TERMS OF SERVICE
General terms and conditions of sale and use
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are entered into between BRM AGENCY LLC, with registration number 211 57 27 in the Sharjah Trade Register, having its registered office in Sharjah Media City, Sharjah, United Arab Emirates, whose trade name is BLINX Underwear (hereinafter referred to as "BLINX"), and any person who has made a visit to and/or a purchase from the https://blinxunderwear.com/ website, hereinafter referred to as the "User". Any purchase or visit to the https://blinxunderwear.com/ site (hereinafter the "Site") automatically entails acceptance of all of these conditions.
As a preliminary, the terms used in these GTC must be defined.
Customer: any user of the Site who has a customer account on the Site and/or who makes a purchase of a Product through the Site. Each Customer is a User of the Site.
Order: the process whereby the Customer chooses the Products they wish to purchase. This Order is finalised when the Customer has chosen the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has finalised the payment for these Products.
Product: means any product that can be viewed or purchased on the Site by a User. It may be a product present on the Site and not yet purchased by the User, or a product present (or not) on the Site and purchased by the User.
User: any person who accesses the Site, regardless of whether or not they are a Client.
ARTICLE 1 - PURPOSE AND SCOPE OF THE GCV
- The purpose of these GTC is to define the conditions under which Users may access or use the Site.
- The parties are bound by all the terms, conditions and policies described therein, as well as by those additional terms, conditions and policies referred to in these GTC.
- When visiting any part of this Site and/or purchasing a product, each User agrees, without limitation or qualification, to abide by these GTC.
- These GTC are notified to Users for acceptance prior to any Order on the Site. These GTC are considered an offer, acceptance of which is limited to the strict terms, conditions and policies defined in 2) of this article.
- Any new tools, features, Products, services that are added after the date of publication of these T&Cs will also be subject to these T&Cs.
ARTICLE 2 - CURRENT VERSION OF THE GCV
- The version of the GTC that prevails is the latest version available on the Site.
- BLINX is free to update, change or replace any part of these Terms and Conditions of Sale at any time and without prior notice, in order to take into account any administrative injunction or recommendation, as well as any legal, jurisprudential and/or technical evolution. When completing a new Order, the Customer accepts the GTC in force at the date of the said Order. It is the responsibility of each User to regularly consult the updates to these GTC at the following address: https://blinxunderwear.com/policies/terms-of-service
- The User's access to the Site and/or use of any feature of the Site by the User after the posting of any changes to these T&Cs shall constitute acceptance by the User of these new T&Cs. If a User does not accept the T&Cs or any subsequent amendments thereto, it is the User's responsibility to refrain from using the Site.
ARTICLE 3 - CONDITIONS OF USE OF THE SITE
- The Site is hosted on Shopify Inc, provider of the digital e-commerce platform that allows BLINX to present and sell its Products and services.
- By accepting these T&Cs, the User expressly declares that he/she has reached the age of majority in his/her country, state or province of residence, and that he/she has given his/her consent to allow any person of minor age to use the Site at his/her expense.
- If the User is a legal entity, it must be duly represented, under the conditions provided for by law, which it expressly acknowledges and accepts.
- The User agrees not to use the Products or services of this Site for any illegal or unauthorized purpose.
- The User undertakes not to jeopardise the proper functioning of the Site by the use of computer means such as worms, viruses or any other computer code or process of a nature prejudicial to the Site.
- The service of the Site, its operation and any part or content of the service of the Site, may be interrupted at any time by BLINX, without prior notice or any other information to the User. BLINX is not responsible for any suspension or interruption of the service, any part of the service of the Site or the operation thereof.
ARTICLE 4 - GENERAL CONDITIONS
- BLINX reserves the right to deny access to the services to any person at any time, for any reason. In addition, BLINX reserves the right to limit sales of the Products or services in any geographic area or jurisdiction.
- BLINX reserves the right to limit the quantities of any Product or service it offers.
- The User acknowledges and agrees that all Product descriptions and prices are subject to change at any time without notice at BLINX's sole discretion.
- BLINX reserves the right to discontinue offering a product at any time without notice, at BLINX's sole discretion.
- BLINX acknowledges that any offer of Products or services presented on its Site is void where prohibited by law.
ARTICLE 5 - PRICES
- The User acknowledges and accepts that the price of the Products may change without notice. In particular, these changes may occur due to variations in the price of raw materials, logistical costs or any other reason. BLINX is not responsible for the consequences of such price changes.
- The prices of the Products applied to the Customer correspond to those displayed on the Site at the time of the Order.
- The prices of the Products are in Euros and include all taxes.
