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Legal Informations

 

This translated version of the terms and conditions of use and sale was produced for indicative purposes only, and do not replace the original French version.

Only the French version of the general conditions of use and sale is valid. This version is a translation for the information of our non-French speaking visitors.

1. Website presentation. 
 
Regarding article 6 of French law n°2004-575 of June 21, 2004, on confidence in the digital economy users of the website "www.biosample.fr" are informed of the identity of the various stakeholders as part of its implementation and monitoring :
Owner & Host: BioSample - LLC registered under the number 823 394 150 00036 with a Capital of 65 000€ - Headquarter at 69 rue Gorge de Loup, 69009 LYON, FRANCE
CEO of the company: Baptiste DROIN (Managing Director) - Phone number: 04 26 17 18 55 - Mail: contact@biosample.fr
Creator & Webmaster: Kevin LAVILLE - Phone number: 04 26 17 18 55 - Mail: contact@biosample.fr
 
 
2. General condition of use and sale of the website and its services.
Use of the website "www.biosample.fr" implies full acceptance of the general condition of use described below. These conditions of use are likely to be modified or supplemented at any time. Users of the website "www.biosample.fr" are therefore invited to consult them regularly. The general sales conditions are also available to consult before entering into a contract with BioSample.
The website "www.biosample.fr" is set up to be accessible by everyone at all times. An interruption of access due to technical maintenance or regional restriction may however be decided by BioSample, which will then endeavor to communicate to visitors beforehand the dates and times of the intervention. In case of a lack of such communication, BioSample can't be held responsible. The website "www.biosample.fr"  is updated regularly by the webmaster. Likewise, the legal notice can be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become acquainted with them.
 
3. Description of provided services.
The purpose of the "www.biosample.fr" website is to provide information on the BioSample company and its activities and services. BioSample strives to provide as accurate information as possible on "www.biosample.fr". However, nether BioSample and "www.biosample.fr" can not be held responsible for omissions, inaccuracies, and deficiencies in the update, whether by itself or by third-party partners who provide it with information. All the information on the website "www.biosample.fr" is given as an indication and is likely to evolve. Furthermore, all information on the website "www.biosample.fr" is not exhaustive. They are given subject to modifications since they were put online.
 
4. Contractual limitation on technical data.
The website "www.biosample.fr" uses mostly Drupal technology. The website "www.biosample.fr" and BioSample can't be held responsible in case of material damage linked to the use of the website. Moreover, the visitor of the website "www.biosample.fr" commits to access and navigate through the website "www.biosample.fr" with proper material, without any kind of malware or viruses, with a recent web browser.
 
 
5. Intellectual property and counterfeits.
BioSample owns the intellectual property right and holds the rights to use all elements accessible on the website "www.biosample.fr", including text, images, graphics, logos, icons, sounds, and software. Any reproduction, representation, publication, modification, or adaptation of all or part of the elements of the website "www.biosample.fr", whatever the means or process used, is prohibited without the prior written consent of BioSample. Any unauthorized use of the element it contains will be considered as constituting an infringement and prosecuted following the provision of articles L.335-2 and following of the French Intellectual Property Code. The images used on the website "www.biosample.fr" are the creation of BioSample or have been legally purchased. They are therefore the exclusive property of BioSample and any unauthorized use or copying is prohibited.
 
 
6. Limitations of liability.
BioSample cannot be held liable for any direct or indirect damage caused to the user's equipment when accessing the www.biosample.fr website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, either the appearance of a bug or an incompatibility. BioSample cannot also be held responsible for indirect damages (such as for example a loss of market or loss of a chance) resulting from the use of the website www.biosample.fr. Interactive spaces (possibility to ask questions in the contact area) are available to users. BioSample reserves the right to remove, without prior notice, any content posted in this space that would violate the law applicable in France, in particular the provisions relating to data protection. Where applicable, BioSample also reserves the right to question the civil and / or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text , photography…). Users are encouraged to contact the website manager in case they encounter this kind of content (Kévin LAVILLE - contact@biosample.fr).
 
 
7. Management of personal data.
In France, personal data is protected in particular by law n ° 78-87 of January 6, 1978, law n ° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995. When using the www.biosample.fr website, the following may be collected: the URL of the links through which the user accessed the www.biosample.fr website, the supplier of user access, the user's Internet Protocol (IP) address. In any case, BioSample only collects personal information about the user for the need of certain services offered by the website www.biosample.fr. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the website www.biosample.fr the obligation or not to provide this information. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the response must be sent. No personal information of the user of the website www.biosample.fr is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of redemption of BioSample and its rights would allow the transmission of such information to the possible purchaser who would in turn be bound by the same obligation to store and modify data with regard to the user of the website www. .biosample.fr. The aforementioned website is declared to the CNIL under number 2020543. The databases are protected by the provisions of the law of July 1, 1998 transposing Directive 96/9 of March 11, 1996 on the legal protection of databases.
 
