General Terms and Conditions of sale
This agreement is concluded electronically between :
BIOVIE with a capital of â¬ 345,600 registered under number 81932880800020 whose registered office is located at 60 chemin des comminces, 30980 LANGLADE, represented by Eric VIARD as manager.
Hereinafter referred to as "BIOVIE" or the "SERVICE PROVIDER", ON the ONE HAND.
And between any legal or natural person, individual or professional, private or public law, adult and capable, within the meaning of the applicable law, whose identity and contact details are indicated in the registration form, subject to the acceptance of this request under the conditions referred to below.
Hereinafter referred to as the "CUSTOMER" or the "USER" or the " MEMBER ", ON the OTHER HAND.
BIOVIE and the USER are hereinafter individually referred to as a "Party" and collectively the "Parties".
These general conditions of use and sale comply with the legislation in force as well as the new regulations on the protection of personal data.
ARTICLE 1: DEFINITIONSÂ
TERMS AND CONDITIONS : Refers to this document.
GENERAL CONDITIONS OF USE : Refers to the general conditions of use imposed by BIOVIE applicable to the provision of the Service, of which the CUSTOMER declares to be fully aware. Also constitute this document.
CUSTOMER: Natural or legal person who has identified himself and registered with the BIOVIE service. Registration is done by entering an online registration form by the CUSTOMER.
CONTENT: Refers to the message (written, audio, video) routed to a recipient.
CONTRACT: These General Conditions, as well as any specific conditions referred to on the registration form and any Special Conditions established between the parties.
MAILINGS: Refers to the routing, by the CUSTOMER, of messages (written, audio, video) through campaigns to the recipients.
CUSTOMER AREA: Private area of the CUSTOMER accessible online on the website of the SERVICE PROVIDER containing information relating to the services provided.
E-MAILING: the realization and mass sending by internet of e-mails for commercial or advertising purposes.
REGISTRATION FORM: the online form through which the CUSTOMER can subscribe a new service with the SERVICE PROVIDER.
OPT-IN: Policy for the collection of personal data based on the prior consent of the owner of the mobile phone number, email address or postal address. An "opt-in" collection is based on the idea that the owner of the mobile phone number, email address or postal address gives his consent before the use of his personal data for commercial purposes.
SERVICE: Refers to the use of the SERVICE PROVIDER's communication tools by the CUSTOMER in order to ensure the transmission of messages (written, audio, video) over the communication networks operated by one or more operators, suppliers. The Service also includes the management and administration of technical conditions related to communication tools.Â
Â ARTICLE 2: PURPOSE
Since 2007, BIOVIE offers services around organic and well - being mainly through its online store on which the CUSTOMER freely makes his orders.Â
BIOVIE is manufacturer of Easygreen. It is also an exclusive distributor in France of certain products.Â
ARTICLE 3: CONDITIONS OF ACCESS / REGISTRATION
Upon signature of the present, the SERVICE PROVIDER allows the CUSTOMER to have access to the IT platform and / or benefit from the implementation of the Service, thanks to a strictly personal identifier and password chosen by the CUSTOMER when registering on the SERVICE PROVIDER's website.Â
The CUSTOMER undertakes to ensure that the confidentiality of his username and password is maintained. Any intervention carried out with the username and password of the CUSTOMER is deemed to be carried out by the latter, the CUSTOMER therefore remaining solely responsible. The CUSTOMER thus expressly disclaims any liability for any misuse or fraudulent use by a third party of its identification elements.Â
The Site is accessible free of charge in any place to any User with access to the Internet. All costs incurred by the User to access the Service (hardware, software, Internet connection, etc.) are at the User's expense.
ARTICLE 4: PROVISION OF THE SERVICE / OBLIGATIONS OF THE SERVICE PROVIDER
Shipping costs can contain a fixed part and a variable part depending on the weight of the order and the distance to be covered.Â
Some items may be sent by a separate package.
