Terms of sale
General conditions of sale of the Hbiomed.com site
PREAMBLE
The site, presented in French, accessible via the Internet at www.hbiomed.com.is published by:
The company SANTE SERVICE SARL whose head office is located at 679 avenue de la République - 59000 Lille, registered with the RCS of LILLE METROPOLE under number 421 725 136.
The site, hosted at OVH (2 rue Kellermann – 59100 Roubaix), offers an offer reserved for people acting as consumers.
Any person wishing to make a purchase on the online sales site www.hbiomed.com is hereinafter referred to as “the Customer”.
Article 1: Purpose and acceptance of the general conditions of sale
1.1 Scope
These conditions of sale, hereinafter “CGV”, aim to define the contractual relations between SANTE SERVICE SARL, hereinafter “the Seller”, and the Customer, as well as the conditions applicable to any purchase made through the merchant site by a natural or legal person having legal capacity and acting in a personal capacity as a consumer. The Customer who is an individual declares that he or she is of legal age and is not under guardianship or curatorship.
Any order for item(s) placed on the site requires consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the customer.
In accordance with the provisions of articles 1366 et seq. of the Civil Code, supplemented by Decree No. 2017-1416 of September 28, 2017 relating to electronic signatures, it is recalled that the validation of the “purchase order or basket” as specified in article 3 below, constitutes an electronic signature which has, between the Seller and the Customer, the same value as a handwritten signature.
The Seller reserves the right to modify these general conditions of sale at any time, without notice, it being understood that such modifications will not be applicable to orders previously accepted and confirmed by the Seller. These conditions apply to the exclusion of any other document.
The Client may be referred to in the rest of this document as “you”.
1.2 Exclusions
The General Terms and Conditions apply to professionals and the general public. A professional is considered to be any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.
Article 2: The offer
In accordance with article L. 111-1 of the Consumer Code, you can, prior to your order, read on the site the characteristics of the product(s) you wish to order. However, the photographs, although being as faithful as possible, cannot ensure perfect similarity with the products offered (particularly with regard to the colors) and do not enter into the contractual scope.
Also, the SANTE SERVICE company cannot be held responsible in the event of an error. The Customer is invited to read the instructions for use and all other information attached to the product or shown on its packaging (condition of use, precautions for use, etc.).
Article 3: Orders
An order can only be registered on the site www.hbiomed.com if you are clearly identified.
Acceptance and confirmation of the order go through several stages:
- Selection of the product purchased: you make your selection by browsing the different pages of the site and validate your choice and the quantity of items desired, and you must read the general conditions of sale and check the box: “I have read the general conditions of sale and I accept them without reservation”.
- Identification: you enter your email address and password. If this is your first connection, you identify yourself and create your password.
- Your contact details: you enter your delivery address and your billing address by mentioning your last name, first name, address, postal code, city, mobile phone number, email address and click on “validate”
- Finally, you will automatically receive an email with the following documents:
Your invoice accompanied by the general conditions of sale.
The sale is validly and definitively formed between the parties from acceptance of the sale by SANTE SERVICE, which is materialized by SENDING AN ELECTRONIC BANK PAYMENT CONFIRMATION MAIL and sending your invoice.
Orders are archived for a period of 12 months and can be viewed at any time for a period of 12 months in the “My Account” area.
Orders placed on weekends (from Friday after 4:00 p.m. to Sunday evening) or on a public or non-working holiday will be recorded within two working days at the latest. You accept that the order recording systems demonstrate the nature of their conventions and their dates.
At any time, you can obtain information on tracking your order on www.hbiomed.com, in the “History and details of my orders” section, in “My account”.
Article 4: Availability
Product offers and prices are valid as long as they are visible on the site, while stocks last.
In the event of unavailability of products after placing your order, the Seller will inform you by email or post as soon as possible.
Article 5: Price of items for sale on the site
Our prices are indicated in euros excluding VAT and VAT excluding delivery costs and take into account the French VAT in force.
The amount of delivery costs is determined by the place of delivery and the weight of the products. It can be consulted before confirming the order and is included on the invoice at the time of payment.
In all cases, the Seller reserves the right to modify its prices and delivery costs at any time, but the products will be invoiced on the basis of the prices in effect at the time the order is registered, subject to availability on that date.
Article 6: Payment
All orders are payable in euros by credit card.
The cards accepted are Carte Bleue, Mastercard and Visa cards. When validating your order, you provide your bank card number, associated with the expiration date and the cryptogram (last three digits on the back of it). The online supply of these elements and the final validation of the order constitute proof of the integrity of the order and the payability of the sums due in execution of said order.
