CGV

PREAMBLE

We are pleased to welcome you to the Born to Bio cosmetics brand website, https://www.born-to-bio.com/ (hereinafter referred to as "the Site").

The Site and its operator the company Microcosme SAS are hereinafter referred to as "BORN TO BIO".

For the purposes of these General Conditions of Sale, the Buyer and BORN TO BIO are individually or collectively referred to as "the Party" or "the Parties".

ARTICLE 1: OBJECT

The purpose of these General Terms and Conditions of Sale (hereinafter "GTS") is, on the one hand, to inform any potential Buyer of the terms and conditions under which BORN TO BIO proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by BORN TO BIO to the consumer (above and hereinafter "the Buyer"). They apply, without restriction or reservation, to all sales of products offered by BORN TO BIO on its Site.

Consequently, the fact for the Buyer to order a product offered for sale on the BORN TO BIO Website implies full and complete acceptance of these General Conditions of Sale, of which the Buyer acknowledges having read prior to his Order.

BORN TO BIO reserves the right to modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.

These General Conditions of Sale (hereinafter "GTC" or "General Conditions of Sale") supplement the general conditions of use of the Site www.born-to-bio.com, available at any time in the various sections of the Site and applicable to the Buyer.

ARTICLE 2 – IDENTITY OF THE COMPANY

Name: Bio Seasons Laboratories

Address: 331 Rue de la Rotonde, 42153, Riorges

Siren : 878 556 778 00016

VAT number: FR 23 878 556 778

ARTICLE 3 – FORMATION OF THE CONTRACT AND ORDERS

3.1. Prices

Free delivery only concerns Metropolitan France and is not available for other countries.

The selling prices of the products online on the BORN TO BIO Website, indicated in euros, are those in force at the time of the placing of the Order by the Buyer. The selling prices of the products can be modified by BORN TO BIO at any time. This modification will be notified to the Buyer before any Order. The prices are applicable in the context of distance selling.

These prices do not include shipping costs, invoiced in addition to the price of the products purchased. The shipping costs will be indicated before the registration of the Order by the Buyer. The different shipping methods are provided for below in the T&Cs and may be modified at any time by BORN TO BIO. Thus, BORN TO BIO advises any Buyer to regularly consult the T&Cs appearing on the Website.

Prices include value added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will automatically be passed on to the price of the products sold by BORN TO BIO on its Website.

3.2. Product Features

The Buyer can select one or more products from the different categories offered on the BORN TO BIO Website.

BORN TO BIO is likely to modify at any time the assortment of products offered for sale on its Website, depending in particular on the constraints related to its supply and its management of collections, without prejudice to the Orders placed by the Buyer.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his Order, take note, on the BORN TO BIO Website, of the essential characteristics of the product(s) he want to order.

The products comply with the French legislation in force. BORN TO BIO cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered. It is up to the Buyer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services that he plans to order.

BORN TO BIO cannot guarantee that the information on the packaging of the products is translated into all the languages of the European Union. However, this information is available at least in French.

For any questions relating to the products and their use, any additional questions or requests for advice, the Buyer may contact Born to Bio Customer Service by e-mail at shop@bioseasons.com or by phone at 04 77 60 70 03.

 

 

3.3 Availability

The offers presented by BORN TO BIO are valid as long as they are announced on the Site and within the limits of available stocks.

In any case, and in the event of total or partial unavailability of products after placing the Order, the Buyer will be informed by e-mail as soon as possible of the unavailability of the product and of the total cancellation or part of his order.

In the event of total cancellation of the Order:

– The Buyer's Order will be automatically canceled and his bank account will not be debited.

– The BORN TO BIO Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him to renew his Order, with the exception of the unavailable product.

In the event of partial cancellation of the order:

– The Buyer's Order will be validated and his bank account will be debited for the entire Order,

– The Buyer will be delivered available products,

– Pursuant to the provisions of Article L 121-20-3 of the Consumer Code, the Buyer will be reimbursed for the price of the product ordered which is not available as soon as possible by BORN TO BIO bank.

3.4. Order

Any Order implies acceptance of these General Conditions of Sale, and of the Legal Notices, without prejudice to the specific contractual conditions concluded between the Parties.

The Buyer has the possibility to check the details of his draft Order and to correct any errors.

From the moment the Buyer confirms his order by clicking on the "Validate your payment" icon (hereinafter and above "the Order"), he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel his Order.