ARTICLE 5. OBLIGATIONS AND LIABILITY
The CUSTOMER undertakes to provide the SERVICE PROVIDER with all the information and data necessary for the performance of the service that is the subject of this contract. More generally, the CUSTOMER undertakes to cooperate actively with the SERVICE PROVIDER and in particular with its dedicated staff for the proper execution of this contract. The CUSTOMER shall provide the SERVICE PROVIDER with accurate, accurate and reliable information and shall update it immediately throughout the term of the Contract. This information includes in particular the full name and surname, the exact name if legal entity, the postal code, the city, the country, the e-mail address of the owner, and administrative, technical and billing contacts associated with the service subscribed.Â
The CUSTOMER acknowledges having verified the adequacy of the service to his needs and having received from the SERVICE PROVIDER all the information and advice that were necessary to subscribe to this commitment in an informed way.Â
The SERVICE PROVIDER cannot be held responsible for delays or non-performance, and without fault or negligence on its part, in case of force majeure defined according to the legal provisions in force.
The liability that may be incurred by the SERVICE PROVIDER under these terms is expressly limited only to direct damages suffered by the CUSTOMER and does not cover indirect damages possibly suffered by the latter, such as in particular loss of turnover, profit or profits, loss of customer base, loss of orders, loss of luck, loss of data or moral damage.Â
Expressly, are considered as cases of force majeure or accidental cases, in addition to those usually retained by the jurisprudence of French Courts and Tribunals, total or partial strikes, internal or external to the company, lock-outs, wars, bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental, legal or technical restrictions, legal or regulatory modifications of forms of marketing, network failures, blocking of telecommunications and distribution networks, order of ARCEP imposing the total or partial suspension of GSM public radiotelephony, and more generally, any other case beyond the express control of one of the Parties which would prevent the normal execution of this Convention.
ARTICLE 6: PRICE / PAYMENT METHOD / RENEWAL / SUBSCRIPTION / FINANCIAL CONDITIONS / DELIVERY
The actual selling prices are those applicable on the day of issue of the invoice. Prices are indicated in euros without obligation and can be modified without notice. They are indicated on the PROVIDER's website, which the CUSTOMER acknowledges and accepts.Â
For non-professional or professional CUSTOMER in small volume :Â
The SERVICE PROVIDER is NOT a shop and does not have a physical shop, the goods are stored and shipped from Vitrolles in the Bouches du RhÃ´ne.
The CUSTOMER undertakes at best to indicate a delivery address where he can be present in the morning, as well as a mobile phone number for SMS notifications from the carrier.Â
The CUSTOMER's order is processed upon receipt of payment. Shipping times may vary. An estimate of the preparation time is indicated to the customer before the payment of his order. Some fresh products are pre-order and are shipped to arrivals.
In case of out of stock on a product, an estimated replenishment date is indicated on the site. If pre-orders are possible, the CUSTOMER agrees to wait for the restocking of this product to receive the entire order.Â
Replenishment dates and shipping and delivery times are indicative and are based on several factors beyond BIOVIE's control. Any delay given as an indication may not give rise to damages or cancellation of orders in progress.
The standard shipping method is the DPD delivered against signature, Mondial Relay, Private Parcels that deliver up to 30 kg per order. DHL and Chronopost deliver up to 70 kilos.
Orders over 70 kilos are delivered by pallet transport.Â
Heavy products are shipped alone, in this case the CUSTOMER's order is split in two, which the CUSTOMER acknowledges and accepts. Before any complaint, the CUSTOMER makes sure to check that the items correspond to the Delivery Note present in the package.
For the professional customer in large volume :Â
A large order is considered from 350 euros excluding TAX.Â
The order is processed upon validation of the proforma.
The order is delivered within deadlines that can vary from 24 hours to 5 working days depending on the products shipped, the carrier used and the distance to be covered. BIOVIE informs the CUSTOMER of an estimated period, given as an indication. Any delay given as an indication may not give rise to damages or cancellation of orders in progress.
The CUSTOMER is free to choose the transport himself and takes care of his order at the warehouse. He then becomes responsible as soon as he withdraws.Â
Payment is made within 30 days of receipt of the invoice. With the exception of the first order made by the professional CUSTOMER which must be paid in advance.Â
An exception is made for orders of pallets of coconuts. For the purchase of this product the CUSTOMER reserves his pallets by placing an order with BIOVIE as soon as possible before the arrival of the cocos container without validation from proforma because the CUSTOMER acknowledges having been informed of the pricing and takes care of the transport management himself. BIOVIE informs the CUSTOMER of the date of picking up pallets in the BIOVIE warehouse. The invoice is then sent to the CUSTOMER on the day of collection with a period of 30 days to complete the payment.
