Terms and conditions

TERMS AND CONDITIONS

Article 1 - Introduction
Scope: general conditions apply to all business transactions on the website of the company BiOdidoo SPRL (hereinafter referred BiOdidoo) with a capital of 18.600€, registered with the register of commerce and companies under the number 0637.804.197 and which head office is located in 1200 Woluwé-Saint-Lambert, 158 chaussée de Roodebeek, Belgium.
Email : info@BiOdidoo.com
Tel : +32 475 226727
Siret : 637804197
VAT Intra Communautaire BE0637.804.197

Webhost : Web et Solutions
Technopole du Madrillet
705 Avenue Isaac Newton
76800 Saint-Etienne-du-Rouvray

By ordering a product appearing within the online shop website www.BiOdidoo.com, the customer automatically agrees with these terms and conditions of sale. As a result, the client is fully aware of the fact that its agreement on the content of these conditions does not require the signature of this document. These Terms and Conditions (hereinafter referred to as "General Conditions") represent all the respective rights and obligations of the seller and the buyer regarding orders made against BiOdidoo.com. The General Conditions apply each time you visit the site and make a transaction.

Article 2 - General Conditions
2.1. Overview
The customer has the option to save or print these general conditions, provided that both the saving and editing of this document are the sole responsibility. BiOdidoo reserves the right to modify the General Conditions. Any changes will be communicated on the website. However, current contracts remain subject to the conditions applicable to the time of conclusion of the sale. It is therefore strongly advised to regularly check the site if you are in possession of the latest version.

2.2. Definitions
Client: Any natural or legal person who is able to make an order with BiOdidoo. A minor is allowed to make orders if he has the authorization of a major legal representative. The General Conditions will still apply to the person who gave the order or who acts as an intermediary and / or legal representative. Order: The request of a customer to enter into a sale agreement concerning himself and BiOdidoo on products offered on the site BiOdidoo.com.
Products: The products offered on the webshop BiOdidoo.

Article 3 - Conclusions of online sales and product information

The product catalog and description on www.BiOdidoo.com does not constitute an offer as such. It is therefore not sufficient to fill out an order form on the website above for the sales contract is to be concluded. The sale will be concluded definitively upon receipt of the confirmation email.
BiOdidoo insists that some products available must be used with great care. Always follow the advice of a doctor, if necessary. The customer is responsible for the use of the products. For safety reasons, the consumer is forced to create an account if he wants to place an order. This account consists of a user name (email address) and a password allowing you to log in each time you visit the website of BiOdidoo. BiOdidoo asks all customers to treat their account data strictly confidential. Creating an account is reserved for adults. The visitor will commit to protect the data that give its access to his account and will not provide them to third parties. In addition, visitors will undertake to prevent any form of abuse. BiOdidoo reserves the right to ask the customer additional information and to refuse the execution of the order if BiOdidoo believes the information in its possession is insufficient. BiOdidoo may also refuse orders if it appears that the buyer intends to resell the products. In any case, the user will be responsible for the use, or possible misuse of their username and / or password.

Article 4 - Order Confirmation
Orders will be confirmed by email no later than the time of delivery. The visitor must ensure that the email address he provides is correct and active. From the moment the email confirmation has been sent, the contract of sale becomes final and irrevocable.

Article 5 - Availability of Products
BiOdidoo respond to your order within the limits of available stocks and subject to availability from suppliers. However, if despite careful attention to inventory, the products proved to be unavailable after your order, BiOdidoo will notify you by email or phone and invite you to cancel or change your order.Product availability is always displayed on our website indicatively. In principle, if nothing specific is specified, the product is available immediately. However, BiOdidoo cannot be held responsible if the stock is no longer the same as at the date on which the order was made. Any downtime is normally noted on the website and an indicative time frame is displayed.If BiOdidoo is unable to provide a product from its suppliers within a reasonable time (eg in case of out of stock at the supplier itself), the expected delay will be sent to the customer by e-mail. The customer can then choose to cancel or exchange an order, based on this new information. No penalties will be applied for such an order cancellation.
BiOdidoo reserves the right to send the order in two or more times if a product was unavailable. This shipment will be no extra cost for the customer (the latter will only pay once the shipping fee indicated when ordering).

