Terms and conditions of sale

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following definitions shall apply:

Customer: the person using the BLOM Studio Site, who may be a consumer or a company;
Site: the www.blomstudio.eu website;
Consumer: in accordance with article I.1, paragraph¹, 2° of the Code of Economic Law, a consumer is “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity” and who contracts with BLOM Studio;

Company: is a company as defined by article I.1, paragraph¹, 1° of the Code of Economic Law;

ARTICLE 2 – PURPOSE– SCOPE OF APPLICATION

The present general terms and conditions of sale contain the conditions of use of the www.blomstudio.eu website, the general terms and conditions of sale of the products sold by BLOM Studio (hereinafter the “Products”) to the Customer via the Site (hereinafter the “Conditions”) and the conditions of membership and participation in the BLOM Studio Loyalty Program.

Prior to using the Site, the Customer must carefully read the present Terms. By using the Site or by placing an order thereon, the Customer agrees, unless he can prove otherwise, to be bound by these Conditions.

The Customer expressly waives the right to invoke its own terms and conditions.

These terms and conditions apply to all contractual relations between BLOM Studio and its customers.

ARTICLE 3 – TRADE NAME – CONTACT DETAILS

Products are sold under the trade name “BLOM” by SRL BLOM Studio, whose registered office is located at Chemin du Tilleul 14a 1380 Ohain (Belgium), registered with the Banque Carrefour des Entreprises under number 1024 729 279.

The Customer may contact BLOM Studio either at the above address or at the following e-mail address: info@blomstudio.eu. BLOM Studio does not have a telephone answering service.

ARTICLE 4 – SITE ACCESS – REGISTRATION

Access to the Site’s home page and its contents is free, without prior creation of an account being required. The placing of an order for Products on the Site can be done either by creating an account on the Site, or as a guest, without the need to create an account.

The creation of an account on the Site as a Customer implies having previously read and accepted without reservation the present Conditions.

The Conditions contain the terms of use of the Site and the sale of Products by BLOM Studio. Before validating the creation of his/her account, the Customer will be asked to confirm that he/she has effectively read and accepts them, unless he/she can prove otherwise. Once the creation of his/her account on the Site has been completed, the Customer will receive a copy of these Conditions by e-mail in PDF format.

BLOM Studio may, at any time, modify and adapt these Terms in order to:

a)to bring them into compliance with the legislative or regulatory provisions in force or in the process of adoption to which it is subject;
b)bring them into line with any decision handed down by a court or arbitration tribunal, or issued by any other competent authority whose decisions are binding on it;
c)correct any clerical errors.

The applicable Conditions will be those in force at the time of use of the Site or conclusion of the Contract.

Without prejudice to applicable legislative and regulatory rules, BLOM Studio will notify any modification and/or adaptation of the Conditions, or of any other rule relating to the use of the Site, by means of a message sent to Customers via the Site, no later than fifteen days before the modification or adaptation in question comes into effect.

In the event that the adaptation or modification that BLOM Studio intends to make entails a substantial change in the obligations of Customers or has a significant impact on the Site’s operating methods, this notification will be accompanied by an e-mail sent to Customers at the e-mail address provided at the time of registration.

Customers who do not wish to agree to the modifications may request the deletion of their account on the Site by sending a request to info@blomstudio.eu.

ARTICLE 5 – CUSTOMER OBLIGATIONS

All Customers undertake:

To be of legal age or a minor with parental authorization;
When creating an account on the Site, to provide accurate information;
To create and maintain only one account on the Site;
Not to use the Site and/or his/her account on the Site fraudulently or for fraudulent purposes;
To comply with all applicable laws and regulations.

All Customers undertake to communicate and use data :

Accurate, i.e. not misleading or erroneous;
Is not contrary to public order or morality;
Do not contain viruses, programs or computer files that could (i) disrupt the normal operation of the Site, (ii) cause damage to the computer equipment of BLOM Studio, other Customers and Internet users in general, and consequently cause damage to these persons;
Do not provide links to other websites or applications that provide services similar to those offered by BLOM Studio.

Customers shall ensure the confidentiality of their login and password. They will keep their account information up to date at all times.

