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General conditions of sale of products online between professionals

Preamble

The present general terms and conditions of sale apply to all sales concluded on the Biopur habitat website.

The Biopur habitat website is a service of :

- the company Biopur habitat

- located at :

41 rue du colonel gaucher
24430 Annesse Et Beaulieu
France

- website address: www.biopur-habitat.com

- e-mail address: contact@biopur-habitat.fr

- telephone: +3361800240

The Biopur Habitat website sells the following products: water treatment systems.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general sales conditions.

Article 1 - Principles

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

The present general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

The present general conditions of sale are communicated to any buyer who requests them, in order to enable him to place an order.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.

Article 3 - The order

The buyer places his order online, from the online catalogue and using the form on the site.

In order for the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. Acceptance will result in the sending of a confirmation e-mail by the seller, in accordance with the conditions described below.

The buyer must choose the address and the delivery method. Payment is made by the various banking methods offered at the time of ordering.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

In case of unavailability of an ordered product, the buyer will be informed by e-mail.

The cancellation of the order of this product and its possible refund will then be carried out, the remainder of the order remaining firm and definitive.

For any question relating to the follow-up of an order, the buyer can

- call the following number: +33618002400 (cost of a local call), on the following days and at the following times: Monday to Friday, from 9am to 12pm and from 2pm to 6pm,

- send an e-mail to the following address: contact@biopur-habitat.fr.

 

Article 4 - Electronic signature

The online provision of the buyer's bank details and the final validation of the order shall be deemed proof of the buyer's agreement. This will allow the seller to obtain the payability of the sums due under the order form and will be considered as a signature and express acceptance of all operations carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling the following number: +3361800240, or by sending an e-mail to the following address: contact@biopur-habitat.fr.

Article 5 - Confirmation of the order

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.

Article 6 - Proof of the transaction

The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 7 - Product information

The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.

The photographs of the products are not contractual.

 

Article 8 - Prices

Calculation

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices are indicated on the website in different currencies that the customer can choose. They do not take into account the delivery costs which may be invoiced in addition or offered under certain purchase conditions determined by the seller. These delivery costs will be indicated before the order is confirmed. The prices take into account the various taxes applicable to the buyer's country on the day of the order. Any change in the applicable tax rates will automatically be reflected in the price of the products in the online shop.

For sales made outside of the European Union, we are not responsible for any additional costs that may be required of the buyer at a later date by the country concerned. It is the buyer's responsibility to find out about and pay for the various costs relating to his purchase.

The payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Deposit

Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of sale. Except in the case of force majeure, any cancellation of the order by the buyer as from shall not give rise to the reimbursement of this deposit.

Price reductions

The buyer may benefit from special discounts and rebates, if any, according to the specific conditions specified at the time of the order.

Article 9 - Method of payment

Payment

This is an order with a payment obligation, which means that the placing of the order implies a payment by the buyer. The payment of the order is made by the various accepted banking methods proposed at the time of the order on the website. The seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorisation by officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The seller has set up an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send a copy of an identity document and proof of address to the seller by fax. The order will only be validated after the seller has received and verified the documents sent.

The price is payable in full and in one instalment at the time of ordering or in several instalments without charge if this payment model has been chosen. The payment date will be mentioned on the invoice sent to the buyer.

Late payment

Any delay in payment shall result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller may be entitled to take against the buyer in this respect.

A deferred payment period may be authorised by the seller in exceptional cases. This will be considered on a case-by-case basis. These specific terms and conditions will then be recorded and validated directly on the invoice or confirmed by e-mail.

 

Article 10 - Product availability

Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.

For all deliveries in France (metropolitan France and Corsica), in the French overseas departments and territories or outside France, the delivery time is defined at the time of ordering according to the choice of carrier, starting on the day following the day on which the buyer placed the order.

In case of delay, the seller cannot be held responsible, for whatever reason. Consequently, no claim for compensation, of any kind whatsoever, may be made by the buyer.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 11 - Terms of delivery

Delivery is only made after confirmation of payment by the seller's bank.

It is provided within the time specified in Article 10, from the receipt by the seller of the order form.

Any delay of more than 1 month may result in the cancellation of the sale. The deposits paid or the payment made at the time of ordering will then be returned to the buyer. The payment made at the time of the order will then be returned to the buyer.

In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that it is accurate. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and during the time indicated.

If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notices.

If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 working days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

Article 12 - Delivery errors

The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option :

- by contacting the seller on the following telephone number: +33618002400

- by using the following e-mail address: contact@biopur-habitat.fr

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been allocated.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered mail, to the following address

BIOPUR HABITAT
41 rue du colonel gaucher
24430 Annesse et Beaulieu
FRANCE

The return costs are at the seller's expense.

Article 13 - Product warranty

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault on the part of the buyer.

In any case, in the event that the seller's liability is retained, the seller's guarantee shall be limited to the amount paid by the buyer for the purchase of the goods.

Article 14 - Right of withdrawal

As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

Article 15 - Force majeure

All circumstances beyond the control of the parties, which prevent the performance of their obligations under normal conditions, are considered as causes of exoneration from the obligations of the parties and lead to their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.

All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

 

Article 16 - Partial invalidation

If one or more clauses of these general terms and conditions 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 clauses shall retain all their force and scope.

Article 17 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 18 - Applicable law

The present general conditions are subject to the application of French law.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.

If they fail to do so, the parties shall submit the dispute to the Commercial Court.

Article 19- Collection of personal data

Collected data:

The personal data collected on this site are the following:

Account opening: when the user's account is created, his/her name, first name, e-mail address; telephone number; postal address; various legal registration numbers assigned to the customer for his/her company or business;

Connection: when the user connects to the website, the user's name, surname, connection data, usage data, location data and payment data are recorded.

Profile: when using the services provided on the website, a profile is created, which may include an address and telephone number.

Payment: When paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
This data is secure and the seller cannot access confidential data that could endanger bank security.

Communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored.

Cookies: Cookies are used as part of the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.

 

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows

- access and use of the website by the user;

- management of the operation and optimisation of the website;

- organising the conditions of use of the Payment Services;

- verification, identification and authentication of data transmitted by the user;

- offering the user the possibility to communicate with other users of the website;

- implementation of user assistance;

- personalising services by displaying advertisements according to the user's browsing history and preferences;

- preventing and detecting fraud, malicious software and managing security incidents

- management of possible disputes with users;

- sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases

- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user allows a third party's website to access his/her data;

- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.


Enforcement of users' rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise at the following address contact@biopur-habitat.fr:

- they can update or delete their data by logging into their account and configuring the settings of this account;

- they can delete their account by writing to the following email address contact@biopur-habitat.fr. Please note that information shared with other users, such as forum postings, may remain publicly visible on the website even after their account has been deleted;

- they can exercise their right of access to their personal data by writing to the following e-mail address: contact@biopur-habitat.fr. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;

- if the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following e-mail address: contact@biopur-habitat.fr;

- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@biopur-habitat.fr.

Changes to this clause

The website reserves the right to make changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.

These online product terms and conditions for professionals have been created on the Rocket Lawyer website.


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