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Introduction
These general terms and conditions of sale govern the commercial relationship between the BIONOPS company and its customers.
The BIONOPS company reserves the right to modify these terms and conditions of sale at any time, provided that such modifications are posted on this website.
These general terms and conditions of sale are systematically subject to acceptance by customers before their order is validated. The validation of any order implies the customer's full and unreserved acceptance of the general terms and conditions of sale.
The fact that BIONOPS does not avail itself at a given moment of one of the present general conditions of sale, cannot be interpreted as a renunciation to avail itself later of any of the present conditions.
Article 1: Identification of the publisher and host of the present site
Publisher:
Head office : BIONOPS SA
22 rue Général DUFOUR
1204 GENEVA
Switzerland
Web:
www.bionops.eu
www.bionops.swiss
Simplified joint stock company with a capital of 150000 Swiss francs
RC CH-660-0593009-5
Article 2: Products marketed on the Site
The Company BIONOPS markets dietary supplements in capsule or drinkable solution. The photographs, texts, information illustrating the products and gifts are described and presented as accurately as possible but are not contractual. Consequently, the Company cannot be held responsible for any errors or omissions in any of these photographs, texts, information or product characteristics. Information about the products presented may be incomplete or may not correspond to the Customer's expectations. Nevertheless, the Customer may send an e-mail to contact@bionops.swiss to request further information on any of the products presented by the Company before proceeding with a purchase. The Company expressly reserves the right at any time to add new Products, to delete all or part of the Products sold or presented on the Site, to change their presentation or to cease marketing them on its Site, and to do so without being obliged to give prior notice to the Customer.
Article 3: Accessibility to the Site
The Company shall not be held liable in the following cases, without this being an exhaustive list:
- network interruptions or delays recorded on the Site due to the performance of maintenance work, technical breakdowns, force majeure, the actions of third parties or any circumstances whatsoever, beyond its control;
- of the momentary impossibility of accessing the Site, due to facts beyond its control, such as cases of interruptions in the Internet network or hardware or software failure of the Customer's reception to the Internet network;
- loss of data and/or transactions, business interruptions or other loss of a pecuniary nature resulting therefrom
- malicious acts, data theft, computer viruses, inadequacies in protection and backup measures, operating errors and misuse of hardware and software;
- problems related to the use of the Internet network;
- problems related to the content of websites, e-mails and any information transmitted via networks;
- any misappropriated or malicious use of data, text, images or information.
Article 4: Ordering
To place an order, the Customer must follow the instructions given on the Site. He/she must constitute a shopping cart either by indicating the quantity to be ordered from the page presenting the product sheet, or by entering the product reference in the shopping cart.
The shopping cart is accessed either via the pop-up that appears when the Customer adds a product to his order, or by clicking on the "my cart" icon at the top right of each page. Once the order has been completed and confirmed, the Customer must send the order form placed online by the company exclusively via the Internet. The information communicated by the Customer to the company by means of the order form must be complete, accurate and up-to-date.
After completing the shopping basket, and before confirming the order online, the Customer must tick the box indicating acceptance of these general terms and conditions of sale in their entirety, as refusal to do so will prohibit any order confirmation. The Customer undertakes to read them in their entirety before accepting them, and thereby waives the right to rely on any contradictory document, and in particular its own general conditions of purchase for professional buyers.
The Customer will be irrevocably bound by his order as soon as, after having first clicked on the icon giving him access to the shopping basket which he will then fill out online, he will have clicked a second time on the icon allowing him to confirm after verification all the elements of his order recapitulated for this purpose on the online order form, possibly after having corrected any input errors.
The Customer is hereby informed that his order will be archived for a maximum period of 10 years and that he may access it during this period by request made to the company indicating all the identification details appearing on his order and in particular his surname, first name and address.
Article 5: Acknowledgement of receipt of order
The Customer's order is an offer which does not form the contract. The contract will be formed by the order acceptance sent by the company to the customer at the e-mail address indicated by the Customer in his order, and within a maximum of 5 days after receipt of the order.
This order acceptance will include, in particular, all the legal information required by the French Consumer Code.
Article 6: Proof of orders
Generally speaking, it is expressly agreed between the Company and the Customer that e-mails will be deemed proof between the parties, as will the automatic recording systems used on the Site, particularly as regards the nature and date of the order.
Article 7: Order modifications
Any modification to the order requested by the Customer can only be taken into consideration if it has reached the Company by e-mail before the Products are dispatched.
Article 8: Price, billing and payment.
8.1 Prices
The prices indicated on the Site are indicative and are updated daily and therefore subject to change without notice. However, the prices invoiced are those in force on the date of the order. All prices are in Swiss Francs and include all taxes. Any shipping and order processing costs are invoiced in addition.