ARTICLE 6 – SITE ACCESS RESTRICTIONS

BLOM studio reserves the right to prohibit access to all or part of the Site to any Internet user or Customer who, without this list being exhaustive :

Violates these Terms and Conditions;
Damages the reputation of the Site or BLOM Studio in any way;
Infringe the intellectual property rights of third parties or BLOM Studio;
Use the Site for illegal, offensive, racist, indecent, threatening or fraudulent purposes.

BLOM Studio also reserves the right to take legal action against these same persons and to claim compensation for any damage caused to BLOM Studio as a result.

ARTICLE 7 – PRODUCT AVAILABILITY

All Product orders are subject to availability.

If the Products are no longer in stock after the Customer has placed the order, BLOM Studio will inform the Customer as soon as possible and, in the event that a payment has already been made, BLOM Studio will reimburse the Customer for this payment using the same payment method as the one used by the Customer to make the payment.

ARTICLE 8 – PRICE – PAYMENT

Prices are quoted in euros, including VAT but excluding any customs duties, which are payable by the Customer. In this respect, it is the customer’s responsibility to inquire about the possible application of customs charges.

Prices are those indicated on the Site in the description of each Product, except in the case of obvious error.

If BLOM Studio detects an error in the price of the Product(s) ordered, it will inform the Customer as soon as possible and will propose either to confirm the order at the correct price, or to cancel it. If BLOM Studio is unable to obtain a response from the Customer on the proposed alternative within eight calendar days, it will cancel the order and refund the amount paid.

Prices may or may not include delivery charges. These are referred to in article 10.

The payment methods offered on the Site are those set up by the platform Stripe.

ARTICLE 9 – PLACING AN ORDER

To place an order for Products sold by BLOM Studio on the Site, the Customer must log on to the Site, select the Products he/she wishes to purchase and place them in his/her shopping basket.

The Customer may then either log in to his/her account or log in as a guest to place the order.

The total amount of the order including all taxes, plus any delivery charges, is shown in an order summary, and the Customer is then invited to confirm his/her willingness to pay for the order using the means set up for this purpose and referred to in article 8. The Customer must also accept the Conditions.

Once payment has been made, the Customer receives confirmation of his order by e-mail, together with a copy of these Conditions.

ARTICLE 10 – DELIVERY

After confirmation of the order by the Customer and subject to full payment of the price and any delivery charges, BLOM studio will prepare the order.

For orders with a delivery address in Belgium, delivery will be made within a maximum of 10 working days from the date the order is placed at the delivery address indicated in the order.

The Customer’s attention is drawn to the fact that a temporary surplus of orders to be processed may cause a slight delay in delivery.

For delivery addresses outside Belgium, delivery times vary according to the delivery method chosen. All approximate delivery times and methods are available on the site via this link: DELIVERY

BLOM Studio offers several delivery methods, at the rates applicable when the Contract is concluded. These delivery methods are as follows: to the home, to a relay point (or lockers / post office depending on the carrier chosen). The delivery methods and their respective rates are available on the site via this link: DELIVERY

Without prejudice to the provisions relating to the availability of Products, BLOM Studio will do its utmost to execute the order placed by the Customer within the period indicated above and, in all cases, within a maximum period of thirty days from the date of order confirmation.

If BLOM Studio is unable to meet the delivery date for any reason whatsoever, BLOM Studio will inform the Customer as soon as possible and will propose either to continue the execution of the Contract with a new delivery date, or to terminate the Contract and refund the amounts paid by the Customer.

BLOM Studio takes great care in packaging the Products ordered. Upon delivery, the Customer is invited to ensure that the order is intact and complete, in the presence of the person making the delivery, in order to express any reservations. Should the Customer have any doubts about the intactness and completeness of the order, he/she is obliged to refuse delivery of the order and return it to the carrier in its original packaging.

Delivery” will be deemed to have been made, or the order will be deemed to have been “delivered”, at the moment when the Customer or a third party designated by the Customer takes physical possession of the Products. Delivery will also be deemed to have taken place when the parcel is deposited in a “point relais” or “locker”.

ARTICLE 11 – RETENTION OF TITLE

The Products sold remain the property of BLOM Studio until full payment of the price and delivery charges.

