The company BIO'M SAS with a share capital of €145,089, registered with the RCS of Compiègne under the number: 819 184 763, Intra-community VAT number: FR34819184763, (hereinafter "the Seller") makes products available to its Customers via its website www.biom.paris. It is specified beforehand that these General Conditions of Sale (hereinafter the “GTC”) exclusively govern the sale of Products on the Site www.biom.paris.
Contact details
Headquarters: 9, rue des Hostages, 60500 Chantilly, France
Telephone number: 0651738886
Email: hello@biom.paris sandra@biom.paris
The Internet user visiting the site and who is potentially interested in the Products and Services offered, is invited to read these T&Cs carefully. He is invited to print them and/or save them on a durable medium, before placing an order on the site.
The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
Application of the T&Cs
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the site. The GCS applicable to the Customer are those in force on the day of his order on the site .
This site offers the online sale of the following products:
Accessories for the bathroom, WC, garden.
Access to the site is free and free for any Customer. The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he is deemed to have the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the proof value of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 1 - Price and terms of payment
1.1 - Pricing
The prices of the Products and/or Services are indicated in euros, all taxes included (VAT + other taxes and in particular tax on videograms, eco-contribution, etc.) including participation in processing and shipping costs.
The Seller reserves the right to modify its prices at any time and to pass on, if applicable, any change in the rate of VAT in force on the price of the Products or Services offered on the site. However, the products will be invoiced on the basis of the rates in force at the time of the order validation. The prices displayed include participation in processing and shipping costs.
In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Customer and are his full responsibility, both in terms of declarations and payments to the competent authorities and/or bodies of his country. The Customer is advised to inquire about these aspects with his local authorities.
The Seller is not intended to sell to professionals via its www.biom.paris site, the products and services sold by the Seller via the www.biom.paris site are reserved for individuals.
Article 2 - Orders
2.1 - Order process
The Customer can place an order on:
Internet: www.biom.paris
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest when the order is validated.
It is not necessary to create a customer account to place an order.
In order to be able to place an order, the Customer is invited to communicate, for each order, and undertakes to provide his contact details, in particular his e-mail address, deemed sincere and accurate.
In the event of an error in the contact details noted after placing the order, the Customer is invited to contact the Seller immediately.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
2.2 - Terms of payment
The Customer can place an order on this site and can pay by:
- Bank card
- Paypal (via a Paypal account or a credit card)
No data relating to the means of payment of the Customer is collected by the site. Payment is made directly to the bank or payment provider receiving payment from the Client.
Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
2.3 - Payment deadlines
The price is payable in cash, in full on the day of the order.
Article 3 - Validation of the order
The Customer declares to have read and accepted these General Conditions of Sale before placing the order. The validation of this one is thus worth acceptance of these General conditions of sale.
Article 4 - Availability
The availability of the Products is indicated on the site, in the description of each Product. In the event of unavailability of a product after placing the order, the Customer will be informed. The order will be automatically canceled and no bank debit will be made.
Article 5 - Delivery
5.1 - General
The products are delivered to the delivery address that the Customer will indicate during the ordering process, except for delivery restrictions indicated on the order validation page by the customer.
The site delivers only in metropolitan France, Germany, the Netherlands, Belgium and Luxembourg. For other countries, you can consult us.
Unless otherwise stated on the site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
5.2 - Delivery times
The delivery time corresponds to the shipping time indicated on the item sheet, to which is added the processing and delivery time by the carrier.
In the event of delivery by a carrier requiring an appointment with the Customer, the latter will contact the Customer as soon as possible to agree on a delivery appointment, 30 days at the latest from the date of your order validation. The Seller cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals by the carrier.
In the event of orders for several products at the same time and whose delivery times differ, the delivery time of the order is based on the most distant deadline. However, the Seller reserves the right to split shipments. Participation in processing and shipping costs will only be charged for a single shipment.
In the event of payment by credit or private card and split deliveries, only the products shipped are debited.
The customer is reminded that when he (or a third party designated by him) takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.
Article 6 - Errors and delays in delivery
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered or partially offered when the order was placed.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
In case of late shipment, an email will be sent to the Customer to inform him of any consequences on the delivery time that has been indicated. In case of late delivery, a new delivery time will be proposed.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of date or deadline indication when ordering, more than thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the initiative of the Consumer Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be in writing on his part, sent by registered letter with acknowledgment of receipt if after having ordered the Seller to make the delivery, he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 7 - Reception
In the event of reservations about the product delivered (for example: damaged package, already opened, etc.), the Customer must immediately notify the carrier and the Seller. The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.
Article 8 - Transfer of ownership - Transfer of risks
Acceptance of the purchase order by the Seller automatically entails the transfer of ownership of the Products ordered.
