Preamble
These terms and conditions of sale are entered into between Pertinium SRL, whose registered office is at Qualitis Science Park, avenue Jean Burgers 2, B-7850 Enghien, registered with the Banque-Carrefour des Entreprises under number 0802.628.874, hereinafter referred to as "Pertinium", and any individual or legal entity wishing to make a purchase via the www.bioparabolic.com website, hereinafter referred to as "the buyer".
1. Subject
1.1. Via the website www.bioparabolic.com, the company Pertinium offers dietary supplements and balms for sale. The buyer connects to the website and, by filling his/her basket, places an order for the products he/she has chosen by browsing the website www.bioparabolic.com. The products purchased are paid for online using one of the solutions offered on the site (Article 5). Pertinium SRL confirms acceptance of the order by e-mail and the products are delivered to the purchaser within an indicative period (Article 9).
1.2. These conditions of sale are intended to define the contractual relationship between Pertinium and the buyer and the conditions applicable to any purchase made through the website www.bioparabolic.com. The acquisition of a product through the site implies unreserved acceptance by the buyer of these conditions of sale which the buyer acknowledges having read prior to ordering.
1.3. Prior to any transaction, the purchaser declares, on the one hand, that the purchase of products on the www.bioparabolic.com website is not directly related to his/her professional activity and is limited to strictly personal use and, on the other hand, that he/she has full legal capacity, enabling him/her to commit to these general terms and conditions of sale.
1.4. Pertinium reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of the www.bioparabolic.com website. As a result, the applicable conditions will be those in force on the date of the buyer's order.
2. Products
2.1. The products offered are those shown on the www.bioparabolic.com website, while stocks last. Only products in stock can be ordered and they are generally dispatched within 48 hours. When a product is out of stock, it is no longer possible to order it until it is restocked. If a product ordered is no longer available, for example if the last items have been sold during the waiting period for payment by bank transfer, the buyer will be informed by email within 24 hours. They then have the choice of requesting a cancellation and a full refund or waiting for the restocking to arrive.
2.2. Pertinium reserves the right to modify the product range at any time. Each product is presented on the website www.bioparabolic.com in the form of a description of its main characteristics and specifications. The photographs are as accurate as possible, but are not binding on Pertinium. The sale of products presented on the www.bioparabolic.com website is only intended for buyers who reside in the United Kingdom or in a member country of the European Union, with the exception of the Netherlands.
2.3. Customers or recipients of the products shall refrain from any partial or total resale of the products purchased.
3. Prices
3.1. The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The company Pertinium reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
3.2. The prices shown do not include delivery charges, which are invoiced in addition to the price of the products purchased depending on the total amount of the order and the destination country. Delivery rates and times are available on the www.bioparabolic.com website.
4. Order
4.1. Before placing an order, the buyer must create an account on the www.bioparabolic.com website. The account creation section can be accessed directly from the top right-hand corner of any page on the site. On each visit, if the purchaser wishes to place an order or consult his/her account (order status, profile, etc.), he/she must identify him/herself using his/her email address and the password he/she has chosen.
4.2 All information provided by the buyer, when entering the data inherent in the order, is binding. Pertinium SRL can in no way be held responsible for errors made by the buyer in the details of the recipient of the order (delivery address, billing address in particular) and for delays in delivery or the impossibility of delivering the products ordered that these errors could cause.
4.3. Upon receipt of the order request Pertinium SRL will confirm acceptance of the order by sending a confirmation message to the e-mail address provided when the order was registered. The sale will not be concluded until said order confirmation has been sent.
4.4. In general and without justification. Pertinium SRL reserves the right to refuse or cancel any order from a customer, in particular in the event of a problem with the payment of the order in question or a dispute relating to the payment of a previous order.
5. Payment
5.1. Payment methods
Pertinium SRL accepts PayPal, credit card and bank transfer payments via the Stripe online payment solution. By using the website www.bioparabolic.com and making a payment, the buyer acknowledges and accepts Stripe's terms and conditions, as well as all Stripe's payment processing policies and procedures.
