The parties are legally bound by these terms and conditions: our customers are deemed to have accepted them as such.
1 – Orders
All orders are considered binding, and are subject to the express acceptance of our administrative office, which may suspend or cancel an order with no possibility of recourse in the event of impossibility of performance.
Minimum order amount: 18 games.
Free postage: orders of 200 euros and over, excl. tax.
2 – Deliveries
In no instance shall a delayed delivery (regardless of circumstances) or partial delivery of an order for any reason whatsoever constitute grounds for damages of any kind. Returned goods shall be accepted only in the case of manufacturing defects duly noted by the technical department at Bioviva Editions sarl.
3 – Risks
The goods sold are deemed to be of sound, merchantable quality. The risks related to them are transferred to the buyer as soon as they are handed over to the first carrier. Our goods always travel at the recipient’s own risk, even when sent postage paid and duty-free. It is the customer’s responsibility to express all necessary reservations and take all possible action against the carriers in the event of delayed delivery and damaged or missing items. Any complaint relating to the goods must, in order to be declared admissible by Bioviva Editions sarl, be submitted within a maximum of 15 days following the date of delivery, that period constituting the “brief period” stipulated in Article 1648 of the French Civil Code.
Our company is unable to accept any complaints made if no reservations were expressed upon handing the goods back to the first carrier.
4 – Invoicing
Our advertised rates do not constitute a binding offer and may be changed at any time without notice. Invoices are always based on the rate applicable on the day of postage, and are issued upon delivery to the customer.
5 – Payment
Unless otherwise stated, all our invoices are payable to our administrative office at the time of ordering. In case of non-payment of our invoices on the agreed dates, unless a deferral has been granted by the Company, interest on the sums due shall be charged at the monthly rate of 3% per day of delay, with no need to give formal notice since the arrival of the due date shall be deemed to serve the purpose of a formal notice. In addition, the full outstanding amount, including any instalments that are not yet overdue, shall then become payable immediately. Moreover, as a penalty clause, a lump sum equal to 15% of all invoices that have not been paid according to their normal schedule shall also be due. For all new customers, and in the case of payment incidents of the kind mentioned above, we reserve the right to demand a cash payment at the time of ordering. No discounts are given for early payment.
6 – Disputes
In the event of a dispute and subsequent failure to reach an amicable agreement, any litigation is the sole jurisdiction of the Commercial Court of Montpellier, even in cases of third-party appeals or multiple respondents. For transactions performed abroad, French law is the only applicable law.
7 – Retention of title clause
The goods shall remain the property of Bioviva Editions sarl until full payment of the relevant invoice (Law 80.335 of 12 May 1980). Transfer of the risks (theft, fire, civil liability, water damage, etc.) related to the goods delivered takes place upon the date of delivery thereof. Notwithstanding this provision, the risk of loss and deterioration of the goods sold, and any damages for which these may provide grounds, shall be transferred to the distributor upon delivery.
8 – Right to use the brand
The Bioviva name and the Bioviva logo are registered trademarks. Bioviva products, their introductory texts, their wording and the image Bioviva of products in general are the property of Bioviva Editions sarl. Representation of Bioviva products is therefore subject to the express prior permission of Bioviva Editions.
9 – Bioviva Editions sarl reserves the right to organise promotional campaigns aimed exclusively at customers dealing with it directly. In each case, the selection criteria shall be determined by Bioviva Editions sarl.