ARTICLE 1 – Scope of Application

These Terms and Conditions of Sale (“T&Cs”) apply, without restriction or reservation, to all sales concluded by Bluetens France, a simplified joint-stock company with a sole shareholder, registered office at 5, passage Saint Bernard, 75011 Paris, France, and registered with the Paris Trade and Companies Register under number 804 310 795 0039 (“the Seller”), with non-professional buyers (“the Customer” or “Customers”) wishing to purchase products offered for sale by the Seller (“the Products”) on the website www.pinktens.com

Together with the order confirmation, these T&Cs form the binding contractual documents between the parties, to the exclusion of any other documents such as catalogues, brochures or product photographs, which are provided for information only.

They set out, without limitation, the conditions relating to ordering, payment, delivery, and management of any product returns.

The key features of the Products, including specifications, illustrations and measurements, are presented on the website www.pinktens.com . The Customer is required to review this information before placing an order.

The choice and purchase of a Product is solely the Customer’s responsibility.

Seller’s details:
Bluetens France
5, passage Saint Bernard
75011 Paris – France

These T&Cs apply exclusively and override any other general or special conditions, including those applicable to in-store sales or sales via other distribution channels.

The T&Cs are accessible at all times on the website www.pinktens.com and shall prevail, where applicable, over any other contradictory version or document.

By ticking the box provided for this purpose before completing the online order process, the Customer confirms that they have read and accepted these T&Cs and the website’s terms of use, without restriction or reservation.

As the T&Cs may be amended from time to time, the version applicable to the Customer’s purchase shall be the one in force on the website at the date the order is placed. Any amendments apply only from the time they are published online and cannot affect prior transactions.

Unless proven otherwise, the data recorded in the Seller’s IT system constitutes evidence of all transactions with the Customer.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and object to the processing of their personal data at any time, by writing with proof of identity to: Bluetens France, 5, passage Saint Bernard, 75011 Paris.

The Customer confirms that they are acting as a consumer (not a reseller) and that they have the legal capacity to contract and purchase the Products offered on www.pinktens.com , in particular that they are at least 16 years of age.

ARTICLE 2 – Products

The Products offered for sale on the website www.pinktens.com are: “Connected electrostimulation device and accessories.”

They are presented in the catalogue published on the site with a description provided by the supplier setting out their essential characteristics as required under Article L. 111-1 of the French Consumer Code.

The instructions for use are provided on delivery.

The Products comply with French law applicable at the time they are placed on the market.

In particular, this medical device is a regulated health product which bears the CE marking in accordance with Council Directive 93/42/EEC of 14 June 1993 on medical devices.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products they wish to order on www.pinktens.com , following these steps:

● Review and select the Products and check their characteristics

●Add Products to the virtual basket

●Choose delivery options and billing details

●Verify basket contents and delivery/billing information

●Confirm the order

●Proceed with payment

●Read and keep the order confirmation sent automatically by email

An email address is required to place an order.

The sale is final only once the Seller has sent an email confirming acceptance of the order and received full payment. Any order placed constitutes a distance sales contract between the Customer and the Seller. Customers will be kept informed of their order status by email.

Product offers remain valid while visible on the site and subject to stock availability. The Seller reserves the right to cancel a contract with the Customer in the following cases (without liability):

●Product out of stock (amounts already paid will be refunded promptly)

●Incorrect or unverifiable billing/delivery details

●Order identified as potentially fraudulent (including, without limitation, relating to age or consumer status)

●Bank transfer not received within the stated timeframe

●Pricing errors

●Errors in product description

The Products are intended for consumers purchasing for personal use only. The Seller does not sell directly to professionals via the website. Orders of unusually large quantities may be redirected via the contact form. The Seller reserves the right to verify addresses or the solvency of the Customer to prevent fraud.

ARTICLE 4 – Prices

Products are supplied at the prices in effect on www.pinktens.com at the time the order is placed. Prices are shown in Euros including VAT (by default).

Processing, shipping, and delivery costs are charged in addition, as indicated on the website and calculated prior to order confirmation based on the delivery country.

Prices take into account any discounts granted by the Seller. They are firm and non-revisable during their period of validity, but may be changed at any time outside that period.

The total payable by the Customer includes all applicable costs. An invoice is issued on delivery.