Article 6 - Ownership Transfers
BiOdidoo remains owner of the products as long as they are not paid by the customer.

Article 7 - Price
The prices of our products are indicated in euros all taxes included, excluding delivery. Delivery and shipping costs are borne by the customer (except special conditions indicated on the website). The delivery price depends on the information provided by the customer for the place of delivery (country, relay point, home). BiOdidoo reserves the right to change prices at any time. BiOdidoo however undertakes to apply the prices in effect at the time of your order.

Article 8 - Payment
Payment for the entire order must be carried out at the time of your order, unless you pick up your order at the office located in 1200 Woluwé-Saint-Lambert, 158 chaussée de Roodebeek, Belgium. In this case, the payment must be made in cash. You can come pick up your order on appointment.
Payments cannot be considered as a deposit or deposits. All orders are payable in EURO. To adjust your order, you have the following payment methods:
- By credit card (Visa, Mastercard, Maestro and blue card) via our partner Ingenico.
- By Paypal via Oasis
- By Bancontact via Ingenico
- By bank transfer to the account of BiOdidoo via Oasis
- Cash in abduction cases at the headquarters (by appointment)
- By Ideal in The Netherlands
- By Homebanking in Belgium

In the case of a withdrawal of the goods at the store, the products are reserved for 5 working days from the order. After this deadline, we may decide to cancel the order. Ogone ensures that there is no fraudulent use of payment means, for example in case of data theft or payment fraud. BiOdidoo shall in no event be liable for payment problems. You guarantee to BiOdidoo to have all the necessary authorizations to use the chosen method of payment upon registration of the order. BiOdidoo reserves the right to suspend or cancel any order and / or delivery, whatever their nature and level of execution, in the event of non-payment (or in the event of a payment incident) of any sum due. The delivery of any new order may be suspended in the event of late payment of a previous order. BiOdidoo reserves the right to request a photocopy of your ID card and / or bank receipt for any payment by credit card. The order validated by the customer will be considered effective only when BiOdidoo gets by the bank and Ogone their agreement on the transaction. In case of refusal of one of these two parts, the order will be canceled and the customer notified by email. If necessary, the customer must contact Ogone and / or his bank

Article 9. Delivery
9.1. - General
BiOdidoo is working with DPD. All deliveries will be made by this partner, except as otherwise agreed with the customer. For shipping rates, please see the "delivery" page on the site. Products purchased on BiOdidoo.com are delivered only in the countries listed on the site. They will be delivered to the address specified by the customer when ordering and listed on the order form. Delivery times indicated on the website are indicative times and correspond to shipment processing time plus the transit time. All deliveries are made against signature. Delivery will be made when the buyer has received the product according to the chosen method of delivery. The automatic control system of the carrier will serve as proof of delivery.
Delivery times are 24h / 48h for Belgium, 48h / 72h for France, Luxembourg, Germany and the Netherlands, and 15 days for other countries excluding exceptional circumstances (weather, strikes, problem traffic, etc.). Please also take note of specific delivery to the islands. BiOdidoo cannot be held responsible for consequences due to delayed delivery due to the carrier's liability. There will be no refund of the order as long as it will not be returned to the sender or as long as the recipient did not arrive at its destination home late. When paying by bank transfer, the order will be processed upon receipt of the amount. Consequently, the time limits applicable in this case are those at the date of receipt of payment and can be modified from those listed on the site. If you decide to cancel your order after payment and your order is already in for delivery, BiOdidoo will not refund before the customer returns the product parcel to BiOdidoo. It is strongly recommended to return the product in its original condition.
BiOdidoo is not responsible if the customer provides incorrect or incomplete information.

9.2. - Risk Transfer
The property and the risks to your products will be transferred upon receipt of the products. Risks related to the transfer of property are covered by a basic insurance in case of loss, theft, damage.

9.3. - Tariffs
When you order products to be delivered to a country other than Belgium, you are considered the authorized importer and as such must respect the laws and regulations of the country in which you take delivery of goods. All additional customs fees are your responsibility. BiOdidoo has no control over these charges and do not know the amount. Customs policies vary from country to country, we recommend you to contact your local customs department for further information.

