General conditions of sale
Welcome to www.biologist-mood.fr , we are delighted to welcome you and that you like our products.
Your satisfaction is our priority and we do everything we can to offer you the best customer experience.
We ask you to read these “General Conditions of Sale” carefully before accepting them.
The T&Cs are important for us as well as for you! The purpose of this document is to inform you, prior to your purchase, about our terms of sale and to answer any questions you may legitimately have, such as "can I withdraw", "what are the delivery times", etc.
WHO ARE WE ?
In this document:
– BIOLOGIST MOOD “I”, “we” designates the professional seller. SASU DOCTOR OF HAPPINESS (ADEME FR300036_01PKVQ);
– “you”, “the customer(s)”, “the consumer(s)” designate the non-professional buyer having the status of consumer.
PURPOSE OF THE GTC
The conditions of sale govern all sales of Biologist mood products made on www.biologist-mood.fr to non-professional buyers with consumer status.
The T&Cs prevail over any other conditions or contradictory documents present on the site www.biologist-mood.fr or its social networks.
The T&Cs are available on www.biologist-mood.fr at any time and we refer to the T&Cs before paying for your order. You can print them.
Biologist Mood reserves the right to modify the T&Cs; however, those applicable to you are those in effect on the date your order is placed.
The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions.
Validation of your order constitutes acceptance without restriction or reservation of these General Terms and Conditions.
You acknowledge that you have the legal capacity required to contract and acquire the products offered on www.biologist-mood.fr
WHAT PRODUCTS DO YOU OFFER?
We grant you, buying online is not like in a store where you can touch and see the product directly.
This is why, as an e-retailer, we are obliged to provide you with as much information as possible about the products so that you can place an order with full knowledge of the essential characteristics of the products, within the meaning of Article L. 111-1 of the Consumer Code.
The products offered for sale by Biologist Mood are those which appear in stock on www.biologist-mood.fr at the time of your visit.
We ask you to refer, before placing your order, to the description presented on each product sheet .
We do our best to ensure that the photographs are as close to reality as possible, however, minimal variations may exist without this engaging the responsibility of Biologist Mood .
We would like to inform you that you are solely responsible for your choice of product and your purchase.
If you need additional information, just write to us at contact@biologist-mood.fr and we will be happy to help you.
HOW TO ORDER
After selecting your product, you must follow the online purchase process by clicking successively on the following buttons: "Order" -> "View cart" -> "Payment page" -> "Check-out" -> "Order"
You have the opportunity to check the details of your order, its total price and to correct any errors before confirming your acceptance. It is your responsibility to check the accuracy of the order and to rectify or report any errors immediately .
The registration of an order on www.biologist-mood.fr is carried out when you accept these General Conditions of Sale by checking the box provided for this purpose and confirm your order.
This validation implies acceptance of all of these General Conditions of Sale of www.biologist-mood.fr
To be final, Biologist Mood must send you, without delay and after full payment of your order, by email, an email acknowledging receipt of your order and its acceptance.
The confirmation of your order and the acceptance of the order by Biologist Mood form the contract concluded remotely. The order cannot be cancelled outside the right of withdrawal or in cases of force majeure (see paragraph “Can I withdraw” ). Unless proven otherwise, the data recorded in the Biologist Mood computer system constitutes proof of all transactions concluded with you.
WHAT ARE THE PRICE CONDITIONS?
Any placing of an order implies payment by the customer; this is an order with payment obligation.
Price
The prices displayed on www.biologist-mood.fr are expressed in euros (€), all taxes included (TTC) and excluding shipping costs. They are firm and not subject to revision.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of Biologist Mood . They will be your responsibility and are your responsibility (declarations, payment to the competent authorities, etc.). Biologist Mood invites you to inquire about these aspects with the corresponding local authorities.
The price may be modified at any time by Biologist Mood. However, the price applicable to you is the one in effect displayed on www.biologist-mood.fr at the time of your order.
You can benefit from the discounts (promotion, sale, etc.) which appear on the website www.biologist-mood.fr under the conditions and during the validity period specified on the website www.biologist-mood.fr
To meet the requirements of Article L 112-1 of the Consumer Code, the price appears on www.biologist-mood.fr when registering your order and before confirming your order.
