General terms and conditions
This contract is concluded electronically between:
BIOVIE with a capital of 345,600€, registered under number 81932880800020, whose head office is located at 60 chemin des comminques, 30980 LANGLADE, represented by Eric VIARD as the director.
Hereinafter named “BIOVIE” or the “PROVIDER”, ON ONE HAND.
And between any legal or natural person, individual or professional, under private or public law, of full age and capable, within the meaning of applicable law, whose identity and contact details are provided in the registration form, subject to acceptance of this request under the conditions set out 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 Terms and Conditions form a contract governing the relationship between BIOVIE and the Customer. The purpose of these clauses is to define the conditions and modalities according to which BIOVIE makes the service available to the CUSTOMER. They cancel and replace all previous provisions not expressly referred to or annexed and constitute all of the rights and obligations of BIOVIE and the Member. If ever one or more stipulations of these Terms and Conditions were declared null in application of a legislative or regulatory provision or following a final decision of a competent court, the other stipulations will remain applicable. In addition, the fact that a Party does not invoke a breach by the other Party of any of the provisions hereof cannot be interpreted as a waiver on its part to avail itself in the future of 'such a lack.
These general terms and conditions comply with the legislation in force as well as the new regulations on the protection of personal data.
ARTICLE 1 : DEFINITIONS
GENERAL CONDITIONS: Refers to this document.
TERMS AND CONDITIONS: Indicate the terms and conditions imposed by BIOVIE applicable to the provision of the Service, of which the CUSTOMER declares to be fully aware. Also constituting this document.
CUSTOMER: Natural or legal person who has identified and registered with the BIOVIE service. Registration is done by entering a registration form online by the CUSTOMER.
CONTENT: Indicates the message (written, audio, video) to a recipient.
CONTRACT: The present General Conditions, as well as any specific condition referred to on the registration form and all the Special Conditions established between the parties.
SENDING: Refers to the routing, by the CUSTOMER, of messages (written, audio, video) through campaigns to the recipients.
CUSTOMER AREA: PRIVATE CUSTOMER area accessible online on the PROVIDER's website containing information relating to the services provided.
E-MAILING: the production and mass sending via the Internet of electronic mails for commercial or advertising purposes.
REGISTRATION FORM: the online form through which the customer can subscribe to a new service from the PROVIDER.
OPT-IN: Personal data collection policy 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 PROVIDER's communication tools by the CUSTOMER to ensure the transmission of messages (written, audio, video) on 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.
ARTICLE 2: SUBJECT
Since 2007, BIOVIE offers services around organic and well-being mainly through its online store on which the CUSTOMER can freely place his orders.
BIOVIE is the manufacturer of Easygreen. It is also the exclusive distributor in France of certain products.
ARTICLE 3: CONDITIONS OF ACCESS / REGISTRATION
Upon signature of the present, the PROVIDER allows the CLIENT to have access to the IT platform and / or to benefit from the implementation of the Service, thanks to a strictly personal username and password chosen by the CLIENT during his registration on the PROVIDER's website.
The CUSTOMER acknowledges having read the confidentiality policy made available and updated by the PROVIDER, which can be refered to at any time on its website.
The CUSTOMER undertakes to ensure that the confidentiality of his username and password is maintained. Any intervention carried out with the CUSTOMER's username and password must be carried out by the CUSTOMER while remaining a single person responsible. The CUSTOMER thus expressly releases the PROVIDER from any liability in the event of abusive or fraudulent use by a third party of his identification information.
The Site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the user to access the service (hardware, software, Internet connection, etc.) are at his expense.
ARTICLE 4: PROVISION OF THE SERVICE / SERVICE PROVIDER'S OBLIGATIONS
The shipping costs may contain a fixed part and a variable part depending on the weight of the order and the distance to be covered.
Some items may be sent as a separate package.
