Terms and conditions
Terms of Sales
PREAMBLE
These general conditions of sale apply to any Order of Products on the Biofloral website (accessible at the following URL https://www.biofloral.fr/ or via any URL extension) (hereinafter referred to as “ Site") managed by SARL Pranarōm France (hereinafter referred to as “Biofloral”) whose head office is located at 253 Boulevards de Leeds – Immeuble le Leeds – 59777 Lille – France.
PRELIMINARY ARTICLE – DEFINITIONS
Terms with a capital letter in the text will have the following definition:
" Buyer " : designates any natural person having the status of consumer (any natural, non-professional person, who is likely to purchase Products presented on the Site for purposes which do not fall within the scope of their professional activity), and having carried out an Order on the Site, which has been accepted by Biofloral ;
“CGV” : designates these General Conditions of Sale;
" Orders) " : designates the distance sales contract which is considered concluded from the moment the Buyer confirms his order by clicking on the “Order” icon;
" Order confirmation " : designates the confirmation of the Order communicated to the Buyer by e-mail to the address provided by the Buyer at the time of placing the Order;
“Part(s)” : designates the parties to the sales contract;
“Product(s)” : designates the product(s) developed, manufactured(s) and/or marketed by Biofloral and offered for sale on the Site as well as any service (gift card);
" Customer service " : designates the service (also commonly called consumer service, after-sales service, after-sales service, etc.) accessible by telephone on +33 3 20 07 75 15, Monday to Friday from 8:30 a.m. to 6 p.m., with the exception of public holidays, as well as to the following email address: order@pranarom.com and via the online form; which allows Buyers to have a contact person and to ask any questions they may have.
" VAT " : designates Value Added Tax;
“ VAT ”: designates the hypothesis in which the value added tax is included in the price;
" Territory " : designates mainland France (including Corsica).
ARTICLE 1 – FIELDS OF APPLICATION
The purpose of these General Conditions of Sale is, on the one hand, to inform any Buyer of the conditions and terms by which Biofloral proceeds with the sale and delivery of the Products and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of Products of the brand “ Biofloral » to the Buyer. These only apply to all Orders placed on the Site. They cancel and replace all previous versions. Biofloral reserves the right to modify these General Terms and Conditions at any time. These General Terms and Conditions are supplemented by the General Conditions of Use of the Site and the Personal Data Charter.
Any Order for a Product appearing on the Site implies full acceptance of the General Terms and Conditions as well as acceptance of the Privacy Policy.
Consequently, the Buyer must confirm his agreement with the content of these General Terms and Conditions when confirming his Order.
As such, the General Terms and Conditions applicable to the Order are those accepted by the Buyer at the time of placing the Order.
The Site is reserved for the purchase of Products by Buyers, excluding any resale.
The Buyer, prior to his Order, declares that he has full legal capacity, allowing him to commit to these General Terms and Conditions. Biofloral can under no circumstances be required to verify the legal capacity of Buyers. Consequently, if a person who does not have legal capacity ordered Products on the Site of Biofloral, its legal representatives (parents, guardians, in particular) would assume full responsibility for this Order and should in particular honor the price.
ARTICLE 2 – PRODUCTS, PRECAUTIONS AND USE OF ESSENTIAL OILS
2.1 Products
The Products offered for sale by Biofloral are those which appear on the Site, on the day of consultation of the Site by the Buyer and within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be informed as quickly as possible.
Biofloral undertakes to sell Products that comply with the applicable regulations and standards in force at the time of the Order.
2.2. Use of Products and precautions for use
Buyers are invited to read the precautions for use indicated by Biofloral for all of its Products before any use and comply with them for each use. Precautions for use are indicated on each packaging of each Product. The Buyer can, prior to his Order, read on the Site the essential characteristics of the Products and the precautions and recommendations for use corresponding to each Product.
The Buyer understands and accepts that essential oils are, by their composition, concentrates of natural ingredients (such as plants, bark, etc.) with various properties. It is therefore strongly recommended to carefully follow its recommended use for each of them and to respect the advice of a health professional. The information disseminated on the Site comes from reference works on essential oils and aromatherapy but can in no way replace the advice of a health professional. It is therefore expressly understood that Biofloral does not in any way encourage self-medication.
