Article 1- Purpose

The present Conditions govern sales by the company “Laboratoire de Biologie médicale Alphabio”, 1 rue Melchior Guinot 13003 Marseille, RCS MARSEILLE No 378 711 972 (hereinafter referred to as the “Company”, of tests for the analysis of the microbiota of the iBiote^TM range.

The purpose of these General Terms and Conditions of Sale is to provide a legal framework for the terms and conditions for the provision of services on the iBiote site and their use by the “user”.

These General Terms and Conditions of Sale govern the sales of products or services, executed through the Company’s website, and are an integral part of the contract between the buyer (hereinafter referred to as “the buyer” or “the customer”) and the Company. They are fully enforceable against the buyer who has accepted them before placing an order.

The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The buyer declares to have read all of these General Terms and Conditions of Sale and to accept them without restriction or reservation.

In the event of non-acceptance of the General Conditions of Sale and Use of the site, the user must renounce access to the services offered by the site.

The Company reserves the right to unilaterally modify at any time the content of these General Terms and Conditions of Sale of its site.

 

Article 2- Prices

The prices of our products are indicated in Euros, are not subject to VAT (Value Added Tax), and include shipping costs for metropolitan France. In case of delivery outside of metropolitan France, shipping costs will be charged.

These prices are those in force at the time the customer records the order.

All orders, whatever their origin, are payable in Euros.

In case of an order to a country other than metropolitan France, or to the DOM-TOM, you are the importer of the iBiote kit concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not within the Company’s control. They shall be borne by Customer and are its sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in its country. The customer is advised to enquire about these aspects with its local authorities.

The essential characteristics of the iBiote kits and their respective prices are available on the iBiote website (www.ibiote.com). In accordance with article L112-1 of the Consumer Code, the buyer is informed of the prices and special conditions of sale before any conclusion of the sales contract. In all cases, the total amount due by the buyer is indicated on the order confirmation page.

The Company reserves the right to change its prices and delivery charges at any time in the future.

 

Article 3- Order

The order of an iBiote^TM kit must be placed directly online on the website www.ibiote.com using the online form provided for this purpose and by credit card.

The contractual information is presented in French language and will be the subject of a confirmation at the latest at the time of the validation of your order.

The Company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.

 

Article 4- Validation of your order

Any order appearing on the website www.ibiote.com implies adherence to the present General Terms and Conditions of Sale. Any order confirmation implies your full and complete adherence to these General Terms and Conditions of Sale, without exception or reservation.

All of the data provided and the recorded confirmation will serve as proof of the transaction.

The confirmation of order will be worth signature and acceptance of the operations carried out.

In accordance with articles 1127-2 of the Civil Code and 221-13 of the Consumer Code, the buyer will receive an email confirmation of his purchase, and will be able to access, at any time, the Terms and Conditions on the iBiote site.

The Company reserves the right to cancel a sale of an iBiote kit, even after receipt of the confirmation e-mail, in the event of failure to confirm bank confirmation of the actual payment of the sum claimed.

In the event of a dispute concerning the reality or the terms of the transaction, the computer records provided by the secure bank payment server will serve as proof between the Parties.

 

Article 5- Payment

The payment of your purchases is made by credit card through the secure Sherlocks system. This system is designed to prevent unauthorized third parties from intercepting your data, accessing it, distorting it or diverting it for their own profit.

By giving his bank details, the customer accepts in advance and unconditionally that the Company proceeds with the secure transaction. Consequently, the customer authorises his bank to debit his account in view of the records transmitted by the Company, even in the absence of invoices signed manually by the cardholder.

In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. By providing his bank details at the time of sale, the buyer authorises the Company to debit his card for the amount relating to the price indicated. The buyer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled by operation of law and the order is cancelled.

Once the payment is made by the buyer, the transaction is immediately debited after verification of the information. The shipment of the iBiote kit will be made as soon as the payment has been validated.

Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).

 

Article 6- Withdrawal

In accordance with the provisions of Article L221-18 of the French Consumer Code, you have a withdrawal period of fourteen days from receipt of your iBiote kit to exercise your right of withdrawal without having to justify your reasons or pay any penalty, except for the cost of return.

The customer may exercise his right of withdrawal by registered letter with acknowledgement of receipt. In this letter, the customer must clearly and unambiguously express his willingness to exercise his right of withdrawal. This letter must specify the order number and the iBiote kit concerned. The letter should be sent to the following address:

Laboratoire ALPHABIO / iBiote

1 rue Melchior Guinot

13003 Marseille

The customer will also be able to make known his decision of retraction, under the same conditions, by simple e-mail to the following address: [email protected].

This withdrawal period of fourteen days will lapse once the iBiote kit has been returned by the customer and received by the Company.

 

Article 7- Reimbursement

When the right of withdrawal is exercised by a customer having the status of a consumer pursuant to Article L221-18 of the French Consumer Code, the Company shall be required to reimburse the customer for all sums paid, without undue delay and no later than fourteen days from the date on which the Company is informed of the customer’s decision to withdraw.

Customer shall only bear the direct postal costs of returning the iBiote Kits concerned. Any returned iBiote Kit must be packed in its original, clean, undamaged packaging.

Any iBiote kit that is incomplete, showing traces of consumption, usage, damaged, or whose original packaging has been damaged, will not be accepted. A lump sum of 10 euros will be withheld from the price of the analysis to be refunded to the buyer.

