TERMS OF SALES

Definitions
These General Terms and Conditions of Sale (hereinafter the “GTC”) are offered by 1337 PHARMA SAS, with a capital of 1000 €, company registered with the RCS of Paris under the number 910 887 256, whose registered office is located at 11 RUE GEORGE BERNARD SHAW, 75015 PARIS (hereinafter “1337 pharma”).

Hereafter, we will refer to :

“Site”: the site https://www.biorecherche.fr/ and all of its pages.
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
” Seller ” : 1337 pharmacy , legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”.
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.

Article 1 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of his order on the Site.

The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of “food supplements”, “cosmetics”.

The Site is open and free to all Customers. The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of the present GCS, who recognizes by the same fact to have read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention “I acknowledge having read and accepted all the general conditions of the Site”. Ticking this box will be deemed to have the same value as a handwritten signature from the Client.

The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.

The Customer recognizes the proof value of the Seller’s automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.

The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer’s personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy is part of the T&Cs. Acceptance of these T&Cs therefore implies acceptance of the data privacy policy.

Article 2 – Creation of a customer account
The creation of a “customer account” is a prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.

The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined when registering and password) or possibly by using systems such as third-party social network connection buttons. . The Customer is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer’s account.

The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they have only an informative character intended to ensure efficient management of his orders or contributions by the Customer.

Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided erroneous information, when registering and of the creation of his personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.

Article 3 – Method of subscribing to orders and description of the purchasing process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.

We will define below as “Basket” the immaterial object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket”, the content of which may be modified at any time.

As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until the validation thereof.

Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these GCS relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 – Price and terms of payment
Unless otherwise stated, the prices appearing in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

1337 pharmacy reserves the right at any time to modify its prices and to pass on, if applicable, any change in the rate of VAT in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by credit card. Payments by credit card are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” article of these GCS only begin to run from the date of actual receipt of payment by the Seller, the latter being able to bring proof by any means. The availability of the Products is indicated on the Site, in the description of each Product.

1337 pharmacy will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 – Deliveries
The delivery costs will be indicated to the Customer before any payment. The Site has no geographic limitation of delivery, orders can be shipped anywhere in the world.

In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.

If the Customer’s package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to Article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, if no date or deadline is indicated when ordering, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied . The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Article 6 – Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by 1337 pharmacy of the refund request.

The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to 1337 pharmacy . It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post.

If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.

Reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the reimbursement does not give rise to costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with article L221-5 of the Consumer Code (“Hamon law”) of June 2014, the Consumer Customer can find at the bottom of this page a standard withdrawal form for an order placed on the site or use the model below for mailing:

Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of 1 337 pharmacy SAS, 11 RUE GEORGE BERNARD SHAW, 75015, PARIS

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Client(s):

Address of the Client(s):

Signature of the Client(s) (only in the event of notification of this form on paper):

Date :

(*) Strike out the useless mention.

Article 7 – Product Warranty
Legal provisions to reproduce
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises in accordance with article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity
According to Articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Cod