Terms and Conditions of Sale
Website https://hbiomed.com/
PREAMBLE
The website, presented in the French language and accessible via the Internet at the address www.hbiomed.com.eu, is published by:
SANTE SERVICE SARL, whose registered office is located at 679 avenue de la République, 59800 LILLE, France, registered with the LILLE METROPOLE Trade and Companies Register under number 421 725 136 (hereinafter “the Seller”).
It is hosted by Shopify Inc., 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada.
Article 1: Scope of application and definitions
These GTC apply to any order for products placed on the Seller's website, whether the buyer is a consumer or a professional, a natural or legal person having legal capacity. The Customer who is a natural person declares that they have reached the legal age of majority and are not under guardianship or curatorship.
“Consumer” means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity; “Professional” means any natural or legal person acting within the scope of their commercial, industrial, craft, liberal or agricultural activity.
The protective provisions of the French Consumer Code referred to in these GTC (pre-contractual information, right of withdrawal) apply only to contracts concluded between the Seller and a Consumer or, where applicable, to certain off-premises contracts concluded with small professionals where the law so provides.
The Seller reserves the right to modify these general terms and conditions of sale at any time, without notice, it being understood that such modifications will not apply to orders previously accepted and confirmed by the Seller. These terms and conditions apply to the exclusion of any other document.
Article 2: Pre-contractual information for consumers
Prior to the conclusion of the contract, the Seller provides the Consumer, in a legible and comprehensible manner, with the information required for distance contracts, and in particular the essential characteristics of the products, their price, the date or period within which the Seller undertakes to deliver the products, its identity and its postal, telephone and electronic contact details, the terms of payment, delivery and performance, the existence of legal guarantees, the possibility of recourse to a consumer mediator and, where applicable, information relating to the right of withdrawal or its absence (Article L221-13 of the French Consumer Code).
Where the right of withdrawal cannot be exercised pursuant to Article L221-28 of the French Consumer Code, the Seller provides, before the conclusion of the contract, clear and comprehensible information stating that the Consumer does not benefit from this right, or the circumstances in which they lose it, specifically identifying the products concerned.
Article 3: Product presentation and AI-generated images
3.1 Nature of the images
The product presentation photographs and videos, whether taken from real shots or generated/retouched by an artificial intelligence tool, are intended to represent the essential characteristics of the product (design, function, use) in a faithful and proportionate manner, without exaggeration or staging likely to substantially distort the economic behaviour of the average consumer.
These images and videos have an illustrative purpose and do not constitute contractual photographs of the products actually delivered. The contractual characteristics of the products are those described in the product sheets (composition, quantity, dimensions, instructions for use, etc.), which prevail over the visual rendering generated by AI.
Where images or videos have been substantially generated or modified by an artificial intelligence tool, this is explicitly indicated on the presentation medium (for example the notice “All visuals, images and videos, are generated by artificial intelligence”), so as to avoid any presentation likely to mislead the Consumer as to the material reality of the product, its method of manufacture or its origin.
3.2 Transparency and commercial practices
The Seller clearly informs the Customer, before the conclusion of the contract, that the product images are generated by an AI system, and that consequently certain visual elements (colour, texture, environment, graphic effects) may not accurately reflect the actual product. This information is provided in a clear, comprehensible and directly accessible manner.
The AI agents used by the Seller to generate or present visual content are AI systems within the meaning of the European Regulation on artificial intelligence (AI Act) of 13 June 2024; their use complies with the requirements of transparency and reliability, in particular when these systems are integrated into online commerce services (agentic or conversational commerce).
Where the Seller uses an AI agent to recommend products or to assist the buyer in their purchasing journey, the agent's responses are grounded in sources (internet search, product database); the Seller ensures that the presentation of information and products does not falsely create the impression that the advice comes from other suppliers or that labels or certifications have been obtained when this is not the case.
It is recalled that the visuals may present certain minor differences from the product actually delivered (colour variations related to screen rendering, staging environment, presence of accessories not included, etc.). These differences relate neither to the substantial qualities, nor to the composition, nor to the origin, nor to the fitness for use of the products.