ARTICLE 5. OBLIGATIONS AND RESPONSIBILITY
The CUSTOMER undertakes to provide the PROVIDER with all the information and data necessary for the performance of the service covered by this contract. More generally, the CLIENT undertakes to cooperate actively with the PROVIDER and in particular with its dedicated staff for the proper execution of this contract. The CUSTOMER must provide the PROVIDER with exact, precise and reliable information and must update it immediately throughout the duration of the Contract. This information includes in particular the full name and surname, the exact name if legal person, the postal code, the city, the country, the e-mail address of the owner, and administrative, technical and billing contacts associated with the subscribed service.
The CUSTOMER acknowledges having verified the suitability of the service to his needs and having received from the PROVIDER all the information and advice that was necessary for him to subscribe to this commitment in full knowledge of the facts.
The PROVIDER cannot be held responsible for delays or non-performance, and without fault or negligence on its part, in the event of force majeure defined in accordance with the legal provisions in force.
The liability likely to be incurred by the PROVIDER hereunder is expressly limited to the direct damage suffered by the CLIENT and does not cover any indirect damage suffered by the latter, such as in particular the loss of turnover, profit or loss, loss of customers, loss of orders, loss of luck, loss of data or even moral damage.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals, the total or partial strikes, internal or external to the company, lock-out, wars, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental, legal or technical restrictions, legal or regulatory changes in the forms of marketing, breakdowns of networks, blocking of telecommunications and distribution networks, order from ARCEP (France’s Electronic Communications, Postal and Print media distribution Regulatory Authority) imposing the total or partial suspension of GSM public radiotelephony, and more generally, any other case beyond the express will of one of the Parties which would prevent normal performance of this agreement.
ARTICLE 6: PRICE / TERMS OF PAYMENT / RENEWAL / SUBSCRIPTION / FINANCIAL CONDITIONS / DELIVERY
The actual selling prices are those applicable on the date of issue of the invoice. The prices are indicated in euros without commitment and are subject to change without notice. They are indicated on the PROVIDER's website, which the CLIENT recognizes and accepts.
For the non-professional or professional CUSTOMER in small volumes:
The PROVIDER is NOT a warehouse and does not have a physical store, the goods are stored and shipped from Vitrolles in Bouches du Rhône.
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 the carrier's SMS notifications.
The CLIENT'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-ordered and are shipped upon arrival.
In the event of a product being out of stock, an estimated restocking 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.
Restocking dates and shipping times are indicative and depend on several factors beyond the control of BIOVIE. Any exceeding of a time limit given as an indication can not give rise neither to damages nor to the cancellation of orders in progress.
The standard shipping method is DPD, signed for upon receipt, Mondial Relay, Colis Privé which deliver up to 30 kg per order. DHL and Chronopost deliver up to 70 kilos.
Orders over 70 kilos are delivered by pallet transport.
Heavy products are shipped alone, in this case the CLIENT's order is split into two, which the CLIENT recognizes 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 volumes:
A large order is considered from 350 euros HT.
The order is processed upon validation of the proforma.
The order is delivered within a timeframe which 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 timeframe, given as an indication. Any exceeding of a time limit given as an indication can not give rise neither to damages nor to the cancellation of orders in progress.
The CUSTOMER is free to choose the transport himself and takes charge of his order at the warehouse. He then becomes responsible for it upon withdrawal.
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.
An exception is made for coconut pallet orders. For the purchase of this product, the CUSTOMER reserves his pallets by ordering from BIOVIE as soon as possible before the arrival of the coconut container without validation of proforma because the CUSTOMER acknowledges having been informed of the pricing and is responsible for transport management. BIOVIE informs the CUSTOMER of the pick up date of the pallets in BIOVIE warehouse. The invoice is then sent to the CUSTOMER on the day of collection with a period of 30 days to make the payment.
The transfer of ownership of the delivered goods will be made upon full payment of the sale price by the CUSTOMER as provided for by the regulations in force; BIOVIE reserves the right to take back goods not paid for on the due date.