ARTICLE 12 – TRANSFER OF RISK

The risks associated with the Products are transferred to the Customer when the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the Products.

ARTICLE 13 – RIGHT OF WITHDRAWAL

Legal right of withdrawal

The Consumer Customer has the right to withdraw from the Contract concluded without giving any reason within a period of fourteen days.
The withdrawal period expires fourteen days after the day on which the consumer Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product sold.
To exercise the right of withdrawal, the Consumer Customer must notify BLOM Studio of his/her decision to withdraw from the Contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) or use the model withdrawal form provided in the appendix to these Conditions or accessible via this link.

Effects of withdrawal

In the event of withdrawal, BLOM Studio will reimburse all payments received from the Customer (with the exception of delivery and return costs) without undue delay and, in any event, within fourteen days of being informed of the Customer’s decision to withdraw.

BLOM Studio will proceed with the reimbursement using the same means of payment as the one used by the Customer for the initial transaction, unless expressly agreed otherwise. If a gift card was used for the purchase, the refund will be made first to this gift card, then to the other payment method used, unless expressly agreed otherwise. In all cases, the refund will not incur any additional costs for the Customer.

BLOM Studio reserves the right to defer reimbursement until receipt of the Product(s).

The Customer must return the Product(s) to BLOM Studio at the address mentioned in article 2, or to a relay point, without undue delay and, in any event, no later than fourteen days after having informed BLOM Studio of his/her decision to cancel. This period is deemed to have been respected if the Product is returned before the fourteen-day period has expired.

The direct cost of returning the Product is borne by the Customer. These costs will be deducted from the amount to be reimbursed.

Once the retraction request has been initiated, the consumer customer receives an e-mail with the process to be followed and the conditions to be met in order to make the return.

If the customer’s location qualifies for the conditions of our partner carriers, then the customer also receives a prepaid label in this e-mail. This can be downloaded via the “Download my returns label” button included in the email. Please note that this label already contains all the information required for shipment: shipping address, recipient address, order number and carrier.

If the Customer uses another return method and/or carrier than the one mentioned on the return label generated by BLOM Studio (and available in the return process e-mail sent), then BLOM Studio reserves the right to refuse the parcel. Furthermore, BLOM Studio does not assume any additional costs related to the package being picked up by a carrier other than the one mentioned on the pre-stamped label provided by BLOM Studio. The Customer will not be entitled to any reimbursement if the Product delivered has been used, if it is not in the same condition as it was at the time of delivery (in the original packaging, with the security tag intact) or if it has been damaged. The customer will nevertheless be entitled to a refund if the depreciation of the Products is the result of handling necessary to ensure the nature, quality and functioning of the Products.

In order to be entitled to a refund, the Customer must return the Products in their original packaging, enclosing any documents that may have accompanied the Products, and in particular the order summary enclosed with the delivery and the returns document.

The return of Products does not entitle the Customer to exchange them for one or more other Product(s). In this case, the Customer must place a new order on the Site.

Exception to the right of withdrawal

By way of exception, the Customer has no right of withdrawal in the event that the Contract concerns goods made to his/her specifications or clearly personalized.

Corporate customers have no right of withdrawal.

Download the withdrawal form

ARTICLE 14 – RETURNS POLICY

In addition to and without prejudice to the legal right of withdrawal granted only to consumer customers, mentioned in Article 13, the consumer customer may return any item to BLOM Studio (with the exception of items for which the right of withdrawal is excluded) within 30 days from the date of the Shipping Confirmation.

BLOM Studio offers the Customer the choice between a refund or a gift card (to be selected on the return form).

BLOM Studio will proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless expressly agreed otherwise. If a gift card was used for the purchase, the refund will be made first to this gift card, then to the other payment method used, unless expressly agreed otherwise. In all cases, the refund will not incur any additional costs for the Customer. The Customer must return the items to BLOM Studio within 30 days of the date of the Shipping Confirmation. Products must be returned in the same condition in which they were received by the Customer, with their original labels and packaging, as well as any accompanying instructions and other documents. If this is not done, BLOM Studio reserves the right not to reimburse the customer.

