Legal Notices / TCU / T&C

LEGAL NOTICE

 

The website which can be accessed at www.boutique.bioserenity.com (the “Website”) is proposed by BioSerenity, a French société par actions simplifiée with a share capital of 567,705 Euros, registered in France under the number 799 995 782 at the Commercial and Companies Registry of Paris, whose registered office is located at 47 Boulevard de l’Hôpital, 75013 Paris, France (“BioSerenity”).

 

The website publication director is Mr Pierre-Yves FROUIN.

 

To contact BioSerenity regarding the Website, you can write to the following e-mail address contact.masques@bioserenity.com or call +33 3 39 88 01 92

 

The Website is hosted by the company known as OVH, whose registered office is at 2 rue Kellermann – 59100 Roubaix.

 

The Website, web developments and videos were created by the Paris branch of BBK.

 

You can consult the Website’s terms and conditions of use and of business here.

 

 

TERMS AND CONDITIONS OF SERVICE AND OF BUSINESS APPLICABLE TO THE BIOSERENITY STORE

 

 

 

ARTICLE 1.         PRESENTATION OF OUR STORE

 

We are responsible for publishing the Website allowing You to place Orders for Products.

 

In the interests of transparency, the T&Cs are available at all times to all Users from the Website. By accessing the Website, You acknowledge that You have read and understood the T&Cs and You agree to be bound by these.

 

By placing an Order, You have to accept the T&Cs that will govern our relationship.

 

We reserve the right, at our absolute discretion, to alter the T&Cs at any time. Of course, the T&Cs applicable are those that You accepted when placing the Order.

 

 

ARTICLE 2.         DEFINITIONS

 

For ease of reference, the terms capitalized in the T&Cs will have the following meanings:

 

BioSerenity / Us/We

means BioSerenity, a French société par actions simplifiée with a share capital of 567,705 Euros, registered in France at the Commercial and Companies Registry of Paris under the number 799 995 782, whose registered office is located at 47 Boulevard de l’Hôpital, 75013 Paris ;

 

Boutique

means the online store published by BioSerenity and accessible at boutique.bioserenity.com at which Customers can place Orders;

 

T&Cs

means these terms and conditions of business setting out in detail the terms of use of the Website and the terms according to which Orders are placed;

 

Customer

means any and all User with a valid Account and making one or more Orders;

 

Order(s)

means the Customer’s firm order(s) for the purchase of one or more Products available on the Website;

 

Account

means a valid account of a User allowing Orders to be placed;

 

Personal Data

means any information relating to a natural person identified or identifiable, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

 

 

Privacy Policy

means the document established by BioSerenity which presents how the Personal Data of Users is processed and defining their corresponding rights

https://boutique.bioserenity.com/en/privacy-policy/ ;

 

Product(s)

means the item(s) manufactured by BioSerenity and offered for sale by BioSerenity via the Website, as well as products manufactured by third parties and offered for sale by BioSerenity via the Website;

 

User / You

means any person, whether a Customer or not, visiting or browsing the Website.

 

 

ARTICLE 3.         PLACING ORDERS ON OUR STORE

 

Orders are made on the Website using your Account.

 

3.1        Creating an Account to place your Order

 

To place an Order and if You do not yet have an Account, You will need to create one using a valid e-mail address and choose a password.

 

Your password is strictly personal and confidential. Our recommendation to our Users is to change their passwords on a regular basis and to choose complex passwords including letters, figures and specific characters. Do not share your password with anyone else. Users are responsible for the loss or theft of their password if it is established that they committed a mistake through their fault. In this case, Users must inform BioSerenity without delay.

 

After creating the Account, You will receive an e-mail from BioSerenity confirming your registration.

 

If You already have an Account, You will simply need to identify yourself using your e-mail address and your password.

 

For more information concerning Personal Data processed by BioSerenity, We would urge You to consult our Privacy Policy.

 

3.2        Selection of Products and adding Products to your shopping cart

 

You can select the Products of your choosing, provided they are available for sale online and in the desired quantity.

 

The total price including tax, as well as the amount of said taxes, will be displayed on the Website.

