General Terms and Conditions of Sale
These general terms and conditions of sale (hereinafter referred to as the "GTC") are concluded between:
- on the one hand, the SAS "Un Air d’ici", hereinafter referred to as the "Seller", whose registered office is located at 850 chemin de Villefranche, 84200 CARPENTRAS, registered with the Trade and Companies Register of Carpentras under number 433902491, VAT number: FR77433902491, and
- on the other hand, any person wishing to make a purchase via the portal of the website https://justebio.bio/ (hereinafter referred to as the "Site") of the Seller, hereinafter referred to as the "Buyer".
Article 1: Scope
The GTC aim to define the contractual relationship between the Seller and the Buyer and apply by right to any purchase of bulk or packaged products of the "JusteBio" brand (the "Product(s)") made through the Site portal. The Products are offered for sale within the limits of available stocks.
Any purchase of Products made on the Site implies unconditional acceptance by the Buyer of the GTC, which prevail over any general terms and conditions of purchase, except those expressly accepted by the Seller. In particular, the Buyer cannot claim penalties and/or compensations related to logistical or transport conditions. The Seller reserves the right to modify the GTC at any time by publishing a new version on the Site. The GTC applicable to a purchase are those in force on the date of the order by the Buyer and have been communicated prior to it.
Article 2: Prices
The prices listed on the Site are inclusive of all taxes (TTC) – in euros. The Seller reserves the right to modify its prices at any time, it being understood that the price listed on the Site on the day of the order will be the only one applicable to the Buyer. The Seller sends an invoice by email on the day of the order. Each order includes delivery charges, according to the conditions specified on the site, which are borne by the Buyer.
Article 3: Geographical Area
The online sale of the Products presented on the Site is reserved for Buyers located only in Metropolitan France.
Article 4: Orders and Conclusion of the Online Contract
The Buyer, who wishes to place an order, must necessarily go through the following steps:
Prior account creation on the Site:
- Register on the Site.
- Fill out the form and provide the necessary documents.
- Select the desired Products. In case of prolonged inactivity of the Buyer on the Site, it is possible that the selection of Products will be lost and must be re-entered by the Buyer.
- Indication of the essential data of the Buyer (identification, address, etc.).
- Acceptance of the GTC.
- Verification and validation of the order elements and, if necessary, correction of errors.
- Follow the payment instructions and pay for the order.
The Buyer will then receive confirmation of the order and its payment by email. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason. Any order confirmed by the Seller is firm and final, except in case of shortage or supply delay.
Article 5: Clause of Immediate Transfer of Risks
The Seller reminds that at the moment when the Buyer physically takes possession of the Products, he/she bears the risks. The storage conditions of the Products are clearly and precisely stipulated on the product sheets. The Seller cannot be held responsible for the degradation of a Product that would not be stored according to these conditions.
Article 6: Payment Terms
The price is due upon order validation. The order payment is made by credit card or Paypal account.
Penalties are automatically applicable in case of late payment by the Buyer. Unpaid amounts at the due date will bear interest equivalent to three times the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. A fixed compensation for recovery costs of 40 euros will be automatically due. If the recovery costs incurred exceed the amount of this fixed compensation, the Seller reserves the right to claim additional compensation upon justification.
Article 7: Delivery Conditions
Deliveries are made to the address indicated in the order, which can only be in the agreed geographical areas (article 3), within a period, communicated as an indication, calculated from the order confirmation. Exceeding this period will not give rise to any compensation.
In case of apparent non-conformity of the order (quantity, defect), the motivated protest must be made to the Seller within three days from the date of delivery, in which case, the Seller undertakes, at its choice and at its expense, to replace the delivered Products with conforming Products, or to proceed with their reimbursement, without prejudice.
Article 8: Availability
Orders will be processed within the limits of our available stocks or subject to the stocks available from our suppliers. In case of unavailability of a Product for a period exceeding 10 working days, the Buyer will be immediately informed of the foreseeable delivery times and the order for this Product may be canceled upon simple request. The Buyer may then request a credit for the amount of the Product or its refund.
Article 9: Warranty
All Products supplied by the Seller benefit from the legal warranty provided by articles 1641 and following of the Civil Code. In case of non-conformity of a Product sold, it may be returned to the Seller who will exchange it or refund it.
Article 10: Liability
The Seller, in the process of online sales, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusions, viruses, service interruptions, or other involuntary problems.
In any case, the maximum liability of the Seller for any direct damage suffered by the Buyer is limited to the total amount of the order subject to the dispute. Furthermore, the Buyer acknowledges and accepts that any indirect damage, as well as any loss of opportunity, income, or profits, is expressly excluded from the scope of compensation.
Article 11: Force Majeure
Neither party will be liable to the other party for any delay in performance or non-performance that is due to an event of force majeure as defined in article 1218 of the Civil Code, including, but not limited to, war, riot, fire, strike, natural disaster, pandemic.
Notwithstanding the foregoing, force majeure will not exempt the parties from their obligations to pay a sum of money in execution of these presents.
Insolvency cannot in any way constitute an event of force majeure.
Article 12: Intellectual Property
All elements of the Seller's website are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the site, whether software, visual, or audio.
The Buyer does not acquire any intellectual property rights, nor any license, whatever the basis or content, on the trademarks and other distinctive signs of the Seller.
However, the Seller authorizes the Buyer to use the "JusteBio" brand and its distinctive signs solely for the purpose of fulfilling its obligations, particularly for the marketing and promotion of its Products.
The Buyer will provide all necessary assistance to the Seller in the context of actions that the Seller may take to enforce and protect its rights.
Article 13: Dispute Resolution
These online sales conditions are subject to French law. In case of dispute, jurisdiction is assigned to the Commercial Court of Avignon, notwithstanding multiple defendants or third-party claims.
Article 14: Personal Data Protection
The Seller undertakes to collect and process personal data necessary for the conduct of its activity in strict compliance with the applicable European regulations on personal data protection, in particular the European Regulation 2016/697 of April 27, 2016 (GDPR) (the "Applicable Regulation").
Furthermore, in the context of its obligations under these GTC, the Seller may be required to process personal data communicated by the Buyer.
The Seller undertakes to take the necessary precautions to preserve the security of the data belonging to it and those communicated by the other party, and to carry out under its own responsibility the necessary formalities to be in compliance at all times with the Applicable Regulation.