For Products shipped outside the European Union, prices are automatically calculated exclusive of taxes. Customs duties, local taxes or import duties may apply and are the sole responsibility of the Customer.

ARTICLE 5 – Terms of Payment

The price must be paid in full on the day of the order using secure payment methods:

●Bank cards: Visa, MasterCard, American Express, Carte Bleue (including e-Carte Bleue)

●PayPal

●ApplePay

Payment data is encrypted using Crédit Agricole’s E-Transaction protocol.

No additional fees may be charged beyond the Seller’s actual costs for using a payment method.

Payments are deemed final only once received in full by the Seller.

The Seller reserves the right to suspend or cancel delivery in the event of non-compliance with payment conditions.

ARTICLE 6 – Delivery

Products will be delivered to the address specified by the Customer, within the indicative timeframes below:

●France (mainland): 2–3 days

●EU countries: 5–7 days

●Non-EU countries: up to 10 days

We do not deliver to French overseas territories (DOM-TOM).

Delivery occurs when the Customer physically takes possession of the Product.

Orders are generally shipped in a single delivery unless otherwise agreed; in case of split delivery, no additional shipping costs will apply.

If delivery is delayed beyond 30 days after contract conclusion (other than for force majeure or Customer’s fault), the Customer may cancel the sale in writing. Any sums paid will be refunded within 14 days, with no further compensation.

Deliveries are made by an independent carrier to the address provided by the Customer.

If the Customer requests specific packaging or transport conditions (agreed in writing), additional charges will apply.

The Customer must check the condition of delivered Products and has 7 days from delivery to raise any claims (by post or email) with supporting evidence (e.g., photographs). After this period, the Products are deemed accepted as conforming and free from visible defects.

Products proven to be defective or non-conforming will be replaced or refunded at the Seller’s expense.

ARTICLE 7 – Transfer of Ownership and Risk

Ownership passes to the Customer only after full payment, regardless of delivery date.

Risk of loss or damage transfers upon physical possession of the Products by the Customer. Products therefore travel at the Seller’s risk.

ARTICLE 8 – Right of Withdrawal – Returns and Cancellations

The Customer must check their order and report errors immediately. Requested changes may only be accepted if notified by email before dispatch and if feasible. Otherwise, sums paid will be refunded within 3 weeks, unless the Customer prefers a credit note.

In line with applicable law, the Customer has 14 days from receipt of the Product to exercise the right of withdrawal without reason or penalty, provided Products are returned unused, in original packaging and perfect condition, within 14 days of notifying withdrawal.

Returns must include all original packaging, accessories, manuals, and invoice. Products that are damaged, used, incomplete or soiled will not be refunded.

Withdrawal requests must be sent by email to service-client@bluetens.com An acknowledgement will be provided on a durable medium.

Only the Product price and delivery costs are refunded; return costs are borne by the Customer. Refunds or exchanges (if available) will be made within 15 days of receipt of returned Products.

Customers are responsible for return shipment and are advised to use tracked and insured delivery.

ARTICLE 9 – Seller’s Liability – Statutory Warranty

Products comply with French regulations in force. They benefit from:

●Legal warranty of conformity (Articles L.211-4 to L.211-14 French Consumer Code): covering non-conforming, defective or damaged Products. Customers have 2 years to act, can choose repair or replacement (subject to cost), and need not prove defects for 24 months from delivery.

●Legal warranty against hidden defects (Articles 1641–1649 French Civil Code): covering material, design or manufacturing faults rendering Products unfit for use.

The Seller will replace or refund defective Products. Shipping costs will also be refunded.

The Seller cannot be held liable for:

●Non-compliance with legislation of the delivery country (to be verified by Customer)

●Misuse, professional use, negligence, lack of maintenance, normal wear, accident or force majeure

Liability is strictly limited to replacement or refund of defective Products.

ARTICLE 10 – Manufacturer’s Warranty and After-Sales Service

All devices are tested before dispatch and sold under the Manufacturer’s warranty.

The Manufacturer undertakes to repair or replace the Product in case of malfunction within 24 months of sale, upon presentation of the invoice (serving as warranty certificate).

The warranty covers parts and labour. Remedies are at the Manufacturer’s discretion (repair within a reasonable time or replacement).

No compensation is payable for downtime, inconvenience, loss of orders, loss of profits or other indirect damage.

