The purpose of the present general terms of sale is to define, throughout the world, exclusively because of the relations that they establish on the Internet network and solely on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. The Purchaser hereby declares that it has read and understood these terms and conditions and that any order placed by the Purchaser for one or more products shall imply its unreserved acceptance of and prior, full and complete adherence to these general terms and conditions of sale and warranties, which shall prevail over any other document, except where special conditions have been expressly agreed to in writing by LABORATOIRES BIORNIZ.
The validation of the Order by the Customer implies full and unreserved acceptance of the General Terms and Conditions of Sale.
2. Accessibility of the site
The Internet site is an e-commerce site owned and managed by LABORATOIRES BIORNIZ. The website is open to all users of the Internet network and is in principle accessible 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by the company or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below).
BIORNIZ LABORATORIES does not warrant that the Site will be free of defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely determine at his own discretion any period of unavailability of the Site or its content.
The company shall not be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site. The company reserves the right to change the website for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of the services, the Customer may be informed of the modifications made, but his acceptance is not requested.
Moreover, the website is developed in such a way as to provide its users with the greatest possible ease, whatever the medium used for its consultation, and with the aim of meeting the accessibility requirements of visually impaired Internet users or those with an Internet consultation disability. However, despite its efforts, the company cannot be held responsible for possible accessibility defects of its website.
The Products offered for sale by LABORATOIRES BIORNIZ are those described on the Site at the time of the Customer’s visit to the Site, subject to availability.
LABORATOIRES BIORNIZ attaches great importance to the presentation and description of the products available for sale on the website “www.biorniz.fr”. Nevertheless, errors and/or inaccuracies may appear on the Site, which the Customer acknowledges and accepts.
The Products sold on the Website comply with the regulations in force in France. LABORATOIRES BIORNIZ shall not be held liable in the event of failure to comply with the legislation of the country to which the Products are delivered.
The Customer can place an order on the website ” www.biorniz.fr “. After adding one or more products to the shopping cart, the Customer is invited to continue the purchase process by indicating his or her contact information, choosing his or her delivery method and proceeding with payment. The validation of the order implies the adhesion without restriction nor reserve to the present general conditions of sale. Any order implies acceptance of the prices and description of the Products available for sale.
It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately. Any order placed on the Web Site shall constitute the formation of a contract concluded remotely between the Customer and LABORATOIRES BIORNIZ.
LABORATOIRES BIORNIZ’s Product offers are valid while stocks last.
In the event that a Product ordered is unavailable and/or out of stock, the Customer is informed of this and is also informed of the availability time of the out-of-stock Product by e-mail. LABORATOIRES BIORNIZ shall in no event be held liable for the unavailability of a Product. In this regard, the Customer may request, at his or her option, a refund of the unavailable or out-of-stock Product, or a credit note in the amount of the price of the unavailable or out-of-stock Product to be used for a subsequent order.
LABORATOIRES BIORNIZ also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The prices appearing on the Site are indicated in Euros, all taxes included (TTC) and may be subject to change at any time. These prices do not include any customs duties or other taxes, which must be paid by the Customer directly to the carrier.
The Products ordered are invoiced at the prices in effect at the time the Order is registered and take into account any discounts and promotional operations.
Por professional customers, a period of 30 days from the validation of the order is granted for the payment of the said order.
6. Terms of payment
For individual customers, it is an order with payment obligation, which means that the placing of the order implies a payment by the Customer.
To pay for their order, Customers may, at their convenience, choose from all the payment methods offered by LABORATOIRES BIORNIZ and listed on the Web Site, namely
- by credit card, via our secure payment partner PayPlug (Banque Populaire group) or Oney for payment in 3 times without charge (from 100 € of purchase). The Customer is then redirected to an external page where he is invited to enter his bank details. Please note that the credit card is usually debited when the order is shipped. The payment in 3 times without expenses by bank card allows you to pay the order carried out on our commercial site in the following way:
– a mandatory contribution, debited on the day of the confirmation of the shipment of your order;
– two monthly payments, each corresponding to one third of the order, taken at 30 and 60 days after for the 3 times.
Please find the complete General Terms and Conditions of Sale of Oney for the payment in 3 times without fees by clicking on the following link: https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf
- by bank check, payable in euros to LABORATOIRES BIORNIZ and sent to the address below:
5, allée Jules Verne,
Z.A. de l’Ourzais
53800 Renazé, France
Any check whose amount would not correspond to the amount of the order would block the sending of this last until reception of the balance. Furthermore, LABORATOIRES BIORNIZ has implemented an order verification procedure designed to ensure that no one uses another person’s bank details without their knowledge. As part of this verification process, the Customer may be asked to send a copy of an identity document by e-mail to LABORATOIRES BIORNIZ. The order will only be validated after LABORATOIRES BIORNIZ has received and checked the documents sent;
- by bank transfer ;
- by Paypal.
Regardless of the method of payment chosen, LABORATOIRES BIORNIZ shall never store in its database any financial information relating to the Customer that would be used when placing the order.
For professional customers (pharmacy…), a period of 30 days from the validation of the order is granted for the payment of the order. This payment can be made by bank card, bank check, bank transfer or SEPA direct debit.
For private customers, two delivery methods are offered: home delivery Colissimo or delivery in DPD relay point.
For business customers, the delivery of ordered products is made by DPD Classic.
For each order, a fixed contribution to the costs of provision is requested, which includes the postage, packaging and processing of the order. The delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery” section.
The contribution to the shipping costs is inclusive of all taxes (TTC). The Products will be delivered to the address indicated by the Client on the Sales Order, according to the delivery method chosen.
Delivery will be made within an average of 2 to 7 days from receipt of the Order, depending on the delivery method chosen, and within a maximum of 30 days from receipt of the Order.