 

It is extremely simple to add a Product to your shopping cart, all You have to do is to choose the Product, define the desired quantity and click on the “add to cart” button. Each new addition to the cart will be shown on the Website by the quantity of Products appearing in the cart.

 

At any time, You may consult a summary of the Product(s) selected and which are in your cart, pursue your selection by continuing shopping on the Website or complete your Order by proceeding to payment.

 

 

3.3        Payment to complete the Order

 

Before finalising the Order and paying, You will be directed to a page on the Website allowing You to consult the details of the Product(s) selected, which You may alter.

 

Before proceeding to payment, You will have to add billing and delivery information. We hereby inform you that placing an order entails an obligation to pay.

 

You will be informed of the estimated delivery date for the Products via e-mail when placing the Order.

 

Before paying, We recommend you carefully check your Order. You will need to confirm the billing and delivery information and approve the T&Cs.

 

Payment of the Products may be made in Euros or in local currency and by any and all means of payment available via the Website, in particular by credit card.

 

Your Order will only be processed by BioSerenity once payment has been made.

 

 

3.4        Confirmation of the Order

 

After placing your Order, You may access from your Account a summary of your Order on the Website mentioning in particular the order number. This summary confirming your Order will be sent to You in an e-mail containing all of the data pertaining to the sale agreement entered into between You and Us.

 

The information contained in the e-mail confirming the Order is proof of the nature, contents and date of your Order from BioSerenity and is binding, which is expressly accepted by You.

 

 

ARTICLE 4.         TERMS OF PURCHASE AND STORE WARRANTIES

 

To place an Order, if:

 

  • You are a natural person, You must be an adult, with legal capacity to enter into contractual relations;

 

  • You are placing such on behalf of a legal person, You represent and warrant that you are authorised to place the Order on behalf of that person. In this case, You commit to purchasing the Products for a personal use and not for their resale to third parties.

 

You guarantee that the Products will not be delivered, sold and distributed for retailing purposes.

 

BioSerenity may refuse to fulfil an Order for Products issued from or destined to countries which are subject to trade restrictions or embargoes by the European Union and/or the United States.

 

Any and all Orders carried out in breach of this clause will be null and void.

 

When validating an Order, You are submitting to BioSerenity an offer to purchase the Products placed in your shopping cart, which will be confirmed to You upon receipt of BioSerenity’s Order confirmation e-mail. We reserve the right to refuse, cancel and terminate Orders that may have been confirmed, at any time, in particular in the event of breach of the T&Cs or of attempted fraud. In this case, We will refund Your Order.

 

We would recall that if the Customer is a professional acting within the framework of his or her main activity, the right to retract is expressly excluded from the T&Cs.

 

 

ARTICLE 5.         INFORMATION ON THE PRODUCTS AND AVAILABILITY OF THE PRODUCTS ON OFFER ON THE WEBSITE

 

The Products offered for sale are those which appear on the Website and which may be the subject of an Order, save in the case of exceptional unavailability or of exercise of the right to retract by BioSerenity.

 

Sales offers, including promotional offers, are valid as long as they are advertised on the Website. Promotional offers which are not published on the Website may not be validly enforced against BioSerenity.

 

BioSerenity will use its best efforts to comply with the requirements of article L.111-1 of the French Code de la Consommation by posting online the essential characteristics of the Products. Photographs of the Products are provided for illustration purposes only and are not contractually binding in any way.

 

Users are required to consult the description of each Product to acquaint themselves with their essential characteristics.

 

In case of exceptional unavailability of the Product ordered, BioSerenity will promptly inform the Customer having placed an order and the Customer will be entitled to alter his or her choice or to cancel the Order, which will trigger a refund of any money paid over.

 

 

ARTICLE 6.         PRODUCT REVIEWS POSTED ON OUR STORE

 

6.1        Customer Reviews

 

We have set up a system to collect and publish Customer reviews on the Website allowing You to share your experience and to help other Customers choose their Products.

 

Customer reviews are composed of a grade between one (1) and five (5) stars and of a description under the terms of which You are prompted to express an opinion and your experience. The product will receive a general grade corresponding to the average of all grades awarded by all Customer reviews on that Product.

 

6.2        Posting Customer reviews online

 

At all times, You may post a review on the Website under the relevant Product.

