Preamble
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the sale of goods and services offered by Bio Composants Médicaux. Any order placed for a product implies prior consultation and acceptance of these general conditions. Consequently, the buyer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these terms and conditions does not require the handwritten signature of this document. The purchaser declares that he/she has full legal capacity to commit himself/herself under these terms and conditions.
Article 1: Entirety and modifications
The present terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific condition appearing in documents sent or delivered by the purchaser may be incorporated herein, insofar as such documents are incompatible with these general conditions. Bio Composants Médicaux reserves the right to modify these terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order.
Article 2: Entry into force - duration
These terms and conditions come into force on receipt of the order acknowledgement or signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods ordered.
Article 3: Prices
Prices are indicated in Euros. They do not include delivery charges, which are invoiced in addition. Prices include V.A.T. on the order acknowledgement, applicable on the day of the order. Bio Composants Médicaux reserves the right to modify its prices at any time but undertakes to apply the prices in force on the date the order is validated.
Article 4: How to order
The buyer may place an order:
- By telephone on (+33) (0)4.76.07.79.57
- By post to the following address Bio Composants Médicaux, 215 route de Bavonne, 38140 Saint Blaise du Buis, France.
- By e-mail: customer.service@biomedicaux.com
Whatever the method of ordering, the purchaser must specify:
- The date of the order
- Last name, first name
- Customer reference, if any (account holder)
- Delivery and billing address
- E-mail address
- Product references, description, number of units for each reference,
- Total price
- Payment method
The order validation date corresponds to:
- For a buyer, the date of receipt of the order acknowledgement by the customer.
- An advance payment may be required to validate the order.
Article 5: Payment methods and security
The buyer guarantees Bio Composants Médicaux that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form.
5-a. Buyer:
Bio Composants Médicaux issues an invoice on the date the supplies are made available. The purchaser must pay the invoice within 30 days using one of the payment methods below. In the event of non-payment by the due date, the debt will be increased by penalties, calculated from the due date to the day of full payment at a rate equal to one and a half times the legal interest rate plus a surcharge for collection costs.
As an exception, and at Bio Composants Médicaux's discretion, the order will only be validated once payment has been received. The purchaser may pay by one of the following methods:
5-b. Means of payment:
- By cheque payable to Bio Composants Médicaux
Bio Composants Médicaux reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by officially accredited organizations or in the event of non-payment.
In particular, Bio Composants Médicaux reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a dispute has arisen.
Article 6: Product availability and shipping
Products available in stock are shipped within 48 hours after the order has been validated. In the event of unavailability, Bio Medical Components undertakes within 48 hours of receipt of the order to indicate the delivery date by e-mail to the buyer. The latter can then, on simple request by e-mail to customer.service@biomedicaux.com requests the cancellation of the order for the product(s) concerned and its refund(s).
Article 7: Delivery terms and deadlines
7-a: Delivery terms and charges:
Products are delivered by post to the address indicated by the purchaser when ordering.
For dentists and prosthetists and direct sales: Free delivery for orders over 200 EUROS (excl. VAT) and 600 EUROS (excl. VAT) for international deliveries and French overseas departments and territories. Postage and packing to be paid by the purchaser for orders below the carriage-free rate: 15 EUROS in mainland France and 45 EUROS abroad and in French overseas departments and territories.
For distributors: A minimum order of 500 EUROS excluding VAT in France (excluding DOM-TOM) is required to validate an order, and 1000 EUROS for international orders and orders in DOM-TOM.
7-b: Carrier delivery times:
Average delivery time announced by the service provider: 2 days for metropolitan France, 4 days for the European Union and other European countries. For international deliveries and DOM, TOM, the delivery time is defined in the order acknowledgement. This time is added to the shipping time.
7-c: Backorders
Buyers will not be billed for carriage costs for outstanding orders when BCM is unable to deliver a complete order.
7-d: Grouping of orders
When orders are grouped, shipping costs are reduced and invoiced only once.
Article 8: Electronic signature (law of March 13th, 2000, on electronic signature)
Any order form signed by the purchaser by "validation click" constitutes irrevocable acceptance of the order. Bio Composants Médicaux reserves the right to cancel an order if it contains one or more of the following errors.