Accordingly, the Seller cannot be held liable in the event of error.
Article 4: Formation of the contract by electronic means
4.1 Online ordering process
For any order placed on the website, the Customer (consumer or professional) is informed, in a legible and comprehensible manner, before placing their order, of the essential characteristics of the products, their price, the duration of the contract where applicable, the accepted means of payment and any delivery restrictions, in accordance with the information obligations applicable to contracts concluded by electronic means and to distance contracts.
The ordering process takes place in several clearly identified steps: selection of the products and their characteristics (including, where applicable, the customisation parameters for made-to-measure products), order summary with details of the products, the price inclusive of all taxes and delivery charges, choice of payment method, then final validation.
Before validation, the Customer can check the details of their order and correct any errors, in accordance with the requirements for clear presentation of contracts offered to Consumers. The order is validated by activating a function containing the clear and legible wording “order with obligation to pay” or a similar unambiguous formula indicating that placing the order entails an obligation to pay, the buyer thus explicitly acknowledging their obligation to pay.
Once this validation has been carried out, the contract is concluded and an order confirmation summarising all the pre-contractual information is sent to the Customer on a durable medium at the latest at the time of delivery.
The sale is validly and definitively formed between the parties as from the acceptance of the sale by the Seller, which is evidenced by the sending of an email confirming the bank payment and the sending of the invoice.
In any event, no payment is required from the consumer before they are actually bound by the contract, the order validation function evidencing their commitment and triggering the obligation to pay.
Orders are archived for a period of 12 months and can be consulted at any time for a period of 12 months in the “My Account” area.
Orders placed at the weekend (from Friday after 4:00 pm to Sunday evening) or on a public holiday or non-working day will be recorded within two working days at the latest. The Customer accepts that the order recording systems shall constitute evidence of the nature of their agreements and their dates.
At any time, the Customer can obtain information on the tracking of their order on the website www.hbiomed.com, in the “History and details of my orders” section and in “My Account”.
4.2. Secure payment
The cards accepted are Carte Bleue, Mastercard and Visa. When validating the order, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is indeed theirs. The Customer provides the sixteen digits and the expiry date of their bank card as well as, where applicable, the numbers of the visual cryptogram. The online provision of these elements and the final validation of the order constitute proof of the integrity of the order and of the enforceability of the sums due in performance of the said order.
In order to ensure the security of payments, the Seller uses the secure payment service STRIPE or Shopify Payments. The server is encrypted using the SSL (Secure Socket Layer) protocol and confidential information is transmitted directly encrypted to the server to be verified there. The information never travels in clear and is not stored on the server. This is why the data relating to bank cards (number, expiry, cryptograms) is requested with each new transaction on the website www.hbiomed.com.
By providing the information relating to their bank card, the Customer authorises the Seller to debit their bank card for the amount corresponding to the All-Inclusive Price.
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer. In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated as of right and the Order will be cancelled.
The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of performance, in the event of a payment incident or an incorrect address.
In relations between professionals, invoices issued for online orders are payable in accordance with the payment terms provided for herein and may include, in the event of late payment, penalties calculated on the basis of a determined rate and a fixed indemnity for recovery costs, the general terms and conditions of sale constituting the sole basis of the commercial negotiation and having to mention the elements for determining the price and the payment terms (Article L441-1 of the French Commercial Code).
Article 5: Availability
Product offers and prices are valid as long as they are visible on the website, within the limits of available stocks. In the event of unavailability of products after the order has been placed, the Seller will inform the Customer by email or post as soon as possible.
Article 6: Price of the items on sale on the website
Our prices are indicated in euros excluding tax and inclusive of tax, excluding delivery charges, and take into account the French VAT in force.
The amount of the delivery charges is determined by the place of delivery and the weight of the products. It can be consulted before confirmation of the order and is shown on the invoice at the time of payment.
In all cases, the Seller reserves the right to modify its prices and delivery charges at any time, but the products will be invoiced on the basis of the rates in force at the time the order is recorded, subject to availability on that date.
