GENERAL CONDITIONS OF SALE
Last update : 01/06/2011
Preamble
The commercial website www. bio-cheval.com (hereinafter referred to as the "Website") is an e-commerce website accessible via the Internet, open to all users of this network (hereinafter referred to as "Internet users"). It is edited by Bio Cheval SAS (hereafter called "Bio Cheval") whose head office is located at 21, Rue Victor Hugo, 62380 LUMBRES - FRANCE, registered at the Registre du Commerce et des Sociétés de Boulogne sur Mer (62), France.
The Website allows Bio Cheval to sell cosmetic and food products, manufactured and distributed by Bio Cheval (hereafter called "Products"), to Internet users browsing the Website (hereafter called "Users"). In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, the present website and all the elements, brands, drawings, models, logos, photos, graphics, etc... found on the present website as well as their compilation are the exclusive property of Bio Cheval or its suppliers, the latter not granting any licence or any other right than the right to consult the website. The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly forbidden. Any other use constitutes an infringement and is punishable under the Intellectual Property Act, unless prior written authorisation is obtained from Bio-Cheval.
For the application of the present document, it is agreed that the User and Bio Cheval will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order will be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.
Bio Cheval makes every effort to ensure that the information published on the website is accurate and up to date, and reserves the right to correct the content at any time without prior notice. However, Bio Cheval cannot guarantee the accuracy, the precision or the exhaustiveness of the information available on the website. Consequently, Bio Cheval declines all responsibility for :
any imprecision, inaccuracy or omission concerning the information available on the Website;
Any damage resulting from a fraudulent intrusion of a third party leading to a modification of the information available on the website;
and more generally any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by the access of any person to the Site, or the impossibility of accessing it, the use of the Site and/or the credit given to any information coming directly or indirectly from the latter.
It is specified that the Products are intended for personal use by the User, without any direct connection with the User's professional activity.
The User who wishes to purchase on the Site declares that he/she has full legal capacity. However, a person who is incapacitated within the meaning of Article 1123 et seq. of the French Civil Code, if he or she cannot in any way purchase on the Site and thus acquire the status of Buyer, may be a User of the Site. The consultation of the Site and the services it offers are then under the responsibility of its legal representative. This legal representative is required to respect the present stipulations. In any case, when transmitting personal data, the legal representative must compile the registration form himself or herself or expressly authorise the minor to fill in the said form, with the stipulations relating to personal data as set out in Article 7.1 below naturally applying.
Any order for a Product offered on the Site implies the consultation and express acceptance of these general terms and conditions of sale, without this acceptance being conditional on a handwritten signature by the User. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in Article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the said order.
The User may simply, freely and at any time consult the general terms and conditions of sale set out on this screen by clicking on the link "General terms and conditions of sale". The User also has the option of saving or editing these general conditions, it being specified that both saving and editing of this document are the sole responsibility of the User, as these general conditions of sale may be subject to change. In this case, the applicable conditions will be those in force on the site at the date of the order.
Hypertext links may lead to other websites than the present one. Bio Cheval declines all responsibility in the event that the content of these websites contravenes the legal and regulatory provisions in force. Furthermore, Bio Cheval reminds you that any creation of a hypertext link to the homepage of the present website or any other page of the website is subject to the express, prior and written agreement of Bio Cheval.
Article 1. Object
The purpose of the present general terms of sale is to define, exclusively for the relations established on the Internet, the rights and obligations of the Parties resulting from the online sale of the Products offered on the Website.
Any order placed by the User to Bio Cheval implies the final and irrevocable agreement of the User to all the general sales conditions presented hereafter. Thus, the client acknowledges having read, at the time of placing the order, the general sales conditions and expressly declares to accept them without reserve. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, except in the event of a prior, express and written derogation.
Article 2. Products - Prices
2.1. Products
The Products offered for sale by Bio Cheval are the ones that appear on the Website, on the day of the consultation of the Website by the User and within the limit of available stocks. In case of unavailability of one of the Products, the Buyer will be informed at the latest at the time of the order confirmation, and the indicative delivery time will be specified.