Upon receipt of the Order, he may exercise his right of withdrawal under the conditions provided for in Article 6 of these General Conditions of Sale.

 

 

The sale will be final at the time of the Order by the Buyer. This Order will be confirmed by BORN TO BIO by sending an email to the Buyer (the "Order confirmation email").

In addition, BORN TO BIO reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the BORN TO BIO Website, including on the occasion of previous Orders.

A second e-mail will be sent to the Buyer when his Order is dispatched.

BORN TO BIO recommends that the Buyer keep these two emails on paper or computer. The Buyer is informed that the two e-mails will be sent to the e-mail address entered by the Buyer at the time of his registration at the time of his identification, prior to placing the Order.

Thus, in the event of an error in entering the e-mail address concerned, or non-receipt of the Order confirmation e-mail message, BORN TO BIO cannot be held liable. In this case, the sale will be considered final, except in cases of cancellation of the Order by BORN TO BIO, in particular for unavailability of the products. The Buyer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 6 of these General Conditions of Sale.

ARTICLE 4 – PAYMENT

4.1. Means of payment

The Buyer guarantees BORN TO BIO that he has the necessary authorizations to use the method of payment he has chosen for his Order, when registering the Order.

The bank cards accepted on the BORN TO BIO Website and from BORN TO BIO Customer Service are as follows: Carte Bleue, Visa. These payment cards must be issued by a bank or financial institution located in the European Union.

4.2. Means of payment

 

 

 

Payment can be made when the Buyer orders online.

 

 

The Buyer may also pay for his Order using one of the means of payment referred to above, with BORN TO BIO Customer Service.

All Orders are payable in euros, including all taxes and mandatory contributions. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

Penalties of an amount equal to the legal interest rate may, at BORN TO BIO's discretion, be automatically applied to amounts unpaid at the end of a period of ten days following the date of the Order or upon notification rejection of bank payment.

In addition, BORN TO BIO reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the BORN TO BIO Website, including on the occasion of previous Orders.

4.3. Security in payment transactions

In order to ensure the security of payment by bank card, the Buyer must send BORN TO BIO the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.

In addition, BORN TO BIO reserves the right to request a photocopy of the Buyer's identity card and/or, if applicable, bank card (front only) for any payment by bank card and/or any information relating to the identity of the Buyer. The Buyer has a right to access, rectify and delete personal data concerning him processed by BORN TO BIO, under the conditions provided for in article 2.3 of the General Conditions of Use.

As part of the fight against fraud on the Internet, information relating to the Buyer's Order may be transmitted to any third party authorized by law or designated by BORN TO BIO for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the delivery envisaged.

BORN TO BIO uses a secure payment tool, called “STRIPE payment”. Payment security is based on the authentication of the Buyer, and on the confidentiality of all data. To ensure this security, “STRIPE payment” uses proven cryptography techniques and complies with the various banking regulations applicable in France.

 

 

 

ARTICLE 5 – DELIVERY

 

 

5.1. General rules

 

 

 

The products ordered by the Buyer in accordance with these GCS will be delivered to the address indicated by the Buyer as the delivery address on the Order concerned (“Delivery address”).

 

Only orders to be delivered in the following countries can be honored:

 

– Metropolitan France (including Corsica) and Monaco,

 

– Belgium, Luxembourg, Switzerland

Purchase invoices are sent by e-mail to the e-mail address indicated by the Buyer when registering on the BORN TO BIO Website.

5.2. Characteristics of the delivery methods of the Www.born-to-bio.com Site

5.2.1. Delivery methods for Metropolitan France (including Corsica) and Monaco

 

 

– Colissimo delivery from La Poste

 

 

The package containing the products ordered and paid for is deposited in the mailbox at the Delivery Address.

 

 

In the event that the mailbox is insufficient in size, the parcel is delivered to the home and delivered either to the Buyer or to the recipient of the Order, or, at the discretion of La Poste, to another person, in particular any person attached to his service, residing with him, specially mandated, provided with a power of attorney or even to an identified third party.

 

 

When the parcel could not be delivered for the reasons mentioned above (insufficient size of the mailbox and/or absence of the recipient), the Buyer or the recipient of the Order receives a delivery notice, allowing him to withdraw the package at the post office indicated in the transit advice note, for a period of 14 days.

 

 

After this time, the package is returned to the sender. In this case, the Buyer will be reimbursed for the amount of the Order, delivery costs deducted, by any means, according to BORN TO BIO.

