These general terms and conditions of sale (hereinafter referred to as the "GTC") cancel and replace all previous general terms and conditions of sale.
They are applicable exclusively to the sale of all products (hereinafter referred to as the "Products") presented by LABORATOIRES BIOTIC PHOCEA (hereinafter referred to as "BIOTIC PHOCEA"), on its commercial website accessible at the url address https://www.dr.tiziano.com or at any other url address that may be substituted for it (hereinafter referred to as the "Site").
Any order of Products on the Site implies the full, complete and unreserved acceptance of the T&Cs by the customer (hereinafter referred to as the "Customer").
No derogation from the T&Cs may be accepted without the express prior written consent of BIOTIC PHOCEA. The Client, who declares and acknowledges having read the T&Cs, waives the right to rely on any document that may be contradictory to them.
The fact that BIOTIC PHOCEA does not at any given time invoke any of the provisions of the GTC and/or a breach by the Client of any of its obligations under the GTC cannot be interpreted as a waiver by BIOTIC PHOCEA to invoke them at a later date.
The GTCs are an essential part of BOITIC PHOCEA's contract offer. The latter reserves the right to adapt or modify the GTC at any time and without prior notice. Nevertheless, the General Terms and Conditions applicable to the order placed by the Customer shall be those accepted by him at the time of placing the order.
The sale of the Products is reserved for major non-professional customers with consumer status.
The Products sold on the Site are cosmetic products, food supplements and any other beauty product.
BIOTIC PHOCEA presents and describes on the Site, pursuant to the provisions of Articles L. 111-1 and L. 221-5 of the Consumer Code, all the essential characteristics of the Products offered for sale.
The prices indicated in euros or dollars on the Site are inclusive of all taxes, excluding delivery costs.
The Products will be invoiced on the basis of the prices in force at the time of registration of the orders and taking into account the VAT applicable on the day of the order.
BIOTIC PHOCEA reserves the right to modify its prices at any time.
The amount of delivery costs is calculated according to each order and is shown on the order details before validation and payment of the order. Delivery costs are free for orders over 240 euros including VAT.
5.1 Any order placed by the Customer on the Site must be placed as follows:
- selection of the Product(s) to put in the shopping cart,
- shopping cart validation,
- creation of a Client or Guest account,
- mention of the delivery and invoicing address,
- visualization of the order details and validation
- acceptance of the T&Cs by checking the box "I have read and accept"
- payment of the order.
Orders will only be final when they have been confirmed by BIOTIC PHOCEA by sending an e-mail to the address indicated by the Customer in the account created, after checking the availability of each Product ordered and receipt by BIOTIC PHOCEA of the full price.
5.2 The Customer acknowledges that the Products are offered within the limits of available stocks.
5.3 BIOTIC PHOCEA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The order is automatically cancelled if payment is not received.
Only payments in euros are accepted.
Invoices are immediately payable.
Payment is made at the time of ordering by credit card or bank transfer.
The Consumer Customer has a withdrawal period of 14 days from the date of receipt of his order (date appearing on the tracking notice), which will be refunded against return in the same condition as the Product.
To this end, the Customer returns the Product with the withdrawal form available online on the Site.
The Customer must return the new Product in its original condition and packaging.
The Product returned without its original or incomplete packaging, damaged, damaged or soiled by the Customer will not be taken back by BIOTIC PHCEA.
The return is made at the expense, risk and peril of the Customer.
BIOTIC PHOCEA will refund the Customer the price of the returned Product as well as the delivery costs (the return costs remaining at the expense of the Customer) within a maximum period of 14 days from the day on which the right of withdrawal was exercised, by crediting the bank account used for payment.
However, this right of withdrawal may not be exercised:
- by the Professional Client,
- for goods made to the Customer's specifications or clearly personalised or, because of their nature, which cannot be reshipped or are likely to deteriorate or expire quickly, in accordance with the provisions of Article L. 221-28 of the Consumer Code.
Unless otherwise agreed in writing, delivery is made in accordance with the order by delivery by La Poste using Colissimo tracking to the delivery address indicated by the Customer when ordering.
Delivery is made within an average period of 30 days from the confirmation of the order (delivery times are given for information only). Exceedances in delivery time may not give rise to damages, withholding or cancellation of pending orders. However, if, one month after the indicative delivery date, the Product has not been delivered, for any reason other than force majeure, the sale may then be cancelled at the request of one of the Parties. The Customer may obtain a refund of the sums paid, excluding any damages, as soon as possible and at the latest within thirty days following the date on which the Customer notified his right to obtain cancellation of the order.
BIOTIC PHOCEA delivers to metropolitan France and foreign countries except China and Africa excluding South Africa, Morocco, Tunisia, Algeria and Egypt.
8.2 It is the Customer's responsibility to check the conformity and status of his order upon receipt of delivery and to issue any reservations concerning apparent defects (missing products and damaged parcels) by registered letter with acknowledgement of receipt or by e-mail within eight days of receipt.
The Customer shall notify BIOTIC PHOCEA of any reservations that lead him to claim that the Products delivered are not in conformity. If no notification is sent to BIOTIC PHOCEA, the Products shall be deemed to have been delivered in accordance with the contract and accepted by the Customer.