5.1.1. Secure payment by PayPal
The buyer selects the products they wish to order in the "basket", modifies them if necessary and checks the delivery address or enters a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by PayPal". The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PayPal interface to enter their PayPal account details in complete security. If the payment is accepted, the order is recorded and the contract definitively established.
5.1.2. Secure payment by bank card
The buyer selects the products they wish to order in the "basket", modifies them if necessary and checks the delivery address or enters a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then chooses the payment method of their choice: "Payment by credit card". The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure Stripe interface to enter their personal credit card details in complete security. If the payment is accepted, the order is recorded and the contract definitively established.
5.1.3. Payment by bank transfer
The buyer selects the products they wish to order in the "basket", modifies them if necessary and checks the delivery address or enters a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then chooses the payment method of their choice: "Payment by bank transfer". In the final stage, the buyer is asked to check all the information and to read and accept these general terms and conditions of sale by ticking the appropriate box, before confirming the order by clicking on the "Confirm my order" button. This final click constitutes the definitive conclusion of the contract. As soon as the order has been validated, the buyer receives an order form confirming that the order has been registered. In order to finalise payment and process the order, the buyer must validate the online transfer by signing it electronically. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. The products ordered will be dispatched at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to stock availability.
5.2. Payment security
The buyer's payment information is processed securely by Stripe. Pertinium SRL does not have access to or store payment card details on its servers. By using the www.bioparabolic.com website and making a payment, the buyer consents to his/her payment details being passed to Stripe and processed in accordance with their privacy and security policy.
5.3. Payment authorisation
By making a payment, the buyer guarantees that he/she is legally authorised to use the chosen method of payment. The buyer agrees to provide valid, accurate and complete payment information, and undertakes not to use fraudulent or illegal means of payment.
5.4. Confirmation of payment
Once payment has been made, the buyer will receive a payment confirmation by email from Stripe. This confirmation will serve as proof of payment. Please retain a copy of this confirmation for future reference.
5.5. Refunds
If a refund is granted, it will be made via Stripe on the payment method used for the initial purchase, unless otherwise specified by Pertinium SRL.
5.6. Disputes and payment disputes
In the event of a dispute or problem relating to a payment, the buyer is asked to contact customer service as soon as possible using the contact form on the website www.bioparabolic.com. Pertinium SRL will always endeavour to resolve the problem in good faith and in a fair manner. If a payment dispute arises, Pertinium reserves the right to use all available legal channels to recover the amounts due, including the transmission of the buyer's personal information to third parties involved in the collection process.
6. Reservation of ownership
The company Pertinium retains full and complete ownership of the products sold until full payment has been received, in principal, costs and taxes included.
7. Right of renunciation
There is a right to cancel an order that applies only before the dispatch notice is sent by e-mail. To activate this right, the buyer must make a request via the contact form on the www.bioparabolic.com website and Pertinium SRL will refund the full amount paid for the order within 5 working days.
8. Right of withdrawal
8.1. Under the right of withdrawal provided by European Directive 2011/83/EU, and transcribed in the Law of 31 May 2014 and Book VI Article 47 of the Code of Economic Law, on consumer rights in distance selling, the buyer has a legal period of fourteen working days from delivery of the products ordered to exercise his right of withdrawal. To make this withdrawal request, the buyer must contact Pertinium SRL's customer service via the contact form on the www.bioparabolic.com website.
8.2. In order to obtain reimbursement, the purchaser must return at his own expense (in accordance with Book VI of the Code of Economic Law and Art. VI.51 § 1.) and under his responsibility the unopened and still sealed products (accompanied by the delivery note) to the following address:
Parabolic Biologicals
c/o Warehouse Luxroutage
11, rue Paul Rischard
5324 Contern
Luxembourg
8.3. If the products are returned within the aforementioned conditions and deadlines, Pertinium SRL undertakes to reimburse the sums paid by the buyer. The refund will be made within a maximum of ten (10) working days from the date of receipt of the goods by Pertinium SRL's logistics provider, Warehouse Luxroutage.