 

 

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of La Poste being authentic.

 

 

– Delivery to a Mondial Relay Relay Point

 

 

 

The package containing the products ordered and paid for is deposited at the Mondial Relay relay point chosen by the Buyer when placing the Order. The Buyer is then informed by e-mail (to the e-mail address indicated by the Buyer when placing the Order; thus, in the event of an error in entering the e-mail address concerned, or of non-receipt of the electronic order confirmation message, the responsibilities of BORN TO BIO and Mondial Relay cannot be engaged) by Mondial Relay that he can come and collect his parcel there before a period of 14 days. A valid identity document of the Buyer must be presented for the withdrawal of the package.

 

 

 

After the 14-day period, the package is returned to the sender. In this case, the Buyer will be reimbursed for the amount of the Order, delivery costs deducted, by any means, according to BORN TO BIO.

 

 

 

No dispute relating to the withdrawal of the parcel itself is possible if the parcel appears to have been withdrawn, the computer system (flashing) of the relay point being authentic.

 

 

5.2.2. Delivery methods for the other countries mentioned in article 5.1

 

 

Note that BORN TO BIO reserves the right to change international carrier if it deems it necessary. It is understood that this BORN TO BIO choice will have no consequences for the Buyer.

 

 

– Delivery by La Poste (Belgium, Luxembourg, Switzerland

 

 

The terms of delivery by local postal services differ from country to country.

 

 

In general, upon delivery, a distribution slip or an acknowledgment of receipt must be signed by the Buyer or the recipient of the Order.

 

 

This acknowledgment of receipt is proof of delivery by BORN TO BIO, and of receipt by the Buyer or the recipient of the Order, of the products ordered.

 

 

When the package could not be delivered in the absence of the Buyer or the recipient of the Order, the Buyer or the recipient of the Order generally receives a notice of passage, allowing him to withdraw the package from the office of position indicated in the transit advice note, for a period of 10 to 21 days. However, the terms of delivery varying from one country to another, the Buyer is invited to regularly consult the tracking of his package, via the link present in the e-mail informing the Buyer of the dispatch of his Order, to obtain information relating to the delivery of his Order.

 

 

In the event that the package is not collected within 10 to 21 working days of receipt of the delivery notice (or failing that, the first delivery attempt from the local postal service), the package will be returned. to BORN TO BIO and the Buyer reimbursed, by any means chosen by BORN TO BIO, the amount of his Order, delivery costs deducted.

 

 

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of the local postal service being authentic.

 

 

– Delivery to Mondial Relay Relay Point (Belgium, Luxembourg, Switzerland)

 

 

The procedures are the same as for mainland France (see point 5.2.1).

 

 

5.3. Procedures that must be followed when the package is damaged

 

 

– Delivery by La Poste:

 

 

• Do not open the package. Please note: opening the package excludes any recourse against La Poste and BORN TO BIO.

 

• Return the unopened package to the Post Office within five working days of delivery

 

• Establish a “spoliation report” with La Poste, or a report of anomaly (the name varies depending on the country)

 

• Report the anomaly to BORN TO BIO Customer Service:

 

– by email using the form provided in the Contact Us section,

 

– by telephone on 04 70 59 57 73 (price of a local call from France), or on +33 3 20 70 81 78 from abroad,

 

• The notification of incidents and the formulation of reservations must be made within 3 working days.

 

 

– Delivery by Mondial Relay:

 

 

 

• Do not open the package. Please note: opening the package excludes any recourse against Mondial Relay and BORN TO BIO.

 

• Leave the package at the relay point.

 

• Report the anomaly to BORN TO BIO Customer Service:

 

– by email using the form provided in the Contact Us section,

 

 

5.4. Procedure that must be followed in the event of a missing or damaged product

 

 

The Buyer or the recipient of the Order must report the absence or deterioration of the product to BORN TO BIO Customer Service.

 

– by email using the form provided in the Contact Us section,

 

 

The BORN TO BIO Customer Service may request any information relating to the identity of the Buyer or the recipient of the Order and carry out any useful checks on this occasion.

 

 

 

5.5. Delivery delay

 

 

 

Delivery times to mainland France and Monaco are as follows:

 

 

– Colissimo de La Poste: 3 to 4 working days

 

– Mondial Relay Relay Point: 3 to 4 working days

 

 

For Corsica, delivery times are extended by 1 to 2 working days.

