GENERAL CONDITIONS OF SALE TO PRIVATE INDIVIDUALS
Last updated on September 1st, 2018.
Article 1. SUBJECT
These general terms and conditions of sale (the GTC"") govern all transactions carried out through the online shop accessible at www.bioviva.com (the ""Site"") between BIOVIVA EDITIONS, a limited liability company with a capital of 76,224.50 €, whose registered office is 10, Rue de la Vieille, 34 000 MONTPELLIER, Company Registration Number: 409 686 888 00044 (""BIOVIVA"") and any natural person, consumer, who may place orders on the Site (the ""Customer""). All products offered for sale on the Site (the ""Product(s)"") are intended for the Customer's personal use. The T&Cs prevail over any other conditions contained in any document. Any order by the Customer implies the Customer's full and unreserved acceptance of the GTCs, the Customer thus acknowledging that he or she is fully aware of them.
The Customer declares that:
- the purchase of Products on the Site is not directly related to a professional activity and is limited to strictly personal, non-commercial or profit-making, collective or associative use;
- be of full legal age and have full legal capacity to enter into commitments under the GTC.
BIOVIVA reserves the right to modify the GTC at any time. Nevertheless, only the General Terms and Conditions accepted by the Customer at the time of conclusion of the Order shall apply to an Order.
Article 2. BIOVIVA CUSTOMER SERVICE
The Customer can obtain information relating to orders already placed or in progress, by connecting to the tab ""Your account"" accessible from each page of the site. For any information or question relating to online sales and the Site, a customer service is available to the Customer at + 33 4 67 54 19 42, Monday to Friday except public holidays or holidays, from 9am to 1pm and from 2pm to 5pm or by e-mail email@example.com or by post at 10, Rue de la Vieille, 34 000 MONTPELLIER. In the case of a request relating to an order, the Customer must specify the order references."
Article 3. RESPONSIBILITY
The Products comply with current French legislation. BIOVIVA cannot be held liable in the event of non-compliance with the legislation of the country where the Product(s) is (are) delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Product(s) he intends to order. In addition, the photographs reproduced on the Site illustrating the Product(s) are provided for information purposes only.
The Site is accessible 7 days a week and 24 hours a day, subject to its closure for maintenance, in the event of force majeure as defined by the case law of the French courts or any event beyond BIOVIVA's control. In addition, the Customer declares and guarantees that he is fully aware of the characteristics and constraints of the Internet, and in particular that data and information transmissions on the Internet benefit only from relative technical reliability, as they circulate on heterogeneous networks with various characteristics and technical capacities, which disturb access to the Site or make it impossible at certain times.
Consequently, BIOVIVA cannot be held responsible for (i) any unavailability of the Site or the impossibility of validating an order, any difficulty in connecting or interrupting the connection during the Customer's visit to the Site or when placing an order for any reason whatsoever or (ii) any damage resulting from non-compliance with the rules for the use of the Products."
Article 4. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN VICES
All products supplied by BIOVIA benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (C. Consumption, L. 211-4 to L. 211-14) or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
BIOVIVA is liable for defects in the conformity of the goods covered by the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code (former Consumer Code, Article L. 211-4 et seq.) and for hidden defects in the goods sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Article 5. DATA PROTECTION AND CONFIDENTIALITY POLICY
5.1. Collection of Personal Data collected from Users
BIOVIVA collects personal data relating to the Customer, the User consulting the Site, or the recipient of an Order.
This data collection is carried out in particular:
• when the User or Client navigates on the Site,
• when the User or Client subscribes to the newsletter,
• when the User or Client creates an account, ,
• when the Customer places an Order on the Site,
• when the User or Customer contacts Customer Service,
• when the User or Customer contacts the After-Sales Service
5.2. Person responsible for the processing of personal data
BIOVIVA EDITIONS, a limited liability company with a capital of €76,224.50, whose registered office is at 10, Rue de la Vieille 34 000 MONTPELLIER company Registration Number 409 686 888 00044.
5.3 Purposes of the data processing and storage period
The data collected are necessary for:
• Improve the User's navigation on the site,
• Manage catalogue requests,
• Propose personalized offers based on the information entered by the Client or the purchases made by the latter,
• Manage subscriptions to the newsletter and various electronic or postal communications sent by BIOVIVA,
• Manage the relationship between the customer and Customer Service,
• Manage after-sales service requests,
• Manage customer reviews on products,.
• Locate the nearest stores distributing BIOVIVA products.
If the Customer no longer wishes to receive communications from BIOVIVA, they may inform BIOVIVA at any time by e-mail to firstname.lastname@example.org or via the unsubscribe link contained in the newsletters sent to the Customer by BIOVIVA.
In accordance with the law, the storage period for personal data is limited to 3 years from the last interaction between the User or Client and the site (for example: opening a newsletter, connecting to the Client area on the site or placing an order on the site).
5.4. Data recipients
The data collected are intended for the exclusive use of BIOVIVA.
BIOVIVA is responsible for their processing.
They may be transmitted to companies and subcontractors used by BIOVIVA, for example, in the context of:
• the execution and delivery of orders,
• Customer Service management.
• the sending of newsletters and electronic or postal communications.
