shipment in the Tracking number field or 'InfoNotice passing notice of:

- Have the shipment delivered to an available neighbor, if a signature is required

- Arrange collection of the shipment from a Fedex customer center

- Reschedule the delivery date of the shipment for a day when you can receive it

- Have the shipment delivered to a different address

Delivery times from the Post Office and carriers are given for information purposes only. After these deadlines, the customer must send a complaint to the Post Office or the carrier, if these exceed 30 days from the order, the sales contract may be terminated by the customer and he will be reimbursed for the order, under condition of returning the order to us, the return costs are the responsibility of the customer.

Blu Kirié is in no way responsible for any problems that may occur during delivery. All our products leave our premises in perfect condition. The customer must check the package on arrival and must notify the carrier or La Poste of any reservations and complaints that appear justified, and if necessary refuse the package in the event of damage or opening. In the event of damage during transport, the complaint must be sent by registered letter with acknowledgment of receipt to the carrier or to the Post Office within three days after receipt of the delivery. In the event of an error in preparing an item or a missing item, the customer must check the order and notify the brand of any error or missing item within 48 hours after receipt of the order; after this time no complaints will be possible.

Blu Kirié reserves the right to refuse to make a delivery from a customer who has not fully paid a previous order or with whom a dispute is the subject.

The following are considered in particular as cases of force majeure relieving Blu Kirié of its obligation to deliver: war, riot, fire, flood, particularly bad weather conditions, strikes, accidents, pandemics, the impossibility to be supplied.

Back

For any order placed on the Site, the Customer can return the item(s) via the Site within 14 days from the date of receipt of the order. Delivery costs will not be refunded, please note that return costs to mainland France and outside mainland France are the responsibility of the customer, including duties , customs formalities and taxes . Delivery costs for the next order in mainland France and outside mainland France are also the responsibility of the customer. If the order is returned after this legal deadline, your refund cannot be made.

The customer must send by email to bonjour@blushaofficial.com their return choice between a size exchange for an identical item, a credit or refund for a returned item as well as the order number, tracking number and carrier name.

Return risks are the responsibility of the Customer. For returns in mainland France, the customer must only make the return by La Poste via tracked delivery. For returns outside mainland France, the customer must make the return using the carrier of their choice. The Customer must return the package by any means which provides proof of its sending and giving it a certain date (colissimo, followed letter, registered letter with acknowledgment of receipt, carrier, etc.), without tracking information, your return cannot be processed and refunded or be the subject of a credit or exchange of size for an identical product. No returns will be accepted via the Mondial Relay, Chronopost Shop2Shop, Colis Privé, Relais Colis network of relay points even for orders initially delivered via this means.

The items must be tried on with your underwear, the self-adhesive hygienic protection strips still present, returned in their original packaging, in new condition, neatly folded, complete, suitable for re-marketing, unworn, not washed, with the original product labels still attached, with all the strap accessories, removable shells, fasteners, buttons and also contain the order number and the delivery note with the visible tracked shipping slip . Each returned item must be new, in its original packaging and condition with all labels and hygiene seals. Any item returned incomplete, damaged, damaged, soiled or rolled into a ball, washed or stained will not be taken back. Therefore, refunds or exchanges cannot be made. The product will be returned to you at your expense.

All products not respecting these conditions, Blu Kirié will not be able to reimburse or create a credit or exchange a size for an identical product. Returned products cannot be returned, will not be taken back, the customer will remain the owner of the products, which he can have returned to his address and at his expense within fifteen days of receipt of the return by Blu Kirié. Beyond this period, unclaimed, non-saleable products will be destroyed. No recourse will then be possible and Blu Kirié will be considered exempt from any possible commercial action.

In the event of a refund request:

The returned item will be refunded to the Customer within 14 days of receipt, control and acceptance by Blu Kirié . An email will be sent to you to inform you of the refund.

Once the Products have been received, checked and accepted by our services, the reimbursement of the returned Products at the invoiced price will be made by crediting the amount to be reimbursed to the Customer's bank account debited during the transaction. This reimbursement may be made by the same means of payment as that used by the Customer.

If you request a credit note:

It will be carried out within 14 days from receipt, control and acceptance by Blu Kirié of the returned products.

The credit will be made by issuing a credit equal to the sum of the amount of the Products returned and valid for 6 months.

This credit will be available on the site in the “My discount vouchers” section, “My account” category.

This credit can be used only once. Any balance will be forfeited.

Delivery costs for the next order are the responsibility of the customer

When an order is made with a credit, in the event that the products are returned, they cannot be subject to a refund or a new credit, only the exchange of size for an identical product will be authorized and the Return and delivery costs payable by the customer.

If requesting a size exchange for an identical product:

You will receive an email confirming your new order. Delivery costs for the next order are the responsibility of the customer.

The order shipped then returned to the sender Blu Kirié for NPAI (Does not live at the Address Indicated), incorrect address or name, the customer must provide a valid and complete address. All costs related to the reshipment of products due to an error in the customer's address entry will be the responsibility of the customer. In case of parcel unclaimed, the order will be canceled and refunded. Delivery costs will not be refunded.

Article 10 – Right of withdrawal

In accordance with the law, customers, non-professional individuals, have a withdrawal period of 14 days from receipt of their order to return the product to Blu Kirié for reimbursement without penalty , with the exception of costs. delivery (note that return costs are the responsibility of the customer). If the customer exercises his right of withdrawal within this period, the Blu Kirié company will reimburse the amount paid.

By sending us by email to bonjour@blushaofficial.com a letter of withdrawal, the products concerned, the order number, the tracking number, the name of the carrier .