 

 

Delivery times begin to run as soon as the Order confirmation email is sent.

 

 

 

In case of exceeding these deadlines exceeding 7 working days and not due to a case of force majeure, the Buyer will have the possibility, within a maximum period of sixty working days running from the exceeding of the maximum deadline indicated for the delivery of the products , to cancel his Order:

 

– by email using the form provided in the Contact Us section,

In the event that this investigation, the result of which will be taken as proof of the dispute concerned, reveals a fault exclusively attributable to BORN TO BIO or to the carrier, BORN TO BIO will reimburse all the sums paid by the Buyer and collected by BORN TO BIO under the Order in question, provided that the entire Order is returned by the Buyer to BORN TO BIO. The refund will be made as soon as possible and at the latest within fourteen days following the date on which the Buyer exercised his right to obtain the cancellation of his Order.

 

 

Otherwise, if the Order is not returned in full or if the investigation does not reveal any fault exclusively attributable to BORN TO BIO or to the carrier, the Buyer cannot claim either reimbursement of the sums paid by him, nor to a new delivery of the products ordered, unless he demonstrates, by any means, that he is not responsible.

 

 

 

ARTICLE 6 – RIGHTS AND DEADLINES FOR WITHDRAWAL

 

 

6.1. Deadline for exercising the right of withdrawal

 

 

 

In accordance with article L. 121-20 of the French Consumer Code, the Buyer has a period of 14 (fourteen) clear days from the day of receipt of the package containing the products ordered, to exercise his right to legal withdrawal.

 

However, anxious to ensure the satisfaction of its Buyers and Order recipients, BORN TO BIO accepts returns by post or by deposit at a Mondial Relay Point for two (2) months from the date of receipt of the Order.

 

 

6.2. Consequences of exercising the right of withdrawal

 

 

The Buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products may obtain a refund corresponding to the amount of the returned products.

 

 

6.3. Return fees

 

 

 

In accordance with article L121-20 of the French Consumer Code, the return costs will remain the responsibility of the Buyer except in the event of lack of conformity of the products delivered with respect to the Order (in this case these return costs will be borne by BORN TO BIO).

 

However, to make life easier for its Buyers, BORN TO BIO will take charge of all returns by post from Metropolitan France, including Corsica, during the period for exercising the right of withdrawal specified in Article 6.1.

 

 

 

6.4. Modalities for exercising the right of withdrawal

 

 

 

The right of withdrawal is exercised by the Buyer or by the recipient of the Order by returning the products concerned by post (mail/parcel, etc.) or by deposit at a Point Relais Mondial Relay, using the label sent by BORN TO BIO via email. The Buyer can only exercise his right of withdrawal on the condition that he has neither used nor even tried the products. Returned products will only be accepted intact and in their original packaging.

 

The products must be accompanied by the Order number.

 

Returns of products returned beyond the 2 month withdrawal period will not be accepted.

 

The Buyer or the recipient of the Order who wishes to exercise his right of withdrawal by returning a product by post/parcel must send the parcel or post to the following address:

 

 

Microcosm

 

Service retours Born to Bio

 

331 Rue de la Rotonde, 42153 Riorges

 

BORN TO BIO does not accept parcels or mail sent postage due.

 

 

 

ARTICLE 7 – RETENTION OF OWNERSHIP

 

 

BORN TO BIO retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

 

 

 

ARTICLE 8 – INTELLECTUAL PROPERTY

 

 

The BORN TO BIO brand, as well as all figurative or non-figurative brands and all illustrations, images and logotypes and any content appearing on the Site (including but not limited to these General Conditions of Sale) are and will remain the property exclusive BORN TO BIO or of the holder of the intellectual property rights concerned.

 

 

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, written and prior consent of BORN TO BIO or the holder of the intellectual property rights concerned is strictly prohibited. The same applies to all copyrights, designs and models, patents appearing and/or used on the Site.

 

 

 

ARTICLE 9 – SIGNATURE AND PROOF

 

 

BORN TO BIO works to protect the personal information of its customers by ensuring a high level of security, but the Buyer also has a role to play in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not communicating his username (Buyer's e-mail address) and/or password to anyone and by changing his password regularly. As such, BORN TO BIO cannot be responsible for the disclosure of information concerning the Buyer to any individual who has used his identifier (Buyer's e-mail address) and/or his password.