It should be noted that return and delivery costs are entirely at the customer’s expense, and will therefore be deducted from the amount to be reimbursed or from the gift card.

If the customer returns the entire order, the return and delivery costs will be deducted from the amount of the refund or gift card.

BLOM Studio reserves the right to defer the refund until receipt of the Product(s).

The Customer must return the Product(s) to BLOM Studio without delay and, in any event, no later than fourteen days after informing BLOM Studio of his/her decision to withdraw. This deadline is deemed to have been met if the Product is returned before the fourteen-day period has expired.

Once the return request has been initiated, the customer receives an e-mail with the process to be followed and the conditions to be met in order to make the return.

If the customer’s location is eligible under the conditions of BLOM Studio’s partner carriers, then the customer also receives a pre-paid label in this e-mail. This can be downloaded via the “Download my return label” button included in the e-mail. Please note that this label already contains all the information required for shipment: shipping address, recipient’s address, order number and carrier.

If the Customer uses another return method and/or carrier than the one mentioned on the return label generated by BLOM Studio (and available in the return process e-mail sent), then BLOM Studio reserves the right to refuse the parcel. Furthermore, BLOM Studio does not assume any additional costs related to the package being picked up by a carrier other than the one mentioned on the pre-stamped label provided by BLOM Studio. The Customer will not be entitled to any reimbursement if the delivered Product has been used, if it is not in the same condition as it was at the time of delivery (in its original packaging, with its original label) or if it has been damaged.

ARTICLE 15 – CONSUMER GOODS WARRANTY

In accordance with articles 1649bis to 1649octies of the French Civil Code, BLOM Studio warrants that the Products will be free from defects in materials and workmanship within two years from the date of shipment.

However, the defect will be deemed non-existent if, at the time the contract was concluded, the Consumer Customer was aware of the lack of conformity or could not reasonably have been unaware of it, or if the lack of conformity is attributable to the Consumer Customer.

It is agreed that the Consumer Customer must notify BLOM Studio of any lack of conformity, in writing, within a maximum period of two months from the date on which he/she noticed the defect. Failure to comply with this obligation will result in the loss of the Customer’s rights for lack of conformity.

Corporate customers do not benefit from the consumer goods warranty.

ARTICLE 16 – LIABILITY

Management and use of the Site

BLOM Studio will make its Site accessible to Customers and, more generally, to Internet users, in a continuous and uninterrupted manner. However, BLOM Studio reserves the right, at any time and without prior notice, to interrupt access to the Site, in particular for technical reasons, and to suspend its services accordingly.

Except in the case of wilful misconduct or gross negligence on its part, or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, BLOM Studio may not be held liable for any damages whatsoever (for example, loss of opportunity, loss of time, loss of earnings, etc.) that may result from such interruptions.

Except in the case of fraud, gross negligence or, except in the case of force majeure, non-performance of an obligation consisting of one of the main services of the contract, BLOM Studio declines all responsibility in the case of error, omission or inaccuracy of information provided on the Site. In addition, in the event that the Site contains hypertext links to third-party content, BLOM Studio cannot guarantee the quality or accuracy of such content and cannot be considered as approving such content.

BLOM Studio is not responsible for the management by Customers of their login and password, nor for the management of their account.

Limitation of liability

BLOM Studio may not be held liable if the Customer fails to provide correct contact information when placing an order.

In the event that BLOM Studio’s liability is incurred notwithstanding the aforementioned assumptions of limitation and exoneration of liability, it will then be limited, in any event, to the amount of the price of the Product(s) sold.

Notwithstanding the foregoing, BLOM Studio’s liability will not be subject to any exclusion or limitation in the following cases: (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) in all cases where a limitation of its liability would be illegal or abusive.

ARTICLE 17 – FORCE MAJEURE – REVISION

BLOM Studio shall not be liable for the non-performance or late performance of any of its obligations when such non-performance is due to a case of force majeure as this notion is understood by Belgian courts and tribunals.