9.4 - Delivery Problems
Any problem of delivery (eg damaged package, already open ...) must be notified to BiOdidoo within 3 working days after reception of the product.
Any problem concerning articles contained in the package (Article expired, missing, not corresponding to the ordered item ...) must be notified to BiOdidoo within 14 days of receipt. Any notice after this period will incur no more responsibility of BiOdidoo and will therefore not be refunded nor replaced. BiOdidoo agrees to refund or exchange products that do not match your order. In this case, we thank you kindly to inform us in detail by email (info@BiOdidoo.com) and to refer the products to BiOdidoo. BiOdidoo will, at your option, exchange or refund the product. The request must be made within 14 working days of delivery. Any claims made after this deadline will not be accepted.
It is strongly advised to refer the products to BiOdidoo in the state in which you received them with all items delivered (accessories, packaging, instructions ...). In any case, you benefit from the provisions of the legal guarantee relating to the guarantee against hidden defects.
You can also use the withdrawal form here

9.5 - Parcel Return
IMPORTANT: if the customer is not present several times during the delivery, the package is returned to BiOdidoo. In this case, BiOdidoo returns the package to the client only when the package is received in return (or refunded by the carrier in case of loss), and the shipping cost of the second shipment will be charged to the customer, and this even if it turns out that the carrier has not left any calling card.
9.6 - You did not come to a compromise
In case of dispute, please contact customer service via email : info@biodidoo.com
EU law also allows you to resolve a dispute through a third party if you cannot come to a compromise. For this, you can follow this link Online Dispute Resolution
Article 10 - Warranty
10.1 The manufacturer's warranties apply. To avoid any risk, the customer is obliged to read the instructions and conditions for use of each product before use.

10.2 Read your product documentation for more information on the manufacturer's warranty, which does not challenge the imperatives rights under the law.

10.3 Any warranty claims can be made either directly to the manufacturer in accordance with the guarantee attached to the purchased products, either to BiOdidoo by mail (info@BiOdidoo.com) and this, at the latest, within 2 months after recognition of a product defect.

Article 11 - Right of withdrawal
In accordance with the disposal of article L121-20-12 of the consumption code, the customer has the right to waive the purchase without penalty and without giving any reason, within 14 working days from the day following the day of delivery of the product. Return costs will be borne by the customer. The customer will return under its responsibility the new product (s) and intact in their original packaging, accompanied of the invoice or delivery form to BiOdidoo, 1200 Woluwé-Saint-Lambert, 540 chaussée de Roodebeek, Belgium. Only goods that are returned under the mentioned conditions and within 14 working days, will be processed by BiOdidoo. The amounts paid by the customer, except delivery charges, will be refunded without charge. In case the initial delivery was borne by BiOdidoo, these costs are deducted from the amount refunded to the customer, even if the first expedition has been carried out free by BiOdidoo. Reimbursement of amounts paid intervenes in a maximum period of one month from the date of receipt of the product(s) by BiOdidoo. Products who are incomplete, damaged or whose original packaging has been damaged, will not be refunded nor exchanged. Consumers wishing to exercise this right must contact BiOdidoo within 14 working days at info@BiOdidoo.com. You can use the withdrawal form here

Article 12 - Proof of the transaction
The records stored in the computer systems of BiOdidoo, within reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The storing of purchase orders and invoices is made on a reliable and durable support and can be produced as evidence.

Article 13 - Limitation of Liability
13.1 Pictures and texts illustrating and describing the products contained on this site are non-contractual and for information purposes only and there are no guarantees. BiOdidoo assumes no responsibility for errors or omissions in the photos or texts appearing on this site. Furthermore, on the technical data sheets and product descriptions from our partners or suppliers, BiOdidoo accept no responsibility for the validity of the content. In any case, a change in the content of a product cannot be invoked in cases of discrepancy on the photo available on the product site.
BiOdidoo acts only as an intermediary and is therefore not responsible for the content of the instructions of the manufacturer or any defects in products shipped. BiOdidoo cannot be held responsible if the manufacturer makes changes to the products we deliver. BiOdidoo cannot be held liable for damages for product selection and tolerance, as well as its side effects and / or damage resulting from its use

13.2 Without limiting the generality of these terms and conditions, no application what so ever to the delivered products, non-delivery of products or another may exceed the amount of the purchase price of the products giving rise to a damage request. BiOdidoo cannot be held liable for indirect, incidental or consequential damages of any nature whatsoever (even if the birth of such damage was known or should have been by BiOdidoo) arising in connection with its products , use, sale or website.