 

 

As such, the use of the identifier (e-mail address of the Buyer) and/or the password of the Buyer will constitute proof of his identity, and payment, upon validation of the Order, of the sums corresponding. BORN TO BIO can in no way be held responsible for the fraudulent use of this information.

 

 

The provision of the credit card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums incurred by the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems BORN TO BIO and its partners will be considered as proof of communications, Orders and payments made between the Parties.

 

ARTICLE 10 :

10.1. Ability

The Buyer, prior to his Order, declares to have full legal capacity, allowing him to commit to these General Conditions of Sale. BORN TO BIO can under no circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person without legal capacity ordered items on the BORN TO BIO Website, their legal guardians (parents, guardians, in particular) would assume full responsibility for this Order and should in particular honor the price.

 

10.2 – Warranties

The Buyer benefits from the provisions of the legal guarantee of conformity pursuant to articles L.211-4 et seq. of the Consumer and Guarantee Code of latent defects pursuant to articles 1641 and following of the Consumer Code.

 

Legal guarantee of conformity:

 

The Consumer Code provides that:

 

Article L217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

Article L217-5 :

The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter has presented to the Customer in the form of a sample or model;

– if it has the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

 

Article L217-6

The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.

 

Article L217-7

The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

 

Article L217-8

THE Customer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.

 

Article L217-9

In the event of a lack of conformity, the Customer chooses between the repair and the replacement of the good.

However, the seller may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Client.

 

Article L217-10

If the repair and replacement of the good is impossible, the Customer can return the good and have the price refunded or keep the good and have part of the price refunded.

The same option is open to him:

1° If the solution requested, proposed or agreed pursuant to article L. 217-9 can not be implemented within one month of the Customer's complaint;

2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking.

However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

 

Article L217-11

The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the Client.

These same provisions do not preclude the award of damages.

 

Article L217-12

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Article L217-13

The provisions of this section do not deprive the Customer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 [_0127_5_1 ]of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.

 

Article L217-14

The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of civil code.

In the event of a lack of conformity of the Product, in particular due to an anomaly or an error in the references delivered, the Customer may choose to return the Product to BORN TO BIO and obtain a refund.

Return costs will be reimbursed by BORN TO BIO at the Customer's request.

For any complaint, the Customer may contact BORN TO BIO at the following address: shop@bioseasons.com.

 

Warranty against hidden defects:

 

The Civil Code provides that:

 

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the Client would not have acquired it, or would have given only a lower price for it, if he had known about them.

 

Article 1644 Civil Code: In the case of articles 1641 and 1643, the Customer has the choice of returning the item and having the price returned, or keeping the item and having part of the price.

 

Article 1645 Civil Code: If the seller knew of the defects of the thing, he is liable, in addition to the return of the price he received, for all damages to the Customer.

 

Article 1646 Civil Code: If the seller was unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.

 

Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.

 

Within the framework of the legal guarantee against hidden defects, BORN TO BIO, according to the Buyer's choice, undertakes, after assessment of the defect either:

• to reimburse the full price of the Product concerned;

 

to reimburse part of the price of the Product if the Customer decides to keep it.

 

 

10.3. Limitation of liability

The detailed product sheet is the only contractual source.

The company BORN TO BIO under the obligations of these General Conditions of Sale may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or in a case of force majeure.

 

10.4 Operation and use of the site

BORN TO BIO is only bound by an obligation of means with regard to the operation and continuity of the Site. The Buyer cannot under any circumstances guarantee that it will operate without interruption.
The Customer acknowledges accepting that BORN TO BIO cannot be held responsible for interruptions or slowdowns of the Site or damage related to:

• to a fraudulent intrusion or maintenance of a third party in the Site, or to the illicit extraction of data, despite the implementation of security means in accordance with current technical data, with regard to known security techniques
• an interruption in the supply of electricity or transmission lines due to public or private operators;
• to access speeds to the Site, in particular from other websites, speeds of opening and consulting the pages of the Site, external slowdowns, suspension or inaccessibility of the Service,
• the fraudulent use by the Buyer or third parties of all the information made available on the Site,
• to facts due to a case of force majeure, to an administrative authority, or facts of third parties, as defined by case law and in particular the public or private Internet network which may, if necessary, lead to the suspension or termination of the Service,
• if the service offered by the Site proves to be incompatible or malfunctions with certain software, configurations, operating systems or equipment that you use.