The Products must be unworn, must be tried on with your underwear, the self-adhesive hygienic protection strips still present, returned in their original packaging, in new condition, neatly folded, complete, suitable for re-marketing, unworn, unwashed, with the original product labels still attached, with all strap accessories, removable shells, fasteners, buttons and also contain the order number and delivery note with the tracked shipping slip visible. Each returned item must be new, in its original packaging and condition with all labels and hygiene seals. Any item returned incomplete, damaged, damaged, soiled or rolled into a ball, washed or stained will not be taken back. Therefore, refunds or exchanges cannot be made. The product will be returned to you at your expense.

Art. 11 E-gift card

The E-gift card is an anonymous card available for purchase online and valid only on the site, issued to the holder, which can be used for purchases or to offer it to loved ones.

The amount of the E-gift card available for purchase is €30 to €300.

SHIPPING - The E-gift card is sent by email to the recipient indicated by the buyer at the time of purchase, the customer will receive an e-mail confirming payment, indicating the amount and characteristics of the e-gift card, usable immediately for purchasing products online.

RETURN - As with all purchases made on the site, you have 14 days to return the item and be refunded or credited for the amount of the returned item or a size exchange for an identical product.

• The E-Gift Card can be used during its validity period of one year from its activation date, in one or more installments, up to the amount of the E-Gift Card.

• Payment by E-gift card is done by validation of the transaction amount displayed on the site. The payment then becomes final and irrevocable.

• Several E-Gift Cards can be used to pay for the same product. It is possible to supplement the value of the e-gift card with other accepted payment methods, the payment is final and irrevocable. Transactions carried out are immediately debited from the balance of the E-Gift Card.

• The E-Gift Card cannot be exchanged, transferred, resold, credited to a card or bank account, nor subject to a discount or request for opposition or give rise to monetary compensation in any form whatsoever, totally or partially.

The E-gift card is activated on the day of purchase by the customer who purchases the E-Gift card. The E-Gift Card is loaded once, in euros, up to the amount determined by the customer who purchases the Card (i.e. the minimum amount is €30, the maximum amount is €300).

The balance of the e-gift card as well as the latest transactions carried out with it can be viewed online.

The E-Gift Card cannot be replaced or refunded in the event of loss or theft.

The purchase of an E-gift card cannot be paid for with another E-gift card.

Art.12 Promo code

If the customer has a promo code, he must enter the code in the field provided for this purpose before validation and payment of the order.

The promo code may or may not apply to delivery costs, specified before validation of the order.

The promo code cannot be combined with other promo codes.

The promo code has a validity period.

Article 13 – Intellectual property

All Products and models, as well as texts, comments, photos, videos, visual identity, brands, logos, graphics, concept, illustrations and images, animated or not, database, structure of the site and all other components of the Site are and remain the intellectual and exclusive property of Blu Kirié and are protected by French and international intellectual property rights. No one is authorized to reproduce, exploit, rebroadcast, publish, or use for any reason whatsoever, even partially, components of the site, whether software, visual or sound.
Any simple or hypertext link is strictly prohibited without the express written consent of Blu Kirié.

ARTICLE 14 – Liability and guarantee

Responsibility

Blu Kirié, in the online sales process on its site www.blushaofficial.com, is only bound by an obligation of means; its liability cannot be engaged if the site is inaccessible (maintenance, updates, technical improvements, evolution of content) or damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, other unintentional problems or any fact qualified as force majeure, in accordance with the law and case law.

Blu Kirié reserves the right to feature a third party on the Site in any manner whatsoever, and is not responsible for third party sites to which visitors are directed from the Site.

Guarantee

The product benefits from guarantees of conformity and hidden defects. In the event of non-compliance of the product sold, it may be returned to Blu Kirié who will take it back, reimburse it or process it in exchange for a credit.

The Customer must inform Customer Service by writing to the following email address: bonjour@blushaofficial.com

In the absence of the aforementioned conditions, Blu Kirié cannot exchange a credit or reimburse the returned Product. The costs associated with the return package will be reimbursed to the Customer after receipt, control and acceptance, by a credit of the amount to be reimbursed to the Customer's bank account debited during the transaction.

Once the Product is received, checked, and accepted by our services, Blu Kirié will send a new product corresponding to the Customer's order.

If the product is no longer available, Blu Kirié will inform the Customer by email and will offer in exchange a credit or a refund of the amount of the returned Product.

The credit would then be available in the “My discount vouchers” section in the Customer’s “My account” category. Reimbursement of the returned Product at the invoice price will be made by crediting the amount to be reimbursed to the Customer's bank account debited during the transaction.

The withdrawal period does not start again after receipt of the new Product.

Blu Kirié cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, Blu Kirié cannot be held responsible for false statements made by a Customer and for their behavior towards third parties. In the event that Blu Kirié is held responsible for such behavior by a customer/user, the latter undertakes to guarantee Blu Kirié against any conviction pronounced against it as well as to reimburse Blu Kirié for the all costs, including attorneys' fees, incurred for his defense.

Art. 15 – Personal data 

The personal information collected is subject to computer processing intended for the proper processing of the order. Blu Kirié reserves the right to collect information about customers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners. The customer can deactivate the use of these cookies at any time by selecting the appropriate settings in their browser. C ustomers have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978. They may object to the disclosure of their contact details by notifying Blu Kirié.

Art. 16 - References

The Client and the influencer/personality/model authorize Blu Kirié to mention their names and present their publications for reference on the site and communication media.

Art. 17 - Applicable law and dispute resolution

These conditions of sale are subject to French law.

In the event of translation of the Site and the General Terms and Conditions, the French language prevails for interpretation.

Questions of dispute are subject to the exclusive jurisdiction of the courts of Paris unless there are mandatory procedural rules to the contrary.