The BIOCYTE store (hereafter, the “Site”) is an e-business website accessible on the Internet at the following address www.biocyte.com. It is open to all users of this network (hereafter, the “User”). It is published by the following company: IPV BIOCYTE, limited liability company capitalized at €267,045 whose headquarters are located at 1555, avenue de la plaine – 06250 Mougins – FRANCE, and it is listed at the Antibes Trade and Commerce register (Registre du Commerce et des Sociétés d’Antibes) under the number 423 688 985.
The Site enables BIOCYTE to sell dietary supplements, cosmetics (hereafter “the Products”) to internet users browsing the Site (hereafter, the “Users”). For the purpose hereof, it is accepted that the User and BIOCYTE are collectively referred to as the “Contracting Parties” and are individually referred to as the “Contracting Party”, and that the User who has completed a sale will be referred to as the “Buyer”. The rights and obligations of the User are necessarily applicable to the Buyer.
It is specified that the Products are for the User’s personal use, with no direct link to the User’s professional activity. Thus, the User’s attention is specifically directed to the fact that the total amount of his/her order should not exceed €1,000.
Every User wishing to make a purchase on the Site declares he/she has full legal capacity.
Any order for a Product offered for sale on the Site assumes that the User has read and expressly accepted these Standard Terms & Conditions of Business without however such acceptance being subject to the User’s handwritten signature. In compliance with the statutory requirements of the Code governing French civil law (Articles 1316 to 1316-4 of the Civil Law Code), and completed by the decree n° 2001-272 of 30 March 2001 (regulating article 1316-4 of the French Civil Law Code) and relating to the electronic signature, the Parties are reminded that validating the order form, as specified in article 3.3. hereafter, is an electronic signature which has, between the Parties, the same value as a handwritten signature.
Article 1. Object
These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising exclusively from online sales of Products from the Site, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the Site.
The present document applies to the exclusion of all other documents.
Article 2. Products – Prices
The Products offered for sale by BIOCYTE are those listed on the Site, at the time the Site is consulted by the User, and within the limits of available stocks. The photographs illustrating the products do not enter the contractual field.
Product prices are quoted in Euros. They take into account the VAT applicable on the date of the order. BIOCYTE reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the Products.
Article 3. Registration and confirmation of orders
3.1. Browsing in the Site
The User can browse freely through the Site’s various pages, without any obligation to make any purchase.
3.2. Placing an order
If the User wishes to process an order, he/she will choose different Products, and will demonstrate that he/she intends to buy by clicking on the link “add to basket”.
At any time the User may:
- obtain a summary of the Products selected or alter his/her order by clicking on “my basket” accessible in the top right-hand corner of each page in the “our products” section,
- end the Product selection, and order by clicking on “my basket”.
The customer can order the selected items by clicking on “see order and validate payment”. A recap of the order will appear on the screen. If this list corresponds to the selected items, the buyer will validate the summary by clicking on “confirm order”. The User will then be asked to identify him- or herself either by logging on with his/her e-mail address and password if already a BIOCYTE on-line customer, or by completing in full the form available on-line, including mandatory information for identification, such as name, first name, and address.
The User is informed and accepts that the entry of any login name will prove his/her identity and demonstrates his/her approval.
3.3. Final confirmation of the order
Once the state of the User’s order has been established and all the details requested have been completed, the User will choose the desired method of payment for the goods. The User will click on “Confirm” to pay for the order and will automatically be re-directed to the secure payment server of the HSBC Bank. The Purchaser can pay his/her order by bank card (Visa or credit card). It is noted that the HSBC bank server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible, and in no event, will the User’s bank details pass through the BIOCYTE IT system.
Once payment has been confirmed, the User returns to the Site. The order is placed and becomes irrevocable. The User then becomes a Purchaser. The order forms are then recorded in the BIOCYTE IT system, and saved on a reliable and sustainable support, and will thereafter be considered proof of the contract binding both Parties.