Bio Cheval presents on its website the products to be sold with the necessary characteristics to respect the Article L 111-1 of the French Consumer Code, which allows the potential consumer to know the essential characteristics of the products he/she wishes to buy before placing the order. The photographs and texts illustrating the Products are not part of the contract. If these photographs and/or texts are not accurate, Bio Cheval shall not be held responsible.
2.2. Prices
The prices are indicated in Euros and are valid for: Metropolitan France, Corsica and Monaco. They take into account possible reductions as well as VAT, applicable on the day of the order, unless there are major changes in charges, and in particular VAT.
The prices indicated on the Site are guaranteed within the limit of validity specified in the offer and within the limit of available stocks. They do not take into account the postage and packaging costs which will be invoiced in addition (see article 4 on Delivery).
Bio Cheval reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of the Products.
Article 3. Registration and validation of the order
3.1 Navigation within the Site
The User can see the different Products offered for sale by Bio Cheval on its Website. He can browse freely on the different pages of the Website, without being committed to an order.
3.2 Registering an order
If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the "Add to cart" box. Each new addition to the basket will be indicated by the appearance of a specific screen.
At any time, the User may :
obtain a summary of the Products they have selected, by clicking on "My basket",
modify quantities and/or delete items,
continue their selection of Products by clicking on "Continue shopping",
complete their selection of Products and order these Products by clicking on "Next step" when the contents of the basket are recalled.
In order to order the Products he has chosen, any User must identify himself, either by entering his e-mail address and password if he has already created his account, or by clicking on "I create my account" if he has not. In the latter case, the User must accurately fill in the form provided, on which he/she must include the information necessary for identification, in particular his/her surname, first name and postal address. In addition, the User must provide his/her e-mail address and a password of his/her choice, which will be personal and confidential and which he/she will need to identify him/herself later on the Site. The User is informed and accepts that entering these two identifiers is proof of his/her identity and demonstrates his/her consent.
Une fois l'Utilisateur identifié, il devra valider les adresses de facturation et de livraison (tel que précisé à l'article 4 ci-après) puis un bon de commande apparaîtra à l'écran, récapitulant : les nature, quantité et prix des Produits retenus par l'Utilisateur, ainsi que le montant total de la commande et les adresses de facturation et de livraison des Produits. L'Utilisateur pourra choisir le mode de paiement qu'il souhaite. Il est précisé que les paiements par chèque ne sont valables que pour une livraison en France métropolitaine, en Corse et à Monaco. Les chèques doivent être libellés en Euros à l'ordre de Bio-Cheval.
3.3. Final validation of the order
After having read the status of the order, and once all the information requested has been completed by the User, the latter will click on the chosen method of payment to definitively confirm the order. If the User wishes to pay for his/her order by credit card, he/she must enter his/her credit card number, depending on the type of card, the expiry date of the card and the cryptogram number (3-digit number on the back of the credit card). It is specified that by choosing immediate payment by bank card, as provided for in article 6 below, the User will then be automatically transferred to the electronic payment server that he/she chooses (hereinafter referred to as "the Bank"). The Bank's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect as effectively as possible all the data linked to the means of payment, and at no time will the User's banking data transit on Bio-Cheval's computer system. Bio-Cheval is therefore not responsible for the data.
As soon as the User validates his/her payment, the order is recorded and becomes irrevocable. The User becomes a Buyer. The order form will be recorded on Bio-Cheval's computer registers, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
In accordance with article 5. below, the Buyer has the right to exchange and reimburse during a period of thirty (30) clear days from the date of receipt of the Products by the Buyer.
3.4. Confirmation of the order
Once the Buyer has validated his/her method of payment (if applicable with the provision of his/her card number, expiry date and cryptogram number), a summary of the Buyer's order will be displayed and will mention in particular the transaction number. This summary will also be sent by e-mail, at the latest upon delivery of the Products, to the e-mail address indicated at the time of the order. This confirmation will include all the elements that make up the contract between the Parties.
