Terms and conditions of distance selling to individuals
Terms and conditions of distance selling to individuals on the website https://my-mallya.com
ARTICLE 1: SCOPE OF APPLICATION
The present conditions govern the contractual relations for all distance sales made from the website https//my-mallya.com (“Website“) between:
Biocorp Production, a limited company with a Board of Directors and a capital of 207,329.40 euros, registered in the Clermont-Ferrand Trade and Companies Register under number 453 541 054, located at La Béchade ZI La Lavaur, 63500 Issoire, whose intra-community VAT number is FR 03453541054 (“BIOCORP“)
and its consumer customers within the meaning of the preliminary article of the French Consumer Code (the “Customer“),
concerning accessories compatible with products in the Mallya® range such as cases or sleeves (the “Products“).
The present conditions specify, in particular, the conditions of sale, payment and delivery of Products purchased by Customers for their personal use (the “General Conditions“).
The General Conditions are systematically communicated to all Customers prior to purchase and apply to the exclusion of all other conditions (in particular, those applicable to the sale of products between BIOCORP and its professional customers).
The General Conditions are those applicable at the time the Customer places the order and are accessible at any time on the Website. They may be modified at any time without notice. The new conditions automatically apply to the Customers as of their publication online and do not apply to transactions concluded previously.
The General Conditions only apply to Customers who are at least 18 years old, who have the full legal capacity to commit themselves or who have the authorisation of the authorised person at the date of validation of the order.
Any purchase of Products on the Website and validation of the corresponding box implies full and complete acceptance of the General Conditions by the Customer who makes the purchase.
ARTICLE 2: AVAILABILITY OF PRODUCTS
The Product offers are valid as long as they are visible on the Website. The Products are offered within the limits of available stocks and, for those not stocked by BIOCORP, within the limits of their availability from BIOCORP’s suppliers. If, despite BIOCORP’s vigilance, certain Products ordered are temporarily or permanently unavailable, BIOCORP will not be held responsible:
• In case of temporary unavailability: BIOCORP will notify the Customer as soon as possible by e-mail and the order may be cancelled by the Customer. Upon receipt of the Customer’s cancellation request, BIOCORP will reimburse the Customer via the payment method used at the time of purchase.
• In the event that the Product is definitively unavailable, the Customer will be informed and reimbursed within thirty (30) days following the date of payment by the payment method used at the time of the order.
For any information or question relating to an order, a cancellation or an exchange, the Customer may contact the order department at the following address: email@example.com.
ARTICLE 3: ORDERING
The Customer places an order in accordance with the information given on the Website. It is the Customer’s responsibility to select the Products they wish to order on the Website, by clicking on the chosen Products and adding them to the basket. The Customer is then asked to enter the information below and click on “Continue”.
To place an order, the Customer must have a valid and accessible e-mail address.
A complete summary of all the Products that the Customer has chosen, their essential characteristics as well as their price, are presented to the Customer, who will be able to check the details of their order, as well as its total price, and correct any errors, before confirming their acceptance of the order being placed.
Any order that has not been confirmed cannot be processed. The act of adding a Product to the basket does not constitute validation of the order.
The Customer may then either continue shopping by clicking on “Continue shopping” or proceed to accept and pay for the order by clicking on “Proceed to checkout”.
The order implies acceptance of the price, the characteristics indicated, as well as the delivery conditions of the Products and these General Conditions.
The Customer then proceeds to online payment. Once the transaction has been recorded, the Customer obtain confirmation of the validation of their order.
As the Products purchased by the Customer are not intended for resale, BIOCORP reserves the right to refuse immediate purchases of the same Product in disproportionate quantities.
BIOCORP reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
ARTICLE 4: PRICES
The prices of the Products are indicated on the Website in euros, including all taxes unless otherwise stipulated, and include processing costs. Delivery costs, whether standard or express, will be specified before final validation and payment of the order.
The Products are supplied at the prices in force on the Website at the time of purchase by the Customer. BIOCORP reserves the right, at any time, to modify the price of the Products indicated on the Website, without notice.