Delivery times exclude Sundays and holidays.
It is expressly agreed that in the event that LABORATOIRES BIORNIZ is unable to deliver a product under the terms and conditions set forth herein due to a failure on the part of one of its suppliers (late delivery, non-conformity of the Order in particular), the Customer shall be informed by LABORATOIRES BIORNIZ as soon as possible. In this case, the Customer shall not be debited for the amount of the product concerned, or shall be reimbursed within 14 (fourteen) days from the date of notification to LABORATOIRES BIORNIZ by the latter. LABORATOIRES BIORNIZ’s liability shall therefore be limited to the amount of the product ordered by the Customer.
Upon receipt of the ordered Products, the Buyer shall verify the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, damaged package, etc.) must be reported by the Purchaser and must be notified to LABORATOIRES BIORNIZ’s customer service department on the day of receipt or, at the latest, on the first working day following receipt, by e-mail to firstname.lastname@example.org, accompanied by one or more photos. Any claim made after this period shall be rejected and LABORATOIRES BIORNIZ shall be released from any liability.
Depending on the customer’s request, the customer service BIORNIZ LABORATORIES will be able to proceed to the refund of the product or to a credit note. The refund shall be made using the same means of payment as that used by the Customer for the order, unless the Customer and LABORATOIRES BIORNIZ agree to use another means of payment.
Colissimo and DPD are very reliable services. However, it is possible, as with any shipment, that there may be a delay in delivery or that the package may go astray. In the event of a delay in delivery of more than 7 days, the Customer shall inform LABORATOIRES BIORNIZ’s customer service department, which shall forward the information to the French Post Office or DPD in order to initiate an investigation. This investigation may last up to 21 days from the time of its opening. If during this period, the package is found, it will be forwarded immediately to the Customer’s home (in most cases). If, on the other hand, the package is not found after the 21-day investigation period, the post office or DPD will consider the package as lost. In this case, LABORATOIRES BIORNIZ will send the Customer a replacement package, at its own expense. If the lost product(s) is (are) no longer available at that time, LABORATOIRES BIORNIZ shall reimburse the Customer for the amount of such product(s).
Also, LABORATOIRES BIORNIZ shall not be liable for any failure to deliver or delay in delivery due to force majeure, to the act of a third party or to a fault attributable to the Buyer. In the event of a delay in delivery, the Purchaser shall report this delay as soon as possible to the LABORATOIRES BIORNIZ customer service department by e-mail to: email@example.com.
LABORATOIRES BIORNIZ may, if necessary, refuse orders from consumers requesting improper reimbursement of orders.
8. Right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the Purchaser shall have a period of fourteen (14) clear days to inform LABORATOIRES BIORNIZ of his/her wish to withdraw. This period runs from the day of receipt of the order. In order to exercise this right of withdrawal, the Purchaser must inform LABORATOIRES BIORNIZ of his/her decision to withdraw by mail within this time limit.
The Buyer must then return, at his expense, the Product(s) in its (their) original packaging, at the latest within fourteen (14) days following the communication of his decision to withdraw, to the following address
5, allée Jules Verne
Z.A. de l’Ourzais
53800 Renazé, France
For reasons of hygiene and safety, and in accordance with article L221-28 of the French Consumer Code, Products that have been opened by the Buyer after delivery cannot be subject to a right of retraction and therefore to a refund. Similarly, the Products must be returned in their original packaging, complete (accessories, instructions…) and in perfect condition, allowing a new commercialization. Damaged, soiled or incomplete Products will not be accepted.
Where the fourteen (14) day period expires on a Saturday, Sunday or statutory holiday, it shall be extended to the next business day.
If the aforementioned conditions are met, LABORATOIRES BIORNIZ shall reimburse the Purchaser for all sums paid by the Purchaser, as soon as possible and no later than fourteen (14) days following the date on which LABORATOIRES BIORNIZ was informed of the Purchaser’s decision to withdraw. LABORATOIRES BIORNIZ reserves the right to defer reimbursement until the Product(s) have been recovered. The initial shipping costs are included, except for the return shipping costs, which remain the responsibility of the Buyer.
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. Under Article L. 217-4 of the Consumer Code, the Seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. In accordance with Article L. 217-5 of the French Consumer Code, in order to comply with the contract, the Product must (i) be fit for the purpose ordinarily expected of similar goods and, where applicable, correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model and have the qualities that a buyer may legitimately expect in view of the public statements made by the Seller, in particular in advertising or labelling, or (ii) have the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by Customer, brought to Seller’s attention and accepted by Seller.
It is reminded that within the framework of the legal guarantee of conformity, the Customer has a period of two (2) years from the delivery of the Product to act against the Seller. The Customer may choose between repairing or replacing the ordered Products, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The Customer is exempted from proving the existence of the defect of conformity of the Product during the six (6) months following the delivery of the Product. This period is extended to twenty-four (24) months as of March 18, 2016, except for used goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. In case of non-conformity, the Buyer can choose between replacement or refund of the Product(s), subject to the conditions provided for in Article L.217-9 of the Consumer Code.
10. Limitation of liability
BIORNIZ LABORATORIES makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a Customer’s downloading of any Content, the software used by the Customer to download the Content, the Site or the server that makes it available. In this regard, Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect them from bugs, viruses or other such harmful programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
Sales of products by LABORATOIRES BIORNIZ to individuals and professionals shall be subject to French law, regardless of the Purchaser’s country of residence and the place where the order is placed. Any dispute relating to the existence, interpretation, performance or breach of contract between LABORATOIRES BIORNIZ and the purchaser, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the competent French courts in application of the rules laid down by the French Civil Code and Consumer Code.
12. Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers
The parties will meet to review the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the injured party.
Also, the Seller and the Customer shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
13. Partial disability
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.