Article 7: Made-to-measure products
7.1 Provision of information under the Customer's responsibility
Made-to-measure products are sold on the basis of the indications, plans, sketches, measurements and technical specifications provided by the customer.
The quotation and the order form are drawn up in accordance with these indications, measurements and plans, which the customer declares to be accurate and complete. The customer acknowledges that they make it possible to determine the object of the contract and the essential characteristics of the products (dimensions, layout, colours, finishes, options, equipment, etc.).
The customer warrants that they are able to provide all the necessary measurements and information (dimensions, inscriptions, technical constraints, existing networks, etc.) and assumes the consequences of any error, omission or inaccuracy affecting these elements, subject to the legal guarantees they benefit from pursuant to Articles 1641 et seq. of the French Civil Code and the provisions relating to the legal guarantees of conformity and hidden defects mentioned in Article 11 hereof (legal guarantees).
The dimensions indicated in the quotation may present variations inherent to manufacturing and craft cutting. A tolerance of ±15 mm on the dimensions is accepted by the customer when validating the quotation.
For certain particular realisations, in particular in the presence of rounded edges, chamfers, specific cuts or technical constraints related to manufacturing, deviations greater than this tolerance may be necessary. In this case, the applicable tolerance is specified in the quotation where possible and is deemed accepted by the customer upon validation.
These variations, when they result from manufacturing constraints or the craft nature of the realisation, cannot be considered as a non-conformity as long as the realisation remains in conformity with the essential characteristics agreed in the quotation.
If, upon delivery or installation, it appears that the made-to-measure products produced in accordance with the quotation and the order form cannot be installed or used under the envisaged conditions, due to errors or omissions in the measurements, plans, technical constraints or specifications provided by the customer, the order is deemed to be in conformity with the contract and cannot be refused on this ground.
In this case, the customer remains liable to pay the agreed price, the balance being due on the date provided for in the contract or, failing that, on delivery within the meaning of Article L. 216-1 of the French Consumer Code. Any additional costs that may be necessary to allow the installation or adaptation of the products (modifications, additional parts, new manufacturing) will be invoiced to the Customer on the basis of an accepted quotation.
The Customer cannot require the taking back, exchange or refund of the products on this sole basis, since they comply with the specifications set out in the quotation and the order form validated by them.
This clause does not prevent the Customer from exercising their remedies based on the legal guarantees (conformity, hidden defects) and on the professional's liability in the event of a breach of its own legal or contractual obligations.
7.2 Deposit and cancellation for special orders
As made-to-measure products are produced specifically for the customer, on the basis of their instructions and cannot be resold to a third party without significant loss of value, the sums paid in advance for the order constitute deposits (acomptes), and not down payments (arrhes), and definitively bind the parties. The legal provisions relating to the regime of down payments and deposits provided for in Chapter IV of Title I of Book II of the French Consumer Code do not apply to special orders based on a quotation or to sales of products whose manufacture is undertaken on the special order of the buyer.
Upon signing the order form, the customer pays a deposit amounting to 100% of the total price inclusive of tax.
This deposit definitively binds the parties:
- in the event of normal performance of the contract, it is set off against the price;
- in the event of cancellation attributable to the Customer after manufacturing has started, the deposit remains acquired by the professional as an initial compensation for the loss suffered, without prejudice to the professional's right to claim payment of an additional indemnity corresponding to the actual cost of the materials, of the manufacturing and, where applicable, of the services already performed.
Article 8: Delivery times
8.1 Information on the time frame at the time of the order – Consumers
For contracts concluded with a consumer, the seller communicates, before the consumer is bound by the contract and on the online ordering interface, in a legible and comprehensible manner, the date or the time frame within which it undertakes to deliver the product.
The time frame indicated on the website at the time of the order corresponds to delivery within the meaning of the French Consumer Code, i.e. to receipt by the consumer or the third party they have designated, and not to mere dispatch by the Seller.
In the case of a distance contract accompanied by a right of withdrawal, the withdrawal period runs, for the sale of products, from receipt of the goods.
