PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY BLUE ANTOINETTE GROUP (“BLUE ANTOINETTE”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.BLUEANTOINETTE.COM (THE “WEBSITE”), SERVICES PROVIDED AND PRODUCTS SOLD BY BLUE ANTOINETTE.
§1 General
Blue Antoinette Group (hereinafter “Blue Antoinette” or “we”) operates an online marketplace at the internet address www.blueantoinette.com (the “Website”).
All orders placed by you via the Website as well as our deliveries and services are governed by the General Terms and Conditions set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
On this Website we offer Blue Antoinette Products as well as Blue Antoinette Partner Products (“Partner Products”).
Except for its own physical products Blue Antoinette does not transfer legal ownership of items from the seller to the buyer.
Partner products which are sold by Blue Antoinette Partners through the Blue Antoinette Marketplace may have other conditions outlined on their product- or shop descriptions.
§2 Privacy
Please see our Privacy Policy which is a part of these terms and conditions.
§3 Contracts
- The language for contracts is English.
- The presentation of products on our Website does not constitute any offer by Blue Antoinette for a purchase contract.
- By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us.
- By submitting the order form for a Partner Product provided on our Website to us you are placing a binding offer for a purchase contract with the Blue Antoinette Partner. If it is a Partner Product, the name of the Blue Antoinette Partner will be notified on the product page in the seller info – tab.
- You submit an offer by entering all required information during the ordering process and posting the order form by using the button “Buy now”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
- On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
- A purchase contract between you and Blue Antoinette or its partners will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
- Blue Antoinette has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
- By submitting an order form for software development or customization of software (e.g. Plug-ins) by Blue Antoinette Business Solutions, you agree that Blue Antoinette Business Solutions is the copyright owner of this custom development and has the right to use, copy, adapt, distribute and sell the code within its own software (plugins).
§4 Cancellation policy advisory
The cancellation policy applies solely to consumers. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.
CANCELLATION POLICY
You may repeal your contract of purchase of physical products within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us (Blue Antoinette and the Blue Antoinette partner who sold the product), by sending an explicit declaration stating that you are repealing your contract of purchase (for example: by sending a letter in the mail or an email). You may use the cancellation template, but it is not mandatory to use this template.
It will suffice to send your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
We do not not offer refund on digital products (Plug-Ins, etc.).
CONSEQUENCES
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we (or our partners) have received the returned items or until we (or our partners) have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us (or our partners) immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at your expense.
You are required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
RETURN SHIPMENTS
In case you bought a Blue Antoinette Product and withdrew from the contract, you have to send the good back to Blue Antoinette. You can find the address for return shipments on the Legal – page.
In case you bought a Partner Product and withdrew from the contract, you have to send the good back to the Partner. You can find information on the specific Partner on the product page of the product you bought.
All return shipments will be at your expense.
Please note that we can only accept returns from the country which the shipment was sent to.
In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.
Cancellation template
You can download a cancellation template and / or we will send you a hard copy of the cancellation template as soon as the contract has been concluded.
§5 Prices and product quality
- The prices stated on our Website at the time of your order apply.
- The goods offered at Blue Antoinette are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
§6 Coupons
- Coupons are applicable for purchase of either products or services available on the website. You may not use a coupon you received for services (f.e. for a seller subscription pack) to buy products (and vice versa).
- Coupons have different time periods of validity.
- Reimbursements of coupons is not possible.
- Blue Antoinette cannot be held responsible for any fraudulent or non-authorised uses of coupons.
- Blue Antoinette reserves the right to cancel or block the coupon, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the coupon. You will be informed immediately by Blue Antoinette in the case of cancelling or blocking the coupon.
- Return policy for orders purchased using a coupon:
- If you make use of legal right of return, the value of the used coupon cannot be reimbursed and the coupon cannot be used for future purchases.
§7 Storage of contract data
We store your order data. If you wish to print your order, you may do so by printing your screen once you have submitted your order to us by clicking the “Buy now” button and your credit card details have been verified. In addition, you will receive an email order confirmation stating all details.
§8 Shipping & dispatch
- Your package will be shipped with a shipping company chosen by us (or our partners).
- Blue Antoinette goods will be ready for dispatch on or after the day following your order. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
- Deliveries of Blue Antoinette goods to EU destinations: Unless agreed otherwise, delivery will be made within 1 to 7 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen.
- Deliveries of Blue Antoinette goods to non-EU destinations: Unless agreed otherwise, delivery will be made within 1 to 14 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. The product prices as indicated are exclusive of value-added tax and customs duties. Please note that you will be charged for all import sales taxes, customs duties and handling charges separately. Please note that you will be responsible for any banking charges as may be incurred in foreign countries. In case of a return, customs duties, import sales taxes and handling charges, will not be refunded.
- Shipping charges of Blue Antoinette goods (Shipping charges of partner products see at the partners product- and shop information)
Destination | Shipping Costs |
European Union | € 19,2.- |
Outside European Union | € 34.- |
§9 Payment methods, default in payment, setoff, right of retention
- Accepted methods of payment: PayPal and Visa and Mastercard credit cards through the Paypal Payment Gateway.
