The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (GTC).
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site and guarantees that the purchase of Products on the Site is not directly related to a professional activity and is limited to strictly personal use.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ABIOCOM, a simplified joint-stock company registered with the Toulouse Trade and Companies Register under number 500 112 438 RCS Toulouse, whose registered office is located at 9 avenue Léonard de Vinci, 31880 LA SALVETAT SAINT GILLES ("ABIOCOM" or "the Seller"), to consumers and non-professional buyers ("The Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("The Products") on the website www.gsil.fr ("the Site").
They specify in particular the conditions of ordering, payment, delivery and handling of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the Site, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website www.gsil.fr and will prevail, where applicable, over any other version or contradictory document.
They only concern orders intended to be delivered exclusively within metropolitan France and Belgium.
These General Terms and Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in effect on the website on the date the order is placed.
Modifications to these General Terms and Conditions of Sale are binding on users of the website www.gsil.fr from the date they are published online and cannot apply to transactions concluded prior to that date.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the Site are products of natural origin, certified ecological and/or organic.
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site.
The Customer is required to read this before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and do not constitute a binding commitment on the part of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and is subject to confirmation no later than when the order is validated by the Customer.
ARTICLE 3 - Validity Period of the Product Offer
Product offers are subject to availability, as specified when placing the order.
In the event that Products become totally or partially unavailable after an order has been placed, the Customer will be informed by the Seller as soon as possible of the unavailability of the Product. Their order will be cancelled, and they will be offered the opportunity to reorder the remaining products.
ARTICLE 4 - Seller's Contact Details
ABIOCOM
9 Avenue Léonard de Vinci
CS 70 005
31880 La Salvetat-Saint-Gilles
05 34 48 02 17
bonjour@gsil.fr
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of his personal data by writing, by mail and providing proof of his identity, to the Seller's address, mentioned above.
ARTICLE 5 – Orders
5-1. Placing the order
It is up to the Customer to select on the Site the Products he wishes to order, according to the terms and conditions set out on said site.
The Customer has the opportunity to review the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.
Placing an order on the Site implies acceptance of all the Terms and Conditions.
The sale is final only after the Seller sends the Customer confirmation of acceptance of the order by email no later than 48 hours after the order is placed, and after the Seller has received full payment.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the Site constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.
The Customer will be able to track the progress of their order on the Site.
5-2. Order Modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Order Cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercising the right of withdrawal or in cases of force majeure.
ARTICLE 6 – Rates
The Products are supplied at the prices in effect on the Site at the time the Seller registers the order. Prices are expressed in Euros and include VAT.
The prices take into account any discounts that may be offered by the Seller on the Site.
These prices are fixed and non-negotiable during their period of validity, as indicated on the Website. Outside of this period of validity, the Seller reserves the right to modify prices at any time. They do not include processing, shipping, transport, and delivery fees, which are charged separately, under the conditions indicated on the Website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery charges, as shown at the time of order confirmation by the Customer, are entirely at their expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice issued by the Seller will be made available to the Customer, accessible in their online customer area and, upon request, can be sent to them by email.
ARTICLE 7 - Payment Terms
The price is payable in full, in cash, on the day the order is placed by the Customer, via secure payment, by bank card: Visa, MasterCard, American Express, other bank cards
Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and a refund of the corresponding amounts.
Payments made by the Customer will only be considered final after the Seller has effectively received the sums due.
The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of pending orders placed by the Customer.
No additional fees, exceeding the costs incurred by the Seller for the use of a payment method, may be charged to the Customer.
All sums paid by the Client cannot be considered as deposits or down payments.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered in metropolitan France within the shipping time indicated on the order summary before validation of said order by the Customer, plus the processing and delivery time.
Delivery will be made to the address provided by the Customer when placing their order on the Website. The Seller cannot be held liable for any delivery failure caused by an incorrect or incomplete address. Any order returned to the Seller due to an incorrect or incomplete address will be reshipped at the Customer's expense, provided the Seller has corrected the address.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the aforementioned timeframes. However, these timeframes are provided for informational purposes only. If the ordered Products have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or the Customer's own actions, the sale may be cancelled at the Customer's written request, in accordance with Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The Customer must inform the Seller as soon as possible by email to the following address: bonjour@gsil.fr .
The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's Liability - Warranty".
The Seller assumes the risks of transport and is required to reimburse the Customer in case of damage caused during transport.