In the absence of proof to the contrary, the information recorded by Alphabio constitutes proof of all transactions and the veracity of the personal information given by the client. Purchasing on the iBiote site is prohibited for minors under the age of 16. The contract between Alphabio and the customer may be ineffective if the buyer is under 16 years of age. In this case, Alphabio cannot be held liable and the legal representatives of the minor will not be able to request a refund from Alphabio in accordance with Article 1352-4 of the Civil Code.

Reimbursement will be made primarily by bank transfer. To do so, the Client will provide the Company with his bank details and the transfer will be made by the Company as soon as possible.

 

Article 8- Delivery

iBiote kits can be delivered nationally and internationally using the services of the Post Office.

It is possible for the customer to have the invoice sent to the billing address and not to the delivery address by validating the option provided for this purpose at the time of the order.

iBiote kits are delivered to the delivery address indicated during the ordering process.

iBiote kits are sent to the carrier within 48 working hours of placing the order (excluding weekends and holidays). For metropolitan France, the carrier delivers the order on average within 48 hours of receipt of the package. The average shipping time for an iBiote kit from the iBiote website is therefore 3 to 5 working days.

These deadlines are given for information only. In the event of late delivery or non-receipt of the package attributable to the carrier, the Company shall not be held liable, and this shall not entitle the customer to compensation of any kind whatsoever.

In the event that the package is returned to the Company, through the fault of the buyer (package not collected, error in the information of the delivery address, …), the latter will have to pay the delivery costs attributable to the reshipment of his order.

In accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of cancelling the order under the terms and conditions defined in article L138-2 of the Consumer Code.

 

Article 9- Transfer of risks

As of the date of delivery of the iBiote kits ordered from the Company, they will be in Customer’s custody. Also, from the said delivery date, customer shall bear the sole risk that the iBiote kits may suffer or cause, for any reason whatsoever, even in the event of force majeure, fortuitous event or due to a third party.

 

Article 10- Warranty and return of Kits

All our kits benefit from the legal guarantee of conformity (article L217-4 and following of the Consumer Code) and the guarantee of hidden defects, provided by articles 1641 to 1648 of the Civil Code. In the event of non-compliance of an iBiote kit (kit not complete or received altered) found by the Company, a new iBiote kit will be returned free of charge to the customer.

In any event, these warranties are limited to the exchange or refund of the defective iBiote kit, according to the customer’s choice within the limits of availability, as well as to the payment of the shipping and handling costs of the said iBiote kits, excluding any payment of damages.

The following are excluded from any warranty, in particular:

• Apparent defects, i.e. visible defects in appearance not immediately declared by the Customer at the time of delivery of the iBiote kits;
• Defects or deterioration of the iBiote kits due to Customer’s failure to comply with the use or storage instructions provided by the Company;
• Defects or deterioration due to a factor external to the Company.

In the event of non-compliance with the sampling rules for kits received by the Company, the shipment of a new kit will be likely to be charged 10 Euros if the non-compliance is the responsibility of the customer.

 

Article 11- Terms of use of the iBiote kits

The customer undertakes to comply conscientiously with the instruction manual and instructions for use provided to him when sending the iBiote kit that he has ordered, failing which the analysis of the corresponding sample will be impossible or invalidated.

Completion of the online questionnaire is strongly recommended, although not mandatory. In the event of failure to respond to the questionnaire within the allotted time, the Company will return the analysis results without taking into account any information that the client may provide through this questionnaire. Completion or modification of the questionnaire will no longer be possible beyond fifteen days after receipt of the sample by the Company.

 

Article 12 Arrangements for consulting the results

When the report is ready, the customer receives an email informing him of its availability on his iBiote account. A link is attached in the email to directly access the report after logging in with his login and password.

 

Article 13- Liability

The iBiote kits offered are in compliance with the French legislation in force. The Company shall not be held liable in the event of non-compliance with the legislation of the country where the iBiote kit is delivered. It is your responsibility to check with local authorities to find out whether you can import or use the iBiote kits that you plan to order.

In accordance with article L.411-1 of the French Consumer Code, the sale of iBiote kits, through the present General Terms and Conditions of Sale, meets the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection.

The Company shall not be liable for any consequential damages that may arise from the purchase of iBiote kits.

Furthermore, Alphabio cannot be held responsible for damages resulting from misuse of the iBiote kit purchased.

The Company shall not be held liable for the non-fulfilment of orders in case of stock shortage or unavailability of iBiote kits, force majeure, disruption or total or partial strike, including postal services and means of transport and / or communication.

The Company cannot be held responsible for any loss of data, files. It is up to the client to make all necessary backups.

The Company may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

In all cases, the Company can only be held liable for direct material damage caused by its fault to the client, during the execution of its services, within the limit of the amount of the order paid by the client.

 

Article 14- Force majeure

Is considered a case of force majeure any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code, independent of its will and beyond its control, such as, in particular, as an indication and not limited: cases of civil unrest, acts of terrorism, epidemics, pandemics, machine breakdowns, fire, storms, water damage, strikes, shortages of raw materials, legislative or regulatory provisions, blockages of means of transport and supply of telecommunications networks, blockages of computer and telecommunications networks, failures of the public electricity distribution network, loss of internet connectivity.

 

Article 15- Applicable law in case of dispute

The language of this contract is the French language. The present conditions of sale are subject to French law. In the event of a dispute, the French courts of the place where the Company’s registered office is located shall have sole jurisdiction.

 

Version 1.0 Put on line the 06/04/2020