Warranty applies worldwide to Products sold via www.pinktens.com

Claims must be addressed by email to service-client@bluetens.com. Products must be returned complete, in original condition and packaging, after approval from after-sales service.

Return shipping costs will be reimbursed within 30 days, at standard postal rates.

Warranty exclusions include:

●Breakages due to accidents, misuse, or incorrect connections

●Power supply failures

●Computer viruses

●Use not intended by design

●Failure to follow instructions for assembly, use or maintenance

●Repairs, modifications or servicing not carried out by Bluetens or authorised agents

●Use of non-approved parts, components or accessories

ARTICLE 11 – Data Protection

Personal data collected during orders is processed electronically. Please refer to our website’s privacy policy for full details.

ARTICLE 12 – Intellectual Property

The website content is the property of the Seller and its partners and is protected by French and international intellectual property law.

Any reproduction or use, in whole or part, is strictly prohibited and may constitute infringement.

The Seller retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes etc. provided. The Customer may not reproduce or exploit them without prior written consent, which may be subject to a fee.

ARTICLE 13 – Applicable Law

These T&Cs and resulting transactions are governed by French law, subject to any mandatory provisions of the Customer’s country of residence.

They are written in French; in the event of translation, the French text prevails in case of dispute.

ARTICLE 14 – Disputes and Mediation

Any disputes arising from the purchase and sale transactions under these T&Cs, including their validity, interpretation, performance or termination, will be submitted to the competent courts under common law.

For amicable resolution, Bluetens adheres to the e-commerce mediator of FEVAD (Fédération du e-commerce et de la vente à distance):
60 Rue La Boétie – 75008 Paris
https://www.mediateurfevad.fr Consumers may refer unresolved disputes to this mediator after contacting Bluetens in writing.

ARTICLE 15 – Pre-Contractual Information – Customer Acceptance

The Customer confirms they have received, prior to placing an order, clear and comprehensible communication of these T&Cs and the information required by Articles L.111-1 to L.111-7 of the French Consumer Code, including:

●Essential characteristics of the Product

●Price and ancillary costs

●Delivery timeframe

●Seller’s identity and contact details

●Details of statutory and commercial warranties

●Digital content functionality and interoperability (where relevant)

●Availability of mediation

●Information on the right of withdrawal, return costs, termination, and other key terms

By ordering on www.pinktens.com, the Customer fully accepts these T&Cs, waiving reliance on any contradictory document.

ARTICLE 16 – Liability

The Seller shall not be held liable in the event of non-performance or improper performance caused either by the Customer, by the unforeseeable and unavoidable act of a third party to the contract, or by force majeure.

The Seller shall not be held liable for any non-compliance of the Product with the legislation of the Customer’s country of residence; it is the Customer’s responsibility to verify that the Product is not prohibited for sale in their country.

Despite the care taken in preparing and updating the content of the website www.pinktens.com , inaccurate or incomplete information may appear. Such information does not give rise to any liability on the part of the Seller.

The Seller shall not be liable for any damage resulting from the use of, or the impossibility of using, the website www.pinktens.com  including computer viruses.

Despite the use of encrypted security software, the Seller declines any responsibility for damages resulting from the use of electronic communications and cannot guarantee the security of information or payments transmitted via the Internet or by email.

The Seller shall not be held liable for any damage suffered by a third party arising from the use or misuse of a Product.

ARTICLE 17 – Personal Account

When registering on the website www.pinktens.com the Customer must keep their login details (username and password) confidential and must not disclose them to third parties.

The Seller reserves the right to deactivate access to a Customer’s personal account if it considers that the Customer has failed to comply with their contractual obligations or with any provision of these Terms and Conditions.

ARTICLE 18 – Final Provisions

If any provision of these Terms and Conditions is declared unlawful or unenforceable, the validity of the remaining provisions shall not be affected, and all other clauses shall remain in full force and effect.

Any waiver or delay by the Seller in enforcing the Customer’s compliance with these Terms and Conditions shall not be construed as a waiver of the Seller’s rights, nor shall it entitle the Customer to disregard these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between the parties and supersede all previous and current agreements entered into between Bluetens Limited and the Customer. Any waiver of a provision of these Terms and Conditions shall only be effective if signed in writing by a duly authorised representative of Bluetens Limited.

Last updated: 1 January 2025