- Payment using a coupon: When making a purchase using a coupon, simply enter the coupon in the designated field at checkout..
- Set-off: The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
- Right of retention for commercial transactions: In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
§10 Retention of title
The goods delivered remain property of Blue Antoinette or its partners until full payment has been made.
§11 Inquiries, complaints
For any inquiries about your order or complaints, please contact our team.
Get our emailadress here.
§12 Warranty
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to the section below.
§13 Liability
- Blue Antoinette acts as a marketplace to allow users to offer, sell and buy certain goods. Since Blue Antoinette is not directly involved in the transaction between buyers and sellers, it has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Blue Antoinette cannot ensure that a buyer or seller will actually complete a transaction.
- You agree that Blue Antoinette is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Blue Antoinette.
- You use the Blue Antoinette services at your own risk.
- THE SOFTWARE SOLUTIONS (PLUGINS, etc…) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- The exclusion of the liability of Blue Antoinette shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§14 Governing law, severability
- All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by Austrian law to the exclusion of the UN Sales Convention.
- If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.
ADDITIONAL TERMS AND CONDITIONS FOR SELLERS AND PARTNERS:
§15 Compliance
- You agree to comply with all applicable laws.
- You are responsible for all applicable taxes.
- You accept our conditions, rules, policies and procedures that may be published from time to time on our Website, which is incorporated herein or by reference and may be updated from time to time without notice to you.
§16 Fees and Billing
When you register as a seller you can choose a Seller Subscription Pack. Depending on the chosen Seller Subscription Pack Blue Antoinette charges fees for listing items for sale, as well as a percentage of the sales price when the item sells.
Blue Antoinettes Fee Policy, which is subject to change, is incorporated into the description of the Subscription Packs. Blue Antoinette may change the Fee Policy and the fees at any time. If you have chosen a subscription pack which is matter of change, Blue Antoinette provides you with at least fourteen days notice by posting the changes.
You are responsible for paying all fees and applicable taxes associated with using Blue Antoinette. Blue Antoinette will send an invoice to the seller’s email address on file detailing the amount due for fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
§17 Termination
You can terminate your subscription at any time by clicking the “Cancel” – Button of your current subscription. If you cancel your subscription or your account gets closed by yourself or by Blue Antoinette you remain obligated to pay for all unpaid fees plus any penalties, if applicable.
§18 Product listing
By listing a product on Blue Antoinette you warrant that
- you may legally sell the product
- you describe your products and all terms of sale
- you agree to outline your shop policies like cancellation- or shipping policy
- you comply with Blue Antoinette’s policies.
- you comply with all applicable laws
- Only identical products may have a stock quantity greater than one
- all sales are binding
- you are obligated to ship the order
- you are solely responsible for all content (like text, images, photographs, videos, etc.) that you post on Blue Antoinette.
§18 Licenses
Blue Antoinette does not claim ownership rights in your content.
You agree to allow Blue Antoinette to store, reformat or translate your content.
ADDITIONAL TERMS AND CONDITIONS FOR AFFILIATES:
§19 Affiliates
Blue Antoinette provides the possibility for accepted affiliates to get a commission up to 30% for purchases of agreed products on the Website based on referrals through its affiliate program.
NOTE: From 2018 Blue Antoinette no longer provide any affiliate program. After 1.1.2018 no referral is tracked nor a referral commission is provided.
- Referral commission is provided if a visitor clicks through your affiliate link and makes a purchase within 30 days. For this purpose a 30-day cookie is set and and the visitor must not clear his cookies
- Tax is excluded from referral commission calculation
- Referral commisson is provided only for purchases of agreed products from Blue Antoinette and not from any partner products
- All affiliate payments are made via PayPal. You need to make sure your payment method and PayPal email address are correctly entered within your Blue Antoinette affiliate account. Any account incorrectly setup will not be paid for that cycle.
- Payments for valid affiliate commissions of the prior month will be sent to your PayPal account by the end of the next month. For example, if you had three sales in September, you will be paid by October 31st. Each transaction is manually audited due to an increase in affiliate fraud.
- The minimum payout amount for valid affiliate commissions is $300.
- If the purchase of a product was reversed you will receive no commission or the commission you earned gets reversed as well.
- Blue Antoinette does not accept coupon site affiliation
- You will not receive credit when purchasing one or more products through your own affiliate link. You may receive an automatic notification from us to let you know that a sale has taken place, but your affiliate payout will not include this amount.
- If there is any question about the legitimacy of the affiliate sale, you will not be paid.
- If we suspect a fraudulent affiliate sale, the commission will not be paid out and the affiliate runs the risk of losing their affiliate account.
- If we do make mistakes and you have a valid case, please send us a message including the details of your transaction. Unpaid transactions older than 60 days cannot be disputed.
- Blue Antoinette reserves the right to decline payments, suspend accounts, and/or terminate any affiliate user account without notice.