Preamble

 These general conditions of sale apply to all sales concluded on the Bionetal website.

The website https://bionetal.com is a service of:

• The Hepro company
• Located 17 Pôle d’Activités Crau Durance 13670 St Andiol France,
• Site URL address: https://bionetal.com
• E-mail: info@bionetal.com
• Telephone number: +33 (0)4 84 250 500

The Bionetal website sells the following products: Cleaning and maintenance products.

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

Article 1 - Principles

 These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the website www.bionetal.com and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions at any time, the version applicable to the Customer's purchase is that in force on the date of his order.

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 headquartered in France.

 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 offered by the seller to the buyer, from the website www.bionetal.com.

These conditions only concern purchases made on the site www.bionetal.com and delivered exclusively in mainland France or Corsica. For any delivery in the French Overseas Territories or abroad, you should send a message to the following email address: contact@hepro.fr.

These purchases concern the following products: all products offered on the site www.bionetal.com.

Article 3 - Pre-contractual information

 The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner:

• the essential characteristics of the property;
• the price of the good and/or the method of calculating the price;
• if applicable, all additional transport, delivery or postage costs and all other possible costs payable;
• in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price;
• information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions;
•  the possibility of resorting to conventional mediation in the event of a dispute;
•  information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products;
•  the means of payment accepted.

Article 4 - The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered.

In order for the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the website. www.bionetal.com. When the Customer places his order, he must confirm it using the “double-click” technique, that is to say, after having selected products added to the basket, the Customer must check and possibly correct the content of the order. his basket (identification, quantity of products selected, price, terms and delivery costs, etc.) before validating it by clicking on “validate my delivery”, then he acknowledges accepting these T&Cs before clicking on the “pay” button, finally he validates his order after having filled in his bank details. The “double click” is equivalent to “electronic signature” and is equivalent to a handwritten signature.

The sale will be considered final:

• after sending the buyer confirmation of acceptance of the order by the seller by email;
• and after collection by the seller of the entire price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including default of 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.

For any questions relating to the tracking of an order, the buyer can call the following telephone number: (+33) 04 84 250 500, on the following days and times: Monday to Friday, from 8:30 a.m. to 17 p.m., or send a email to the seller at the following email address: info@bionetal.com.

Article 5 – Order validation

 The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

• payment of sums due under the purchase order;
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: (+33) 04 84 250 500.

Article 6 - Order confirmation

 The seller provides the buyer with an order confirmation by email.

 Article 7 - Proof of the transaction

 The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 8 - Product information

 The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. 

Article 9 - Price

 The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.

 Article 10 - Method of payment

 It is an order with obligation of payment, which means that the placing of the order implies a payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following terms:

• Credit card
• PayPal
• Bank transfer
• Cheque

Article 11 – Availability of products – Reimbursement – ​​Resolution

 Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.

Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the time limit is 5 days for home delivery and 8 days to Relay Points, starting from the day following that on which the buyer placed their order. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Terms of delivery

 Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, 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 deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated.

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

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

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

Article 13 - Delivery errors

 Not applicable

Article 14 - Product warranty

 14-1) Legal guarantee of conformity

The Seller is liable for defects in the conformity of the goods sold in accordance with articles L. 217-3 et seq. of the Consumer Code, as well as the legal guarantee against hidden defects in articles 1641 et seq. of the Civil Code.

If you act under a legal guarantee of conformity, you:

– benefit from a period of two (2) years from the delivery of the product to take action;

– can choose between repair or replacement of the product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

– are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods, except for second-hand goods for which the period is now twelve (12) month.

Any repair of the original item, new or used, occurring within the framework of this warranty, will result in a six (6) month extension of said warranty.

Any replacement implemented by our company within the framework of this guarantee will result, from receipt of the replacement product, in a new legal guarantee of conformity period attached to the replaced product. Please note: when the item is replaced at your request, the legal guarantee of conformity cannot be renewed.

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

You can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the civil code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

 Article 15 - Right of withdrawal

15.1 Principles

Under the terms of article L.221-18 of the Consumer Code, the buyer has a period of 14 calendar days to exercise their right of withdrawal without having to give reasons for their decision.
This period runs from the day after receipt of the product or from receipt of the last product for an order for several products delivered separately.