To ensure the security of payments, the Seller uses the secure payment service STRIPE. The server is encrypted using the SSL (Secure Socket Layer) protocol and confidential information is transmitted directly encrypted to the server for verification. The information never passes unencrypted and is not stored on the server. It is for this reason that data relating to bank cards (number, expiration, cryptograms) will be requested from you for each new transaction on the site www.hbiomed.com.
The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiration date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price would be impossible, the Online Sale would be immediately terminated automatically and the Order would be canceled.
The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of a payment incident or incorrect address.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any authority for verification.
Article 7: Delivery times
In accordance with the provisions of Article L 261-1 of the Consumer Code, the Seller delivers the product on the date or within the period indicated to the consumer when placing the order.
Generally speaking, the product is delivered within 7 days subject to availability of the product in stock.
In any case, the agreed deadlines will be extended in the event of force majeure. Force majeure constitutes in particular the total or partial shutdown of the Seller's personnel or that of one of its suppliers, subcontractors or carriers due to strike, fire, flood, manufacturing accident, breakdown of machines and tools, lack of raw materials, the ban or embargo on import or export, the refusal, reduction or withdrawal of import licenses, the occurrence of an epidemic or pandemic, i.e. the development and the spread of a contagious disease on the national territory or internationally, such as in particular all viruses belonging to the coronavirus family (SARS-CoV, SARS-CoV-2 also known as “Covid-19” or its variants).
Under no circumstances can delivery delays due to product shortages give rise to compensation and/or damages.
The Seller is in no way responsible for non-compliance with delivery times announced by the carrier itself. Also, no compensation or reimbursement may be requested from the Seller in the event of delay due to the sole failure of the carrier.
Article 8: Delivery
Deliveries are made exclusively in mainland France, the European Union and Switzerland to the delivery address you have mentioned. The goods always travel at your own risk and are only insured on your express instruction and at your expense.
It is up to the Customer to check, in the presence of the carrier, the good condition of the goods delivered. In the event of damage or shortcomings, the Customer must indicate clear, significant, precise and complete reservations on the transport documents; confirm these reservations to the carrier by registered letter with acknowledgment of receipt within three days following receipt of the goods. In the event that the customer does not comply with this provision, the Seller cannot be held liable.
Article 9: Right of withdrawal/Returns
9.1 Right of withdrawal
In accordance with the provisions of articles L. 221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) working days from the day after receipt of his order to exercise his right of withdrawal without having to justify reasons or pay penalties.
If the period of fourteen (14) working days expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
The Customer cannot exercise his right of withdrawal from the moment the product has been unpacked or unsealed after delivery and it cannot be returned for reasons of hygiene or health protection in accordance with the provisions of article L 221-28, 5° of the Consumer Code.
The return of products is done under the responsibility of the Customer and at his expense. Any damage suffered by the products on this occasion is likely to frustrate the exercise of the right of withdrawal.
We will refund you as soon as we have received the returned item in the required conditions (items in the original packaging).
9.2 Returns due to transport damage
By signing the delivery note, you accept the products delivered as is and therefore no claim relating to damage suffered during transport will be accepted. It is your responsibility to carry out all checks and make all reservations upon arrival of the package and to exercise, if necessary, any recourse against the carrier. The goods always travel at the risk of the recipient. You have 3 days to make any reservations with the carrier.
If the products were damaged during transport, to obtain a replacement, you must:
- make reservations to the carrier,
- inform the Seller.
Products returned incomplete, damaged, damaged or used cannot be exchanged or refunded.
We remind you that any complaints or return requests not made within the defined rules and deadlines cannot be taken into account and will release the Seller from any liability towards you.
Article 10: Guarantee
The Customer benefits, for all items, from legal guarantees provided for by articles L217-4 et seq. of the Consumer Code (legal guarantee of conformity, legal guarantee against hidden defects) and the Civil Code.
The guarantee is limited to the replacement or reimbursement in value of goods recognized as defective by the seller.
Generally speaking, the guarantee cannot be implemented in the event of normal wear and tear of the goods, damage caused as a result of misuse or use not in accordance with the rules and precautions for use appearing in the instructions, poor maintenance, negligence, incorrect handling or installation, or transformation of products.
Any return must be subject to prior agreement from the Seller and is always at your expense. Any return must include a copy of the invoice, the delivery note as well as a note detailing precisely the reasons for the return.