Biofloral cannot be held responsible for damages of any nature (material, immaterial or bodily), which result from non-compliance with the precautions for use (including hygiene and safety conditions) when using the product. one of its Products.
In the event that the Buyer would like to obtain qualified advice on the Products or an answer to a question concerning the quality or vigilance of the Products, he can contact the Customer Service of Biofloral whose contact details appear in the Preliminary Article or via the contact form. In this case, Biofloral will make its best efforts to provide a response to each question relating to the Products within seventy-two (72) working hours, provided that this question is asked during the aforementioned times and in connection with the Products. The response time will depend on the contacts that Customer Service may have to contact to obtain a response.
ARTICLE 3 - PRODUCT PRICES
The prices indicated on the Site are indicated in Euros, all taxes included, excluding shipping costs. Delivery and shipping costs are the responsibility of the Buyer (except special conditions indicated on the Site). They will be determined based on the total amount of the Order and the delivery method chosen by the Buyer according to Article 6.
The prices applicable to an Order are the prices in effect at the time of placing said Order within the limits of available stocks.
Any change in the applicable VAT rate will be automatically reflected in the price of the Products.
Biofloral reserves the right to modify the prices, delivery costs and promotions of its Products at any time, it being specified that these modifications do not affect the Order already validated by the Buyer.
It is specified that any promotions granted in the form of discount vouchers or special offers are only valid (i) for a single Order per household according to the conditions of the offer, (ii) over a given period of validity and (iii) ) cannot be combined with other promotions. It is specified that these promotional offers may appear in the Newsletter, on the home page or other dedicated pages of the Site, and on social networks. Certain promotional offers (discount or welcome code) are valid only for the first Order, the Buyer will therefore not be able to benefit from them if they have already ordered on the Site.
ARTICLE 4 – ORDER
To place an Order, the Buyer must follow the following steps:
- Consultation of the page presenting the Product: the Buyer chooses the quantity and any options offered to him and must click on “Add to cart” to add the Product to his cart;
- “Basket” page: the Buyer then has the possibility of deleting a Product or modifying the quantities;
- Summary page, choice of payment and delivery method: this page allows the Buyer to check the different elements constituting the order (Product, quantity, total price) to identify possible errors made in data entry and to correct them;
- In the event that the information is compliant, the Buyer must then provide their billing and delivery information, choose the delivery and payment method and provide their payment information, it being specified that the Buyer guarantees the veracity and the accuracy of the information provided by it on the Site;
- To place an Order, the Buyer must click on “Order with payment obligation” after checking the box “I have read and accept the general conditions” accessible via a hyperlink.
The sale will only be definitively concluded upon Order Confirmation and validation of payment by the banking organization concerned. The Order Confirmation email signifies acceptance by Biofloral of the Buyer's Order and thus forms the contract between the Parties.
Biofloral reserves the right to cancel any Order from a Buyer with whom there is a previous payment dispute, or for any other legitimate reason taking into account, in particular, the non-compliant or abnormal nature of the Order. In this hypothesis, Biofloral will inform the Buyer.
In order to protect Biofloral fraudulent practices, and in the event that Biofloral or the online payment provider suspects the fraudulent nature of an Order, they reserve the right to ask the Buyer (prior to processing the Order) for additional documents (in particular proof of address and/or debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's bank card) in order to verify that it is not fraudulent. Biofloral reserves the right to refuse execution of the Order in the absence of an adequate response or if Biofloral considers that the information in its possession is insufficient.
ARTICLE 5 - PAYMENT
5.1. General
The Buyer undertakes to pay the total amount of all Products when placing the Order. At no time can the sums paid be considered as deposits or deposits.
All orders are payable in EURO.
The Buyer pays for his Order by credit card via the payment service provider Stripe. The bank cards accepted on the Site are the following: Carte Bleue, Visa, and Master Card.
Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
The Buyer guarantees to Biofloral that he has all the necessary authorizations to use the payment method chosen when registering his Order. Biofloral reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders. Delivery of any new Order may be suspended in the event of late payment for a previous Order.
