Article 1 – General provisions
The present General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) are exclusively applicable to the online sale of LYOPROFORM products on the www.lyoproform.fr website. Our GTCS exclusively govern contracts for the online sale of LYOPROFORM products to purchasers (hereinafter referred to as the “Customer”).
The GCS can be consulted on the back of the invoice sent to the Customer, as well as at any time on the www.lyoproform.fr website. The GCS are enforceable against the Customer, who acknowledges having read and accepted them before placing an order, by checking a box provided for this purpose. Confirmation of the order implies acceptance by the Customer of the GTCS in force on the day of the order. SORBIAL may modify the general terms and conditions of sale at any time. In the event of a change to the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which dated to that date may be sent to the Customer on request. If one or more stipulations of the general terms and conditions of sale are declared invalid in application of a law, regulation or following a final court decision, the other stipulations will retain all their force and scope.
Article 2 – Declarations and prior authorisations
In accordance with current French legislation, SORBIAL certifies that it has made all the prior declarations and obtained all the authorisations/approvals required to place LYOPROFORM products on the French market. SORBIAL may not be held liable if LYOPROFORM products are considered to be LYOPROFORM products are considered non-compliant on markets outside France. France.
Article 3 – LYOPROFORM products
The LYOPROFORM products offered for sale are described in detail, specifying their essential characteristics. The photographs illustrating LYOPROFORM products do not constitute a contractual document. LYOPROFORM products are not medicines. They should not be considered as such and in no way replace medical treatment. It is the Customer’s responsibility to consult a health professional in order to obtain medical advice. SORBIAL may not be held liable for any inconvenience caused by use that does not comply with the advice given on LYOPROFORM products and their packaging.
Article 4 – Ordering
The Customer may access the GTC in a legible and comprehensible manner before concluding the sales contract. The Customer confirms the offer by confirming the order. SORBIAL reserves the right to refuse any order for legitimate reasons. If the products ordered are unavailable for delivery, SORBIAL shall immediately inform the Customer and propose an extension of the initial delivery period. If the Customer refuses, SORBIAL will cancel the order as soon as possible and reimburse the sums paid by the Customer. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. Any modification or cancellation of an order by the Customer will only be be taken into account unless it is sent to the following e-mail address commande@lyoproform.fr. The request for modification or cancellation must include at least the details identifying the Customer and the order number. This request must be received before the products ordered are dispatched.
Article 5 – Prices
Sale prices are indicated in euros, inclusive of all taxes, excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The total amount owed by the Customer is specified on the order confirmation page. SORBIAL reserves the right to change the price at any time. The sale price of the products is that in force on the day of the order.
Article 6 – Delivery
Subject to receipt of payment from the Customer, SORBIAL undertakes to dispatch the products ordered within seven (7) days of validation of the order. For deliveries in mainland France, the cost of delivery is calculated and indicated to the Customer before the order is validated. The Customer can choose between Colissimo home delivery or Point Retrait delivery. If delivery times are exceeded, the Customer shall not be entitled to claim damages or deductions, or to cancel any orders in progress. At the Customer’s choice, products are delivered by post or by carrier to the address indicated by the Customer on the order form. In the event of a delivery address error attributable to the Customer, SORBIAL may not be held liable for the consequences. The Customer must check the conformity and condition of the packaging of the product on receipt. Deliveries are made according to availability and in the order in which orders are placed. The delivery times indicated are estimates and depend in particular on production, supply and postal times. In the event that products are unavailable for delivery, SORBIAL may offer the Customer an extension of the initial delivery period.
Article 7 – Complaints
All claims must be addressed to SORBIAL either at the following e-mail address: contact@lyoproform.fr . Or to the following postal address SORBIAL SARL – ROUTE DE SPAY – BP50067– 72700 ALLONNES. Complaints relating to invoicing must be made within eight (8) working days of receipt of the invoice. All other claims must be made within fourteen (14) working days of receipt of the products. No claims will be accepted after these deadlines. SORBIAL undertakes to reply to the Customer, by post or e-mail, within thirty (30) working days of receipt of the complaint.