8.2 In-stock products and made-to-measure products
When the ordered product is available in stock at the time of the order, the website indicates a firm delivery time (date or maximum period) that takes into account the preparation and transport times. Generally, the product is delivered within 7 days, subject to the availability of the product in stock.
Under no circumstances may delivery delays due to product shortages give rise to indemnities and/or damages.
For products manufactured to measure, individualised or made according to the Customer's specifications, or for special orders based on a quotation placed online, the time frame indicated on the website for each order includes a manufacturing time and a dispatch time, each being specified, the starting point of the overall time frame being linked to the occurrence of objective events (fulfilment of conditions precedent, validation of the quotation) and not to the sole will of the Seller.
8.3 Online delivery time for professional customers
For orders placed online by Customers acting for the purposes of their professional activity, the delivery deadlines displayed on the website constitute indicative time frames clearly identified as such, within the limits of available stocks and manufacturing capacities.
The Seller remains bound to perform within a reasonable time assessed with regard to the nature of the service and standard practice.
8.4 Grounds for postponement
In the event of the occurrence, after the online order, of an event having the characteristics of an act of God or force majeure, or of a supply difficulty or non-conformity of raw materials that cannot be attributed to the Seller, the Seller may suspend the performance of its delivery obligations for the duration of the impediment, the postponement of the time frame being notified to the customer by a written message sent via the online interface or by another durable medium.
The Seller indicates the reasons for the delay, the new expected deadline and, where applicable, the alternative solutions offered.
The Seller is in no way responsible for failure to comply with the transport times announced by the carrier itself. Accordingly, no compensation or refund may be claimed from the Seller in the event of a delay due solely to the carrier's default.
Article 9: Delivery and reservations
Deliveries are made exclusively in France (including the French Overseas Departments and Collectivities) and the European Union, to the delivery address indicated by the Customer. For other countries, please consult the seller via the contact page.
9.1 Consumer customer
The consumer Customer is invited to check the apparent condition of the parcel and the product upon delivery and to note any damage or reservation on the transport document or, failing that, to report them in writing (post, email or online form) to the Seller within three working days following receipt. This prompt information enables the seller to exercise, where applicable, its recourse against the carrier within the time limit for protest provided for damage and partial losses (in particular for domestic transport: a period of three days following receipt, not including public holidays) (Article L133-3 of the French Commercial Code).
In the absence of a report within this period, the consumer Customer accepts that the Seller may no longer be able to organise a return of the product specifically based on transport damage and to exercise recourse against the carrier for this damage. This limitation does not, however, deprive the consumer of the possibility of invoking, within the legal time limits, a lack of conformity of the goods delivered and, where applicable, of obtaining the bringing into conformity, the reduction of the price or the rescission of the contract on the basis of the legal guarantee of conformity.
The risk of loss of or damage to the products is transferred to the consumer at the moment when the consumer or a third party they have designated, other than the carrier proposed by the Seller, takes physical possession of the products.
9.2 Professional customer
In relations between professionals, the products travel at the Customer's risk and peril. Under no circumstances may delivery delays give rise to indemnities and/or damages.
The professional customer or their representative shall, at the time of delivery, check the number of parcels, the apparent condition of the goods, their packaging and their conformity with the transport documents. This check is carried out in the presence of the carrier and before signing the transport document or the delivery note, the taking over and delivery being understood as the physical handover of the goods to the carrier and then to the recipient within the meaning of the standard contract and the legal definitions (Article Annex VI of the French Transport Code).
Any apparent damage or loss must be noted in a precise, detailed and reasoned manner on the transport document (waybill, delivery receipt or equivalent), indicating in particular the nature of the damage, the parcel(s) concerned and, where applicable, the number of missing items, these reservations being signed by the customer or their representative and by the carrier or their employee. In the absence of written and significant reservations at the time of handover, receipt is presumed to be in conformity and the goods deemed delivered as described in the transport documents, without prejudice to subsequent notifications authorised by law.