Additional delivery and transport costs as well as taxes will be calculated and informed to you before confirming your order, at the payment stage.
The total amount of your order is shown on the order confirmation page.
Biologist mood reserves the right to suspend or cancel the order in the event of non-compliance with the above payment conditions.
You will receive your invoice at the email address you provided. For customers who created a customer account when ordering, they can find their invoice in their personal space.
Payment
Payment is made immediately after order confirmation.
Payment is due in full and payable in cash using the following payment methods:
– Bank card (MASTERCARD, AMERICAN EXPRESS, BANCONTACT, IDEAL SORFORT BANKING, CARTE BLEU) via the secure payment infrastructure “Stripe”
DELIVERY
Deadline
The delivery time depends on the delivery method chosen by the customer. These times include its preparation, shipping and delivery to the delivery address indicated by the customer when ordering. In addition, these times are understood only in “working days”, under normal conditions, from Monday to Friday excluding public holidays.
Delivery
In accordance with article L 216-1 of the consumer code, delivery means the transfer to the consumer of physical possession or control of the goods.
The companies La Poste Colis Privé or Mondial Relay will deliver the products according to the terms defined below, to the address you have provided.
Attention :
We offer international shipping of our products.
You must be vigilant and check the address provided before confirming your order, as you will be held solely responsible for the consequences arising from any data entry error on your part and the related costs, in particular the reshipping costs which will be your sole responsibility.
Biologist Mood will make every effort to ensure that your order is shipped within 3 to 5 working days in mainland France and Belgium. You may request in writing the termination of the sale (under the conditions set out in Articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the date of the order. It will then be up to Biologist Mood to return the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The resolution of the sale will not be retained if the delay or failure to deliver occurs due to the consumer or a case of force majeure.
Price
The delivery price varies depending on the weight and size of the package.
In any event, the delivery price will be communicated to you before confirming your order.
I HAVE A PROBLEM WITH MY ORDER
Why is my order cancelled?
We may cancel your order for any legitimate reason, including if there is a prior dispute.
The order may also be refused if the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
We may cancel your order if the product is unavailable.
Our products are indeed offered as long as they are visible on www.biologist-mood.fr and within the limit of available stocks. In the event of unavailability of a product after placing your order, we will inform you by email. Biologist Mood is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
My package is damaged, what should I do?
Ownership of the products is transferred to you upon acceptance of the order by Biologist Mood and payment of the order.
On the other hand, the transfer of risks of loss and deterioration of the products only occurs from the effective delivery of the order when you take physical possession of the products.
In the event that you notice any deterioration of your package upon delivery, you must explicitly refuse it because if you accept it, the package will be considered as being “up to standard” (e.g. deterioration: package torn at the top, 5 cm hole / wet package, open package, etc.). Once the refusal of the package has been made, contact our after-sales service contact@biologist-mood.fr without delay and on the same day, explaining your refusal to receive your package that day as well as the reasons for this refusal.
If it is impossible to refuse the package in the presence of the carrier when it is damaged/poor (examples: torn, open, wet, etc.) or when opening one or more products are missing (example: package delivered to your mailbox), you must send an email to contact@biologist-mood.fr within 3 days maximum from the day of delivery , indicating in the “Subject” of the email: damaged package + order number.
For full support of your request , you will need to attach the following photos to your email:
- The packaging box;
- From the shipping label;
- From the delivery note;
- A photo of the products in the box;
- The EAN barcodes of the products.
These will be sent to our logistician to verify the data recorded upon departure from the storage warehouse to the carrier. These photos are ESSENTIAL in order to inform him of the apparent damage that you have noticed.
The same procedure must be followed if the damage (breakage, theft) was only discovered when the package was opened, even if the exterior of the package (packaging) is not damaged.
In the event that you choose to be delivered by a carrier other than the one chosen and proposed by Biologist Mood , the transfer of risks occurs as soon as the products are handed over to the carrier. Consequently, Biologist Mood declines all responsibility and any loss or deterioration of the products will be your responsibility.
My package seems lost, what should I do?
Your package is deemed “lost” by the carrier, please contact Biologist Mood at contact@biologist-mood.fr without delay. Do not forget to indicate in the “Subject” of your email: the title of your request + order number.