The offers and prices indicated may be exclusive and different from the distance selling offers proposed in the Company's catalogs, promotional mailings and press advertisements.
Promotional offers are valid for the period of validity they mention and as long as they are displayed on the site, as well as within the limits of available stocks.
8.2 Credit card payments
Online payment benefits from the SSL secure online payment system. The Customer accesses a secure server operating in SSL mode and certified by a Certification Authority. The Customer must provide his/her bank details by completing the Payment form online. The transaction is then carried out by the Customer in accordance with banking security standards. Thanks to the technical features of the software, the bank details (credit card number and expiry date) communicated by the Customer cannot be intercepted by a third party. As a result, none of this information is transmitted or stored on the Internet. By communicating his/her bank details, the Customer unconditionally accepts in advance that the Company may proceed with the secure transaction. The Customer therefore authorizes his bank in advance to debit his account on the basis of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder. Authorization to debit the Customer's account is always given for the amount of the Product purchased as invoiced by the Company.
Article 9: Product availability
When ordering, the products visible on the Site are available. Nevertheless, if despite the Company's vigilance, the products prove to be temporarily or permanently unavailable, the Company reserves the right to reject the payment by Carte Bleue, or if applicable if the payment has already been cashed, to reimburse the Customer.
Article 10: Default of payment
In the event that payment proves to be irregular, incomplete or non-existent, for any reason whatsoever, the sale will be cancelled, the resulting costs being borne by the Customer, civil and/or criminal action may, where appropriate, be taken against him. The Company reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Article 11: Retention of title
The products remain the property of the Company until full payment of the order. This reservation of ownership does not prevent the transfer of risks, which will be borne by the carrier from the date on which the ordered products leave the Company's premises.
Article 12: Delivery
12.1 Address and destinations
The products will be delivered to the delivery address indicated by the customer during the order process.
The BIONOPS company delivers its products everywhere in Switzerland, but also in Europe via La Poste or a carrier.
12.2 Delivery times
The Company offers priority shipping and will do its best to deliver or have delivered the Product(s) within one to two working days for Switzerland, two to three working days for Europe, five to ten working days for international, following order confirmation.
The Company cannot be held responsible for parcel delivery times, which depend solely on the postal services or the carrier. Delivery times are set in good faith as accurately as possible, but are subject to supply and transport possibilities and are therefore given as an indication only. Delivery times do not include public holidays and weekends. A delay in delivery cannot, under any circumstances, give the right to cancel orders in progress, and no compensation or penalty for late delivery, whatever the causes, importance or direct or indirect consequences, may be claimed. More specifically, the Company shall not be held liable for delays in delivery attributable to the carrier or for any other event of force majeure.
If the Customer is absent at the time of delivery, a delivery notice will be left in his letterbox, indicating the time he has to collect his order. If this time limit is exceeded, the parcel will be returned to the Company. The Company's customer service will then contact the Customer for a possible reshipment or refund of the order.
12.3 Delivery charges
Shipping costs are calculated according to the country of delivery. They are indicated during the ordering process.
12.4 Failure to deliver
If the Customer has not received the products ordered within the time indicated, he must contact the BIONOPS company, which will open an investigation with the carrier.
If the package is found it will then be sent to the customer. If the package is declared lost the company BIONOPS will notify the Customer and initiate the refund of the order (products and shipping costs).
If the package is found, it will be sent to the customer.
Article 13: Receipt of products
Delivery is deemed to have taken place as soon as the Product is made available to the Customer by the carrier, materialized by the control system used by the carrier, such as the delivery tracking system offered by La Poste. It is the Customer's responsibility, upon receipt of the Product, to check without delay the conformity and integrity of the Products shipped, and to make any reservations and claims that appear justified, or even to refuse the parcel if it is likely to have been opened, or if it bears obvious signs of deterioration. The said reservations and claims must be sent by email to the company BIONOPS, on the following address: contact @bionops.swiss
Article 14: Return of products
If you are not satisfied with the items you have ordered, you may return them within 14 days from the date of receipt of your order, provided that the items are in perfect condition, in their original packaging and without signs of use. If we receive the items in poor condition or after the 14-day period, we reserve the right not to accept the return.
Any return must be validated in advance by our teams, according to your request, by email to: contact@bionops.eu specifying the reasons for the return, or by telephone on 0 800 005 068.
To make a return, you can proceed as follows:
By post
You can return the item(s) to the following address: Laboratoire BIONOPS - 980 Avenue de Roumanille - Le Fairway Bâtiment C - 06410 BIOT (France).