ARTICLE 6 - PRESENTATION OF ARTICLES
- The User declares that he/she is aware that photographs of the Products are present on the Site, and that they allow the appearance of the Products to be displayed as clearly as possible, particularly with regard to their colour.
- The User acknowledges that BLINX cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site, or the differences between the screens of the Users' electronic devices.
- The User acknowledges and accepts that BLINX does not guarantee that the quality of all Products, services, information will meet the User's expectations, nor that any error in the service or operation of the Site will be corrected by BLINX.
- The User acknowledges and accepts that BLINX cannot guarantee the completeness of the characteristics of each Product.
- The User acknowledges and agrees that the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and product availability. BLINX reserves the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate, at any time and without notice, including after a Customer has placed an Order.
- The User acknowledges and agrees that BLINX is under no obligation to update, modify or clarify any information on the Site or any associated website, including but not limited to pricing information, except where clarification is required by law.
- The User declares that he/she is fully aware of the provisions of this article, and therefore agrees not to hold BLINX liable in this respect, except in the cases provided for by law.
ARTICLE 7 - OPTIONAL TOOLS
- BLINX may in some cases provide access to third party tools over which it has no control or influence, which the User acknowledges.
- The User expressly acknowledges and agrees that BLINX provides access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind, and without any endorsement required of the User.
- The User expressly acknowledges and agrees that use of the optional tools on the Site is at the User's own risk and discretion. BLINX recommends that the User consult the conditions to which these tools are subject by the third party supplier(s) concerned.
- The User declares that he/she is fully aware of the provisions of this article, and therefore agrees not to hold BLINX liable in this respect, resulting from or related to the use of these optional third-party tools, except in the cases provided for by law.
ARTICLE 8 - THIRD PARTY LINKS
- The User acknowledges that some of the content, Products and services available through the Site may include material from third parties.
- User acknowledges that third party links on this Site may direct User to third party web sites that are not affiliated with BLINX. BLINX is not responsible for examining or evaluating the content or accuracy of such sites, and does not warrant or assume any responsibility for any content, web site, product, service or other item accessible on or from such third party sites.
- The User expressly acknowledges and agrees that BLINX is not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with such third party websites.
- BLINX cautions the User to carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of such third parties should be submitted to such third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
- The User expressly acknowledges and agrees that if he/she submits to BLINX or about BLINX specific content, or communicates creative ideas, suggestions, proposals, plans and/or other elements of improvement to the Site, Products or BLINX service, whether online, by e-mail, by mail, or by any other means of communication, including posting comments on the Site, BLINX reserves the right, at any time and without limitation, to edit, copy, publish, distribute, translate and otherwise use all such BLINX commentary materials in any media.
- The User expressly acknowledges and agrees that BLINX is under no obligation (1) to maintain the confidentiality of such comments (2) to pay compensation or remuneration to anyone for such comments (3) to respond to or ensure the publication of such comments.
- The User expressly acknowledges and agrees that BLINX has the authority, but has no obligation, to monitor, edit or remove any content communicated or posted on the Site that BLINX believes, in its sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or that infringes any intellectual property or these TOS.
- The User agrees to write respectful, courteous comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
- The User agrees to write comments and communicate with BLINX without using a false e-mail address, and/or pretending to be someone they are not, and/or attempting to mislead BLINX staff and/or third parties as to the origin of their comments.
- The User acknowledges that he/she is entirely responsible for all comments he/she publishes, for their consequences and for their accuracy. BLINX assumes no responsibility or liability for any comments the User posts.
ARTICLE 10 - PERSONAL INFORMATION
ARTICLE 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
- The Client undertakes and expressly agrees to provide all up-to-date, complete, exhaustive, accurate and fair Order and account information concerning all Orders placed on the Site.
- The Customer undertakes and expressly accepts to keep all information relating to his/her account up to date, in particular his/her e-mail address, credit card numbers and expiry dates, for the proper execution of the Order he/she has placed. BLINX shall not be held liable in this respect.
- BLINX reserves the right to limit or prohibit Orders that, in its sole judgement, may appear to be from merchants, resellers or distributors.
ARTICLE 12 - PROHIBITED USES
The User expressly agrees not to use the Site or its contents for illegal purposes, or to incite third parties to perform illegal acts, or to infringe or violate BLINX's intellectual property rights or those of third parties, or to submit false, misleading and/or defamatory information to the public, or to collect or track the personal information of others, or to spam, phish, hijack, extort information, browse, explore or scan the web, or to breach or circumvent the security measures of the Site.