The Purchaser is solely responsible for the use of the service offered by the Site and the information or content to which he accesses.

The Site reserves the right, without notice or compensation, to temporarily or permanently discontinue a service or all the services offered from the Site.

It is the Buyer's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion and to carry out all backups of his data, the Site cannot be held responsible for this.

The Site reserves the right to make any changes and improvements it deems necessary or useful.

The Site may contain hypertext links to other websites, which are subject to their own rules of use and in particular concerning the use of the Buyer's personal data. The Buyer is advised to read the rules of use of these sites and in particular those applicable to his personal data. The Site makes no commitment regarding these other websites to which the Customer may have access via the Site, in particular with regard to their content, their operation, access to these sites and the use of their personal data by them. .

The creation of hypertext links, deep or not, to the Site is strictly prohibited.

 

10.5. Illegal content/Good morals

Any action by the Buyer which would have the purpose of restricting or preventing another Buyer from using or benefiting from the Site is strictly prohibited. BORN TO BIO reminds that the Buyer may only use the Site for legal purposes and that he is prohibited from publishing or transmitting through the Site any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive material. to human dignity. In the event that BORN TO BIO is informed of the presence of illegal content on the Site, it would be entitled to immediately remove the content. BORN TO BIO also reserves the right to take all necessary measures to enforce its rights. BORN TO BIO may electronically monitor posted materials and public areas of the Site to verify compliance with the above requirements.

 

 

 

 

ARTICLE 11 – PERSONAL DATA

BORN TO BIO collects personal data from the Buyer as well as, where applicable, that of the recipient of the Order. The Purchaser is informed that this automated processing of information, in particular the management of users' e-mail addresses, has been declared to the CNIL (declaration n°1564952).

In accordance with the Data Protection Act of January 6, 1978, the customer has the right to access, modify, rectify and delete personal data concerning him.

Data encryption and backup

Our website is secured via the HTTPS protocol. This means that no data sent to our site passes through unencrypted. Your personal information is then stored on a secure server.

We do not store your bank details on our website. To make the payment, you are redirected to the secure site of our bank, Crédit Mutuel. Data is also encrypted on this site.

Data usage

The personal data you provide to us is only used to ship your order. However, it is possible that we contact you by email or telephone, but only in connection with the delivery of your package. We do not record telephone conversations.

We will never communicate your personal data to third parties. By placing an order on our site, you nevertheless accept that your information (name/address/telephone/email) will be entered on the site of the carrier you have chosen in order to allow the sending of your package.

Data deletion

At any time, you can ask to erase all of your personal data by contacting us via our contact form or by telephone.

Beyond 3 years without an order made on our site, your data will be automatically deleted, and the subscription to our newsletter, if you were subscribed to it, will be interrupted.

In the event of the collection of personal data relating to a minor, the parental authority has the ability to oppose their storage and/or transmission to third parties.

ARTICLE 12 – MODIFICATIONS

BORN TO BIO reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, BORN TO BIO advises the Buyer, and in general to any user, to re-read the Terms and Conditions and the Legal Notices of the Site regularly. The Order will be subject to the T&Cs in effect at the time of the Order.

ARTICLE 13 – GENERAL

13.1. Partial invalidity

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

13.2. Non-waiver

The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question.

13.3. Applicable law, mediation and competent jurisdiction

Sales of products by BORN TO BIO are subject to French law regardless of the Buyer's country of residence and the place of placing the Order.

DISPUTES:

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the consumer mediator responsible for the professional, namely AME CONSO, within a period of one year from the written complaint addressed to the professional.

Referral to the consumer ombudsman must be made:

• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
• or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

The Client remains free to accept or refuse the use of mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. In the absence of an amicable solution or recourse to mediation, all disputes to which the general conditions of sale could give rise will be submitted to the competent court in application of the rules laid down by the code of civil procedure and the consumer code.

In addition, the European Commission provides an out-of-court online dispute resolution platform (OS platform), accessible at https://ec.europa.eu/consumers/odr
The Bio Seasons Laboratories email address is as follows: contact@laboratoiresbioseasons.com

13.4. Duration

The T&Cs apply for the entire duration of the online publication of the products offered by BORN TO BIO until the end of the contractual and legal guarantee periods. In any event, the “Liability” clause will survive the termination of the GTC.

For any information, you can contact Customer Service

– by email using the form provided in the Contact Us section,