Returns are free of charge.
Return costs are at the customer's expense. In addition, the goods are the responsibility of the customer and we do not refund items lost or damaged in transit. We therefore recommend that you send your return with tracking. To ensure efficient processing of your return, please be sure to include your name and address in the package and include a note with the order or invoice number.
On receipt of the products, our teams will carry out a quality control.
For orders sent outside Switzerland, the customer wishing to proceed with a return must then ensure that customs fees will not be claimed from Bionops upon receipt of the return package. Otherwise, these charges will be deducted from the refund.
The order department of the online sales site Bionops executes your order with the utmost care. If, however, the products you receive are incorrect, damaged or faulty, please contact us within 5 days. We cannot accept any responsibility if you do not inform us.
The refund of your products will be made once your package is received by our teams. It will be made by the same method of payment used for the initial payment. If your return is due to an error on our part, the return costs will of course be at our expense.
The refund will be made by the same method of payment used for the initial payment.
Article 15: Warranty
In addition to the legal warranty against hidden defects, for which the Customer must, within a short period of time, notify the Company, by registered letter with acknowledgement of receipt, of the existence of such a defect, the Products sold by the Company benefit from the manufacturer's warranty.
We remind all our customers that our products are form and wellness products and can in no way be considered as medicines in their composition, or in their form and presentation.
Expiry dates and batch numbers are indicated on items that require them. Each batch is identified in the laboratory.
Please note
In addition, the Company shall not be held liable for non-performance of the contract entered into in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications, flood, fire.
Article 16: Limitation of liability
The choice and purchase of a product are placed under the sole responsibility of the Customer. The total or partial impossibility of using the products, notably due to equipment incompatibility, skin reaction or olfactory or gustatory sensitivity, may not give rise to any compensation or reimbursement or call into question the Company's liability.
If the Company were to be held liable as a result of the non-performance or improper performance of its services, the total compensation could not, by express agreement, exceed an amount equal to the price of the Product that caused the damage.
The Company cannot be held responsible for any inconveniences arising from use that does not comply with the advice given on the Product and its packaging.
Article 17: Intellectual and industrial property rights held by the Company.
The Company holds a license to use the Site, which remains the exclusive property of BIONOPS. Consequently, the Customer shall refrain from distributing or reproducing the Site, in whole or in part, in any form whatsoever. The Company is the owner of the BIONOPS trademark, which is regularly registered with the Institut de Propriété Intellectuelle et Industrielle. The Company reserves the right to claim damages in the event of infringement and more generally of its intellectual and industrial property rights.
Article 18: Privacy policy - (Federal Act of June 19, 1992).
The Customer's personal data (surname, first name, company name, position, e-mail and geographical addresses, telephone and fax numbers, bank details) are collected by the Company for the purposes of proper management of orders, deliveries and invoices, and under compliance with the provisions of the Federal Act of June 19, 1992. Customers have the right to access, modify, rectify and delete any personal data collected by the Company at any time. To exercise this right, the Customer may send a letter to the Company, at the following address:
BIONOPS SA 22 rue Général DUFOUR 1204 GENEVA (Switzerland)
or an e-mail to contact@bionops.swiss
The Company will keep this information for a period of 2 years after taking the order on computer support.
The Customer is hereby informed that during his visits to the site, a cookie may be automatically installed on his browsing software. A cookie is a block of data which does not allow the Customer to be identified as a user, but which allows information relating to the Customer's browsing on the site to be recorded. Acceptance of cookies is mandatory for placing an order over the Internet. The Customer may deactivate cookies; in such case he/she will be able to access the website, but will not be able to order via the internet.
To find out the procedures for deactivating cookies, depending on their software, Customers can find all the information on deactivation procedures on the CNIL website.
Article 19: Non-waiver
The fact that the Company refrains from requiring at a given time the performance of any of the provisions of these General Terms and Conditions of Sale and Use of the Site cannot be interpreted as constituting a waiver to invoke said total or partial non-performance at a later date.
Article 20: Validity of the General Terms and Conditions of Sale
If any provision of these General Terms and Conditions of the Company is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions will remain unchanged and applicable.
Article 21: Settlement of disputes and attribution of jurisdiction
In the event of a dispute an amicable solution is sought. The Company's customer service is available to customers for this purpose. Any dispute relating to the interpretation, performance or breach of contract between the Company and the Customer, even in the event of recourse to a warranty or multiple defendants, will in the absence of amicable agreement, be the exclusive jurisdiction of the Courts of Geneva (SWITZERLAND). The relationship between the Company and the Customer is subject to Swiss law.