These General Conditions of Sale apply to all commercial transactions concerning the products put up for sale by Parabolic Biologicals sprl to the exclusion of all other conditions (except express exceptions done in writing and approved by both parties). The simple fact of ordering through the Bioparabolic website leads to the acceptance of the general conditions reproduced below.
2. IDENTITY OF PARABOLIC BIOLOGICALS:
Parabolic Biologicals Ltd.
Rue de l’Ecluse 2
Telephone number Belgium: 010 81 83 60 (Monday to Friday from 8:00 am to 12:30 pm and from 1:00 pm to 3:00 pm).
Telephone number International: + 32 10 81 83 60 (Monday to Friday from 8:00 am to 12:30 pm and from 1:00 pm to 3:00 pm).
VAT identification number: BE 0458736853
The terms used in these general conditions or on the Bioparabolic site must be understood as follows:
3.1. Parabolic Biologicals: the website of Parabolic Biologicals Ltd. on which the Products are presented and sold to customers. All domains and linked URLs are listed under the name Bioparabolic.
3.2. Customer: any natural or legal person, legally capable who places orders for the product (s) through the means of the Bioparabolic site.
3.3. Order: request to conclude a contract of sale by the customer between the company Parabolic Biologicals Ltd. and the customer of the internet company Bioparabolic concerning the products presented by Parabolic Biologicals.
3.4. Product sheet: refers to the information (texts, photos, graphics, classification system, etc.) linked to a product offered for sale on the Bioparabolic site.
3.5. Products: all properties offered for sale by the company Parabolic Biologicals Ltd. through the means of its website Bioparabolic.
3.6. Transaction: all operations, secure processes, authorizations and agreements inherent in the payment of products ordered by credit card or any other means of virtual transaction proposed on the site.
The customer acknowledges having read these general conditions of sale and declares, by placing the order, to expressly accept them without reservation. The validation of the order implies acceptance of the general conditions of sale.
The company Parabolic Biologicals Ltd. offers for sale nutritional supplements and balms. (Article 6).
The customer connects to the website and, by completing his shopping cart, places orders for the products he has chosen while browsing the website (article 6). The products purchased are paid online by means of one of the solutions proposed on the site. Parabolic Biologicals Ltd. confirms the acceptance of the order by e-mail and the products are delivered to the customer within a specified time (article 7).
Only products for which a "product sheet" is published on the Bioparabolic site can be sold.
7.1. All the information provided by the customer, while encoding the data inherent to his order, engages the latter. Parabolic Biologicals Ltd. cannot be held responsible for errors made by the customer in the address details of the recipient of the order (delivery address, billing address in particular) and in the delays in delivery or inability to deliver Products that these errors could generate.
7.2. The automatic registration systems are proof of the nature, content and date of the order.
7.3. Upon receipt of his order request, Parabolic Biologicals Ltd. confirms to the customer the acceptance of his order by sending a confirmation message to the e-mail address that the latter has communicated by registering his order. The sale will only be concluded once the order confirmation has been sent.
7.4. Generally and without justification, Parabolic Biologicals Ltd. reserves the right to refuse or cancel any order from a customer, in particular in case of problem of payment of the order concerned or a dispute relating to the payment of a previous order.
7.5. Almost all products are in stock. If the product ordered is not available or no longer available, Parabolic Biologicals Ltd. notifies the customer of the delivery time by email. If the time limit does not satisfy the customer, he can choose to modify or cancel his order.
7.6. Only legally capable people are allowed to place an order.
8.1. After confirmation of the order and acceptance of the payment by the organization in charge of the transaction, Parabolic Biologicals Ltd. undertakes to send the products ordered to the delivery address mentioned within a period generally comprised between 2 and 3 working days following the destination. All details concerning delivery times are available on the Bioparabolic website.
8.2. By placing an order, the customer agrees to settle at the time of receipt of the goods, all taxes, duties, taxes and other charges present and to come due on delivery of the products ordered. The joint liability of Parabolic Biologicals Ltd. can in no way be engaged in this respect.
8.3. Delivery is made by the company DPD or UPS for all countries except France where the parcels are in most cases shipped by Colissimo. Delivery rates and delivery times are available on the Bioparabolic website. No compensation can be claimed from Parabolic Biologicals Ltd. or the carrier by the customer in case of delayed delivery.