ARTICLE 5: PRODUCTS
The Products offered for sale are described and presented on the Website (specifications and illustrations). The Customer is advised to consult this description before proceeding with any purchase as the Customer is solely responsible for the choice and purchase of a Product.
ARTICLE 6: TERMS OF PAYMENT AND BILLING
Payment for purchases is made by debit or credit card: Carte Bleue, Visa, MasterCard. The Customer must enter their card details (name of the holder, card number, expiry date, cryptogram) when validating the order. As a result, the order amount paid by bank card is debited on the day of the order by BIOCORP.
The payment will be considered validated after confirmation of the payment agreement by the issuing organisation. In the event of refusal by the bank, the order will be automatically refused and BIOCORP will then be relieved of all obligations and responsibility towards the Customer.
An invoice is established by BIOCORP; this invoice will be sent to you by email following your order.
BIOCORP reserves the right to suspend the delivery of Products in the event of late payment and this until full payment is made.
ARTICLE 7: DELIVERY
The Products are delivered in France and abroad, to the delivery address indicated at the time of ordering. Products can only be delivered to one delivery address.
The delivery of the Products means the transfer of physical possession and control of the goods to the Customer.
BIOCORP shall not be held responsible for the impossibility of delivering the order in the event of an error in the Customer’s contact details.
In accordance with the provisions of article L 138-1 et seq. of the French Consumer Code, if no delivery date or deadline has been set when the order is placed, BIOCORP undertakes to proceed with the delivery, at the latest thirty (30) days after validation of the order.
If the ordered Products have not been delivered within the above-mentioned timeframe, for any other reason than force majeure, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 and L 216-3 of the Consumer Code.
The sums paid by the Customer will then be restored to him at the latest in the fourteen (14) days which follow the date of denunciation of the sale, with the exclusion of any compensation or retention.
ARTICLE 8: TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
The risks on the Products are transferred to the Customer upon delivery, i.e. at the moment when the Customer (or any third party designated by him) takes physical possession of the related Products.
ARTICLE 9: LEGAL GUARANTEES
9.1 Conformity and hidden defects
The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by BIOCORP benefit by right, and without additional payment, in accordance with legal provisions:
• the legal guarantee of conformity, for apparently defective or damaged Products or those that do not correspond to the order or to the immediate purchase,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use, under the conditions and according to the procedures set out below:
Within the framework of the legal guarantee of conformity, the Customer :
o has a period of two (2) years from the delivery of the goods to take action against the seller;
o when repair is possible, may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
o is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods, for which the period is extended to six months (Article L 217-7 of the French Consumer Code)
The Customer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the French Civil Code; in this case, they may choose between the resolution of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.
The legal guarantee applies independently of any commercial guarantee that may be offered.
Upon delivery of the Product, it is up to the Customer (or any third party that they may have designated) to check the number and condition of the Products in the presence of the carrier and to issue, if necessary, any useful reservations concerning apparent defects (missing Product, damaged package, etc.).
If the package received is open or visibly damaged, or if all or part of the Products in the package are damaged, missing or do not correspond to the order, the Customer is invited to refuse receipt of the package or the Products concerned and to issue, in writing, the necessary and sufficiently detailed reservations to the carrier. The Customer must also immediately notify BIOCORP, and at the latest seventy-two (72) hours from the receipt of the Product(s), by e-mail to the following address firstname.lastname@example.org, of any reservations about the Product(s) delivered (e.g. damaged package, already opened, non-conforming, missing product(s)…), keeping the invoice and the delivery note (signed if feasible), in order to enable BIOCORP to exercise any recourse against the carrier.
Any request under the legal guarantee of conformity or the guarantee of defects of the Products must be made to the following e-mail address: email@example.com.
BIOCORP will replace the Products or parts under warranty deemed defective.