Article 14 - Force Majeure
14.1 BiOdidoo will make every effort to fulfill its obligations but cannot be held responsible for delays or failure to deliveries caused by circumstances beyond its control, such as strikes, wars, natural or other disasters that prevent production, transportation or delivery of products.

14.2 In case of delay, BiOdidoo will fulfill its obligations promptly and reserves the right to allocate fairly the remaining stocks of products between its customers.

Article 15 - Intellectual property rights
All site information on BiOdidoo, including text, photos, illustrations, video, images, data, product database webshop, software, names, trade names, domain names, logos and other elements part of BiOdidoo are protected by copyright and intellectual property are reserved to BiOdidoo.
The information presented at the site cannot be saved, copied, modified, published, distributed, sold, used for commercial purposes or transferred to third parties in any form whatsoever without the prior written permission of BiOdidoo under liable to prosecution.

Article 16 - Protection of Privacy
According to the Law on "Informatiques et libertés" du 6 janvier 1978 and modified by the law of 6 august 2004, personal data provided to BiOdidoo will be treated confidentially. The buyer disposes, at the written request, of a right to access, modify, rectify and delete data concerning him. In accordance to the legislation in force for distance selling, BiOdiddo must safeguard the customers personal data. The information received will be used to process orders efficiently. Some of this information may be transferred to companies that are involved in delivering your products.
To oppose the transfer of such data to these companies, we ask you to communicate this by writing (see our privacy policy).

Article 17 - Personal data
 
17.1 Processing of personal data relating to the Client
As part of the Services, Biodidoo collects personal data relating to the Client and the staff of the latter, whom he processes for his own account, as part of his activities, as a controller. The Company declares in particular to comply with all the legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular to guarantee the security and confidentiality of data collected and processed on its own behalf as data controller. In particular, it undertakes to make all the mandatory declarations to the National Commission for Informatics and Freedoms

17.2 Processing of end user personal data
The purpose of this clause is to define the conditions under which the Customer entrusts to Biodidoo, as subcontractor, the processing operations of the personal data defined below, in his name and on his behalf. In the context of their contractual relations, the Parties undertake, each as far as it is concerned, to respect the regulations in force applicable to the processing of personal data, and in particular Law No. 78-17 of 6 January 1978, as well as the European Data Protection Regulation 2016/679 of 27 April 2016 (RGPD).

Description of the treatment being subcontracted

Biodidoo is authorized to process on behalf of the Customer the personal data of the End Users necessary for the provision of the Services as described in the article "Description of the Services" of these Terms and Conditions (hereinafter the "Data"), for the purpose of executing the operations arising from the use of the said Services and the tools made available to the Customer through the Solution and in particular, all the operations of approach and loyalty of End Users, storage and hosting Data, as well as the maintenance operations of the Solution. The Client indicates to Biodidoo that the purposes of the processing carried out in his name and on his behalf by the latter are (i) the management of his customers and prospects, (ii) soliciting, the promotion of his services and the definition of a marketing strategy and (iii) the analysis of the behavior of said customers or prospects for the purpose of promoting their own services, to the exclusion of any other purpose, unless otherwise specified in the estimate where applicable.
The Data processed in the context of the Services are those pertaining to the categories of data entered by the Customer as part of its use and configuration of the Services.

Obligations of Biodidoo vis-à-vis the Customer

Biodidoo is committed to:

- only process the Data for the purposes that are the subject of subcontracting, as described above;
- process the Data in accordance with the Client's instructions, it being specified that the terms and conditions for the use of the Services by the Customer shall be subject to an instruction to Biodidoo as to the treatment to be implemented. If Biodidoo considers that an instruction constitutes a violation of the RGPD relating to data protection, it shall immediately inform the Client. In addition, if Biodidoo is required to transfer data to a third country or to an international organization, under Union or French law, Biodidoo must inform the Client before processing, unless if the right concerned prohibits such information for reasons of public interest.