Deliveries are made by an independent carrier, to the address provided by the Customer when placing the order and to which the carrier can easily access.
The Customer is required to check the condition of the delivered products. They have 96 hours from delivery to submit any reservations or claims regarding non-conformity or apparent defects of the delivered Products (for example, a damaged or already opened package, etc.) by email to bonjour@gsil.fr , along with all supporting documentation (including photos). After this period, and if these formalities have not been observed, the Products will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).
ARTICLE 9 - Transfer of Ownership - Transfer of Risk
Ownership of the Seller's Products will only transfer to the Customer after full payment of the price by the Customer, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risk of loss and damage relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with applicable legal provisions, the Customer has a period of 14 days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer's decision to withdraw.
Beyond this period, the sale will be firm and final.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted for return.
The right of withdrawal can be exercised online, using the withdrawal form available at the bottom of these Terms and Conditions (Appendix 2) and via the email address bonjour@gsil.fr . The Seller will send the Customer an acknowledgement of receipt.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The refund will be made within 14 days of notification to the Seller of the decision to withdraw, provided that the Customer has returned the Products to the Seller within the same time frame.
ARTICLE 11 - Seller's Liability – Warranty
The Products sold on the Site comply with the regulations in force in France and have performance levels compatible with non-professional uses.
The Products supplied by the Seller benefit, by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order,
- the legal guarantee against hidden defects arising from a flaw in materials, design or manufacturing affecting the delivered products and rendering them unfit for use,
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 96 hours from the delivery of the Products or the discovery of the hidden defects within the aforementioned periods and return the defective Products by post in the condition in which they were received with all the elements (accessories, packaging, instructions...).
The Seller will refund or replace non-conforming or defective Products.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of proof of payment.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's confirmation of the non-compliance or hidden defect.
The refund will be made by credit to the Client's bank account or by bank check sent to the Client.
The Seller shall not be liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 12 - Protection of personal data
In accordance with Law 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, it is noted that the personal data requested from the Customer is necessary for the processing of their order and the preparation of invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Site complies with legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability and limitation of processing with regard to information concerning him/her.
This right can be exercised under the conditions and according to the procedures defined on the Site.
ARTICLE 13 - Intellectual Property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 – Independence
The invalidity or unenforceability of any clause of these General Terms and Conditions shall not affect the validity of the other stipulations, which shall retain their full force and scope.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable Law – Language
These Terms and Conditions and the transactions arising therefrom are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 – Disputes
All disputes arising from transactions concluded under these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under the conditions of common law.
In accordance with the provisions of Articles L. 612-1 et seq. of the Consumer Code, the Customer has the prior option of resorting free of charge to a consumer mediator with a view to the amicable resolution of the dispute which opposes him to ABIOCOM.
Prior to contacting the consumer mediator, the Customer must contact Customer Service for any dispute with ABIOCOM using the Contact Form.
In the absence of a response or amicable agreement following discussions with ABIOCOM within forty-five (45) calendar days and subject to Article L. 612-2 of the Consumer Code, the Client may refer the matter to the Paris Mediation and Arbitration Centre (“CMAP”) located at 39, avenue Franklin D. Roosevelt, 75008 PARIS, by mail or by using the dedicated form on the CMAP website or by email: consommation@cmap.fr;
In any event, the Client is required to comply with the rules of the consumer mediation process which can be consulted on the CMAP website.
ARTICLE 18 - Pre-contractual information - Customer acceptance
Placing an order on the Site by a natural person (or legal entity) implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX 1 - Provisions relating to legal guarantees
ABIOCOM, in its capacity as seller, is liable for defects in conformity of the Product it has sold in accordance with Articles L. 217-3 to L. 217-4 of the Consumer Code, partly reproduced below.
Legal guarantee of conformity
Article L217-4 of the Consumer Code
The Seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the Seller's responsibility under the contract or was carried out under the Seller's supervision.
Article L217-5 of the Consumer Code
To comply with the contract, the goods must:
- be fit for the purpose for which goods of the same type are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
- or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.
ABIOCOM is also bound by the legal guarantee against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code, as well as in Article 2232 of the same code, partly reproduced below.
Warranty against hidden defects
Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2 - Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.gsil.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
ABIOCOM
9 Avenue Léonard de Vinci
CS 70 005
31880 La Salvetat-Saint-Gilles
Order dated: ...........................................................
- Order number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................
Client Signature (only if this form is submitted on paper)