9.2 Exclusion of warranty
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the goods, if the returned Product does not correspond to the Product ordered in its entirety (i.e. for an order of the complete case, i.e. sleeve and shell, both Products must be returned together and cannot be separated, in order to make the warranty function) or does not originate from a sale made by BIOCORP, accident or force majeure, modification, repair, addition and/or replacement of spare parts by any third party without prior authorisation of BIOCORP.
The refund of the Products within the framework of the legal guarantee shall be made within a period less than or equal to one (1) month after receipt of all the Products that were the subject of the order in question by BIOCORP, in accordance with the stipulations of article 11 of the General Terms and Conditions. The refund will be made using the same payment method as the one used by the Customer for the initial transaction. No cash on delivery returns will be accepted, regardless of the reason.
ARTICLE 10: RIGHT OF WITHDRAWAL
The Customer has the right to cancel the contract within fourteen (14) days from the date of receipt of the Products, without having to justify their decision, in order to return the Products ordered, in accordance with the provisions of articles L 221-18 to L 221-28 of the French Consumer Code. The Customer may exercise their right of withdrawal from the time of conclusion of the contract. The Customer must notify his right of withdrawal before the expiry of the aforementioned period of fourteen (14) days, in writing, to the following e-mail address: firstname.lastname@example.org.
The Customer must return the unused Product without undue delay and at the latest within fourteen (14) days following the date of communication of its decision to withdraw.
BIOCORP shall reimburse the Customer for all sums paid for the purchase of the Product no later than fourteen (14) days from the date on which BIOCORP was informed of the Customer’s decision to withdraw and if the Products have been returned in accordance with the stipulations of article 11 of the General Terms and Conditions. BIOCORP shall proceed with the refund using the same payment method as the one used by the Customer for the initial transaction, in accordance with article 9.3.
ARTICLE 11: RETURN POLICY
The Customer has the possibility to return one or more of the ordered Products under the conditions indicated in articles 9 and 10 of the General Conditions. After sending your request to email@example.com, BIOCORP will inform you of the possibilities and terms of return. The Customer must imperatively obtain the prior agreement of the BIOCORP order department before any return.
All Products must be returned:
• in its original and complete packaging (accessories, instructions, documents, etc.), particularly in the case of an order for a case (sleeve + shell), for which the return must be complete (i.e. the sleeve and the shell together); in a condition that allows it to be resold as new;
• accompanied by the reason for the return (except in the case where the Customer exercises his right of withdrawal in accordance with Article 10) and a copy of the corresponding transport/delivery note and the original invoice.
Returns shall be made to the following address Dock Avenue (Returns My-Mallya.com) – Zone d’activité, Allée du Mardeloup, 42 155 Pouilly-les-Nonains.
The return costs incurred remain at the Customer’s expense, except in the case of damaged or missing Products or Products that do not correspond to the order.
Products that are spoiled, damaged, incomplete or soiled by the Customer as a result of handling other than that necessary to establish their nature, characteristics and proper functioning, will not be returned or refunded.
The refund will be made once all of the above conditions have been met and BIOCORP has carried out an assessment excluding any deterioration or misuse of the Products by the Customer. The said refund will also cover the return costs incurred in the event of a damaged or missing Product or one that does not correspond to the order.
ARTICLE 12: RESPONSIBILITY OF BIOCORP
The Customer is solely responsible for the choice of Products, their conservation, their use in accordance with the instructions for use/notice, their routine maintenance and their cleaning.
A photograph and a description of the Product shall not, in any way, engage the responsibility of BIOCORP. Photographs are provided for illustrative purposes and are not contractual.
BIOCORP shall not be considered responsible and/or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure as mentioned in article 16 of the General Conditions, or from an event attributable either to the Customer or to the unforeseeable and insurmountable act of a third party to the contract.
ARTICLE 13: INTELLECTUAL PROPERTY
All elements of the Website, whether visual, graphic, video or sound, the underlying technologies and the Website itself are protected by copyright, trademarks and patents. They are the exclusive property of BIOCORP.
All of these elements may in no case be exploited, used commercially in whole or in part, represented, reproduced, copied, translated or modified by the Customer without the express prior authorisation of BIOCORP.