 

If You do not wish to publish your first and last names, We recommend that You submit a review under a pseudonym or anonymously and that you do not use your first and last names. If You do not do so, Your identity may be posted on the Website and, consequently, made accessible to any User.

 

We will post the review online within seven (7) days from the submission by the Customer of the review, and subject to the review moderation procedure described below. BioSerenity reserves the right to use Customer reviews for promotional purposes based on any medium whatsoever, in particular via newsletters.

 

Reviews will be published in chronological order and thus until the Product is discontinued on the Website.

 

Reviews are moderated before they are published on the Website.

 

If We notice a review infringing the commitments of the author of the review, as described below, We reserve the right to delete it or to refuse its publication online. In this case, the Customer who wrote the review will receive an e-mail from BioSerenity explaining the reasons for such refusal and asking him or her to submit a new review.

 

We would draw your attention to the fact that once the review is online, You will not be able to alter it.

 

In any case, We may respond to reviews posted online and contact the Customer as part of our customer relationship management, particularly in the case of a negative review.

 

At any time, You may report a Customer Review possibly breaching applicable laws and regulations or the T&Cs, or that should adversely affect your rights by sending an e-mail to contact.masques@bioserenity.com or by using the Website’s contact form. We will temporarily or permanently block, if necessary, the review in order to check the contents thereof.

 

6.3        Rules for all reviews published on the Website

 

Reviews are designed to help other Users in choosing Products and, to this end, must contain relevant and non-misleading information about the essential characteristics of the Product.

 

You are required to comply with the following rules: do not draft a review which breaches applicable laws and regulations or which offends public order and morals, do not submit a review which is defamatory, insulting, denigrating or which adversely affects the rights of third parties, including, intellectual property rights or personality rights and do not include in the review any hyperlinks or malicious content.

 

 

ARTICLE 7.         PRICE OF PRODUCTS AND PAYMENT ON THE WEBSITE

 

7.1        Price of the Products and delivery charges

 

The prices for the Products are firm. The Products are billed based on the price list in force at the time of confirmation of the Order.

 

Prices are in euros, including tax. The VAT rate applicable is that in force on the day the invoice is established.

 

The delivery charges will be shown before validating the Order.

 

The prices published on the Website when an Order is placed are not binding on BioSerenity for future orders. Thus, we are entitled to alter the prices for the Products at any time and without prior notice. We would like to reassure You that changes to our prices shall have no effect on Orders in progress or already placed.

 

7.2        Payment and billing

 

Orders must be paid via credit card using Biosrenity’s technical service provider, or by any and all means on offer by BioSerenity when placing the Order.

 

Professional Customers are informed that no early/cash payment discounts will be possible when placing an Order.

 

In order to proceed to payment, You will need to provide your payment details to the technical service provider responsible for the online processing of payments. Transactions made by credit card are secure.

 

If the payment is not authorised, We will suspend the Order and any delivery and You will need to contact your bank directly to resolve the issue.

 

The Products ordered will remain within our ownership until full payment has been received.

 

All invoices are dated as of the day the Order is placed. Your invoice will be sent to You by e-mail upon confirmation of the Order.

 

 

ARTICLE 8.         SHIPMENT AND DELIVERY OF ORDERS

 

The Products will be delivered to the delivery address that You provided when placing the Order or to any address communicated for this purpose on the Website.

 

Deliveries shall be made according to availability and in the order of arrival of Orders for the Products. Orders are dispatched within forty-eight (48) hours from their validation and shall take five (5) days to be delivered as from their shipment.

 

The above delivery times are provided for information purposes and correspond to those usually observed. The estimated delivery date is mentioned at the time of placing the Order and shall not exceed thirty (30) days from confirmation of the Order.

 

Save indication otherwise on our Website, We can ship the Products anywhere in metropolitan France (including Corsica) and to Overseas counties and regions (départements et région d’Outre-Mer), as well as to any country which is a member of the European Union. We will also consider, on request, the shipment of Products to any country that accepts the “CE” standards and norms for medical devices.

 

Save indication otherwise on our Website, We do not deliver Orders to countries which are subject to trade restrictions or embargoes by the European Union and/or the United States.