For the application of the present clause, the following are notably considered as cases of force majeure or fortuitous events, and constitute causes of suspension or extinction of BLOM Studio’s obligations: fires, natural disasters and exceptional climatic events, labor disputes at its subcontractors and suppliers, exceptional difficulties and impossibilities in using means and channels of transport, orders or commands from Belgian, European or foreign public authorities, changes in Belgian, European or foreign regulations, accidents affecting BLOM Studio’s suppliers or subcontractors, European or foreign regulations, accidents affecting the production and storage of products, total or partial stoppage of supplies, carrier failure, epidemics and pandemics, machine breakdown, war, acts of third parties or any external event likely to delay or prevent the fulfillment of commitments made…

In the event of force majeure, BLOM Studio’s contractual obligations will be suspended for the duration of the force majeure, and its performance deadlines will, where applicable, be extended by a period equivalent to the duration of the force majeure. If the case of force majeure results in the definitive impossibility of fulfilling BLOM Studio’s contractual obligations, BLOM Studio will be released from them. BLOM Studio will notify the Customer by e-mail.

In addition, if due to circumstances beyond its control, BLOM Studio finds the performance of its obligations impossible or simply more onerous or difficult, BLOM Studio and the Customer agree to negotiate in good faith and loyally an adaptation of the contractual conditions in order to restore the contractual balance within 30 calendar days following notification of these circumstances by BLOM Studio to the Customer. Failing agreement within the aforementioned period, either party shall have the right to unilaterally terminate the contract without compensation of any kind whatsoever.

ARTICLE 18 – INTELLECTUAL PROPERTY RIGHTS

The entire content of the Site, including but not limited to graphics, logos, buttons, images, HTML code, databases and icons – with the exception of advertising and proper names – is the intellectual property of BLOM Studio and is protected.

BLOM Studio may prohibit the extraction and/or reuse of all or any substantial part of the content of this Site, either qualitatively or quantitatively.

Some of the names, distinctive signs and logos appearing on the Site are registered trademarks or trade names belonging to BLOM Studio or to third parties. Any copy, translation, adaptation, modification or use whatsoever of all or any of the protected elements of the Site, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written consent of BLOM Studio. Any request in this regard may be addressed to info@blomstudio.eu.

All Customers undertake to respect these intellectual property rights and not to copy, reproduce, extract, exploit or alter, in any form whatsoever and by any process whatsoever, the information contained on the Site, including these Conditions. In the absence of prior written consent, BLOM Studio does not grant any license in this respect.

ARTICLE 19 – COMMUNICATIONS

Any communication to be made to the Customer will be deemed to have been properly made if it is sent to the e-mail or postal address indicated by the Customer when the Contract was concluded.

ARTICLE 20 – LIABILITY

BLOM Studio will endeavor to make its Site accessible to Customers and, more generally, to Internet users, in a continuous and uninterrupted manner. However, BLOM Studio cannot be held responsible for temporary service interruptions or loss of Points resulting from technical problems.

Under no circumstances may BLOM Studio be held liable for indirect damages resulting from the use of the Site or the Program.

ARTICLE 21 – PROTECTION OF PERSONAL DATA

BLOM Studio’s complete Privacy Policy (including details of the data processed, the purposes for which it is processed and its legal basis) is available by clicking on the following link.

ARTICLE 22 – WAIVER

No waiver on the part of BLOM Studio of any of its rights may be inferred other than from an express, certain and written expression to that effect.

ARTICLE 23 – NULLITY

The invalidity of any of the clauses of these Conditions shall be limited to the invalid clause and shall not affect the remainder of these Conditions.

ARTICLE 24 – APPLICABLE LAW

Use of the Site and any Agreement entered into through the Site are governed by Belgian law.

ARTICLE 25 – ONLINE SETTLEMENT OF CONSUMER DISPUTES

For consumer customers, in accordance with Article 14 of European Regulation 524/2013 of May 21, 2013 on the online settlement of consumer disputes, BLOM Studio hereby provides the link to the online dispute resolution (ODR) platform: http: //ec.europa.eu/odr

ARTICLE 26 – COMPETENT JURISDICTIONS

Any dispute relating, directly or indirectly, to the use of the Site or to the conclusion, performance or interpretation of the Agreements concluded via the Site shall be subject to the jurisdiction of the courts of Liège (Belgium), Liège Division, without prejudice to the application of article 624, 1°, 2° and 4° of the Judicial Code.