BIOCORP grants the Customer a personal, non-exclusive and non-transferable right to use the Website and its component parts. Any use of the Website in contradiction with the stipulations of this article constitutes an infringement of copyright.
ARTICLE 14: PROTECTION OF PERSONAL DATA
BIOCORP is required to collect personal data relating to its Customers (first name, last name, company name (optional), physical address, telephone and e-mail) which are necessary for the management of its Customer relationship, for delivery via our transport partners (to whom we may transfer the data strictly necessary for the delivery of your orders), or for possible monitoring cases. The data will be processed with the help of our internal or external service providers (technical, logistics and transport in particular) in Europe involved in the processing. BIOCORP will keep this personal data for the time strictly necessary for the purposes for which it was collected. In accordance with the amended French “Data Protection Act” of 6 January 1978 and the European Regulation on the Protection of Personal Data adopted on 27 April 2016, each person concerned has a right of access to the information concerning them, as well as a right to rectify, limit, of portability, to withdraw consent, oppose or delete this data. The latter may also define directives concerning the fate of their personal data after their death. Finally, each Customer may exercise his rights by contacting firstname.lastname@example.org
ARTICLE 15: EXPORT AND IMPORT CONTROLS
The Customer acknowledges that certain Products (and the know-how that may be contained in these Products) may be subject to export or import controls. Each party is responsible for compliance with the export and import control regulations that apply to it. In addition, the Customer acknowledges that US export control laws also apply when the Products, in whole or in part, are of US origin, even if the sale has no other connection with the US.
ARTICLE 16: FORCE MAJEURE
Neither party may be considered in default if the performance of its obligations, in whole or in part, is delayed or prevented as a result of a situation of force majeure in accordance with Article 1218 of the French Civil Code.
In order to invoke force majeure, the prevented party must notify the other party of the event of force majeure, as soon as it occurs, indicating an estimate of its duration. The performance of its obligations will be suspended for the duration of this event. As soon as the event has ended, the party prevented shall notify the other and shall immediately resume performance of its obligations.
If the situation of force majeure continues beyond a period of thirty (30) days, the other party may choose to terminate the contract by notification, as long as the situation of force majeure continues. In this case, neither party shall be entitled to claim damages due to the non-performance or partial performance of the contract resulting from the force majeure situation.
ARTICLE 17: APPLICABLE LAW – LANGUAGE – DISPUTE
The General Conditions are subject to French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
In the event of a dispute concerning the sale of the Products and/or the application of the General Conditions, the Customer is invited to contact BIOCORP directly in order to find an amicable solution: email@example.com.
In the absence of an amicable agreement with BIOCORP, the Customer is informed that they may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation (article L 612-1 of the French Consumer Code) or with the European Commission via its online dispute resolution platform available on the following link:
in accordance with Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on the out-of-court settlement of consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes.
If no amicable solution is found (including following the mediation process described above) or if the Customer wishes to bring the claim or dispute directly before a court without following an amicable resolution process, the competent court will be, at the choice of the claimant and in accordance with the legal provisions, either the one where the defendant lives or the place where the Product(s) is (are) actually delivered.
ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to the purchase of the Product, in a clear and comprehensible manner, of the General Conditions and of all the information listed in article L 221-5 of the French Consumer Code, and in particular the following information:
• The essential characteristics of the Product,
• The price of the Products and related costs (e.g. delivery);
• In the absence of immediate execution of the contract, the date or deadline by which BIOCORP undertakes to deliver the Product,
• Information on the identity of the seller (BIOCORP), its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
• Information relating to legal and contractual guarantees and their implementation modalities,
• The functionalities of the digital content and, where applicable, its interoperability,
• The possibility of resorting to conventional mediation in the event of a dispute.
The fact that a natural person buys a Product on the Website implies full and complete acceptance of the General Conditions and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would not be enforceable against BIOCORP.
Version 05/2021 – Valid from 07/05/2021