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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).

1. Perimeter

These general conditions of sale constitute, in accordance with article L 441-6 of the French Commercial Code, the sole basis of the commercial relationship between BioSample and its customers. They apply without restrictions or reservations to all sales concluded by the Supplier, without the Buyer being able to oppose the clauses that may appear in its own documents, and in particular its general purchasing conditions. The general conditions of sale are systematically communicated to any buyer on request.
 
2. Customer account
Any subscription to BioSample's services and any order for Products implies, on the part of the Purchaser, the acceptance of these General Conditions of Sale and of the General Conditions of Use of the Supplier's website when ordering online.
 
3. Orders
Orders must be confirmed in writing with BioSample product references. Sales are only perfect after express acceptance in writing of the Buyer's order by the Supplier.
 
4. Prices
The prices of our products are exclusive of tax, ex works and additional packaging. They do not include participation in transport, any customs costs and insurance which remain the responsibility of the Buyer. Charges may be charged for: postage and packaging, dry ice and overpack for hazardous products. BioSample reserves the right to pass on any “Fuel surcharges” that may be applied by the carrier.
 
5. Payment terms
Unless the prior written agreement of BioSample's financial services, the price is payable on order by the customer. No discount is granted for early payment.
 
6. Deliveries
The delivery time that may be mentioned in the order confirmation does not constitute a strict time limit and the Supplier cannot be held liable for this. In the event of a delay exceeding thirty (30) days, the Buyer may request the termination of the sale before the eighth (8) following day at the latest. The payments already made will then be returned to it by the Supplier. The resolution of the sale cannot give rise to withholding, compensation, penalty or damages. Delivery involving transfer of risk to the Buyer will be made by handing over the Products to a shipper or a carrier who has accepted them without reservation. BioSample cannot therefore be held liable for damage occurring during transport or unloading. It is the Buyer's responsibility to ensure this and to exercise his recourse against the carrier.
 
7. Retention of ownership
The goods delivered to the buyer remain the property of BioSample or its successors in title until full payment of the sale price, any interest, costs and accessories. In this regard, payment can only be considered made when the amount of the invoice is actually collected by BioSample.
 
8. Cancellation claus
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 whatever reason, as well as the suspension of any delivery and / or the termination of current contracts. 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.
 
9. Penal clause, lump sum compensation and late payment interest
In the event of non-payment (s), the buyer 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, a penalty being due in any case by the buyer for unpaid costs and corresponding to 15% of the principal amount due. In all cases, the minimum flat-rate compensation for recovery costs referred to in Article L.441-6 of the Commercial Code of € 40 per invoice will be due. Late payment penalties are payable in the absence of payment, the day following the date of payment appearing on the invoice. The interest rate for these late payment penalties is three times the legal interest rate per month.
 
10. Products uses
All equipment and products marketed by BioSample are intended exclusively for the use defined by the manufacturers of the products concerned. BioSample is not responsible for any such supplies being misused for their original destination. The users, alone, are responsible for the manipulations and experiments carried out using the products sold.
 
11. 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 instructed by BioSample.
 
12. Toxics and dangerous substances
Stabilities or toxicities are given based on information from our producers under their sole 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 we want to remind you that for many chemical, biological and biochemical substances, there is not information that explains 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 competence of the customer to control the nature of the risk associated with hazardous substances. The customer also has the duty to warn his own customers and the intermediaries (handling carriers) of the risk induced by using and or handling the products.
 
13. Environment
The end user ensures and pays for the disposal of waste from electrical and electronic equipment (WEEE) under the conditions provided for in articles 21 and 22 of decree n ° 2005-829 of July 20, 2005. When this has been expressly stated agreed in a contract, BioSample ensures the organization of the collection and treatment of waste from professional electrical and electronic equipment that it has placed on the market after August 13, 2005, in accordance with article 8 of decree n ° 2005-82; in this case, the end user will inform BioSample as soon as the affected equipment has reached the end of its life or when it wishes to proceed with its replacement. The service of removal and treatment of equipment will be invoiced to the end user.
 
14. 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 the two months, the contract can be terminated without compensation on either side at the request of one of the two parties. Force majeure is an unforeseeable, insurmountable event external to BioSample and hindering its daily functioning.
 
15. Data protection
The information collected is necessary for processing the sales order and for sending any subsequent documentation from BioSample or its partners. In accordance with article 27 of the Data Protection Act of January 6, 1978, you have the right to rectify your data. If you do not wish to receive commercial offers, simply let us know by mail or fax.
 
16. Applicable law and attribution of jurisdiction
These General 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 General Conditions of Sale and any contract concluded with a customer, which cannot initially be resolved amicably, will fall under the exclusive jurisdiction of the Commercial Court of Lyon.