The acceptance of the purchase order by the Seller automatically entails the transfer of risks on the Products ordered.
Article 9 - Right of withdrawal
9.1 - Legal deadline for the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from the placing of the order to exercise his right of withdrawal without having to justify reasons or pay a penalty.
9.2 - Terms of withdrawal
In the event of exercise of the right of withdrawal within the period referred to above, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Customer may be engaged. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can find attached in Appendix 2 the standard form of withdrawal to be sent to the Seller at the following address: BIO'M - 9, Rue des Otages - 60500 - Chantilly - France. Once the form or the declaration of withdrawal has been sent to the Seller at the latest within 14 days of receipt of his order, the Customer must return the product(s) concerned to the Seller within a reasonable time and, at the latest, within 14 days from the sending of the form or the declaration of withdrawal to the Seller.
The request must mention the order concerned by this withdrawal. If the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
The Customer may exercise his right of withdrawal by:
- Single letter
In the event of exercise of the right of withdrawal, the Seller will reimburse the sums paid at the latest within 14 days from the date on which it will have been informed of the Customer's decision to withdraw and using the same means of payment as that used for the order (unless expressly agreed by the Customer for a reimbursement using another means of payment).
This refund date may be deferred until receipt of the product or until the Customer has provided proof of shipment of the product. The Seller is not required to reimburse the additional costs in the event of the choice of a more expensive delivery method than the standard delivery method offered on the site.
Article 10 - Warranties
10.1 - Product conformity
In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the box below and the texts of which are specified in Appendix 1 of these conditions), the Seller refunds or exchanges the products which are apparently defective or which do not correspond to the Customer's order. The Customer must then contact the Seller as soon as possible.
The products must be returned in the state in which the Customer received them with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the property to act vis-à-vis its seller;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this article.
Article 11 - Liability
The Seller's liability can only be engaged in the event of gross, intentional or fraudulent negligence. In all other cases, the Seller's liability can never be sought or engaged by the Customers.
The products offered comply with the French legislation in force. The responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products or services that he plans to order.
In the event of professional purchases, the Seller will not incur any liability for any consequential damages as a result of these conditions, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the products. The total or partial inability to use the products, in particular due to incompatibility of equipment, cannot give rise to any compensation or reimbursement or questioning of the Seller's liability.
The products sold by the Seller have performances compatible with professional use even if it is not intended to be sold to professionals. Consequently, the company cannot be held liable for any prejudice whatsoever resulting from a professional activity. Similarly, the Seller cannot under any circumstances be held liable for damages resulting from improper use of the Products by the Customer.
Article 12 - Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Seller's site are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any reproduction or total or partial representation of the site or of all or part of the elements found on the site is strictly prohibited.
The corporate names, trademarks (Biom Paris) and distinctive signs reproduced on the site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark holder.
Article 13 - Applicable law - Disputes - Processing of complaints - Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Processing of complaints : For any complaint, you can contact customer service using the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction: In the event of difficulty arising during the ordering or delivery of items sold on the site, the Customer will first contact the Seller to seek an amicable solution. The Customer has the option of using a conventional mediation procedure or any other alternative method of dispute resolution.
In the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
- The Customer can seize either the court of the place where he is domiciled, or the French courts,
- The Seller may seize the court of the place where the Customer is domiciled.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution in the event of a dispute. In this case, the designated mediator is
Medicines
73 boulevard de Clichy, 75009 Paris
01 49 70 15 93
contact@medicys.fr
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Article 14 - Personal data
The personal information and personal data concerning the Customer are necessary for the management of his order and for commercial relations. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow the Seller to improve and personalize the services offered and the information provided.
The processing of information communicated through the site has been declared to the CNIL n°2105159 .
In accordance with the data-processing law and freedoms of January 6, 1978, the Customer has a right of access and rectification and opposition to the personal data concerning him. All he has to do is write online to Customer Service or by post to BIO'M - 9, rue des Otages - 60500 - Chantilly - France, indicating surname, first name, e-mail and address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the answer must be sent. A response will then be sent to him within 2 months of receipt of the request.
The site uses cookies. The purpose of the cookie is to signal the passage of the Customer on the site.
Annex 1
Article L. 217-4 Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property is in accordance with the contract:
- if it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
- Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them.
Article 1648 paragraph 1 Civil Code. The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2 - Withdrawal form
In case of withdrawal of your order placed on the Seller's site, please complete and return this form - except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of BIO'M - 9, rue des Otages - 60500 - Chantilly - France
I hereby notify you of my withdrawal from the contract relating to the product .............................................. below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of the consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only in case of notification of this form on paper):
Date : ………………………………………………………………..
(*) Strike out the useless mention