Terms of Sale
A. General Terms
B. Terms and Conditions for the use of the blancgroup.com website
Use of the blancgroup.com website is subject to these use terms. By using the blancgroup.com website you agree to comply with, and be bound by, the use terms.
(2) Data Security and Privacy
(B) Not intended for Minors. The blancgroup.com website is not intended for those under the age of 18. By using the website you agree that you are 18 years of age or older.
(3) Intellectual Property
(A) Ownership. The blancgroup.com website and material on the blancgroup.com website are the exclusive property of BLANC & ECLARE. You may not reproduce by any means or process (except as expressly provided by BLANC & ECLARE), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the blancgroup.com website.
All BLANC & ECLARE related marks and logos, whether registered or not registered, displayed on the blancgroup.com website, as well as the domain name “blancgroup.com,” are and will remain the exclusive property of BLANC & ECLARE. Any reproduction, distribution, transmission, modification, or use of any BLANC & ECLARE trademark for any purpose is prohibited.
(B) Proprietary Markings. You may not remove any copyright, trademark or other proprietary notice contained on the blancgroup.com website or any content contained therein.
(C) Feedback. You agree that any and all feedback (except for your personal information) disclosed or submitted to BLANC & ECLARE through this website or by other means (“Submissions”) are neither confidential nor proprietary to you and may be used by BLANC & ECLARE without restriction or compensation. You represent and warrant that no submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, you agree that BLANC & ECLARE has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or any other person. You are solely responsible for the content of any submission you make.
Links to third party sites. The blancgroup.com website may contain links to third party websites not under the operation or control of BLANC & ECLARE. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites. BLANC & ECLARE shall not be responsible for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites.
(5) Use Restrictions
No Unlawful Use. You may not use the website for any purpose that is unlawful or prohibited by these use terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BLANC & ECLARE or others.
C. Terms and Conditions of Sale for the blancgroup.com Website
The purchase or attempted purchase by you of products on blancgroup.com website is subject to these sale terms.
(A) Not for resale. Orders may only be placed on the blancgroup.com website for personal use and not for resale. Any resale or distribution of BLANC & ECLARE products purchased on blancgroup.com website is strictly prohibited.
(B) Right to cancel. BLANC & ECLARE reserves the right to cancel any order placed by a customer in its sole discretion and without liability.
(C) Availability. All offers of products as they are displayed on the blancgroup.com website are subject to availability. BLANC & ECLARE reserves the right to change the items proposed on the blancgroup.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the order, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available after you place your order, we will call or email you. You can decide if you would like to substitute an item, wait until the product is available, or cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. BLANC & ECLARE shall not be liable if products are unavailable.
(D) Age. You must be 18 years or older in order to make a purchase on the blancgroup.com website, and by making a purchase you represent that you are at least 18 years old.
(E) Account. If you choose to open an account, you are entirely responsible for maintaining the confidentiality of the information for your account. You agree to notify BLANC & ECLARE immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BLANC & ECLARE or any other user of or visitor to the website due to someone else using your account as a result of your failing to keep your account information secure and confidential access to your account may be terminated or suspended in our sole discretion.
(A) Pre-order Summary. For each product selected on the blancgroup.com website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order, please confirm that this information is accurate. Once you have confirmed your order it will be submitted for processing and your method of payment charged.
(B) Visual Accuracy. While we take steps to try to ensure that the coloring, design, and style of the BLANC & ECLARE products in the photographs or other representations displayed on the blancgroup.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Accordingly, BLANC & ECLARE shall not be liable for any error or inaccuracy in the photographs or other representations of BLANC & ECLARE products displayed on the blancgroup.com website. Please contact Customer Service with any questions.
(C) Submitted Orders. Once your order is submitted for processing it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law. Placing an order confirms your acceptance of the sale terms. Once an order is placed you will receive an order summary via email.
(D) Records. The data collected by the blancgroup.com website establishes the terms of the transactions between BLANC & ECLARE and its customers. In the event of a dispute between BLANC & ECLARE and its customers relating to a transaction entered into using the blancgroup.com website, and subject to BLANC & ECLARE’s right to cancel or not accept an order, the data collected by BLANC & ECLARE are the terms of the transaction.
(3) Pricing and Payment
(A) Listed Price. The pricing for all BLANC & ECLARE products on the blancgroup.com website are in US Dollars and exclude international taxes. BLANC & ECLARE reserves the right to modify the prices of products offered on the website at any time without prior notice. You will be charged the prices displayed on the blancgroup.com website at the time your order was confirmed provided the goods ordered were available at this time. BLANC & ECLARE reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.
(B) Payment Methods. You are required to pay for any order placed on the blancgroup.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We accept payment by charge card or credit card. All orders are payable in US Dollars or the equivalent in local currency. We accept the following payment methods:
China: Union Pay
Countries outside China: Mastercard, Visa, American Express and Discover
Store credits or gift certificates issued by retail stores in which BLANC & ECLARE products are sold are not accepted for payment for items offered on the blancgroup.com website. Your charge card or credit card will only be debited when your order is shipped.
(C) Ownership. All products ordered through the blancgroup.com website remain the property of BLANC & ECLARE until full payment is tendered to BLANC & ECLARE. In the event of a payment dispute, you are required to return the products that are the subject of dispute to BLANC & ECLARE immediately upon request, and to assume the risks related to such products.
(4) Shipping and Delivery
(A) Restrictions. Goods will be shipped to the accepted delivery address specified during the ordering process. If regulations prohibit shipping of products to the address you specify Customer Service will contact you.
(B) Signature Required. A signature of an adult aged 18 years or older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the delivery address.