ARTICLE 13 - ORDERING
- The User may browse the Site without any obligation to purchase. In order to place an Order, the Products must be selected by the Customer who adds them to his/her shopping basket. It is not necessary to create a personal account on the Site to place an Order.
- Once the Order has been finalised, BLINX confirms that it has taken charge by sending an e-mail to the e-mail address indicated by the Customer when placing the Order. The Order is finalised once the Customer has paid in full and the payment has been received by BLINX.
- The Customer expressly acknowledges and accepts that an Order that has been finalised and is in the process of being sent cannot be cancelled.
- When the Order is finalised, BLINX undertakes to automatically send a tracking number to the Customer's e-mail address provided when registering for an account on the Site or indicated by the Customer when placing the Order. The Customer is required to register this tracking number and, in the absence of receipt of this number, to check the spam and/or the filters of his/her e-mail box. The Customer expressly acknowledges and accepts that BLINX shall not be held responsible for the loss, misregistration or lack of diligence in finding the tracking number by the Customer.
- Once the Order is finalised, BLINX undertakes to send the Products within 3 to 5 working days. The Customer expressly acknowledges and accepts that this timeframe may be extended due to the occurrence of an event of force majeure as defined in French case law and the Civil Code, or to any other event that was not reasonably under the exclusive control of BLINX.
- BLINX undertakes to honour validated Orders within the limits of available stocks. The User expressly acknowledges and accepts that BLINX reserves the right to refuse any Order placed by a User in the event of a stock shortage or due to the occurrence of an event of force majeure as defined in French jurisprudence and the Civil Code, or to any other event that was not reasonably under the exclusive control of BLINX, in particular an excessive and sudden increase in BLINX's order backlog concerning one or more Products.
- User expressly acknowledges and agrees that BLINX reserves the right, in its sole discretion, to reduce or cancel quantities purchased per person, per household, or per order. Such restrictions may include Orders placed by or from the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.
- In the event that an Order is modified or cancelled, BLINX will notify the Customer by e-mail and/or by telephone provided by the Customer and/or by post to the billing address.
ARTICLE 14 - DELIVERY, EXCHANGE, RETURN
- Delivery charges are specified on the Site and are displayed to the Customer when the Order is placed. The Customer must accept them when validating the Order.
- The Customer acknowledges and expressly accepts that the delivery costs depend on the territory of the address where the Product is received.
- BLINX uses external service providers (carriers, postal services, various logistics and delivery service providers, etc.) for the shipment and delivery of Products, BLINX depends on these third parties and is entirely dependent on these service providers. Consequently, the User acknowledges and expressly accepts that the shipping and delivery times indicated on the Site and in these Terms and Conditions of Sale may be extended due to these third-party service providers without BLINX being responsible for any delays in delivery and all the consequences that may result from this.
- The Customer acknowledges and expressly accepts that the automated tracking indicating a delivery, listed by the tracking number automatically communicated to the Customer under the conditions of Article 9, 4), is evidence between the Parties of the proper receipt of the Product. In addition, the Customer acknowledges and expressly accepts that he/she is required to provide any evidence of non-delivery, which he/she undertakes to provide to BLINX as soon as possible so that BLINX's customer service can, at its own discretion and in appreciation of the evidence provided by the Customer, decide to send back Products identical to those ordered to the Customer, and this without any additional cost to the Customer.
- In accordance with the provisions of Article L.221-28 of the French Consumer Code, the Customer acknowledges and expressly accepts that the Products cannot be the subject of a request for exchange or refund, unless the Products delivered are defective within the meaning of the French Civil Code, i.e. if they do not offer the safety that a standard person can legitimately expect. In the latter case, the Customer must provide BLINX with all the evidence of the product's safety defect as soon as possible, failing which BLINX will not proceed with any exchange or refund, which the Customer acknowledges and expressly accepts.
- The Products are delivered within 2 to 10 working days after dispatch of the Product. The Customer is informed that, on average, the Products are delivered within 4 working days after the Product has been dispatched.
- The User acknowledges and expressly accepts that a momentary stock shortage, generated by high demand, may slow down the shipment of the Products and increase the shipment time by 2 to 20 working days.
ARTICLE 11 - LIMITATION OF LIABILITY AND LEGAL GUARANTEES
- The User acknowledges and expressly accepts that BLINX cannot be held liable for the obligations contained in these GTCs if the non-performance of its obligations is attributable to the act of a third party, even if this is a foreseeable event, to the fault of the Customer, or to the occurrence of an event of force majeure as defined in French case law and the Civil Code, or to any other event that was not reasonably under the exclusive control of BLINX.