3.4. Confirmation of the order
As soon as he/she has confirmed his/her payment, a summary of the order is sent to the Buyer by email, at the email address he/she indicated at the time of his/her registration.
Article 4. Delivery
The order will be executed at the latest, within thirty (30) days from the day following validation of the order by the Purchaser.
4.1. Terms of delivery
BIOCYTE declines all liability for delivery delay due to the transporter, and due to the loss of the ordered Products, or post-office strike. In case of delivery delay, the Purchaser will have to notify BIOCYTE’s consumer service as soon as possible, by email, to: firstname.lastname@example.org or by telephone at the following number: 0800 808 909.
On reception of the order, the Purchaser should check the conformity of the Products. The Purchaser must notify BIOCYTE of all order irregularities upon delivery (Broken or missing Product, damaged parcel…), on the form given by the transporter at the time of delivery of the parcel; the BIOCYTE consumer service must also be informed on the same day, or at the latest on the next working day following reception of the product, by email, to: email@example.com or by telephone at the following number: 0800 808 909. No claim made after this period will be accepted and BIOCYTE shall not be held liable in respect thereof.
Article 5. Right of withdrawal
The Purchaser has a fourteen (14) day cooling off period to return Products ordered, at his/her own expense, should they fail to give satisfaction. This period is effective from the time of delivery to the purchaser. Products are to be returned in their original containers and packaging, and accompanied by the detachable slip from the bottom of the invoice or delivery note, to the following address: Biocyte Laboratory – 1555, avenue de la plaine – 06250 Mougins – FRANCE.
If the aforesaid conditions are met, BIOCYTE will pay the Purchaser back within thirty (30) days, the amounts corresponding to the products he/she acquired.
Article 6. French data protection act
The gathering of personal information for online sales is compulsory, and the information is necessary for the delivery of orders and for the writing of invoices. This information is, however, strictly confidential. Any missing information will entail the automatic refusal of the order.
In accordance with the law relating to computers and freedom, the processing of personally identifiable information gathered from the Site is subject to formal declaration registered with the National commission for information technology and civil liberties. Users are entitled to access, change, correct and delete their personal information. To exercise this right, the User must address an ordinary letter to Biocyte Laboratory’s consumer service at the following address: Biocyte – 1555, avenue de la plaine – 06250 Mougins – FRANCE or an e-mail to firstname.lastname@example.org.
Article 7. Supplementary provisions
7.1. Force majeure
No Party will be held liable for the partial or total non-execution of its obligations following these terms and conditions if the non-execution is caused by a case of force majeure.
Are considered cases of force majeure the events that meet the criteria fixed by the jurisprudence of the French High Court of Appeal (2ème chambre civile de la Cour de Cassation).
The Party claiming an event of force majeure shall notify the other Party within five working days following the occurrence or risk of such an event.
The Parties agree that they shall liaise as soon as possible in order to define together the details of the execution of the order during the time of the force majeure event.
7.2. Partial non-validity
If one or more provision of these Terms is held to be invalidated or declared such under any law or regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
7.3. Integrality of the contract
These Standard Terms & Conditions of Business and the summary of the order transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties.
In case of discrepancy between those documents, the terms and conditions shall prevail.
7.4. Applicable law – Competent jurisdictions
The sales of the BIOCYTE company products are submitted to French law whatever the Purchaser’s country of residence, or the place in which the Order was placed. ALL DISPUTE LINKED TO THE EXISTENCE, THE INTERPRETATION OR THE INTERRUPTION OF THE CONTRACT BIDING THE TWO PARTIES (BIOCYTE AND THE PURCHASER), EVEN IN THE CASE OF MULTIPLE DEFENDENTS, SHALL, FAILING AGREEMENT, BE WITHIN EXCLUSIVE JURISDICTION OF COMPETENT FRENCH COURTS IN AGREEMENT WITH THE FRENCH CIVIL PROCEDURE CODE (CODE DE PROCEDURE CIVILE FRANÇAIS).