Attention. If it is a relay point/parcel relay/mondial relay unavailable or closed, Biologist Mood declines all responsibility and any loss or deterioration of the products remains your responsibility. In any case, we will not be able to process your request until the returned products have actually been received, and their intact condition has been verified.
I received a different product than the one I ordered, what should I do?
In the event of an error on the part of Biologist Mood when preparing your package, you must inform Biologist Mood at the address contact@biologist-mood.fr within three working days of receiving your order. Biologist Mood will ask you to send them by email the subject of your request + your order number. For your request to be fully processed, you must attach the following essential photos to your email:
- The packaging box;
- From the shipping label;
- From the delivery note;
- A photo of the products in the box;
- The EAN barcodes of the products.
In the event of an error, Biologist Mood will send you a return slip by email so that you can return the item received in error. However, for faster processing, you can advance the return costs and we will undertake to reimburse you for the shipping costs at no extra charge. Upon receipt of the returned product, Biologist Mood will proceed to send you a new product corresponding to your order free of charge (provided that the return conditions provided for in the paragraph "Can I withdraw?" of these terms and conditions are respected).
I received a product with a defect, what should I do?
From the date of delivery, you have 3 working days to send your complaint in writing, by post (see the address in the paragraph “How to make a return?”) or by email to contact@biologist-mood.fr ).
You will need to attach to your request all supporting documents, including photos proving the subject of your complaint:
For complete processing of your request, you will need to attach the following photos to your postal letter or email:
- The packaging box;
- From the shipping label;
- From the delivery note;
- A photo of the products in the box;
- The EAN barcodes of the products.
If the claim is not made within these time limits and conditions, it will be refused by Biologist Mood and the products will be deemed to be compliant and free from any apparent defect.
You may request a refund or replacement of the product, which will be the responsibility of Biologist Mood, for any product delivered, whose lack of conformity or apparent or hidden defects have been duly proven by the consumer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
CAN I WITHDRAW?
You have the right to go back!
Yes, but there are conditions to respect if you wish to withdraw :
From the day you receive your order, you have 14 days to exercise your right of withdrawal.
To exercise this right, you must explicitly formulate your request without having to justify it, within 14 days of receipt of your order.
To do this, you must notify Biologist Mood by post or email of your wish to withdraw. However, you must specify:
- Your order number;
- Your first and last name;
- Your address;
- Your phone number;
- Your email address.
In the event of a dispute, it is up to you to prove that you have respected the aforementioned withdrawal period.
Exception to the right of withdrawal
Please note that if the customer unseals the product (breakage of the tamper-evident ring, removal of the plastic clip), it will not be possible to retract it.
The right of withdrawal is in fact conditional on compliance with the requirements set out in Article L 221-28 of the Consumer Code, which provides in particular that “the right of withdrawal cannot be exercised for contracts:
(…)
– Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
How to make a return?
To be accepted by Biologist Mood, the return must meet the following conditions:
– The products must be returned to SASU DOCTOR OF HAPPINESS no later than 14 days after sending your withdrawal request.
– The products must be returned in their original condition and complete, allowing them to be put back on the market in new condition.
– Products must not be damaged, opened, or incomplete.
– The package must be returned to the following address: SASU DOCTOR OF HAPPINESS, 57 RUE VICTOR BALTARD 59200 TOURCOING.
– The package must be returned by post via Colissimo to the above address.
When the conditions specified above are met, upon receipt of the return and after checking the condition of the returned product, you will be reimbursed, within 14 days of receipt of your return, for all sums paid, excluding delivery costs: the costs and risks of the return remain your responsibility.
Biologist Mood will issue the refund using the same payment method used for the initial purchase.
In the event of a dispute, it is up to you to prove that you have respected the aforementioned withdrawal period.
HOW TO CONTACT YOU?
Contact / After-sales service
For any inquiries or complaints, whether before or after your purchase, you can contact customer service by email at contact@biologist-mood.fr
Broadcast authorization
Your feedback, messages and photos make me very happy and are essential to help me always improve and offer you a quality customer experience.
You hereby authorize Biologist Mood to make them public on its website www.biologist-mood.fr and/or its social networks Instagram, Facebook, Pinterest, LinkedIn, Snapchat, TikTok.
YOU ARE NOT ALWAYS RESPONSIBLE?
Indeed, Biologist Mood cannot be held responsible in the event of misuse or non-compliant use of our products.