(C) Shipping Costs. BLANC & ECLARE offers free shipping for eyewear to all countries. Some regions may require a 10% international tax. BLANC & ECLARE reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.
(D) Delivery Timing. During the ordering process, we will inform you of the time required for delivery and the various forms of delivery options may not be available or may take longer. Some products may be subject to delivery delays. If your order is not able to ship without material delay, Customer Service will contact you to provide more detail and an estimated shipping date.
(E) Taxes. Some regions may require a 10% international tax. These taxes will be assessed during the checkout process.
(F) Delivery Problems. Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our Customer Service as soon as possible. In order for your claim of delivery failure or late delivery to be accepted you must notify us within thirty (30) calendar days from the date of confirmation of your order. You must verify that your shipment is correct on delivery. If there are any discrepancies in your order, you should note the nature of the problem on the delivery notice and sign. You must contact us as soon as possible but no later than ten (10) days after receiving the delivery.
(5) Returns and Exchanges
(A) Returns and Exchanges of Purchased Items. You may return any product ordered on the blancgroup.com website for exchange or refund within ten (10) calendar days from the delivery date. Returned products must be in their original condition, with all tags attached, and in the original packing. The original invoice must be provided with any return. BLANC & ECLARE will determine in its sole discretion whether the products are in original condition when returned. If BLANC & ECLARE determines that the products are not in original condition they will be returned to you. Please allow up to ten (10) days for the processing of your return.
Please be advised that return costs will be borne by the customer unless the reason for return is damaged merchandise or an error on our part. To return a product, please complete and enclose the return/exchange form included with our Shipment. Securely repackage your item. We recommend selecting an insured shipping or postage method as you are responsible for the product until it is returned back to BLANC & ECLARE in Hong Kong. BLANC & ECLARE does not take title to any returned products until they are received by us.
- Personalized or Altered Products. A product ordered on the blancgroup.com website that has been personalized, or a product that has been altered or tailored in any way cannot be returned for exchange or refund.
- Sale and other non-refundable products. All products sold as part of a sale are final and not returnable. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. BLANC & ECLARE reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.
- Retail Locations. Products purchased in a retail location may not be returned to the blangroup.com website and vice versa. Please contact Customer Service for more information.
(C) Return or Exchange of Gift Items. If you received an item as a gift from blancgroup.com, you may exchange it for another item of equal or greater value within ten (10) days of delivery. You, the gift recipient, must pay the difference in price. You are responsible for return costs.
(D) Returns and Shipping Costs. BLANC & ECLARE offers free shipping in eyewear for exchanged items but please bear in mind that you are responsible for the return costs. You will not be charged return costs only if the products are returned because they were not as ordered or were damaged.
(E) Additional terms for cosmetics and fragrance products. In addition to the conditions described above, for cosmetic and fragrance products to be returned they must not be opened (must be in original packaging with seal intact). If the seal has been opened or removed the item will not be accepted for return or exchange.
In the event a cosmetic or fragrance product is defective or damaged during delivery, you must contact customer service for additional instructions prior to an attempted return.
(F) Return address. Please ship the return to:
c/o BLANC GROUP LIMITED
43 Lyndhurst terrace,
Central, Hong Kong
You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and BLANC & ECLARE will not be responsible for liable if any item you return to the blancgroup.com website is lost, misplace, or delivered late. The costs you pay to ship your return will not be refunded.
(G) Refund. If you request a refund for returned products, BLANC & ECLAREwill use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall be made to the original form of payment.
D. Additional Terms
For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the blancgroup.com website and any purchase or attempted purchase you make.
(1) Termination of Access
(A) Termination. You agree that BLANC & ECLARE may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated any of our terms. You agree that BLANC & ECLARE may, in its sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the website or any service offered on or through the website, or unexpected technical issues or problems.
(2) Disclaimer of Representations and Warranties
The blancgroup.com website and its contents are provided on an “as is” and “as available” basis. BLANC & ECLARE makes no representations or warranties of any kind, express or implied, as to the website or the products offered through the website nor as to the merchandise being sold to you. To the fullest extend permissible by applicable law, BLANC & ECLARE disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation.
By using the website, you agree that your use of the website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with Group all necessary servicing or repairs of any equipment or software that you use in connection with this site, and that BLANC & ECLARE shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused or related to your use of the website. Your sole remedy against BLANC & ECLARE for dissatisfaction with the website is to cease to use the website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
(3) Limitation of Liabilities; Indemnity
BLANC & ECLARE shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punative, exemplary or consequential damages, whether arising under contract, tort or any other theory, including without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the Blangroup.com website, even if BLANC & ECLARE has been advised of the possibility of such damages. Without limiting the foregoing, BLANC & ECLARE shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.
If, notwithstanding the other provisions of these use terms, BLANC & ECLARE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, BLANC & ECLARE liability shall in no event exceed US$100.00.
Certain country laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some of all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless BLANC & ECLARE, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the website.
(4) Law and Disputes
Our terms, including the use terms, the sale terms, and the additional terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its principles of conflicts of laws, and shall govern all matters arising out of or relating to the use terms, including without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, the courts located in Hong Kong, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. BLANC & ECLARE shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
(A) Severability. If any provision of the use terms, sale terms, or additional terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.
(B) Waiver. No failure, forbearance, neglect or delay of any kind or to any extent on the part of BLANC & ECLARE in connection with the enforcement or exercise of any rights under the use terms, sale terms, the additional terms shall affect or diminish BLANC & ECLARE's ability to enforce such rights or any other rights under the use terms, the sale terms the additional terms.