The transfer of ownership of the delivered goods will be made upon full payment of the selling price by the CUSTOMER as provided for by the regulations in force ; BIOVIE reserves the right to take back goods that have not been paid on the due date.Â
In case of late payment, a penalty equal to 3 times the legal interest rate will be payable (Article L 441-6, paragraph 12 of the Commercial Code).Â
In addition to the late payment, any sum not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs (Art. L. 441-6, I para. 12 of the Commercial Code).
ARTICLE 7: PRIVACYÂ
ARTICLE 8: INTELLECTUAL PROPERTY
Brands (including BIOVIE) logos, graphics, photographs, animations, videos and texts contained on the site biovie.fr and in the BIOVIE Service are the intellectual property of BIOVIE or its partners and may not be reproduced, used or represented without the express permission of BIOVIE or its partners, under penalty of legal action. The use of these elements of intellectual property by the Customer is strictly reserved for private and personal use within the framework of and for the duration of the membership of BIOVIE. Any other use by the Member is prohibited without BIOVIE's permission. The Customer is prohibited in particular from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing and/or using in any way whatsoever the pages of the Site, or the computer codes of the elements composing the Services and the site biovie.fr
ARTICLE 9: RETURN
The CUSTOMER is personally responsible for the control and use of our goods and these are not specified for a specific purpose. BIOVIE cannot be held responsible for misuse of the products sold.Â
If a package arrives damaged, at the CUSTOMER, he undertakes to accept and keep it and to write to the SERVICE PROVIDER's customer support within a maximum of 5 working days by sending photos to thus benefit from the adapted amicable compensation. Similarly, if an order arrives incomplete or if a product arrives defective, the CUSTOMER undertakes to report it to the SERVICE PROVIDER's customer support within a maximum of 5 working days to thus benefit from the amicable compensation.
Our products benefit from the legal guarantee of conformity (articles L. 217 - 7 to L. 217 - 14 of the Consumer Code) and the guarantee of hidden defects (provided for by articles 1641 and following of the Civil Code). In case of non-conformity of a product sold, it can be returned, exchanged or refunded. All complaints must be made by email to the after-sales service within 5 working days of the discovery of the defect.
Any return will only be made after contacting BIOVIE and agreeing on the procedure to follow and the payment of possible refunds or compensation. The CUSTOMER agrees to contact the after-sales service by email before returning a product.Â
Each disputed case will be managed on a case-by-case basis according to the type of damage found and the type of goods concerned. What the CUSTOMER acknowledges and accepts.Â
In case of breach of contract by BIOVIE, the amount of damages will be limited to the amount of the order.Â
The CUSTOMER also has the possibility in accordance with article L 121-16 of the Consumer Code to return his package (excluding fresh products) in perfect condition, in its original packaging, at his expense and at his risk within fourteen working days from its delivery for exchange or refund without having to justify reasons or pay penalty, shipping costs deducted if the CUSTOMER has had shipping costs.Â
Here too, please contact the after-sales service before returning your product.Â
The SERVICE PROVIDER may modify the General Conditions of Use and Sale at any time. The CUSTOMER will be informed of the nature of these changes as soon as they are posted online. For the CUSTOMER registered after the online posting of the changes, these will be immediately applicable because they will have expressly accepted them when becoming a CUSTOMER.Â
RULE 11. MISCELLANEOUS PROVISIONS
If any of the stipulations of the contract are void under a rule of law in force, it will be deemed unwritten, but will not result in the nullity of the contract. In case of difficulty of interpretation between any of the titles and any of the clauses of the contract, the titles will be declared non-existent.Â
RULE 12. DISPUTE RESOLUTION
These General Conditions are governed by and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
The CUSTOMER is informed that he may in any case resort to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. Disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of these Terms and Conditions may in particular be subject to a conciliation procedure between the Parties.
In the absence of a solution through an alternative method of dispute settlement, any dispute relating to the existence, validity, interpretation, execution and realization of these General Conditions (or any of these clauses) will be the exclusive jurisdiction of the competent courts of NÃ®mes.
RULE 13. CONTACT
Any question regarding the general conditions of sale and use of BIOVIE can be addressed by sending a letter to the address :
60 chemin des comminques,Â
Terms and conditions created on 01/02/2021.