- The User acknowledges and expressly accepts that BLINX declines all responsibility for damages of any kind, resulting in particular from the use of the Site or the Ordering of Products. This may include damages resulting from the interruption of the Site's service, or its slowdown, or its failure in terms of security and data protection, or errors on the Site, or damage to the reputation and image of the User and/or the Customer due to the above failures. BLINX shall in no way be held responsible for an interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.
- BLINX does not warrant that the results that may be obtained through the use of the service will be accurate or reliable.
- User expressly acknowledges and agrees that User's use of, or inability to use, the Site is at User's sole risk. The Site is provided to the User on an "as is" basis, the Products and services are provided on an "as is" and "as available" basis for the User's use, without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
- In no event shall BLINX, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or damage, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of a User's use of any service or Product from the service, or any other claim related in any way to your use of the service or Product, including but not limited to, negligence, in contract, tort (including negligence), strict liability or otherwise, arising out of a User's use of any service or Product from the service, or for any other claim related in any way to your use of the service or any Product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, BLINX's liability shall be limited to the maximum extent permitted by law.
- In accordance with the provisions of the Consumer Code, the Customer has a period of 14 clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception of the return costs. The right of withdrawal can only be exercised if the Products have not been unpacked, opened, damaged or used by the Customer, failing which the Products cannot be returned.
- The period runs from the day the Customer receives the goods. The Customer contacts BLINX at firstname.lastname@example.org as soon as possible in order to inform BLINX of the exercise of their right of withdrawal.
- In the event of a successful withdrawal by the Customer, BLINX undertakes to refund all sums received for the order placed by the Customer within 14 days of receipt of the Products by BLINX.
- If BLINX finds that the Product returned by the Customer is damaged, worn, or in a condition that does not correspond to that of the shipment, no refund will be made by BLINX. This rule also applies if the label or the original packaging is missing.
- BLINX is responsible for the conformity of the Products at the time of delivery and the Customer may oppose the non-conformity of the Product delivered within the meaning of Article L.217-5 of the Consumer Code.
- The Customer has a period of 2 years from the delivery of the Product to report any non-conformity to BLINX, and to choose whether to repair or replace it. In accordance with article L.217-8 of the Consumer Code, BLINX reserves the right not to follow the Customer's choice if it involves a cost that is clearly disproportionate to the other method, taking into account the value of the Product or the importance of the defect presented by the Product.
- BLINX guarantees the Customer against hidden defects in the Product in accordance with Article 1641 of the Civil Code.
- The Customer's warranty is expressly excluded in the event of deterioration or degradation of the Product as a result of use not in accordance with its intended purpose or as a result of the Customer. This includes, but is not limited to, failure to observe the precautions for use of the Product, such as unusual handling or lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product or exposure to substances incompatible with the use of the Product, modification, handling, customisation of the Product by the Customer or a third party.
- The warranty is expressly excluded in the event of the Product being returned by the Customer in a condition other than that in which it was delivered to the Customer. The warranty is only valid if the Product is returned with the original packaging, accessories, instructions for use, labels and all other elements present when the Product was delivered.
ARTICLE 12 - COMPENSATION
The User expressly agrees to indemnify, defend and hold harmless BLINX and its parent company, subsidiaries, affiliates, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of these T&Cs or the documents referenced herein.
ARTICLE 13 - SEVERABILITY
In the event that any provision of these GTC is held to be illegal, invalid or unenforceable, such provision shall be deemed to be severed from the remaining provisions of these GTC, which shall remain valid and enforceable. Such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 14 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination of these T&Cs shall survive the termination of this agreement for all purposes.
These T&Cs are effective unless and until terminated. The User may terminate these Terms and Conditions at any time by notifying BLINX that he/she no longer wishes to use BLINX's services or its Site.
The User expressly acknowledges and agrees that if he/she fails, or BLINX suspects that the User has been unable to comply with the terms of these T&Cs, BLINX may terminate this agreement at any time without notice, in which case the User shall remain liable for all sums up to and including the date of termination, and/or shall be denied access to BLINX's services and/or the Site (or any part thereof).
ARTICLE 15 - NON-WAIVER
BLINX's failure to exercise the rights granted to it by these GTCs may in no way be interpreted as a waiver of said rights.
Any ambiguity in the interpretation of these GTC shall not be construed to the detriment of the drafting party.
ARTICLE 16 - APPLICABLE LAW
These T&Cs, as well as any separate agreement through which BLINX provides services, shall be governed by and construed in accordance with the laws in force in the United Arab Emirates, which the User expressly acknowledges and agrees.
ARTICLE 17 - CONTACT DETAILS
Users can ask questions about these GTCs at the following address: email@example.com