Regardless of this contractual guarantee, the seller remains liable for any lack of conformity of the goods and hidden defects under the conditions provided for in articles 1641 and 1649 of the civil code.
Reproduction of legal provisions:
Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
Action resulting from lack of conformity is prescribed 2 years from delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the buyer within two years of discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article 11: Liability
The Seller cannot be held responsible in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or in the event of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
Likewise, the Seller cannot be held liable for:
- the inconveniences or damages inherent in the use of the Internet network
- any interruption of the site;
- any occurrence of bugs;
- any indirect damages that may arise as a result of the purchase of the products;
- any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site;
Article 12: Intellectual property
The site, its content and all the elements constituting it are creations for which the Seller holds all the intellectual property rights or, where applicable, their respective owners with whom the Seller has concluded agreements. Any use of the site by the Customer for commercial purposes is prohibited.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without the express written consent of the Seller.
This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement which may result in civil and criminal liability for the infringer. In addition, the owners of the copied Content may take legal action against you.
Hbiomed is a registered trademark in France and in the European Union.
Article 13: Personal data
Please note that certain information is mandatory and necessary to process your application. Failure to respond to a mandatory field may compromise the proper follow-up of your file.
The Seller has put in place a data protection policy that can be consulted online to which the Customer is invited to refer.
The Seller undertakes, in the context of the collection and processing of personal data, to respect the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, in particular amended by Law No. 2019-826 of August 6, 2019 and Regulation 2016/679/EU of April 27, 2016. “relating to the protection of individuals with regard to the processing of personal data and the free movement of such data”.
The Seller, responsible for processing, implements processing of personal data for the management of its relations with its customers as well as for the execution of sales contracts concluded with them, the legal basis of the processing being the execution of the existing contractual or pre-contractual relationship between the Seller and the Customer and, where applicable, compliance with a legal obligation. Processing of personal data may also be implemented for statistical purposes and prospecting purposes on the legal basis of the legitimate interest of the Seller.
The information collected (for example the names, first names, email addresses and telephone numbers of Customers) is essential for this processing and is intended for the relevant services of the Seller and, where applicable, its service providers and/or its subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation.
Apart from the cases set out above, we undertake not to sell, rent, transfer or give third parties access to your data without your prior consent, unless we are forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
They are kept for the entire duration of commercial relations and for a period consistent with legal provisions or proportional to the purposes for which they were recorded. Certain retention periods meet the legitimate interest of the Seller.
Customers have a right of access, rectification and deletion of their personal data, a right to withdraw their consent, a right to limit processing, a right to object for legitimate reasons to the processing of data, a right to data portability, a right to issue post-mortem advance directives, by contacting the Seller:
by mail to
Hbiomed / SANTE SERVICE SARL – 679 avenue de la République - 59000 Lille indicating your name, first name, address, email
Electronically:
contact@hbiomed.com
The request must be accompanied by proof of identity.
Customers also have the right to lodge a complaint with the CNIL.
Article 14: Modification and interruption of access to the site
The seller reserves the right, at any time, to temporarily interrupt access to all or part of the site for technical reasons, modification of contractual conditions or compliance of the site with legal or regulatory provisions, without having to first inform the customer.
Article 15: Language and Applicable Law
These general conditions of sale are subject to French law. The applicable language is French.
Article 16: Mediation and Dispute Resolution
In the event that a dispute arises from this contractual relationship, the parties undertake, before any legal action, to seek an amicable solution. The customer is then invited to contact our customer service by mail Hbiomed / SANTE SERVICE SARL – 679 avenue de la République - 59000 Lille
Under article L. 612-1 of the Consumer Code, “Every consumer has the right to have free recourse to a consumer mediator for the amicable termination of the dispute between him and a professional.”
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.
For any difficulty, we invite you to contact us first or to contact our after-sales service by email: contact@hbiomed.com
Only complaints relating to the Online Sale of Items will be taken into account.
In the year following your request to our services, in application of article R. 616-1 of the Consumer Code, you will be able to have your request examined by a mediator whose contact details will be found below, knowing that a dispute can only be examined, with some exceptions, by a single mediator:
SANTE SERVICE is a member of the Federation of e-commerce and distance selling (FEVAD) and the mediation service:
https://www.mediateurfevad.fr, FEVAD Mediation Center 60 rue de la Boétie 75008 PARIS
For cross-border disputes, you can submit a complaint on the online dispute resolution (ODR) platform accessible from the electronic link below:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
You can, at your own expense, be assisted by an advisor.
Updated general conditions of sale: 01.01.2024