Article 4. Delivery
4.1 Terms of delivery
Bio Cheval will do its best to ensure that the order is shipped within the average delivery time indicated in the delivery rates, which can be consulted on the website by clicking on the link "Delivery rates". These delivery times are calculated from the working day following the day on which the Buyer validates his/her order and are given as an indication. Any possible overrun in terms of deadlines may not give rise to damages, nor to withholding or cancellation of the order by the Buyer. In any event, and in accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following the day on which the Buyer registered his/her order, subject to full payment of the price. If the products are not delivered within this period, the Buyer may cancel the order. The sums paid by the Buyer will then be returned to him/her without delay, to the exclusion of any other compensation. The Buyer will have to make his request in writing (mail or email to the address indicated in the "Contact us" section of the Bio Cheval website) which will allow Bio Cheval to improve the quality of the service that can be offered to the Buyer. Bio Cheval will then proceed to an investigation with the carrier concerned before cancelling the Buyer's order and reimbursing the undelivered products ordered. An investigation with the carrier can take up to 21 working days. If during this period, the parcel containing the products is found, it will be, at the Buyer's choice, either immediately redirected to the place of delivery indicated in the order form or kept by Bio Cheval who will proceed to the reimbursement of the undelivered products ordered. However, if the parcel containing the ordered products is not found after the 21 days investigation period, Bio Cheval will proceed, at the Buyer's choice, either to the reimbursement of the undelivered products or to a new shipment of the products ordered by the Buyer at Bio Cheval's expense.
The Products ordered by the Buyer will be delivered in : Metropolitan France, Corsica and Monaco, to the delivery address indicated by the latter on the order form. In this respect, the Buyer will have the possibility of having the Products delivered to an address other than his/her own. It is the Buyer's responsibility to provide Bio Cheval with all the necessary information for the delivery of the order. However, this delivery will not be possible in case of force majeure, strike of transport and/or postal services.
The Products will be sent by La Poste in Colissimo Suivi. Bio Cheval is not responsible for any delay in delivery due to postal services, loss of products or strikes. The risks of transport are borne by the Buyer. Consequently, the Buyer is required to check the condition of the packaging of the goods on delivery in order to refuse the said package if he/she notices that it has been damaged during transport and to inform us of this refusal within three days. Furthermore, it is specified that the property of the ordered Products will be transferred to the Buyer only at the total payment of the invoiced price, and this includes the delivery costs.
This being the case, despite all the care taken by Bio Cheval in the preparation of the parcels, it is possible that a Product is missing. Also, after transporting the parcel, one of the Products may be defective. This is why, upon receipt of the order, the Buyer will check the conformity of the Products received. Any anomaly concerning the delivery (missing or broken product) must be notified to Bio Cheval's customer service on the day of receipt or at the latest on the first working day following receipt, by mail to Bio Cheval - Service des commandes internet - 21, rue Victor Hugo 62380 LUMBRES - FRANCE, using one of the forms in the section "Contact us". Any claim formulated after this delay will be rejected and BIO CHEVAL will be released from any responsibility. Bio Cheval reserves the right to ask the Buyer to return the defective product.
If the above-mentioned conditions are fulfilled, BIO CHEVAL will then proceed either to the exchange or the reimbursement of the defective Product(s), or to the re-shipment of the missing Product (subject to the merits of the Buyer's request).
4.2 Participation in shipping costs
All orders, except for the special discount mentioned on the Site and within the limit of validity of the offer, will entail a contribution to the cost of shipping the Products to the Buyer, which will be added to the amount of the order. This contribution is fixed and calculated according to the shipping zone of the Products. By declaring that he/she has read and accepted the general terms of sale, the Buyer acknowledges that he/she accepts the contribution to shipping costs mentioned on his/her order and in accordance with the rates applicable on the day of his/her order.
Where applicable, customs or import taxes are not included in the shipping costs and are payable by the Buyer. Consequently, it is the responsibility of the Buyer to be informed about the taxes in force in his/her country before validating his/her order.