 
8. Hypertext links and cookies.
The www.biosample.fr website contains a number of hypertext links to other websites, provided with permission from BioSample. However, BioSample does not have the ability to verify the content of the websites visited, and therefore assumes no liability for this fact. Browsing the www.biosample.fr website may cause the installation of cookie (s) on the user's computer. A cookie is a small file, which does not allow the user to be identified, but which records information relating to the navigation of a computer on a website. The data obtained are intended to facilitate subsequent navigation on the website, and are also intended to allow various measures of attendance. Refusing to install a cookie may make it impossible to access certain services. The user can however configure his computer as follows, to refuse the installation of cookies: In Internet Explorer: tool tab (pictogram in the form of a cog in the top right corner) / internet options. Click on Privacy and choose Block all cookies. Validate on Ok. In Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Configure the Conservation rules on: use personalized parameters for history. Finally, uncheck it to disable cookies. In Safari: Click at the top right of the browser on the menu pictogram (symbolized by a cog). Select Settings. Click Show advanced settings. In the "Confidentiality" section, click on Content settings. In the "Cookies" section, you can block cookies. Under Chrome: Click at the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click Show advanced settings. In the "Confidentiality" section, click on preferences. In the "Confidentiality" tab, you can block cookies.
 
 
9. Applicable law and attribution of jurisdiction.
Any dispute in connection with the use of the www.biosample.fr website is subject to the French law. Exclusive jurisdiction is attributed to the competent courts of Lyon.
 
 
10. Main laws concerned.
Law n ° 78-17 of January 6, 1978, in particular amended by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms. Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy.
 
 
11. Lexicon.
User: Internet user connecting, using the aforementioned website.
Personal information: "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural person to whom it applies" (article 4 of law n ° 78-17 of January 6, 1978).

 DISCLAIMER - This translated version of the terms and conditions of use and sale was produced for indicative purposes only, and do not replace the original French version.

 Only the French version of the general conditions of use and sale is valid. This version is a translation for the information of our non-French speaking visitors.

 Translation : 25/03/2021

 General

 These terms and conditions of sale are, in accordance with article L 441-1 of the French Commercial Code, the basis of the commercial relationship between BioSample and its customers. No provision contrary to these general conditions of sale that may appear on order forms, letters with or without acknowledgment of receipt, general conditions of purchase or other documents emanating from the customer can not be opposed to BioSample if it has not been expressly accepted by BioSample. Any provision emanating from BioSample, which derogates from or supplements these general conditions of sale, will be considered as accepted by the customer in the absence of any written contestation on his part and transmitted to our services. The general conditions of sale are systematically communicated to any customer who requests them, to enable him to place an order with BioSample.

 Acceptance of the terms and conditions of sale and terms and conditions of use

 Any subscription to a BioSample service and any order for products implies, on the part of the customer, the acceptance of these terms and conditions of sale and, for online orders, of the terms and conditions of use of BioSample. The acceptance of the terms and conditions of sale and, for online orders, of the terms and conditions of use of BioSample, applies to the first order and the following ones.

 Price

 The prices of our products are in euros, excluding taxes, ex works and without packaging. They do not include participation in transport, any custom fee and/or insurance which remain at the customer’s expense. Fees may be charged for: delivery and packaging, dry ice and overpack for hazardous products. BioSample can also charge the customer with the cost of any “Fuel surcharges” that may be applied by the carrier. Unless otherwise stated, quotes are valid for 30 days. The prices displayed online are subject to variations. The products ordered are invoiced at the current price of the day the order is registered.

 Orders

 All orders can be placed by writing, email, fax, telephone (with written confirmation) or online (e-commerce). BioSample recommends that its customers check the information on the offers to correct any errors, before confirming any order. In the event of imprecise or contradictory wording (particularly concerning the delivery address), BioSample declines all liability for any delivery error that may occur. The resulting costs cannot be borne by BioSample. BioSample archives its offers and documents related to its activity, these documents may be accessed online and / or on request. BioSample reserves the right to refuse a sale, in particular if French regulations, those of the country of purchase and / or sale are not respected by: the customer, the final recipient, intermediaries, carriers. For online orders, the displayed stocks are directly synchronized with our activity management tools in order to provide the most reliable information possible, however it is possible that a gap exists between the displayed stock and the actual stock, in particular when several orders for the same references are made in a very short period of time, the available stocks are therefore displayed for information only and BioSample cannot be held responsible for an inaccuracy in the stocks displayed. Customers are encouraged to contact the BioSample team directly if it is necessary to reserve inventory in advance or more generally for any verification the customer may require.