15.2 Conditions for exercising the right of withdrawal.

To exercise his right of withdrawal, the buyer informs the seller of his decision to withdraw either by sending the standard withdrawal form in Appendix 1 of these General Conditions of Sale, or by sending any unambiguous declaration expressing his desire to withdraw, before the expiration of the 14-day period mentioned in article 15.1:

– by post to the following address: BIONETAL – SARL HEPRO 17 Pôle d’Activités Crau Durance 13670 St Andiol
– by email to the following address: – info@bionetal.com. The seller acknowledges receipt, without delay, of the Customer's withdrawal by email.

In accordance with article L221-22 of the Consumer Code, the burden of proof of exercising the right of withdrawal rests with the Customer.

15.3 Exceptions
With regard to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:
– services fully executed before the end of the withdrawal period and whose execution began after the express agreement of the Customer and express waiver of his right of withdrawal
-goods made according to the Customer's specifications or clearly personalized
-goods likely to deteriorate or expire quickly
– goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection

15.4 Conditions for returning items

The Customer has a period of 14 calendar days from the communication of his decision to withdraw to return his item to Bionetal, in a suitable box, to the following address:
BIONETAL SARL HEPRO

17 Crau Durance Business Center

13670 St Andiol

Return costs are the responsibility of the Customer.

ARTICLE 16 – FORCE MAJEURE

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

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

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

Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

 Article 18 - Data processing and Freedoms

The personal data provided by the purchaser are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site.

Article 19 - Partial non-validation

If one or more stipulations of these general 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 stipulations will retain all their force. and their scope.

 Article 20 - Non-waiver

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

 Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 23 – Mediation and dispute resolution

This contract is subject to French law. Any complaints must be addressed to our company. In the event of an unsatisfactory response, the Customer sends his request for amicable settlement by writing to:

the French Association for the Defense of European Consumers (AFDCE) 115 rue Louis Armand 13290 Aix-en-Provence Mail: secretariat@afdce.org Tel: 04 42 94 85 54.

If the response to his complaint does not satisfy him or if he has not received a response two (2) months after filing his complaint, the Customer has the possibility of contacting the Consumer Mediator:

-Either in writing to: Mrs. Eliane SIMON, mediator Sas Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82 53 93 06

– Or by email to: contact@sasmediationsolution-conso.fr

– Either by completing the online form entitled “Report the mediator” on the site https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the request must contain:

– The postal, telephone and electronic contact details of the applicant,

– The name and address of the professional concerned,

– A brief statement of the facts,

– Proof of the preliminary steps taken with the professional.

Article 24 - Applicable Law

Any dispute is subject to French law.

The consumer may refer the matter either to one of the territorially competent courts under the code of civil procedure, or to the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

 Article 25 - Protection of personal data

• Data collected: The personal data collected on this site are as follows:

• account opening : when creating the user's account, their name; first name ; email address ; Phone Number ; address ;
• connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use and location data and his payment data;
• profile : the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
• payment : as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
• communication : when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;
• Cookies : cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Telephone canvassing

You have the right to register free of charge on the Bloctel opposition list, managed by the company Opposetel, in order not to be the subject of commercial solicitations by telephone. Registration on this list does not, however, prohibit BIONETAL from contacting you for prospecting purposes during the duration of your contract, unless you have specifically exercised your right of opposition in order to no longer receive commercial offers.

 Use of personal data

 The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

• access and use of the website by the user;
• management of the operation and optimization of the website;
• organization of the conditions of use of the Payment Services;
• verification, identification and authentication of data transmitted by the user;
• offering the user the possibility of communicating with other users of the website;
• implementation of user assistance;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
• management of any disputes with users;
• sending commercial and advertising information, based on user 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 payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes publicly available information in the free comment areas of the website;
• when the user authorizes the website of a third party to access his data;
• when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
• if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and legal procedures;
• if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

 The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized 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 on the internet.

Implementation of user rights

 In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address:

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
• the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

Evolution of this clause

 The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification 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 has the option of deleting his account.

Annex 1 : Formulaire de retractation

Annex 2 : Consumer Code