Similarly, in case You want to order, You shall also accept the General Terms and Conditions of Sale and Services.
Finally, this Glossary is an inseparable and indivisible part of the abovementioned documents.
DEFINITION OF TERMS USED IN THE CONTRACTUAL DOCUMENTS :
Liberal Activity :
Refers to any profession exercised on the basis of appropriate qualifications, exercised in a personal capacity or as a company, under its own responsibility, so professionally independent, in offering services conceptual and intellectual in the interest of the client and the public.
IP Adress :
An Internet Protocol address (IP address) is a numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication
PCI – DSS Certificate :
The Payment Card Industry Data Security Standard (PCI DSS) is a proprietary information security standard for organizations that handle branded credit cards from the major card schemes including Visa, MasterCard, American Express, Discover, and JCB. Private label cards – those which aren’t part of a major card scheme – are not included in the scope of the PCI DSS.
Chat service :
A real-time conversation, as between two or more people or between a representative of a business and a customer, over the Internet or other network
Any legal or natural person who performs acts of commerce and make it their usual profession are merchants.
The law deems acts of commerce in accordance with Article L 110-1 of the French Consumer Code:
– Any purchase of movable property for resale, either in-kind or after manufacturing and implemented,
– Any purchase of real property for resale, unless the Purchaser has acted in order to build one or several buildings and to sell them in the block or local by
– Any middleman’s operations relating to the purchase, underwriting, sale or rental of immovable property, businesses, shares in commercial companies or building societies
– Any business furniture rental,
– Any manufacturing, land and water transport business,
– Any supply company, agency, business offices, sales auction institutions, of public performances
– Any foreign exchange transaction, brokerage and banking transaction, activity of issuing and managing electronic currency and any service of payment
– All the operations of public banks,
– All obligations between traders, merchants and bankers,
– Between all people, Bills of Exchange.
The Commission nationale de l’informatique et des libertés (CNIL) (National Commission on Informatics and Liberty) :
CNIL is an independent French administrative regulatory body whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data. Its existence was established by the French Law n° 78-17 on Information Technology, Data Files and Civil Liberty of 6 January 1978, modified by law of 6 August 2004, and it is the national data protection authority for France.
Consumer is a person who concludes a contract with a professional conferring the property or the enjoyment of a product or a service intended for a personal or family use.
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Customs Clearance :
The act of passing goods through customs so that they can leave the country, by payment the customs duty and VAT for the contracts which are concerned by this Regulation. The customs clearance operations can be carried out by the Company itself or by external service providers (Freight forwarder customs).
Right of refusal :
It is covered by the provisions of Article L 121-21 of the French Consumer Code reproduced verbatim below :
The consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reason without having to justify this decision and without obligation to bear other costs provided in particular in Articles L 121-21-3 – L 121-21-5
Any clause wherein the consumer renounces to this right is invalid
The time-limit mentioned in the first subparagraph of this article shall run from :
1° When the contract is concluded and in respect of service contracts referred to in Article L 121-16-2;
2° – Of the receipt of the property by the Consumer or a Third party, other than the carrier designated, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
For contracts providing for the regular delivery of property during a defined period, that period shall begin on the day following the receipt of the first product.
Se définit comme toute personne physique ou morale assumant la responsabilité de la fabrication d’un produit conformément au Cahier des charges qui lui a été remis par la Société, en vue de sa mise sur le marché.
Product Information Sheet :
Product Information Sheet is a document that summarizes the performance and other technical characteristics of a product and terms of its use. Product Information Sheet is not contractual and may be modified by BLEU JOUR Company without prior notice.
Warranty for “hidden defects”:
It is set out in the French Law by the provisions of Article 1641 of the Civil Code, according to which the Seller is responsible for the performance of the warranty for hidden defects of the product, for its intended use or which decrease its usefulness to such an extent that the buyer would not have paid or would have demanded a lower price had he known about them.
In accordance with provisions of Article 1648 of the Civil Code, the action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect.
in the case provided for under Article 1642-1, The action shall be instituted under penalty of preclusion, in the year following the date on which the seller may be discharged of the defects or defects of conformity apparent.
French Consumer Code Warranties :
– Article L 211-4 of the French Consumer Code :
The Seller must deliver goods in accordance with the contract and respond to any conformity faults that appear within delivery.
The Seller is also responsible for defects in conformity that result from packaging, and from set-up or installation instructions.
– Article L 211-5 of the French Consumer Code :
To be compliant with the contract, the product must :
1° – Be appropriate for the use normally expected for such a product and, if necessary:
– Comply with the description given by the Seller and and possess the qualities of the goods which the seller has held out to the Consumer as a sample or model ;
– Have the qualities that a Purchaser might legitimately expect in view of public statements made by the Seller, Producer or his Representative, particularly in advertising or on labelling ;
2° – Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer known by the seller and agreed to.
– Article L 211-12 of the French Consumer Code :
« Action resulting from defects in conformity lapses after two years from the date of delivery of the article».
BLEU JOUR Company is a limited liability company headquartered in Toulouse, 9 Rue de Sébastopol, 31000, France and registered with the Register of Commerce in Toulouse under the number B 441 576 048. Its VAT number is FR 29 441 576 048.
Minor is a person under a certain age—usually the age of majority—which legally demarcates childhood from adulthood. The age of majority depends upon jurisdiction and application, but is generally 18.
A web search engine is a software system that is designed to search for information on the World Wide Web. The search results are generally presented in a line of results often referred to as search engine results pages (SERPs). The information may be a mix of web pages, images, and other types of files. Some search engines also mine data available in databases or open directories. Unlike web directories, which are maintained only by human editors, search engines also maintain real-time information by running an algorithm on a web crawler.
Any natural or legal person contractually bound to the Company, beyond the subcontracting and manufacture, in order to permit him a sale of his goods and services, along with accessories.
Intellectual Property :
Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law. Some common types of intellectual property rights (IPR) are trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets: all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
Protocole Secure Sockets et Layer (S.S.L.) :
Transport Layer Security (TLS) and its predecessor, Secure Sockets Layer (SSL), both of which are frequently referred to as ‘SSL’), are cryptographic protocols designed to provide communications security over a computer network.
The practice of assigning part of the obligations and tasks under a contract to another party known as a subcontractor. Subcontractors are hired by the project’s general contractor, who continues to have overall responsibility for project completion and execution within its stipulated parameters and deadlines.
Freight Forwarder :
Freight Forwarder is a person or company that organizes shipments for individuals or corporations to get goods from the manufacturer or producer to a market, customer or final point of distribution. Forwarders contract with a carrier or often multiple carriers to move the goods. A forwarder does not move the goods but acts as an expert in the logistics network. These carriers can use a variety of shipping modes, including ships, airplanes, trucks, and railroads, and often multiple modes for a single shipment
Transfer of Ownership :
Transfer of ownership is the means by which the ownership of a property is transferred from one hand to another. This includes the purchase of a property, assumption of mortgage debt, exchange of possession of a property or any other land trust device.
Risk Transfer :
The parties may agree and develop the modalities of the risk transfer on the sold product, before its delivery.
3D Secure :
3-D Secure is a protocol designed to be an additional security layer for online credit and debit card transactions. It was originally developed by Arcot Systems, Inc and first deployed by Visa with the intention of improving the security of Internet payments and is offered to customers under the name Verified by Visa. Services based on the protocol have also been adopted by MasterCard as MasterCard SecureCode, and by JCB International as J/Secure. Analysis of the protocol by academia has shown it to have many security issues that affect the consumer, including greater surface area for phishing and a shift of liability in the case of fraudulent payment.