In the event of losses or damage that are not apparent at the time of delivery, the professional Customer must notify the carrier of a reasoned protest, by extrajudicial act or by registered letter, within three days, not including public holidays, following the day of receipt, in accordance with the mandatory regime of domestic transport (Article L133-3 of the French Commercial Code). The Customer shall ensure that this notification precisely identifies the goods concerned and the nature of the damage, mere general statements or undetailed reservations being deemed to have no legal effect in reversing the presumption of conforming delivery.
Reservations made at the very time of delivery and accepted, expressly or tacitly, by the carrier, shall constitute a reasoned protest and prevent the extinction of the action provided for in Article L133-3 of the French Commercial Code.
General or imprecise reservations are not sufficient, in themselves, to attribute the damage to transport, nor to reverse the presumption of conforming delivery, the customer remaining bound to prove that the damage existed at the time of delivery and is attributable to the carrier when the damage was not established on an adversarial basis upon receipt.
The customer acknowledges that the obligation to make reservations upon receipt and to notify, where applicable, a reasoned protest within the legal period of three days constitutes a condition of admissibility of any liability action against the carrier and, correlatively, conditions the exercise of any contractual recourse it may wish to exercise against the seller for damage or losses attributable to transport.
Consequently, the seller may raise against the customer, for any claim based on transport damage, the foreclosure or the presumption of conforming delivery resulting from the customer's failure to comply with the formalities and time limits provided for in Articles L133-3 and L133-4 of the French Commercial Code, without prejudice to the one-year limitation period applicable to actions arising from the transport contract (Article L133-6 of the French Commercial Code).
Article 10: Right of withdrawal
10.1 Consumers' right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days running from the day after receipt of their order to exercise their right of withdrawal without having to give reasons for their decision or bear any costs other than those provided for by law.
If the period of fourteen (14) days expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.
The return of the products is made under the Customer's responsibility and at their expense. Any damage suffered by the products on this occasion is likely to prevent the exercise of the right of withdrawal.
The refund will be made upon receipt of the returned item under the required conditions (items in their original packaging).
10.2 For hygiene reasons - any item that has been unpacked or unsealed cannot be returned
The Customer cannot exercise their right of withdrawal as soon as the product has been unpacked or unsealed after delivery and cannot be returned for reasons of hygiene or health protection in accordance with the provisions of Article L 221-28, 5° of the French Consumer Code.
The hygiene products marketed by the Seller are packaged so as to guarantee their hygiene; once the packaging or protective device has been unsealed by the Consumer after delivery, the products can no longer be returned for reasons of hygiene or health protection, so that the Consumer loses their right of withdrawal for these goods.
Where the hygiene product has not been unsealed after delivery and can be returned without compromising hygiene or health requirements, the Consumer retains their right of withdrawal within the legal period, under the conditions and with the limits provided for by the French Consumer Code.
Before the conclusion of the contract, the Seller expressly informs the Consumer that, for the hygiene products concerned, the right of withdrawal cannot be exercised once the goods have been unsealed after delivery, specifically identifying these products and mentioning the loss of the right of withdrawal linked to unsealing.
10.3 Exceptions for products made to the customer's specifications
For distance or off-premises contracts for the supply of goods made to the customer's specifications or clearly personalised, the customer is informed that, where they have the status of consumer within the meaning of the Consumer Code, they do not benefit from the legal right of withdrawal provided for other contracts, in accordance with the provisions relating to goods “made to the consumer's specifications or clearly personalised” (Article L221-28 of the French Consumer Code).
This legal exclusion is inherent to the very object of the contract concerning goods manufactured according to the individual choices of the consumer, and is enforceable from the conclusion of the contract, regardless of the state of progress of the manufacture of the goods.
The Seller communicates, prior to the conclusion of the contract, in a legible and comprehensible manner, specific information indicating that, for these made-to-measure or clearly personalised goods, no legal right of withdrawal is available.
10.4 No right of withdrawal for professionals
The protective provisions relating to the right of withdrawal provided for by the French Consumer Code apply to relations between Consumers and Professionals, and, in a limited manner, to certain off-premises contracts concluded between two small professionals.