 Product unavailability

 In case of unavailability of a product, BioSample will inform the customer as soon as possible. BioSample will then be able to offer various solutions to the customer; An exchange of the product for an equivalent product in terms of price and quality or a purchase voucher valid on a next order for the value of the missing product, or deferred delivery. The customer can then decide on the solution that suits him the most.

 Rules - Payment terms

 Unless a prior written agreement from BioSample’s Financial Service, the price is payable on order by the customer. No discount is granted for early payment. A lump sum indemnity of 40 euros for recovery costs, an amount which may be increased on justification, will be collected for failure to respect the payment deadlines. Late payment penalties are due in the absence of payment, the day following the payment deadline appearing on the invoice. These penalties are payable without any reminder being necessary. The interest rate for late payment penalties is equal to the rate of the European Central Bank plus 10 points, per year in proportion to the number of days late. Non-payment gives BioSample the possibility of automatically terminating any contract and/or order placed with the Customer and / or suspending orders or deliveries in progress, to the exclusive fault and grievance of the Customer. In the event of non-payment (s), the customer will bear, without any formal notice being necessary, the charge of all the costs, disbursements, accessories and fees generated by the recovery of the sums due, in particular in the event of recourse to a collection company, an additional penalty being due in any event by the customer for unpaid costs and corresponding to 15% of the principal amount due. In addition, any legal costs remains at the customer’s expense.

 Deliveries

 BioSample undertakes to make every effort to meet delivery deadlines and reserves the right to choose the most appropriate means of transport with regard to the goods to be transported, and the regulations. However, if the deadlines prove to be exceeded, this can in no case lead to damages and/or interests, or to the cancellation or total or partial refund of the order. The customer acknowledges being informed that for BioSample the delivery process stops once the goods have been handed over to the carrier. The customer thus recognizes that the carrier is solely responsible for the delivery of the goods and that BioSample cannot be held responsible in the event of failure to deliver or damage to the transported goods. BioSample however undertakes to provide assistance to the customer in order to facilitate any claim made to the carrier. Therefore, in the event of receipt of a damaged package, we recommend that customers refuse the package to the carrier, or write any issue encountered on the transporter’s delivery receipt about the quantity and quality of the products delivered in the event of loss, missing package or damage.

 Ownership retention clause

 The goods delivered to the customer remain the property of BioSample or its beneficiaries until full payment of the sale price, any interest, costs, fees and accessories. Considering the above, the delivery of draft, check, or other document creating an obligation to pay does not constitute a payment. Payment can only be considered made when the invoice amount has actually been collected by BioSample. In the event of non-payment of the goods by the agreed deadlines, BioSample reserves the right to repossess the goods without procedure. Return costs will be billed to the customer.

 Cancellation clause

 Any total or partial non-performance by the customer of one of these obligations or the non-compliance with any payment deadline may result, at BioSample's option, on the one hand in the forfeiture of the term and consequently, the immediate payment of the sums still due for any reason whatsoever, as well as the suspension of any delivery and / or the termination of current contracts. In this case, the termination of contracts will take place automatically and without judicial formality, at the end of a period of eight (8) calendar days after sending the customer a formal notice to pay by registered letter with acknowledgment of receipt, mentioning the intention to use this clause and remained without effect, without prejudice to the other rights of BioSample. In the event of the implementation of this termination clause, BioSample or its agent is expressly authorized to enter the customer's premises to regain possession of the products concerned by the article.

 Product uses

 All equipment and products marketed by BioSample are intended exclusively for the use defined by the manufacturers of the products concerned. BioSample accepts no liability for any misuse of these supplies considering their original destination. The users, alone, are responsible for the practices, manipulations and experiences carried out using the products sold.

  After-sales service - Complaints

 For any request or complaint, please contact the team by email: contact@biosample.fr or by phone: (+33)4 26 17 18 55.

 Right to retract

 In the event of distant selling to an individual, the consumer has the legal right to a withdrawal period of 14 calendar days (Article L121-20-12, of the Consumer Code). This means that they have a period of 14 days to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. This right of withdrawal does not apply, among other things, to started services, to goods or services whose price depends on the rates of a financial market and to personalized goods. This period is 14 clear days from receipt of the goods or acceptance of the offer for the provision of services.