CGU Biodidoo

- guarantee the confidentiality of the Data processed in the context of the present.
- to ensure that persons authorized to process the Data hereunder, whether permanent or non-permanent staff of Biodidoo, its affiliated companies and any subcontractors, undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data.
- take into account, as regards its tools, products, applications or services, the principles of data protection from the design phase and the protection of data by default.
- Biodidoo is authorized to use external companies for hosting and storage of data. The subsequent subcontractor will be bound to respect the obligations of these General Conditions on behalf of and according to the instructions of the Customer. It is Biodidoo's responsibility to ensure that the subsequent subcontractor provides the same sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the treatment meets the requirements of the GDPR. If the subsequent subcontractor fails to fulfill his data protection obligations, the original subcontractor remains fully responsible to the Client for the performance of the other subcontractor's obligations.
- it is the Client's responsibility to provide the information to the persons concerned by the processing operations at the time of the collection of the Data. - as far as possible, Biodidoo must help the Customer fulfill its obligation to respond to requests for the exercise of the rights of the persons concerned:
right of access, rectification, deletion and opposition, right to limitation of processing, right to portability of data, right not to be the subject of an individual automated decision (including profiling) . In this context, when the data subjects exercise these requests with Biodidoo, they must send these requests as soon as they are received to the Customer by e-mail;
- The Parties agree that the Data may be transferred by Biodidoo and / or any subcontractor authorized hereunder or later only to recipients established in a member country of the European Union or a third country providing a level adequate protection and recognized as such by the CNIL or any other authorized body. For this purpose, Biodidoo informs the Customer that the Data is hosted in servers located in France. In case of modification of the recipient countries by Biodidoo, it must inform the Customer in advance without delay and obtain its written consent. In this case, Biodidoo will have to communicate to the Customer the list of the recipient countries updated.
- Biodidoo notifies the Customer of any personal data breaches within 72 hours of becoming aware of them and by email. This notification shall be accompanied by all relevant documentation to enable the Client, if necessary, to notify this breach to the competent supervisory authority.
- Biodidoo assists the Customer in carrying out impact analysis relating to data protection and in carrying out prior consultation with the supervisory authority.
- Biodidoo undertakes to implement the appropriate security measures in accordance with the provisions of Article 32 of the European Regulation and freely accessible on the Site.

CGU Biodidoo

- At the end of the data processing services, Biodidoo undertakes to destroy all the Data within a maximum period of 90 days.
- Biodidoo declares to keep in writing a register of all categories of processing activities carried out on behalf of the Client as of May 25, 2018.
- Biodidoo provides the Customer with the necessary documentation to demonstrate compliance with all its obligations and to allow audits to be carried out, including inspections, by the Customer.

Obligations of the Customer vis-à-vis Biodidoo

The Customer agrees to:
Provide Biodidoo with the Data necessary for the proper performance of the Services referred to herein;
Respect, for the duration of the treatment, the obligations placed on him by the RGPD;
Supervise the treatment.

Article 18 - VIP Subscriptions

VIP subscriptions are a product of Biodidoo. Depending on the subscription, the customer is entitled to additional discounts on products purchased, free deliveries or a combination of both. Subscriptions are valid for one year and are not renewed automatically. If the customer has not recovered the value of the subscription as a discount, the difference will be refunded via a purchase voucher. The calculation of discounts is based on products purchased (excluding postage)

Abuse and fraud: A VIP subscription is personal and linked to a customer account and a single address. As stated in Article 3 above, BiOdidoo may refuse orders if it appears that the buyer intends to resell the products. It is therefore forbidden to use the VIP subscription for group purchases or for third parties. Biodidoo reserves the right to change the price of subscriptions, as well as unilaterally terminate a subscription in case of abuse or fraud, without refund or compensation. The abuse automatically causes the blocking of the customer account.

Article 19 - Applicable law and jurisdiction
In case of dispute concerning the use of this site and / or information on this site, Belgian law shall apply and only the courts of the judicial district of the head office (Brussels) of BiOdidoo SPRL will be competent .