Once payment has been made and the Order confirmed, the Buyer will receive an Order Confirmation email with the invoice corresponding to the Order. He can also download said invoice to his customer account or request it from the address comptabilite@pranarom.com.
5.2. Transaction security
Banking transactions carried out by the Buyer on the Site are secured by the payment system of the payment service provider Stripe. When paying for their Order, the Buyer accesses the platform and the secure servers of the payment solution provider. The Buyer understands and accepts that the payment provider is a third party to Biofloral , that the latter has general conditions of use distinct from those of Biofloral . All information exchanged to make the payment is encrypted using the SSL protocol of the payment solution provider, who has indicated to Biofloral that all of this data cannot be detected, intercepted or even used by third parties. Biofloral cannot therefore be held responsible for any data leak caused by the third-party service provider.
In order to ensure the security of payment by credit card on the Site, the Buyer must transmit to the payment solution provider Biofloral the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.
ARTICLE 6 - DELIVERIES – DELIVERY COSTS – DELIVERY METHODS AND LOSS OF PACKAGES
6.1. General
The Products ordered by the Buyer in accordance with these General Terms and Conditions will be delivered to the address indicated by the Buyer at the time of placing the Order as the delivery address for the Order concerned. Delivery is only and exclusively possible within the Territory.
The Buyer has the choice between the following delivery methods:
|
Express home delivery |
Delivery to relay point |
|
|
Delivery times indicated by the carrier |
Between 24 to 72 working hours |
Between 4 to 6 working days. |
|
Price |
€7 incl. VAT Free from 50€ of purchases |
€4 incl. VAT Free from €35 of purchases |
|
Carrier |
Chronopost |
Chronopost |
If the collection or receipt of the package is carried out by a third party not mentioned on the transport document, they must present a valid power of attorney, the Buyer's identity document as well as their own identity document . Delivery will be effective upon signature of the Buyer, or the authorized third party, on the transport document.
6.2. Delivery terms to relay points
In the event of delivery to a relay point, the Buyer must present an identity document to the merchant upon delivery of the package. The Buyer then validates receipt thereof by a signature (if applicable, electronic). The relay point will keep the package available for 14 (fourteen) days. After this period, the package will be returned to Biofloral .
If delivery to the destination relay point is impossible, Chronopost may deliver the latter to the nearest relay point, after having informed the Buyer. No reimbursement of the delivery service will be possible as a result.
6.3. Delivery anomalies
The Buyer is required to check the condition of the packaging and the conformity of the Product at the time of receipt of the Order. Any anomaly concerning delivery (damage, open package, damaged package, broken, damaged products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the Buyer's signature. The Buyer must immediately report the anomaly to Customer Service. Biofloral for a claim to be made to the carrier responsible for delivery.
Biofloral will return the replacement Product(s) to the Buyer, at the expense of Biofloral .
In the event of a delivery delay of more than seven (7) days, the Buyer must inform the Customer Service of Biofloral, which will transmit the information to the carrier concerned to trigger the opening of an investigation. This investigation may last up to thirty (30) working days from its opening. If during this period, the package is found, it will be redirected immediately to the Buyer's home or to the selected relay point.
If, on the other hand, the package is not found at the end of the thirty (30) day investigation period, the carrier will consider the package as lost. In this hypothesis, Biofloral will contact the Buyer to offer a refund or reshipment of the Order concerned. If one or more lost Products were no longer available, Biofloral may reimburse the Buyer for the amount corresponding to the Product and reship the remainder of their Order.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the day on which he takes physical possession of the Order (or a third party designated by him other than the carrier), to renounce the purchase, without penalties and without giving reasons.
According to article L.221-21 of the Consumer Code, the Buyer informs Biofloral before the expiry of the withdrawal period, of his decision to withdraw from the contract. To do this, the Buyer may:
- Either use the model withdrawal form;
- Either make another unambiguous declaration explaining your decision to withdraw from the contract by post to the following address: - by email to the following email address order@pranarom.com – or by telephone by calling Customer Service at following number: +33 3 20 07 75 15, Monday to Friday from 8:30 a.m. to 6 p.m., except public holidays.
Biofloral will immediately communicate to the Buyer an acknowledgment of receipt of the withdrawal decision.