Article 8 – Payment
The price is payable in full once the order has been confirmed. Payment is made immediately upon ordering by credit card. Any delay in payment will automatically result in the application of late payment penalties calculated in accordance with the legal interest rate in force at the time of validation of the order, as well as a fixed penalty of forty (40) euros.
Article 9 – Right of withdrawal
The Customer has a cooling-off period of fourteen (14) days to exercise their right of withdrawal from the date of receipt of the products. The Customer may decide to return the product for exchange or refund without having to give a reason. To exercise his right of withdrawal, the Customer must send his request to the following e-mail address: contact@lyoproform.fr . The right of withdrawal does not apply where the products have been damaged or opened and consumed in whole or in part, or are not in a perfect state for resale for reasons of hygiene or health protection. The Customer must return, at his own expense, the products with a copy of the invoice, within fourteen (14) days of communicating his withdrawal, to the following postal address: SORBIAL SARL – ROUTE DE SPAY – BP 50067 – 72700 ALLONNES. The products must be intact, complete and in their original packaging. The risks associated with the return of the product shall be borne by the Customer. If the package is lost or damaged by the carrier, the Customer is solely responsible and will not be reimbursed by SORBIAL. Upon receipt of the products, SORBIAL undertakes to reimburse the Customer the sums paid at the time of the order within thirty (30) working days from the date on which the right of withdrawal was exercised.
Article 10 – Legal guarantee of conformity and hidden defects
All LYOPROFORM products sold by SORBIAL are covered by the legal guarantee of conformity stipulated in articles L. 211-4 to L. 211-14 of the French Consumer Code and by the legal guarantee against hidden defects stipulated in articles 1641 to 1649 of the French Civil Code. In this respect, SORBIAL undertakes, at the Customer’s option, to refund or exchange defective products or products that do not correspond to the Customer’s order.
Article 11 – Intellectual property
LYOPROFORM products remain the property of SORBIAL until full payment of the price by the Customer. Failure to pay may result in the reclamation of the goods. The elements reproduced on the www.lyoproform.fr website are the exclusive property of SORBIAL. Any reproduction or distribution without prior written authorisation from SORBIAL will render offenders liable to prosecution.
Article 12 – Protection of personal data
Only the information required to process the Customer’s requests is requested when the order is validated. This information is treated confidentially and stored in a database owned exclusively by SORBIAL. Customers have the right to access, modify or delete information concerning them. This right may be exercised either by e-mail (contact@lyoproform.fr) or by post to the following address: SORBIAL SARL – ROUTE DE SPAY – BP 50067 – 72700 ALLONNES. Customers may withdraw their consent to the use of their personal data at any time. SORBIAL cannot be held responsible for any deterioration or loss of personal data that may occur despite all the precautions taken to ensure the confidentiality and security of such data. The personal data provided by the Customer may be used by SORBIAL for commercial or informative purposes in order to personalise the products offered for sale, improve its promotional offers or innovate its product range and send newsletters. Finally, SORBIAL reserves the right to communicate the customer’s telephone number or e-mail address to the companies responsible for delivering the products ordered.
Article 13 – Resolutory clause
The sale will be cancelled by registered letter with acknowledgement of receipt and will become effective automatically without any further formalities.
Article 14 – Mediation
If the Customer has sent a written complaint to SORBIAL and has not received satisfaction or a reply within two (2) months, he may submit his complaint free of charge to the Consumer Ombudsman. Referral to the mediator must be made within one year (1) of the initial complaint.
Article 15 – Applicable law and competent court
These GCS are governed solely by French law, in terms of both substance and applicable procedure. In addition, French is the only language used for drafting contractual documents. In the absence of an amicable agreement, any dispute relating to a sale and/or delivery, even in the event of a guarantee claim, shall fall within the exclusive jurisdiction of the courts of LE MANS. Alternatively, the Customer may choose to bring the matter before the courts for his place of residence at the time the contract was concluded or at the time the harmful event occurred.