Article 5. Right of withdrawal
The Buyer has a period of seven (7) clear days to return, at his/her expense, the Product(s) he/she has ordered if he/she is not satisfied with them. This period runs from the day of receipt of the order. The Product(s) must be returned in its (their) original packaging to the following address Bio Cheval- Service des retours internet - 21, rue Victor Hugo 62380 LUMBRES FRANCE.
If the above-mentioned conditions are met, Bio Cheval will refund the Buyer within fifteen (15) days from the date of reception of the parcel by Bio Cheval (the date of reception by Bio Cheval being considered as notification to Bio Cheval of the Buyer's right of withdrawal). This reimbursement will be made according to one of the three following configurations :
the package is returned unopened: refund of the package and any shipping costs. The return costs cannot exceed the shipping costs;
the product is returned because the Buyer is not satisfied: refund of the product and return costs at the Buyer's expense ;
the product is returned because of Bio Cheval's responsibility: refund of the product, of the shipping costs and of the possible returns. The return costs cannot exceed the shipping costs.
Article 6. Payment
The amount due by the Buyer is the amount indicated on the order confirmation sent by e-mail by Bio Cheval to the Buyer.
The Buyer will have the choice, when validating his/her order as specified in article 3.3. above, between different payment methods. In this respect, payment may, unless the server is unavailable, be made :
• immediately on the Internet: by credit card (Blue, Visa, Eurocard/Mastercard). Payment is made in Euros.
An alternative method of payment is available to the Buyer for Metropolitan France, Corsica and Monaco:
• by cheque: the Buyer prints his order form on paper and sends it by post to Bio Cheval with the payment by cheque in Euros made out to "BIO CHEVAL", within 7 working days following his order. In this case, the order will only be validated and shipped after Bio Cheval has received the full payment and the validity of the payment.
In any case, BIO CHEVAL reserves the right to refuse any order or any delivery in case of a dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of authorisation of payment by credit card by the banking organisations, non-payment or partial payment. Bio Cheval will not be held responsible for any of these cases.
Article 7. Data processing and liberties
7.1 Personal information
The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders as well as for the establishment of delivery notes. Failure to provide this information will result in automatic rejection of the order. In accordance with the law n°78-17 of January 6, 1978 relating to Data processing, the files and the Liberties, the User has a right of access, of correction and suppression of the personal data relating to it. To exercise this right, the User must contact Bio Cheval by using the forms in the "Contact us" section or by mail to Bio Cheval 21, Rue Victor Hugo, 62380 LUMBRES , Tel : 0321936069 Fax : 0 955 65 03 51 contact@bio-cheval.com
7.2. Web beacons
Some web pages of the Site may contain electronic images or "web beacons", which allow the number of visitors to the page to be counted. In any case, the information obtained via these tags is strictly anonymous and simply allows us to gather statistics on the number of visitors to certain pages of the Site, in order to better serve the Users of the Site.
Article 8. Various stipulations
8.1. Force majeure
Bio Cheval will not be responsible for the total or partial non-execution of its obligations under the present contract, if this non-execution is caused by an event constituting force majeure, notably in case of disturbance or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire. Events meeting the criteria set by the case law of the 2nd civil chamber of the Court of Cassation will be considered as force majeure.
In case of an event constituting force majeure, Bio Cheval will inform the User/Purchaser within five (5) working days following the occurrence or the threat of this event. The Parties agree that they will have to consult each other as soon as possible in order to determine together how the order will be executed during the period of the force majeure event. After a period of one (1) month of interruption due to force majeure, Bio Cheval will not honour the order, and will reimburse the Buyer if necessary.
8.2. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
8.3. Entire contract
These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of contradiction between these documents, the general conditions of sale shall prevail.
8.4. Applicable law
The present general sales conditions and the contractual relations between Bio Cheval SAS and the Buyer are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. In case of legal action, only the Commercial Court of Boulogne sur mer (62), France, is competent.