9. Delivery and acceptance
9.1. Once the order has been confirmed and payment has been accepted by the banking institution used for the transaction (Article 5), Pertinium SRL undertakes to send the buyer the products ordered within two working days. Depending on the country of destination, delivery is generally made within two to three working days. No compensation may be claimed by the purchaser from Pertinium SRL or the carrier in the event of late delivery. Unless the delay exceeds fifteen (15) working days from the date of the order, the sales contract may be cancelled and the buyer reimbursed in full.
9.2. The company Pertinium SRL communicates by e-mail to the buyer the tracking number of his parcel. The buyer will be delivered to the address indicated when the order was placed by the chosen carrier. If the buyer is absent, he or she will receive a notice from the driver, which will enable him or her to contact the carrier with the references of the parcel in order to schedule a new delivery. Prices and delivery times are available on the www.bioparabolic.com website.
9.3. If a parcel is not received despite several visits by the carrier (maximum three visits), it will be returned to Pertinium SRL and the recipient will be notified by e-mail. An additional delivery may be requested by the purchaser and the costs will be borne by the purchaser (even if the first delivery was made free of charge).
9.4. If this is not the case, the total amount of the order will be reimbursed, with the exception of any postage costs paid, plus €7.50 incl. VAT as administrative costs. If the purchaser does not take the trouble to collect the order from a relay point within the time allowed and it is returned to Pertinium SRL, the same refund rule will apply.
9.5. By placing an order, the buyer undertakes to pay, upon receipt of the goods, all taxes, duties, levies and other present and future charges due in respect of the delivery of the products ordered. Pertinium SRL cannot be held jointly and severally liable in this respect.
9.6. The risks associated with transport are borne by the purchaser from the moment the items are taken in charge by the carrier. The buyer is obliged to check the condition of the package and its contents on delivery, in the presence of the driver. In the event of damage during transport, the buyer or recipient is advised to immediately make the necessary reservations to the carrier at the time of delivery.
9.7. The buyer must ensure that the products delivered correspond to the order. In case of error of delivery, in the event that the buyer receives a product not ordered or, on the contrary, that a product is missing, the buyer must inform Pertinium SRL within five (5) days from the date of receipt of the order via the contact form on the site www.bioparabolic.com. In this case, Pertinium SRL offers the buyer: either a refund, or the return + refund of the product received in error, including the cost of re-shipment. In the case of a missing product, after verification with Pertinium SRL's logistics provider, it will be sent in a second parcel at no extra cost.
10. Guarantee
10.1. All products supplied by the company Pertinium benefit from the legal guarantee provided by Articles 1641 et seq. of the Civil Code. In case of non-conformity of a product sold, it may be returned to the company Pertinium which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by e-mail via the contact form on the website www.bioparabolic.com, within ten (10) working days of delivery.
10.2. The cost of returning the non-conforming product will be borne by Pertinium SRL insofar as it is carried out via the services offered by the company Pertinium to the buyer, failing which the latter will pay the difference if he decides to choose another more expensive service.
10.3 Nevertheless, the purchaser shall bear all risks relating to the loss of the product throughout the return operation. Return costs may be credited in the form of a voucher, to be used on a future order, or may be included in any refund.
10.4 Under no circumstances may Pertinium SRL be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt. The potential liability of the company Pertinium is exclusively limited to the value of the product in question, determined at the date of sale.
11. Liability
11.1. Online sales
11.1.1. The company Pertinium, in the process of distance selling, is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
11.1.2. In addition, Pertinium SRL reserves the right to suspend access to the www.bioparabolic.com website for technical maintenance and/or in an emergency, without prior notice or compensation and without incurring any liability.
11.1.3. This site contains links to other Internet sites. Neither the www.bioparabolic.com site nor the company Pertinium may be held responsible for the current or future content of these sites, nor for the content of external sites linked to the www.bioparabolic.com site.
11.2. The products
11.2.1. Pertinium SRL may not under any circumstances and in any way be held liable for damages of any kind that may result from improper use of the products marketed on the www.bioparabolic.com website.