In the event 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 Law).
In addition to late payment compensation, 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 al 12 of the Commercial Law).
ARTICLE 7: PRIVACY
ARTICLE 8: INTELLECTUAL PROPERTY
The brands (in particular BIOVIE), logos, graphics, photographs, animations, videos and texts contained on the website 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 authorization of BIOVIE or its partners, under penalty of legal proceedings. The use of these intellectual property elements by the Customer is strictly reserved for private and personal use within the framework and for the duration of the BIOVIE membership. Any other use by the Member is prohibited without the authorization of BIOVIE. The Customer shall in particular refrain from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and / or distributing and / or using in any way the pages of the website, or the computer codes of the elements composing the Services and the website biovie.fr.
ARTICLE 9: RETURN
The CUSTOMER is personally responsible for the control and use of our goods and these ones are not specified for a specific use. BIOVIE cannot be held responsible for any misuse of the sold products.
If a package arrives damaged, at the CUSTOMER, he undertakes to accept and keep it and to write to the PROVIDER's customer service within a maximum period of 5 working days by sending photos in order to benefit from the appropriate compensation for the amicable. Likewise, if an order arrives incomplete or if a product arrives defective, the CUSTOMER undertakes to report it to the PROVIDER's customer service within a maximum of 5 working days in order to benefit from the appropriate amicable compensation.
Our products benefit from the legal guarantee of conformity (articles L.217-7 to L.217-14 of the Consumption Code) and the guarantee against hidden defects (provided for by articles 1641 and following of the Civil Code). In the event of non-compliance of a sold product, it may be returned, exchanged or refunded. All complaints must be made by email to the after-sales service within 5 working days of discovery of the defect.
Any return will only be made after having contacted BIOVIE and having agreed on the procedure to follow and the settlement of possible refunds or compensation. The CUSTOMER agrees to contact the after-sales service by email before returning a product.
Each disputed case will be managed on a case-by-case basis depending on the type of damage observed and the type of merchandise concerned. What the CUSTOMER recognizes and accepts.
In the event of breach of contract by BIOVIE, the amount of damages will be limited to the amount of the order.
The CUSTOMER also has the possibility, in accordance with article L 121-16 of the Consumption Code, to return his parcel (excluding fresh products) in perfect condition, in its original packaging, at his expense and risk within a period of fourteen working days, from its delivery, for exchange or refund without having to justify reasons or pay a penalty, shipping costs deducted if the CUSTOMER had shipping costs.
Again, please contact the after-sales service before returning your product.
ARTICLE 10: CHANGES TO THE TERMS AND CONDITIONS
The PROVIDER may modify the Terms and Conditions at any time. The CUSTOMER will be informed of the nature of these modifications as soon as they are posted online. For the CUSTOMER registered after the modifications are put online, they will be immediately applicable because he will have expressly accepted them by becoming CUSTOMER.
ARTICLE 11: MISCELLANEOUS PROVISIONS
If any of the stipulations of the contract is null with regard to a rule of law in force, it will be written and 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.
ARTICLE 12: SETTLEMENT OF DISPUTES
The General Conditions are governed 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 be translated in the event of a dispute.
The CUSTOMER is informed that he can in any case evoke any alternative mode of dispute settlement (conciliation, by) in the event of a dispute. Disputes which may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of these General Conditions, in particular, be subject to a conciliation procedure between the Holidays.
In the absence of a solution through an alternative dispute resolution method, any dispute relating to the existence, validity, interpretation, execution and fulfillment of these General Conditions (or any one of these clauses) will be the exclusive jurisdiction of the competent courts of Nîmes.
ARTICLE 13: CONTACT
Any question concerning the terms and conditions of BIOVIE can be addressed to a letter to the address:
60 chemin des comminques,
Terms and Conditions created on 02/01/2021.