8.4. On receipt of the ordered products, it is advisable for the customer or the recipient to check the good condition of the delivered product and to be aware of its conditions of use indicated in the operating instructions supplied with it. In the event that one or more of the products ordered is missing or damaged, the customer or the consignee is advised to immediately make the necessary reservations to the carrier at the time of delivery.
8.5. If a parcel is not received despite the different passages of the carrier (maximum three passes), it is returned to Parabolic Biologicals Ltd. and the recipient is notified by e-mail. Additional delivery charges may be requested to the buyer and he will bear the costs of it (even if the first shipment was free of charge).
8.6. Customers or recipients of the products shall refrain from any partial or total resale of the products purchased.
9.1. Claims relating to the performance of the contract such as any visible and/or qualitative defect of an article or other failure to deliver; must be filed with Parabolic Biologicals Ltd. within the appropriate timeframes, and must be described in a clear and exhaustive manner, after the finding of breaches by the consumer, at the risk of infringing the rights of the consumer. These complaints must be communicated to us via the Contact page or by mail or registered letter.
9.2. Claims filed with Parabolic Biologicals Ltd. will be answered within 14 days of the date of receipt. If a claim requires a longer predictable processing time, Parabolic Biologicals Ltd. will respond within 14 days by acknowledging the receipt of the complaint and giving an indication as to when the consumer may expect a more detailed response.
10. RIGHT TO RETRACT - Withdrawal form
10.1. In accordance with the legislation in force for distance selling (law of May 31, 2014 and the book VI article 47 of the Code of Economic Law), the customer is entitled to renounce his purchase without penalties and without giving reasons. To introduce this right to retract request, the client must:
- or contact customer service via the contact page
- either complete and return the withdrawal form by e-mail or by registered letter
The customer has a period of 14 calendar days from receipt of the ordered products to return them to Parabolic Biologicals Ltd. against exchange or refund. In order to obtain the refund or the exchange, the client 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 order with the delivery form and all eventual accessories (manuals, documentation etc.) to Parabolic Biologicals Ltd, Rue de l'Ecluse 2, 1320 Beauvechain, Belgium Tel. +32 (0)10 81 83 60.
10.2. If the products are returned to Parabolic Biologicals Ltd. under the aforementioned conditions and deadlines, Parabolic Biologicals Ltd. agrees to reimburse the sums paid by the customer. The reimbursement takes place within a maximum period of 14 days from the receipt of the goods by Parabolic Biologicals Ltd.
10.3. The consumer cannot exercise the right to retract in case that:
(1) the supply of goods or services whose price are dependent on fluctuations in the financial market beyond the control of the enterprise and which may occur during the right to retract period;
(2) the supply of goods are liable to deteriorate or to perish rapidly;
(3) the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been opened by the consumer after delivery;
10.4. There is a right of waiver only of application before the parcel is sent. This waiver must be communicated to us via the Contact page.
11.1. The price indicated on the product sheets does not include transport costs.
11.2. The price indicated in the order confirmation is the final price expressed including all taxes including VAT. This price includes the price of products, the costs of handling, packaging and storage of products.
11.3. Parabolic Biologicals Ltd. reserves the right to modify the price of the products at any time but the products are invoiced on the basis of the tariffs in force at the time of the registration of the orders.
12.1. The price of the products is payable in cash, except in the case of pharmacies, wholesalers and stores which have a deadline of 30 days date invoice, by one of the means of payment proposed on the site the day of the placing of the order.
12.2. The protection against fraudulent use of the means of payment used for the transaction, in particular as a result of piracy and against any disputes concerning the payment of the price of an order, is ensured by Ingenico (formerly Ogone) or PayPal.
12.3. The order validated by the customer only becomes effective when the secured bank payment center and the company Ingenico (formerly Ogone) or PayPal have agreed to the execution of the transaction. In case of refusal of the secure bank payment center or the company Ingenico (formerly Ogone), the order will be automatically canceled and the customer notified by e-mail.
12.4. The information concerning the order is the subject of an automated data processing which is in charge of Ingenico (formerly Ogone) or PayPal. The objective of this automated data processing is to combat credit card fraud. Ingenico (formerly Ogone), PayPal and Parabolic Biologicals Ltd. are the recipients of the data related to the order. Failure to transmit data in relation to the order prevents the transaction from being performed and analyzed. In case of fraudulent use of a bank card, irregular declaration or anomaly, the contact details relating to the order associated with this unpaid amount may be entered in an incident payment file.