 Returns

 BioSample has implemented a returns procedure. However, no return can be made without the written consent of BioSample. Unless otherwise expressly provided by BioSample, a condition of acceptance of returns is that the product be in new condition and repackaged in its original packaging without alteration. Unless expressly agreed by BioSample or obvious error by BioSample, return shipping costs are the responsibility of the customer. In the event of a customer's error and after acceptance of BioSample, the recovery costs are 25% of the amount of the product with a minimum of 45 € (these restocking costs include in particular the customs fees paid and not recoverable, certain bank charges , return shipping costs to suppliers and their own restocking costs). In any case, the customer engages his civil and / or criminal liability if the returned product is altered by chemical or biochemical or biological materials or any other alteration likely to constitute a risk or threat for third parties and / or for BioSample’s staff.

 Guarantee

 The warranty is strictly limited to the repair, replacement or reimbursement of products affected by a hidden defect or lack of conformity, to the exclusion of any other compensation for any reason whatsoever. The warranty does not apply to defects, failures or damage due to misuse, neglect or lack of maintenance, as in the case of normal wear and tear of the goods or in the event of force majeure. The merchandise must be delivered to BioSample or a carrier as per BioSample's instructions.

 Liability

 BioSample declines any liability in the event of an incident or non-accessibility on its site. The products offered comply with current French legislation. BioSample cannot be held responsible in the event of non-shipment of orders due to out of stock, temporary unavailability of the product, carrier strike or incident on its site, or any other event resulting from a case of force majeure or due to a third party. All the pictures are non-contractual, as are the descriptions and compositions, and BioSample cannot be held responsible in the event of an error or inaccuracy in these photographs or these texts.

 Toxics and dangerous substances

 The stabilities or toxicities are given according to the information of the suppliers of BioSample under their only responsibility, including in the event of erroneous characteristics or classes of toxicities. The absence of a warning should not be taken as a safety mark because, as a reminder, for many chemical, biological and biochemical substances there is no information explaining all the possible dangers. Consequently, the customer is responsible for verifying the dangers and carrying out the necessary research to know the dangers induced by the use of products purchased from BioSample. Dangerous products are not identified in the commercial proposals. It is the exclusive responsibility of the customer to control the nature of the risk associated with dangerous substances. The customer also has the duty to warn his own customers and the intermediaries (handlers, carriers) of the risk induced by using and or handling the products.

 Force majeure

 BioSample does not incur any liability in the event of force majeure. Performance of the obligation is delayed until the termination of the force majeure event. If the force majeure continues beyond two months, the order can be resolved without compensation on either side at the written request of one of the two parties. Force majeure is as defined by article 1218 of the Civil Code and specified by the case law of French courts.

 Nullity and modification of the terms and conditions

 If one or more of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain valid between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

 Intellectual property

 A sale does not result in any transfer of intellectual property; except in the case of a written contract signed by BioSample and the purchaser, expressly mentioning the transfer of intellectual property as well as its conditions.

 Data Protection Act

 The client is informed and accepts that BioSample collects and stores information about him for the proper processing of client requests. BioSample complies with the applicable laws in this area, EU Regulation 2016/679 of April 27, 2016 (known as GDPR) and the law of January 6, 1978 known as "Informatique & Libertés". The Client authorizes BioSample to process the data communicated to him within the framework of the services to fulfill his contractual and legal obligations. The transmission of data to third parties may be necessary for the performance of the services. The information collected is necessary for processing the sales order and for sending any subsequent documentation from BioSample or its partners. In accordance with the Data Protection Act, you have the right to rectify data concerning you. If you do not wish to receive commercial offers, simply notify the BioSample team by mail or fax. For any request concerning consultation and / or modification of your data, you can make contact us by email at rgpd@biosample.fr or by mail to the head office with acknowledgment of receipt.

  Modification of the general conditions of sale

 BioSample reserves the right to modify these general conditions of sale at any time and in such case, the modified conditions will apply to all orders placed after the modification date, even for orders subsequent, additional or related to previous operations. The customer has the option of reviewing the most recent version by visiting the BioSample website, or on request.

 Applicable law and attribution of jurisdiction

 These terms and conditions of sale as well as the contracts concluded in application are governed by French law. Any dispute relating to the interpretation or execution of the terms and conditions of sale or any contract concluded with a customer, which cannot initially be resolved amicably, will fall under the exclusive jurisdiction of the Commercial Court of Lyon.