5.5. Rights of access, rectification, deletion, portability or opposition to data processing
In accordance with the "Informatique & Libertés" law of 6 January 1978 amended on 22 June 2018, the User has the right to access, rectify, modify, carry and delete data concerning him/her by writing to
BIOVIVA, 10, Rue de la Vieille 34 000 Montpellier or by using the contact form on the Site or by email at email@example.com
Some information may be collected such as the version of the Client's or User's browser (Chrome, Firefox, Safari, Opera, Internet Explorer, etc.), the type of operating system used (Linux, Windows 98, Mac Os, etc.) and the IP address (Internet Protocol) of the computer used.
The Customer or User has the possibility to consent to or oppose the recording of these cookies by modifying the options of his Internet browser software.
In order to manage cookies, Users can set their browsers to take into account the purpose of cookies.
These settings are described in the help menu of their browsers :
- For Chrome™ : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
- For Internet Explorer™ : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari™ : http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
- For Firefox™ : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
- For Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html
Cookies issued by BIOVIVA on its website allow it to:
- to establish statistics and volumes of visits and use of the various elements composing its site (sections and contents visited, navigation routes, etc.) in order to improve the interest and ergonomics of its services;
- adapt the presentation of its Site to the display preferences of the User's terminal (language used, display resolution, operating system used, etc.) during visits to the Site;
- to store information relating to a form completed on the site (registration, access to your account, etc.) or to products chosen by Users on its site (subscribed service, content of an order basket, etc.);
- to allow the Client to access reserved and personal areas of the site, such as his account, thanks to identifiers or data that may have been previously entrusted to BIOVIVA;
- to implement security measures, in particular to reconnect to a service after a certain period of time.
When a User browses the Site, cookies from third parties may be placed on the User's device, unless the User has objected by configuring the settings of his browser software under the conditions described in the paragraph above.
In accordance with the law, the storage period for cookies is 13 months.
Article 6. INTELLECTUAL PROPERTY OF THE CONTENTS OF THE SITE
Access to the Site does not give Users and Customers of the Site any prerogative over the elements of the Site protected by intellectual property rights, in particular, without this list being exhaustive, information, data, photographs, trademarks, images, drawings, graphics, animations, texts (hereinafter the "Elements").
The Elements remain the exclusive property of BIOVIVA. Consequently, no use of the Elements outside the Service may be made by Users, except with the prior written consent of BIOVIVA or the respective owners, and in particular the copying, reproduction, representation, modification, translation, creation of derivative products, distribution or any other exploitation not in accordance with the purpose of the Service.
Article 7. NEWSLETTER
By ticking the box provided for this purpose or by expressly giving their consent for this purpose, the Customer accepts that the Company may send them at a frequency and in a form determined by the Customer a newsletter (information letter) that may contain information relating to their activity. The Customer can manage his communication preferences (frequencies and newsletter types) by going directly to their account under the heading "My account".
When the Customer ticks the box provided for this purpose in the registration process on the Site to place the order, they accept to receive commercial offers from the Company for products similar to those ordered. The Subscribing Customer will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each of the newsletters (newsletters).
Article 8. PARTIAL INVALIDITY
If one or more provisions of the GTC are declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall remain in full effect and scope.
Article 9. NON-WAIVER
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation in question.
Article 10. APPLICABLE LAW
Sales of Products are subject to French law notwithstanding any foreign public policy rules that the Customer may validly invoke.
The Site, the GTCs and Orders placed via the Site and their execution are governed exclusively by French law. Any dispute relating to the interpretation or execution of the General Terms and Conditions or an Order shall be judged in accordance with French law and shall fall within the jurisdiction of the court of the Customer's place of residence or, at the Customer's choice, the place of actual delivery of the Product
Article 11. MEDIATION OF CONSUMER DISPUTES
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the Customer has the right to use the mediation service offered by BIOVIVA free of charge.
The mediator thus proposed is CM2C.
This mediation mechanism can be contacted:
- online: https://cm2c.net/
- or by post: Centre de la Médiation de la Consommation de Conciliateurs de Justice - 14 rue saint Jean 75017 Paris.
The European Commission has made its platform for the out-of-court settlement of online disputes between consumers and professionals (known as the "RLL platform") available online via this link:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Article 12. LEGAL NOTICES
The "www.bioviva.com" website (hereinafter the "Site") is published by BIOVIVA EDITIONS, a limited liability company with a capital of 76,224.50 €, whose registered office is at 10, Rue de la Vieille 34 000 MONTPELLIER (Company Registration number: 409 686 888 00044).
The Site's publication director is Mr Jean-Thierry WINSTEL, manager.
To contact us:
- Site : Formulaire de contact Online contact form available at www.bioviva.com
- E-mail : firstname.lastname@example.org
- Telephone: +33 (0)4 67 54 54 19 42 (cost of a local call, number accessible from mainland France). Our advisers are at your disposal from Monday to Friday from 9am to 1pm and from 2pm to 5pm.
The Site is hosted by : Greenshift
Creation and realization of the e-commerce site : Sherfi
Photo credits : © Richard Sprang, © Bioviva Editions, © Biosphoto, © Disneynature et © Shutterstock
Video credits : © MIF360, © Bioviva Editions
Site content : © Bioviva Editions
APPENDIX - WITHDRAWAL FORM
Annex to Article R. 211-1
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of ___________________
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below :
Ordered on (*)/received on (*):
Name of the consumer(s) : ___________________
Address of the consumer(s) : ___________________
Signature of the consumer(s) (only if this form is notified on paper) : ___________________
(*) Delete as appropriate.