Showroom for professionals: 75 rue Claude Decaen 75012 Paris
Applicable from December 18, 2012
These general conditions of sale apply to all orders and / or sales of products concluded through the website www.biosme-paris.fr between:
The BIOSME company which operates the said site, a limited liability company, whose head office is located at 52 rue Gabrielle 94220 Charenton-le-Pont, Siret. 817 380 447 RCS represented by its legal representative in office.
Phone: 09 67 35 46 64
Email address: firstname.lastname@example.org
And on the other hand,
anyone wishing to place an order / purchase through the aforementioned website,
Hereinafter referred to as "the Buyer".
Any order for a product appearing in the online store of the biosme-paris.fr website requires prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the Buyer wishes to order online the products presented within the framework of the website shop.
The consumer has the option to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the Buyer therefore has specific rights, which would be called into question in the event that the products or services acquired through the website actually relate to his professional activity.
These General Conditions may be subject to modifications by biosme-paris.fr. The General Conditions applicable to the Order are those in force on the Website on the date on which the Order is placed by the Buyer.
By accepting these General Conditions, the Purchaser, a natural person, declares that he has the capacity to contract, that is to say in particular to have the legal majority. The online store set up by BIOSME as part of the website mentions the following information:
Article 1: Completeness
These general conditions express all the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer may be incorporated into these conditions, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by BIOSME to consumers on its site www.biosme-paris.fr.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; purchase order. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into force - duration
These general conditions come into force on the date of signing the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees owed by the company BIOSME.
Article 5: Electronic signature
The “click” of the consumer under the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
6-a: Until the Order is validated, the Purchaser will be able to return to the previous pages and correct and modify his Order and the information provided previously. The Purchaser indicates the chosen method of payment and, where applicable, the contact details necessary for using the means of payment.
6-b: BIOSME confirms to the Purchaser the receipt of his Order by means of an Order acknowledgment sent by email to the email address provided by the Purchaser. This acknowledgment of receipt constitutes validation of the Order.
6-c: In case of refusal of authorization by the banking centers to debit the bank account corresponding to the card whose details are provided by the Buyer, the Order will not be validated by biosme-paris.fr.
6-d: For payments by check, If the check is not received within 5 days from the validation of the Order by biosme-paris.fr, the Order will be canceled.
6-e: In the event of temporary unavailability of the Product after validation of the Order, biosme-paris.fr undertakes to inform the Buyer by any means within 72 hours. In this case, biosme-paris.fr will reimburse the Buyer immediately or offer one or more product (s) similar to the Products ordered, subject to the Buyer's acceptance.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the company BIOSME under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8: Product information
8-a: The BIOSME company presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wishes to buy.
8-b: As the Products sold by biosme-paris.fr are subject to change, the latter may modify the specifications, characteristics and components of the Products, for any reason whatsoever or withdraw a Product from its offers.
8-c: These modifications may occur at any time without notice, including after the Buyer's Order, if these modifications result from the application of standards, texts or regulations whatever they are applicable to the Products. In such a situation, biosme-paris.fr will inform the Buyer by any means, who may then request a refund or choose a product similar to the Product ordered, in application of the provisions of Article 9.1.
8-d: The offers presented by BIOSME are only valid while stocks last.
Article 9: Price
The prices are indicated in euros and are only valid on the date of dispatch of the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment. The prices displayed on this website are only valid for products purchased online on the site www.biosme-paris.fr.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods referred to in the order form. The consumer guarantees BIOSME that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. BIOSME reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. BIOSME may need to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the customer may be asked to send by fax to BIOSME a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the parts sent. For payment by check, we reserve the items ordered 4 working days, beyond this period, if the check has still not arrived, the items will be made available for sale.
Article 11: Product availability
The order will be executed at the latest within a maximum period of 7 days from the day following that on which the consumer has paid for his order. In the event of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will be able to cancel his order. The consumer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
12-a: Delivery address: Before confirming his order, the Buyer creates an account by completing an identification form made available to him and on which he provides all the information requested, in particular his contact details and the delivery address. . The responsibility of biosme-paris.fr can not be engaged in the event of failure to deliver due to an input error by the Buyer. In the event that the Buyer already has an account, he identifies himself using his email address and password. The choice of delivery method is made by the buyer when ordering, with the exception of free promotional deliveries offered by biosme-paris.fr. In all other cases, the Buyer chooses and validates the delivery method, depending on the time and cost depending on the proposed solution. The products are delivered to the address indicated on the customer's account or another address of his choice to be specified when ordering by post or a carrier (depending on the option chosen).
12-b: Information on delivery: On shipment, the Buyer receives an email informing him of the shipment of his product and giving information allowing it to be tracked (shipment number ) on the carriers' websites. - By colissimo: The package is delivered by the postman to the customer's home; If the letterbox is of sufficient size, the package is slipped into it, otherwise the postman appears at the customer's door. In the event of absence, the Purchaser is notified by a note; the package remains at the post office closest to his home for 15 days. - By carrier: the package can be delivered to the customer's home or to a relay point chosen near his home.
12-c: Orders paid by credit card are processed within a maximum of one (1) working day. Orders by check are processed after receipt and cashing of the check.
Saturdays, Sundays and public holidays are not considered to be working days. It is reminded that an order is only sent once it has been processed.