The Product(s) for which the Buyer has exercised his right of withdrawal must be returned to the following address: SA PRANAROM INTERNATIONAL – Consumer Services – 37 Avenue des Artisans – 7822 Ghislenghien – Belgium; the shipment must be accompanied by the delivery note and the invoice.
The Buyer must return his Product no later than fourteen (14) days following communication of his decision to withdraw.
The burden of proof regarding the exercise of the right of withdrawal in accordance with this article rests with the Buyer.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be granted in the case of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
The costs of returning the Products will remain the responsibility of the Buyer.
The return of all Products ordered will give rise to a refund equal to the totality of the sums paid by the Buyer, i.e. the purchase price of the Product(s) and any delivery costs. . If the amount of the original Order allowed the Buyer to obtain an advantage (free delivery costs, gifts, etc.), reimbursement of the returned Products will be possible subject to deduction of the corresponding advantages.
The refund will be made within a maximum period of fourteen (14) days from receipt by Biofloral of receipt of the returned Products.
Reimbursement will be made by the same means of payment as that used by the Buyer when placing the Order.
ARTICLE 8 – GUARANTEES AND RETURNS
The Buyer has a period of two (2) years from delivery of the Product to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Buyer is only required to establish the existence of the lack of conformity and not the date of its appearance.
As part of the exercise of the aforementioned legal guarantees, the Buyer must contact Biofloral
- using the complaint/return form template;
- by communicating to Biofloral an unambiguous declaration requesting the implementation of legal guarantees by post to the following address: or by e-mail to the following e-mail address order@pranarom.com or by telephone by contacting Customer Service at the following number: +33 3 20 07 75 15, Monday to Friday from 8:30 a.m. to 6 p.m., excluding public holidays.
The Product(s) for which the Buyer has exercised the legal guarantees must be returned to the following address: SA PRANAROM INTERNATIONAL – Consumer Service – 37 Avenue des Artisans – 7822 Ghislenghien – Belgium; the shipment must be accompanied by the delivery note and the invoice.
For Products that have been unsealed and/or used Biofloral reserves the right not to accept the return or refund of Products. Assuming Biofloral has already reimbursed the Buyer, Biofloral will be justified in demanding from the Buyer reimbursement made for all payments (including the Buyer's transport costs).
Products modified, repaired, integrated or subject to non-compliant use by the Buyer or any other person not authorized by Biofloral are excluded from the benefit of legal guarantees. The warranty does not cover apparent defects. The guarantee does not apply to Products damaged during transport, which must be subject to the procedure provided for in article 6.2 of the General Terms and Conditions.
ARTICLE 9 – LIABILITY AND FORCE MAJEURE
9.1. Responsibility
The responsibility of Biofloral under an Order cannot be incurred in the event that the non-performance of its obligations is attributable to the actions of a third party or to the fault of the Buyer. Generally, Biofloral cannot under any circumstances be held responsible for any failures of carrier services.
Biofloral declines all responsibility for indirect damage, whether foreseeable or not, caused during the use of the Site. Likewise, the responsibility of Biofloral under the obligations of these General Terms and Conditions cannot be incurred in the event of damage resulting from the use of the Internet network such as viruses, intrusion, loss of data, interruption of the Internet service.
Any claim filed by a Buyer, including any Buyer, against Biofloral must be made within 6 (six) months following the occurrence of the event, the subject of the complaint.
9.2. Force majeure
Biofloral cannot be held responsible for any non-performance resulting from the occurrence of a force majeure event, as defined by article 1218 of the Civil Code and by case law. The concept of force majeure means an unforeseeable, irresistible event, independent of the will of the parties and making the performance of the obligation impossible.
So, Biofloral cannot be held responsible for delays or lack of delivery resulting from strikes, postal delays or any other event beyond its control or any other case of force majeure.
The occurrence of a force majeure event will have the effect of suspending, in whole or in part, the obligations of the Parties affected by this force majeure event.
The Party affected by the force majeure undertakes to notify the other as soon as possible of its occurrence and its end.