BIOTIC PHOCEA is required to take back an item in the event of delivery that does not comply with the order or is defective.
The Customer who must return the Product in its original packaging and indicate the reason for return may:
- require a new delivery of the order in accordance with the order,
- the cancellation of the order with refund of the sums paid.
The costs of returning Products shall be borne by the Customer.
BIOTIC PHOCEA cannot be held liable under any circumstances in the event of force majeure.
Force majeure shall be deemed to include events which, being unforeseeable, irresistible and external, make it absolutely impossible for the parties to fulfil their obligations within the prescribed time limits.
Contractual obligations affected by the event will be automatically suspended for the effective duration of the impediment.
The party claiming force majeure shall inform the other party in writing as soon as possible.
If the effects of a case of force majeure continue for more than one month, each of the parties shall have the right to terminate the General Terms and Conditions eight days after sending a registered letter with acknowledgement of receipt, without any compensation being due as a result.
11.1 Declaration and Responsibility
BIOTIC PHOCEA shall not be held liable in the event that the non-performance of one of its obligations results from a Client or a case of force majeure or from the unforeseeable and insurmountable event of a third party to the contract.
BIOTIC PHOCEA endeavours to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice. However, BIOTIC PHOCEA cannot guarantee the accuracy, precision or exhaustiveness of the information made available on the Site.
Consequently, BIOTIC PHOCEA declines all responsibility for any interruption of the Site, any inaccuracy or omission relating to information available on the Site, any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site, and more generally for any direct or indirect damage, whatever the cause, origin, nature and consequences, caused due to access by anyone to the Site.
The Site may contain links to other sites. BIOTIC PHOCEA cannot be held responsible for any access or content problems on these sites.
BIOTIC PHOCEA shall not be liable for any damages resulting from the use or inability to use the Site. BIOTIC PHOCEA shall in no event be liable for malfunctions attributable to software, whether or not it is incorporated into or provided with the Site.
The limitations of liability referred to in this article shall survive the disappearance of these GTC for any reason whatsoever.
The Customer benefits from the legal guarantee of conformity and hidden defects.
The legal guarantee of conformity (articles L. 217-4 to L. 217-14 of the Consumer Code)
BIOTIC PHOCEA must deliver a good in accordance with the contract. Failing this, BIOTIC PHOCEA is liable for defects at the time of delivery, but also for all those resulting from packaging, assembly instructions or installation when it is the responsibility of the contract or under its responsibility (article L.217- 4).
The action as a guarantee of conformity is time-barred after 2 years from the delivery of the goods.
In the event of lack of conformity, BIOTIC PHOCEA shall replace the Product or repair it, at the Customer's choice. However, BIOTIC PHOCEA may not proceed according to the Customer's choice if this choice involves a cost that is clearly disproportionate compared to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Client.
If repair and replacement of the goods is not possible, the Customer may return the Product and have the price returned or keep the Product and have part of the price returned.
The same faculty is open to him:
- If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the Customer's complaint;
- Or if this solution cannot be done without major inconvenience for the latter given the nature of the Product and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.
The legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code)
BIOTIC PHOCEA is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the Customer would not have acquired it, or would have given only a lower price, if he had known them.
The legal warranty covers all costs incurred by hidden defects.
The defect must be pre-sale and render the products unfit for their intended use.
The buyer has the choice:
- give it back and get the price back;
- keep the thing and get part of the price back.
The period for taking action is 2 years from the discovery of the defect.
The Site and all the elements (information, texts, images, trademarks, designs, models, etc.) that compose it are protected by copyright).
With the exception of content belonging to third parties, they are the exclusive property of the Company. This content is protected by the provisions of the Intellectual Property Code and by any national or international legislation in force applicable to intellectual property law.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images, and any content of the Site, without this list being exhaustive, for any reason and on any medium whatsoever, without the prior written consent of BIOTIC PHOCEA or the owner of the intellectual property rights concerned is strictly prohibited.
Personal data within the meaning of the amended law n° 78-17 "Informatique et Libertés" of 6 January 1978 communicated by the Client are intended for BIOTIC PHOCEA for the purpose of processing orders and supplying the Products.
Depending on the choices made by the Customer when creating or modifying his account, the Customer may receive offers from BIOTIC PHOCEA and/or its partners.
The Customer may change his choices in his customer account on the Site or by mail at any time.
In accordance with the law "Informatique et Libertés", the Client has the right to access, modify, rectify and delete data concerning him/her by sending a letter to BIOTIC PHOCEA 16-18 Boulevard Michelet 13008 Marseille or an e-mail to the following address: firstname.lastname@example.org
For any information, question, or complaint other than those relating to the right of withdrawal, the Customer may contact BIOTIC PHOCEA's customer service by post (16-18 Boulevard Michelet 13008 Marseille), e-mail ) or by telephone (04 91 53 54 00).
The T&Cs are governed by French law.
Any dispute, whatever its nature, will be submitted to the French courts if it is not resolved amicably.