On the other hand, they do not apply to distance contracts concluded between professionals each acting within the scope of their activity, neither party being able to be qualified as a Consumer within the meaning of these texts.
For Professionals purchasing hygiene products within the scope of their activity, no legal right of withdrawal is available under the Consumer Code. Save for an exceptional and express stipulation agreed with the Seller, orders placed by Professionals are firm and irrevocable upon validation and cannot be unilaterally terminated by the Professional on the basis of a right of withdrawal.
Article 11: Guarantee
11.1 Guarantees owed to the Consumer Customer
The Seller recalls that, for any contract for the sale of goods concluded with a consumer customer, the latter benefits as of right from:
- the legal guarantee of conformity, under the conditions provided for in Chapter VII of Title I of Book II of the Consumer Code (duration of two years from delivery, presumption of the existence of the defect within twenty-four months following delivery, right to replacement, repair, price reduction or rescission of the contract);
- the guarantee relating to hidden defects, under the conditions provided for in Articles 1641 to 1649 of the Civil Code (Article L217-22 of the French Consumer Code).
Generally, the guarantee cannot be implemented in the event of normal wear and tear of the goods, damage caused as a result of misuse or use not in accordance with the rules and precautions for use appearing in the instructions, poor maintenance, negligence, incorrect handling or installation, or transformation of products.
Any return must be subject to the prior agreement of the Seller and is always made at the Customer's expense. Any return must include a copy of the invoice, the delivery note as well as a note specifying precisely the reasons for the return.
11.2 Contractual guarantee granted to professional customers
For professional customers, the legal guarantee against hidden defects remains applicable in accordance with Articles 1641 et seq. of the Civil Code, subject to any specific stipulations agreed between professionals of the same speciality, as recalled below.
Where the customer acts as a professional, and in particular as a professional of the same speciality as the seller, the latter accepts that the goods are sold “as is” and acknowledges that this contractual guarantee replaces, to the extent permitted by applicable law, any other contractual guarantee, where applicable with waiver of recourse for certain defects unknown to the seller, in accordance with the stipulations of the contract.
The contractual guarantee granted to the professional customer is, for each item, strictly limited to a maximum amount equal to twice the price excluding tax invoiced by the Seller for the item concerned. This cap, freely negotiated between professionals, is expressly accepted by the professional Customer as a reflection of the allocation of risk between the parties and constitutes neither an exclusion of guarantee nor a derisory indemnification, so that it does not deprive the seller's essential obligation of all substance.
It is recalled that any civil liability insurance taken out by the professional seller has the sole purpose of guaranteeing the financial consequences of its civil liability for damage caused to third parties, and not of covering the cost of refunding, repairing, replacing or reworking the products sold themselves, nor losses arising from an inherent defect of the item sold. This contractual guarantee clause confers no direct right against the seller's insurer, whose cover remains governed by its insurance contract.
Consequently, the professional customer acknowledges that the contractual guarantee provided for here constitutes the only guarantee granted by the seller beyond any applicable legal guarantees, and accepts that any indemnification beyond the fixed cap may only be sought under mandatory legal regimes, where these apply despite the stipulations between professionals.
Article 12: Liability
The Seller cannot be held liable where the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or in the event of a stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
Likewise, the Seller cannot be held liable for:
- the inconveniences or damage inherent in the use of the Internet network;
- any interruption of the website;
- any occurrence of bugs;
- any indirect damage that may arise from the purchase of the products;
- any damage resulting from a fraudulent intrusion by a third party that has led to a modification of the information made available on the website;
Article 13: Intellectual property
The website, its content and all the elements constituting it are creations for which the Seller holds all the intellectual property rights or, where applicable, their respective owners with whom the Seller has concluded agreements. Any use of the website by the Customer for commercial purposes is prohibited.
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without the express written agreement of the Seller.
This representation or reproduction, by any process whatsoever, constitutes an infringement punishable by Articles L.335-2 et seq. of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. In addition, the owners of the copied Content could bring legal action against the Customer.