 

For non-professional Customers, delivery shall be deemed to have taken place upon receipt of the Order by the Customer or the recipient of his/her choice.  We would recall that they are required to check upon receipt that the Products have not been damaged during transport and to immediately advise Us thereof if this is the case.

 

For professional Customers, the Products are transported at their risk and peril. The transfer of risks will take place at the time of delivery of the Products to the carrier.

 

In all cases, in the event of damage, delays or missing Products, Customers must raise all reserves with the carrier, on the goods receipt document, which they must sign and have countersigned by the carrier or his or her representative. Reserves must be communicated to the carrier by registered letter within a period of three (3) days, in accordance with Article L. 133-3 of the French Code de Commerce.

 

No objection relating to delivery per se is possible if the package appears to have been delivered, the carrier’s computer system or the endorsement of the receipt slip being taken as evidence of this.

 

BioSerenity shall be exempted from its full or partial liability for any delay or failure to perform by providing proof that such is attributable either to the Customer, or to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as provided for by article L. 221-15 of the French Code de la consommation.

 

 

ARTICLE 9.         RIGHT TO RETRACT FOR NON-PROFESSIONAL CUSTOMERS

 

We would recall that Customers who are consumers benefit from a right to retract that they may exercise without having to provide any reason within a period of fourteen (14) days from the receipt of the Products.

 

To exercise the right to retract, Customers must return the retraction form duplicated below or a written statement expressing unambiguously their desire to retract, to BioSerenity at the following address: BioSerenity – 20 rue Berbier du Mets – 75013 Paris, or via e-mail at contact.masques@bioserenity.com or by any other means available for that purpose on the Website.

 

The Products must be returned by Customers within fourteen (14) days following their decision to retract.

 

The cost of return shipping will be borne by the Customer. BioSerenity will send the Customer, after having been informed of the exercise of the right to retract, the information required to return the Products.

 

If after checking the condition of the Product(s), the return is accepted, BioSerenity will refund the Customer using the same means of payment used by said Customer at the latest within a period of fourteen (14) days from receipt of the Product(s) by BioSerenity or from communicating proof of shipment of the Product(s).

 

However, in accordance with article L. 221-28 of the French Code de la Consommation, Customers are informed that the right to retract will be set aside where the Products have been unsealed after delivery, for reasons of Product-related hygiene and health protection.

 

Model retraction form to be returned via registered letter or e-mail with acknowledgement of receipt:

 

For the attention of BioSerenity – Activité Masques – 20 rue Berbier du Mets – 75013 Paris / contact.masques@bioserenity.com :

 

I, the undersigned ____________ hereby notify you of my retractation from the contract applying to the sale of the ____________ product referred to below:

 

Ordered on: _______________ / received on ______________

 

Name of consumer: __________________________

 

Address of consumer: _______________________

 

Signature of consumer:

 

Date:  ____________________________

 

 

ARTICLE 10.      LIABILITIES AND WARRANTIES

 

You are solely responsible for your Account enabling you to manage your Orders in progress or your past Orders, for the Personal Data contained therein and for your password.

 

You are also responsible for any payment incidents and You guarantee that You hold the full rights to pay for any Order in full.

 

If You are a professional, You undertake not to resell or market the Products to third parties, without the express, prior and written consent of BioSerenity.

 

You are liable for the use of the Products and You undertake to use the Products in accordance with their intended use.

 

We are liable for shipping the Products once we have received payment and after confirming your Order.

 

We guarantee that our Products benefit from the following certifications:

 

  • CE Marking of medical devices;

 

  • ISO 14683:2019; and/or

 

  • Comply with the norm EN 149:2001 + A1: 2009.

 

We will hold You harmless against any non-conformity of the Products and any hidden defect resulting from a design flaw of the Products, to the exclusion of any negligence or fault on your part, in accordance with Articles L. 217-4 et seq. of the French Code de la Consommation and 1641 et seq. of the French Code Civil.

 

If unfortunately, You should observe a non-conformity or a hidden defect, You are required to contact Us on the same conditions as those described in Article 9 of the T&Cs. We will bear the cost of returning the Products and will inform You on how to return the Products.

 

Our liability may not be incurred in the event of non-conformity of the Products with standards and regulations that should come into force after their delivery or in the event of deterioration or damage that has occurred and that should not be attributable to Us.