11.2.2. Furthermore, Pertinium cannot be held responsible for modifications made to products by the manufacturer. Information such as dosages and contraindications are provided for information purposes only. Only the instructions supplied by the manufacturer with or on the product should be taken into consideration by the purchaser.
11.2.3. The responsibility of the company Pertinium will be, in any case, limited to the amount of the order and could not be questioned for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of the products. In particular, the photos on the www.bioparabolic.com website are provided for information purposes only. Under no circumstances may a modification of the container or content of a product be invoked in the event of a discrepancy in relation to the photo available on the site. The notices published on the product sheets are for information only. The purchaser undertakes to read carefully the instructions displayed by the manufacturer on or in the product packaging. It is this leaflet that contains the information (particularly dosages and contra-indications) that the user must follow.
12. Force majeure
The occurrence of unforeseeable events beyond the control of Pertinium SRL that hinder the shipment of products, such as strikes, fires, floods, epidemics, disruptions or delays in means of transport, supply failures or suspensions, gives Pertinium the right to suspend, cancel or extend the delivery of orders, without the buyer being entitled to claim compensation. The parties expressly agree that this constitutes force majeure, including events beyond their control that prevent the normal performance of this contract, as well as the temporary cessation of activity by Pertinium SRL.
13. Intellectual property rights
13.1. All elements of the www.bioparabolic.com website are and remain the exclusive intellectual property of Pertinium. No one is authorised to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals or text.
13.2. The texts, layouts, illustrations, photos, product sheets and other elements appearing on the www.bioparabolic.com site are protected by copyright and, in general, by the principles of intellectual property law. The content of the www.bioparabolic.com website may not be copied. It may not be modified, placed on another site or published in any form whatsoever without the prior written consent of Pertinium.
14. Personal data
14.1. The collection of personal information for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders. Failure to provide this information will result in the order not being validated.
14.2. The company Pertinium undertakes never to communicate the details of buyers to a third party, with the exception of service providers directly involved in processing the order. The buyer has the possibility of consulting and also modifying his/her information at any time via the My Account page of the website www.bioparabolic.com.
14.3. The transmission of personal information on the website www.bioparabolic.com is governed by the Privacy Policy of Pertinium SRL, which can be consulted on the website.
15. Dissociability
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions, without such holding affecting the validity and enforceability of the remaining provisions.
16. Disputes and applicable law
16.1. In the event of a dispute arising from the present contractual relationship, the parties undertake, before taking any legal action, to seek an amicable solution. To this end, they shall first contact each other, before resorting, where appropriate, to mediation, arbitration or any other alternative dispute resolution method.
16.2. In the absence of an amicable agreement between the purchaser and Pertinium SRL, only the courts of Brussels will be competent to judge any dispute arising from the validity, interpretation, execution or non-execution, interruption or termination of these General Conditions, regardless of the place of delivery of the products or the domicile of the purchaser.
16.3. All sales, including international sales, are governed exclusively by Belgian law. However, Pertinium SRL reserves the right, at its discretion, in the event of a claim, to bring the dispute before the competent courts of the purchaser's domicile.
16.4. Where applicable, the choice of the applicable Belgian law and the competent courts of Brussels (Belgium), as stipulated, is without prejudice to the application to the purchaser of the mandatory provisions of the law of the Member State of the European Union in which he resides if they are more protective of him than the Belgian provisions, or of the jurisdiction of another court which would be designated by the applicable law of the European Union.
17. Changes to the terms and conditions of use
17.1. The most recent version of the General Terms and Conditions of Sale can be consulted at any time on this page. These General Terms and Conditions were last updated on 30 June 2023.
17.2. Pertinium SRL reserves the right, at its sole discretion, to update, amend or replace any part of these General Terms and Conditions of Sale by publishing such updates and/or amendments on the www.bioparabolic.com website. It is the buyer's responsibility to check this page from time to time for changes. By continuing to access and place orders on the www.bioparabolic.com website following the publication of changes to these General Terms and Conditions of Sale, the purchaser acknowledges that he/she accepts them unreservedly.
18. Contact details
Questions relating to the General Terms and Conditions of Sale should be sent via the contact form on the www.bioparabolic.com website.