HBIOMED is a registered trademark in France and at European Union level.
Article 14: Personal data
Certain information is mandatory and necessary for the processing of the order. Failure to complete a mandatory field is likely to compromise the proper handling of your order.
The Seller has implemented a data protection policy that can be consulted online and to which the Customer is invited to refer.
The Seller undertakes, in the context of the collection and processing of personal data, to comply with the provisions of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended in particular by Law No. 2019-826 of 6 August 2019 and Regulation 2016/679/EU of 27 April 2016 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data”.
The Seller, as data controller, implements the processing of personal data for the management of its relations with its customers as well as for the performance of the sales contracts concluded with them, the legal basis for the processing being the performance of the contractual or pre-contractual relationship existing between the Seller and the Customer and, where applicable, compliance with a legal obligation. Processing of personal data may also be implemented for statistical purposes and for prospecting purposes on the legal basis of the Seller's legitimate interest.
The information collected (for example the surnames, first names, email addresses and telephone numbers of Customers) is essential for this processing and is intended for the relevant departments of the Seller and, where applicable, for its service providers and/or subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with the Seller's contractual provisions and the applicable legislation.
Where AI agents are integrated into the website (product search assistance, recommendations), the buyer may provide data (preferences, history, queries). The processing of personal data is governed by the applicable regulations; the use of AI agents complies with the obligations arising from the AI Regulation and the texts relating to digital services, in particular with regard to transparency, risk management and data protection.
Apart from the cases set out above, the Seller undertakes not to sell, rent, transfer or give third parties access to the Customer's data without their prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of the defence, etc.).
Personal data is kept for the entire duration of the commercial relationship and for a period consistent with legal provisions or proportionate to the purposes for which it was recorded. Certain retention periods respond to the Seller's legitimate interest.
Customers have a right of access, rectification and deletion of their personal data, a right to withdraw their consent, a right to limit processing, a right to object on legitimate grounds to the processing of data, a right to data portability, and a right to issue post-mortem advance directives, by contacting the Seller:
- by post to SANTE SERVICE SARL – 679 avenue de la République, 59800 LILLE - FRANCE, indicating your surname, first name, address, email
- by electronic means: contact@hbiomed.com
The request must be accompanied by proof of identity.
Customers also have the right to lodge a complaint with the CNIL (French Data Protection Authority).
Article 15: Modification and interruption of access to the website
The seller reserves the right, at any time, to temporarily interrupt access to all or part of the website for technical reasons, for the modification of the contractual conditions or to bring the website into compliance with legal or regulatory provisions, and this without having to inform the customer beforehand.
Article 16: Language and applicable law
These general terms and conditions of sale are subject to French law. The applicable language is French.
Article 17: Disputes and settlement of litigation
In the event that a dispute arises from this contractual relationship, the parties undertake, before any legal action, to seek an amicable solution.
The customer is then invited to contact our customer service by post at SANTE SERVICE SARL – 679 avenue de la République, 59800 LILLE – France.
17.1 Mediation for consumers
Pursuant to Article L. 612-1 of the French Consumer Code, “Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of the dispute between them and a professional.”
The disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract of sale or of the provision of services, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service by email: contact@hbiomed.com
Only claims relating to the Online Sale of the Items will be taken into account.
Within the year following your request to our services, pursuant to Article R. 616-1 of the French Consumer Code, you may have your request examined by a mediator whose contact details are given below:
Mediation service of the Paris Mediation and Arbitration Centre (CMAP), accessible at the URL https://www.cmap.fr/la-mediation-de-la-consommation/ and at the postal address: CMAP – 39, avenue Franklin D. Roosevelt – 75008 Paris. This service is reserved for consumers within the meaning of the texts in force.
17.2 Competent jurisdiction
In the event of a dispute with a Consumer, the protective rules of jurisdiction of the French Consumer Code apply, without prejudice to prior recourse to mediation. In the event of a dispute with a Professional, the Commercial Court of LILLE METROPOLE shall have sole jurisdiction.