 

For our services, We are subject to a best endeavours obligation, and shall not be liable for:

 

  • any shortages of stocks that may occur when placing an Order;

 

  • partial or total non-performance of our obligations or any delay in the performance thereof, if such non-performance or delay was caused by the occurrence of unforeseeable, irresistible and extraneous events or if such non-performance or improper performance is attributable to the Customers or is caused by an unforeseeable and insurmountable act of a third party;

 

  • any damage that should result from the Products manufactured by third parties and on offer for sale via the Website, if you are a professional. In the event of a safety related defect in the Product and if the Product is manufactured by a third party, We will provide You with the identity of the producer;

 

  • any damage that should result from misuse of the Products;

 

  • any difficulties related to the internet and any difficulties related to hosting and, more generally, for any technical disruption likely to affect the Website.

 

Access to the Website may be interrupted due to reasons of a technical nature, without our liability being applied in this respect.

 

If Our liability was to be incurred on any grounds whatsoever, and the Customer is a professional, the maximum amount that BioSerenity could be sentenced to would not, in any event, be able to exceed the amount of the Order.

 

 

ARTICLE 11.      CONTACT

 

For any and all requests, You may contact Us on the following address at contact.masques@bioserenity.com or by phone on + 33 3 39 88 01 92.

 

 

ARTICLE 12.      INTELLECTUAL PROPERTY

 

The Website is an intellectual work protected by intellectual property law. The Website is the exclusive property of BioSerenity. BioSerenity is the owner of the intellectual property rights attached to the names, logos and trademarks present on the Website.

 

Any reproduction or public distribution, in all or part, of the Website, or of any of its elements, on any medium whatsoever, for other purposes, in particular retailing purposes, is expressly forbidden

 

We hold all of the intellectual property rights attached to the Products manufactured by BioSerenity. In this respect, certain Products are protected by intellectual and/or industrial property titles, such as patents. You undertake to comply with BioSerenity’s intellectual property rights and to not copy, have copied, disassemble, have disassembled, carry out or have carried out any reverse engineering operations on all or part of the Products.

 

 

ARTICLE 13.      FORCE MAJEURE

 

Neither Us nor You shall be liable for any failure or delay in performance caused by reasons beyond our control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters or further still regulations or acts of any authority or civil or military acts of any self-regulatory authority, wars, terrorism, riots, civil commotions, sabotage, theft or other criminal acts of third parties.

 

 

ARTICLE 14.      FINAL PROVISIONS

 

14.1 Survival of certain clauses after the end of the T&Cs. Clauses 6, 9, 10, 12 and 14 will survive expiry or termination of the T&Cs.

 

14.2 Nullity. If one or more provisions of the T&Cs are declared null, the others will retain their full force and scope. In this case, BioSerenity and the relevant Customer shall, if possible, replace that provision which has been cancelled with a valid provision corresponding to the spirit and intent of the T&Cs.

 

In the event of judicial cancellation of a clause of the T&Cs on any grounds whatsoever, the court will have to replace such with a clause having equivalent effects, within the framework of its power of interpretation.

 

14.3 Non-waiver. The fact that one of the parties does not invoke the benefit of any one of the provisions of the T&Cs shall not be considered or construed as a waiver of the benefit thereof.

 

 

ARTICLE 15.      GOVERNING LAW AND DISPUTES

 

The T&Cs are governed by French law.

 

We would remind non-professional Customers that they have the right, in the event of a dispute, to resort:

 

  • to mediation. We are currently in the process of becoming a member of a mediation body referenced by the Commission d’Evaluation et de Contrôle de la Médiation de la Consommation. As soon as our membership is finalised, we will update the T&Cs to inform You of the name of the mediator and of his contact details; or

 

 

 

IF THE CUSTOMER IS A PROFESSIONAL, AND IF APPLICABLE, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE T&CS WILL COME UNDER THE EXCLUSIVE COMPETENCE OF THE COURTS UNDER THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, AND THUS, REGARDLESS OF THE PRESENCE OF MULTIPLE DEFENDANTS OR WHETHER AN APPLICATION HAS BEEN MADE FOR THE JOINDER OF A GUARANTOR AS A PARTY.