In any event, the order is executed within a maximum period of thirty (30) days from the day following the day on which the Purchaser validates his order, subject to full payment of the price and compliance with these GTCS.
In the absence of delivery at the end of this period, the Buyer has the option of canceling his order under the conditions provided for in the "Delay in Delivery" article below.
12-d: Shipping costs: The shipping costs appear on the summary of your order; they are calculated based on the total weight of the order, including protective packaging and preparation. biosme-paris.fr supports part of the cost of delivery.
12-e: Damaged Products: The Buyer is required to check the condition of the Products ordered and delivered or made available. Any reservations or complaints about the condition of the packages (damage, damaged packages, open, broken packages, delivery error, etc.) should preferably be mentioned in handwritten and detailed fashion. These reservations must in any event be confirmed by email to biosme-paris.fr at the following address: email@example.com, within forty-eight (48) working hours depending on the delivery of the Products. . The Buyer will then give DayDry.fr every facility to note these reservations to remedy them if necessary.
12-f: If the maximum delivery time indicated during the order is exceeded (France domicile or relay point: 5 days / Europe: 7 days / USA or Canada: 20 days), the Buyer may exercise his right of denunciation of the order to Customer Service by registered letter with acknowledgment of receipt. The buyer is then required to refuse from the delivery person or to leave the order for which he has requested cancellation at the collection point.
The reimbursement of all sums paid by the Buyer (delivery costs included), will be made no later than 14 days following the cancellation of the contract depending on the method of payment used during the purchase and this, at the exclusion of any other compensation.
In the event of partial delivery, delivery may be made in several installments, and this right only concerns the undelivered balance of the order.
Any delay in delivery must be reported as quickly as possible by the Buyer by email by clicking here, so that the Seller can have an investigation carried out with the Carrier.
12-g: Non-withdrawal of packages: If the Buyer does not collect the package at the Post Office or at its relay point within the prescribed time, the package is returned to biosme-paris.fr. biosme-paris.fr will then refund the order deducted from the transport costs (outward and return costs) of the package.
Article 15: Product warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the item sold. . The consumer is expressly informed that the BIOSME company is not the producer of all the products presented on the website, within the meaning of law n ° 98-389 of May 19, 1998 and relating to the liability of the fact. defective products. Furthermore, in this case, BIOSME will put the consumer in contact with the producer. The conditions and duration of the producer warranty are indicated on the product sheets. Taking into account the frequency of renewal of the components of technical products, BIOSME may, on request, inform the consumer of the availability of spare parts for the products offered and how to possibly obtain them.
Article 16: Right of withdrawal
16-a: Withdrawal period: The Buyer has 14 working days to return, at his expense, products that do not suit him. This period begins on the day of receipt of the order. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. Any product that has been damaged or used in handling conditions that are not similar to those authorized in the store, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs.
16-b: Implementation of the withdrawal: In order to facilitate the implementation of its right of withdrawal, biosme-paris.fr recommends that the Buyer who wishes to exercise this right to inform him by email at the following address : firstname.lastname@example.org The Products must be returned in good condition, in their original packaging, complete, unopened, unused, and properly protected to the following address: BIOSME - Service Clients 52, rue Gabrielle 94220 Charenton-le-Pont These operations will be carried out at no additional cost to be borne by the Buyer, with the exception of the cost of returning the Product (s).
16-c: Refund: In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment is done at its expense. In case of exercise of the right of withdrawal, BIOSME will make every effort to reimburse the consumer within 14 days. The consumer will then be reimbursed by crediting his bank account (secure transaction by paypal or payment by credit card) or by check in other cases.
Article 17: Non-compliance - Returns
biosme-paris.fr undertakes to provide the Buyer with a Product in accordance with his Order. The Products supplied by biosme-paris.fr benefit from the legal guarantee against lack of conformity and hidden defects. In the event of non-compliance of the delivered Product, including apparent defects or a shipping error, the Buyer may request repair or replacement. If repair and replacement of the Product is impossible, the Buyer may return the Product and have the price returned in accordance with the provisions of the Consumer Code. These operations will be carried out at no additional cost to the Buyer, the return costs of the Product (s) being in this context borne by biosme-paris.fr. It is the Purchaser's responsibility to keep proof that he has returned the Products to biosme-paris.fr who will make the refunds or the exchange upon receipt of the package.
Article 18: Data Protection Act
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company BIOSME involved in the execution of this order. The consumer can write to the company BIOSME whose contact details are in the Legal notices section of the website, to oppose such communication, or to exercise their rights of access, rectification to the with regard to the information concerning him and appearing in the files of the BIOSME company, under the conditions provided for by the law of January 6, 1978.
Article 19: Intellectual property
All the elements of the Website (graphic charter, content, texts, software elements, databases, etc.) belong exclusively and / or are reserved for biosme-paris.fr. No one is authorized to reproduce, use, redistribute or use for any purpose whatsoever, even partially, elements of the Website, whether software, visual or sound. All these elements are protected in particular under copyright, patents and trademarks for the whole world.
Article 20: applicable lawThese general conditions are subject to French law. This is the case for the substantive rules as for the formal rules. In the event of a dispute or complaint, the consumer will first contact BIOSME to obtain an amicable solution. Secondly and in the event of an appeal, the consumer may file a complaint with the commercial court of his choice.