ARTICLE 10 - PROTECTION AND PROCESSING OF PERSONAL DATA
Biofloral may store and process personal data relating to its Buyers and users of the Site in order to carry out tasks related to its activity. The latter understand and accept that the processing of personal data is necessary to process the various requests. Some of this data may be transferred to companies involved in the delivery of the Products.
The conditions for collecting and processing Buyers' personal data are specified in the Personal Data Charter available on the Site.
In accordance with articles L.223-1 et seq. of the Consumer Code, Biofloral informs the Buyer that he has the possibility of registering free of charge on a list opposing telephone canvassing by BLOCTEL ( www.bloctel.gouv.fr ) in order to no longer be canvassed by telephone by a professional, except in the event where this solicitation occurs within the framework of the execution of a current contract and having a connection with the subject of this contract.
ARTICLE 11 - INTELLECTUAL PROPERTY
The Site is the entire and exclusive property of Biofloral . The Site and all of its content, including texts, still or animated images, program database, etc., are protected by copyright. Biofloral is the owner and/or has authorization to use all rights relating to logos, brands, distinctive signs, texts, illustrations, photographs, images and videos as well as databases and software used within the framework of the operation of the Site.
Biofloral remains the sole owner of the intellectual property rights relating to the Products, packaging and packaging. The rights of representation, reproduction, marketing and distribution of the Products belong to Biofloral .
Any total or partial reproduction, modification or use of brands, illustrations, images and logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, prior written consent of Biofloral or the owner of the intellectual property rights concerned is strictly prohibited. The same applies to all copyrights, designs and models, patents appearing and/or used on the Site.
ARTICLE 12 – INDEPENDENCE OF CLAUSES
In the event that any of the stipulations of the General Conditions of Sale are declared null or void in any way and for any reason whatsoever, the Parties undertake to consult together to remedy the cause of invalidity noted. The invalidity of a clause of the General Conditions of Sale will not result in the nullity of the other clauses of the General Conditions of Sale.
ARTICLE 13 – TOLERANCE – WAIVER
The fact of one of the Parties not taking advantage of a failure by the other Party to fulfill one of the obligations covered by the General Conditions of Sale cannot be considered as a waiver of subsequently availing itself of the obligation in question. .
Furthermore, no waiver to take advantage of any of the stipulations of the General Conditions of Sale or rights resulting from the General Conditions of Sale will have effect if it is not the subject of a writing signed by the Party waiving it.
Furthermore, the waiver of any right resulting from the T&Cs or a stipulation of the T&Cs in specific circumstances will not constitute a waiver of subsequently availing itself of said right or said stipulation.
ARTICLE 14 - MODIFICATIONS TO THE CGV
Biofloral reserves the right to modify and update the content of the General Terms and Conditions at any time without notice, at its sole initiative. The provisions of these T&Cs will continue to apply to Orders placed before their modification and the modified T&Cs will apply to any Order occurring from the effective date of the modified T&Cs.
In order to be informed of these possible modifications, Buyers undertake to read the applicable General Terms and Conditions when placing an Order on the Site. Each Order gives rise to acceptance of the T&Cs, it being specified that the Order will be subject to the T&Cs in force at the time of the Order.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTIONS
These CVG and the contract to which they apply are subject to French law.
In the event of difficulties in the application of this contract, the Buyer will contact as a priority Biofloral in order to seek an amicable solution.
In accordance with the provisions of articles L.612-1 et seq. of the Consumer Code and subject to a prior complaint sent by the Buyer to Biofloral remained unsuccessful, the Buyer has the possibility of resorting to a consumer mediation procedure free of charge within one year from the initial complaint, by entering [contact details of the competent consumer mediator].
The Buyer also has the possibility of contacting the European online dispute resolution platform available via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR . This platform aims to offer consumers amicable dispute resolution procedures offered by entities qualified to handle disputes between consumers and businesses or liberal professions located in the European Union.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the competent French courts, unless otherwise provided by law.
Last updated on 07/10/2023
Appendix - Model withdrawal form
( Please complete and return this form only if you wish to withdraw from the contract .)
For the attention of SARL Pranarôm France, 253 Boulevards de Leeds – Immeuble le Leeds – 59777 Lille – France – [email address]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete what is unnecessary.