Biologist Mood is also not held liable in the event of negligence or fault attributable to the customer. For example, if you do not collect your order from the relay point within the announced time, the package will be returned to us, it will be up to you to pay the delivery costs for a new shipment. In the same sense, if the address you provide for delivery is incorrect, in the event of loss of the package or if the package is returned to us, it will be up to you to assume the delivery costs for a new shipment and you will not be able to claim a refund for the order.
Biologist Mood's liability is also excluded in the event of force majeure.
LEGAL PROVISIONS
Personal data
In accordance with Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018; the consumer data collected by Biologist Mood are justified by the service provided to the consumer and in particular for the needs related to the proper processing of his order and its delivery. Biologist Mood may communicate this data to its possible subcontractors responsible in particular for the execution, processing, management and payment of orders.
The consumer may object to the collection and/or use of their data and has rights to control the use made of their data. In particular, they may request access to their data, have it rectified, or object to its inclusion in a file. They have a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning them.
To exercise this right, the consumer must make his request by sending an email to the address contact@biologist-mood.fr or a letter to the address: 57 RUE VICTOR BALTARD 59200 TOURCOING.
The processing of information communicated via the website www.biologist-mood.fr meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
| COMPLIANCE AND LEGAL GUARANTEES In accordance with Article L 411-1 of the Consumer Code, the products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market. The products sold on the website www.biologist-mood.fr comply with the requirements of French law in force at the time they are placed on the market. The products supplied by Biologist mood benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions: – The legal guarantee of conformity: Biologist mood is liable for defects in the conformity of the product, under the conditions of Articles L211-4 et seq. of the Consumer Code. This guarantee applies to defects already present on the date of delivery of the product and/or to products that do not correspond to the order. – Legal guarantee against hidden defects: Biologist mood is liable for hidden defects in the product under the conditions set out in articles 1641 et seq. of the Civil Code. It applies if the defect was hidden, existed on the date of purchase and renders the product unusable or significantly reduces its use. In order to assert his rights, the consumer must act within 2 years of delivery of the products or discovery of the defect. He must prove the existence of the defect. The consumer may obtain a refund or replacement of products under warranty deemed non-compliant or defective, at the latest within 14 days following the discovery by Biologist mood of the lack of conformity or hidden defect. The warranty does not apply to apparent defects and Biologist mood cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the consumer, as in the event of normal wear and tear of the product, accident or force majeure; or in the event of a modification to the product not foreseen or specified by Biologist mood |
Intellectual property
The products on sale on www.biologist-mood.fr are protected by intellectual property law.
Biologist Mood does indeed hold copyright on its creations; the sale of Biologist Mood products does not entail any transfer of copyright to the customer. Biologist Mood remains the sole owner of intellectual property rights.
It is strictly forbidden for the customer to use Biologist Mood products in a way that could infringe on Biologist Mood's industrial or intellectual property rights. The customer is exposed to legal action, particularly for counterfeiting.
All elements constituting the site www.biologist-mood.fr are protected by French and international laws relating to intellectual property. It is forbidden for anyone to reproduce, exploit, market or use these elements, in any capacity whatsoever, even partially, under penalty of legal action.
Force majeure
In the event that the parties fail to perform their obligations or if the performance of their obligations is delayed due to a case of force majeure within the meaning of Article 1218 of the Civil Code, the parties may not be held liable. The causes may be multiple and in particular climatic, epidemiological, bacteriological, military, political, IT, etc.
Disputes
These General Terms and Conditions and the transactions resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
We inform you that for any dispute arising following your purchase on the website www.biologist-mood.fr you have various options, whether amicable or not.
You are invited to first contact Biologist mood customer service contact@biologist-mood.fr (see article herein “ HOW TO CONTACT US? Contact/After-Sales Service ”) in order to reach an amicable agreement.
If we are unable to reach an arrangement, you have the option of resorting to conventional mediation, in particular with the Consumer Mediation Commission ( C. consom. art. L 612-1 ) or with the E-Commerce mediation body.
As a consumer, you can use the Online Dispute Resolution Platform (ODR) accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
You can also contact a consumer association that will help you with your procedures or alert the DGCCRF. You can also use any alternative dispute resolution method (conciliation, for example).
When no amicable solution can be reached, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.