13.1. The company Parabolic Biologicals cannot under any circumstances and in any way be held liable for damages of any kind that could result from misuse of the products marketed.
13.2. The responsibility of Parabolic Biologicals Ltd will in any event be limited to the amount of the order and cannot be called into question for simple errors or omissions that could have survived despite all the precautions taken in the presentation of the products. In particular, the photos present on the site are provided for information purposes only. In no case may a modification of the container or the contents of a product be invoked in case of discrepancy with the photo available on the site. The information published in the product data sheets is for information purposes only. The customer undertakes to carefully read the instructions posted by the manufacturer on or in the packaging of the product. It is this notice that contains the information (and in particular dosages and contraindications) that the user must respect.
13.4. This site contains links to other websites. Neither Bioparabolic nor Parabolic Biologicals Ltd. can be held responsible for the current or future content of these sites or the content of external sites linked to the Bioparabolic site.
14.1. All products purchased from Bioparabolic benefit from the legal guarantee of articles 1649 bis and of the Civil Code, for any lack of conformity existing at the time of delivery of the Product, provided that the Client does not know or is not supposed to know the defect at the time of the conclusion of the contract, provided that this lack of conformity appears within a period of 2 years from the date of delivery. The Customer must inform Parabolic Biologicals Ltd of its intention to call the legal guarantee, in writing, at the latest within 2 months from the day on which it detected the defect. The costs of returning the non-compliant Product will be borne by Parabolic Biologicals Ltd. provided that it is made via the services offered by Parabolic Biologicals Ltd. to the Customer, failing which the latter to pay the difference if it decides to choose another more expensive service. Nevertheless, the Customer will bear all the risks relating to the loss of the Product during the whole duration of the return operation. The return costs can be credited in the form of a purchase order, to be paid on a next Order, or included in the refund if any.
14.2. Under no circumstances will Parabolic Biologicals Ltd be held liable for non-compliance with the laws and regulations in force in the receiving country. The possible liability of Parabolic Biologicals Ltd. is limited solely to the value of the product in question, determined at the date of its sale.
The customer can contact the customer service by completing the form accessible on the Bioparabolic site under the heading 'Contact us'.
15. PERSONAL DATA
15.1. The collection of nominative information carried out for the purposes of distance selling is obligatory, this information being indispensable for the processing and the routing of the orders. Failure to provide information leads to the non-validation of the order.
15.2. Parabolic Biologicals Ltd. complies with the Belgian law of 8 December 1992 on the processing of personal data, revised by the law of 11 December 1998, which takes account of the European directives of 24 October 1995.
This law provides that the company that collects personal data must have the consent of the data subject, that the data must be accurate and that it must be collected for a precise, clear and legal purpose. All persons must have access to their personal data and the right to be able to modify them. In accordance with the law, the processing of personal information concerning customers has been declared to the Commission for the Protection of Privacy. The customer has the right to access, modify, rectify and delete data concerning him, which he can exercise with Parabolic Biologicals Ltd.
15.3. Parabolic Biologicals Ltd. undertakes never to communicate the details of its customers to a third party.
15.4. The customer can also view and modify his information at any time via the My Account page.
16. INTELLECTUAL PROPERTY
The texts, layouts, illustrations, photos, product sheets and other material on this site are protected by copyright and, in general, by the principles of intellectual property rights. Bioparabolic content cannot be copied. It may not be modified, placed on any other site or published in any form without the prior written permission of Parabolic Biologicals Ltd. The website may also contain texts, illustrations and other elements protected by copyright of third parties. The company Parabolic Biologicals Ltd. gives in no way and in no case the authorization to use their intellectual property or that of third parties.
17. LITIGATION AND APPLICABLE LAW
17.1 - In the event of a dispute arising out of this contractual relationship, the parties undertake to seek an amicable solution before any legal action.
17.2 - All our international sales are governed exclusively by Belgian law. In case of any dispute, the competent courts of our headquarters are granted jurisdiction. We may, however, at our choice, when we are plaintiff, bring the dispute before the competent courts of the buyer's seat. Any nullity of one of the clauses of the present general conditions does not affect their validity for the remainder. On the contrary, the parties or courts will endeavor to replace the null provision with a disposition of equivalent effect.