Article 9: Proof of transaction
The computerized registers, kept in the computer systems of Bio Composants Médicaux under reasonable security conditions, will be considered as proof of communications and orders between the parties. Acknowledgements of receipt of orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 10: Delivery problems caused by the carrier
10-a: The buyer is required to check the condition of the packaging and the goods on delivery. Any anomaly concerning the delivery (damage, missing product compared to the order form, damaged parcel, broken products, etc.) must be reported to the carrier within two working days of the delivery date by registered letter with acknowledgement of receipt, setting out the said complaints. The buyer must send a copy of this letter to Bio Composants Médicaux.
10-b: If the products need to be returned to BCM, the purchaser must submit a return request to BCM within two working days following the delivery date, specifying the references, the number of products and the cause of the deterioration. Any claim made after this deadline will be rejected. The formulation of this request for return to the company BCM may be made in the form of e-mail to customer.service@biomedicaux.com
10-c: Any request for return not carried out in the rules defined above and within the time limits could not be considered and will release the company BCM of any responsibility with respect to the purchaser.
10-d: Upon receipt of the claim, BCM will assign a return number for the product(s) concerned and will communicate it to the buyer by e-mail or telephone. The exchange of a product can only take place after the buyer has been given a return number in accordance with the above procedure.
10-e: Any product to be exchanged must be returned to BCM as a whole and in its original packaging, by registered mail, to the following address: BCM - Service client - 215 route de Bavonne, 38140 Saint Blaise du Buis. FRANCE, accompanied by the return number. Shipping costs are at the expense of BCM, except if the returned product does not correspond to the original declaration made by the purchaser at the time of the return request.
Article 11: Delivery errors or non-conformity
11-a: Within two working days following the date of delivery, the buyer must notify BCM of any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the indications on the order acknowledgement. The buyer must specify whether he/she wishes an exchange or refund of the product(s). Any claim made after this deadline will be rejected.
11-b: The formulation of this complaint with the company BCM could be made in the form of electronic mail to customer.service@biomedicaux.com or by mail to BCM.
11-c: Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company Bio Composants Médicaux of any responsibility with respect to the purchaser.
11-d: Upon receipt of the claim, BCM will assign a return number for the product(s) concerned and will communicate it to the buyer by e-mail or telephone. The exchange of a product can only take place after the buyer has been given a return number in accordance with the above procedure.
11-e: Any product to be exchanged or refunded must be returned to BCM as a whole and in its original packaging, by registered mail, to the following address: BCM - Service client 215 route de Bavonne, 38140 Saint Blaise du Buis- FRANCE, accompanied by the return number. Shipping costs are borne by BCM, except if the product taken back does not correspond to the original declaration made by the purchaser. In the event of a refund, BCM will make every effort to reimburse the purchaser within 15 days. The buyer will then be reimbursed by bank transfer or cheque.
Article 12: Product warranty
In accordance with article 4 of decree n°78-464 of March 24, 1978, the provisions of the present contract cannot deprive the purchaser of the legal guarantee which obliges the professional seller to guarantee against all the consequences of hidden defects in the article sold.
Article 13: Force majeure
Neither party shall have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure.
An act of God or force majeure shall be deemed to be any fact or circumstance that is irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them.
The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 14: Partial invalidation
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.
Article 15: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in the present terms and conditions shall not be construed as a waiver of the obligation in question for the future.
Article 16: Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 17: Applicable law and jurisdiction
The present terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a complaint, the purchaser shall first contact BCM to obtain an amicable solution. In the event of a dispute, the courts of GRENOBLE shall have sole jurisdiction.
Article 18: Information Technology and Civil Liberties
The information requested from the purchaser is necessary for the processing of the order and may be communicated to BCM's contractual partners involved in the execution of the order.
To oppose such communication, or to exercise his rights of access, rectification with regard to information concerning him and appearing in the files of the company BCM, under the conditions provided by the General Regulation on Data Protection (RGPD), in force since May 25, 2018 in the European Union and supplemented in France by the Data Protection Act of June 20, 2018, the buyer may write to the company BCM or send his written request by e-mail to customer.service@biomedicaux.com