General Terms and Conditions of Sale
Article 1. Purpose and Scope
1.1: The goods sold by Bio-LogiK SARL (Bio-LogiK) on the website www.mymusicframe.com are intended for all professionals (legal entities), non-professionals and consumers (natural persons).
1.2: The fact, for any professional Client, non-professional Client or consumer, of placing an order for goods on the Site, entails their complete and unreserved acceptance of these General Terms and Conditions of Sale, except for prior written derogation between the Parties.
1.3: Bio-LogiK reserves the right to modify these General Terms and Conditions of Sale at any time. However, the applicable General Terms and Conditions of Sale are those in force at the time the order is placed.
Article 2. Order
2.1: Any order from the Client has a firm and definitive character, from its receipt by Bio-LogiK, subject to what is provided in article 9 of the General Terms and Conditions of Sale.
2.2: Any subsequent modifications to the order for any reason whatsoever, particularly in terms of goods or delivery times, are only possible with the express and prior agreement of Bio-LogiK.
Article 3. Availability of Goods
3.1: The offer of Mymusicframe goods is valid as long as it is visible on the Site and within the limits of available stock.
3.2: In case of potential stock shortage affecting the current order, Bio-LogiK will indicate without delay and by any means to the Client, a new delivery time. In this case, the Client may cancel their order and be refunded any deposit they may have paid to Bio-LogiK, within 30 days following the cancellation of their order.
3.3: In the event that goods would be unavailable, Bio-LogiK may deliver to the Client other goods of equivalent or superior quality and price to those initially ordered, subject to the express agreement of the Client.
3.4: In case of failure by its suppliers, Bio-LogiK will inform the Client and propose the cancellation of all or part of orders already paid, committing in this case to reimburse the Client by any means for any sums they may have already paid, without prejudice to the application of article L 121-20-3 of the Consumer Code.
Article 4. Price – Delivery Costs
4.1: The sale prices of Bio-LogiK goods are expressed in euros and all taxes included but excluding delivery costs.
4.2: For any order, delivery costs will be invoiced to the Client and are added to the price of the goods ordered. Shipping costs are automatically calculated by the site and depend on the type of products, format and weight.
Article 5. Payment
5.1: Unless otherwise agreed, all sales must be paid in cash (without discount or reduction) by bank check made out to Bio-LogiK, wire transfer or bank card (credit card, carte bleue or Eurocard – Visa Mastercard or others offered on the Site). However, Bio-LogiK reserves the right to require payment of the entire sale price when placing the order or upon receipt of the invoice, depending on the nature or amount of the order or due to recurring payment incidents.
5.2: In case of sale with deferred payment, this must occur at the due date shown on the corresponding invoice.
Unless prior express agreement from Bio-LogiK for an extension of the due date shown on the invoice, any payment delay attributable to the client results in:
Cumulatively for professional clients:
-the immediate and automatic enforceability of all sums owed by the Client, regardless of the payment method provided,
-the application of late payment penalties corresponding to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 (ten) points.
-as well as the invoicing, as a penalty clause, of a sum equal to 15% of the total amount including tax of the order placed by the Client with a minimum flat rate of 30 (thirty) euros per file, and this, without prejudice to any damages or compensation that Bio-LogiK could claim.
Furthermore, Bio-LogiK reserves the right to suspend or terminate all current orders from the Client, after sending a formal notice that remains unsuccessful.
The amount of late interest may be charged as of right, on all rebates, discounts, credits or special discounts granted by Bio-LogiK.
For consumer clients:
-the immediate and automatic enforceability of all sums owed by the Client, regardless of the payment method provided,
-after sending a formal notice that remains unsuccessful for 8 days following its first presentation, the application of late payment penalties corresponding to the legal interest rate.
Furthermore, Bio-LogiK reserves the right to suspend or terminate all current orders from the Client, after sending a formal notice that remains unsuccessful for more than 8 days following its first presentation.
The amount of late interest may be charged as of right, on all rebates, discounts, credits or special discounts granted by Bio-LogiK.
Article 6. Retention of Title
6.1: THE TRANSFER OF OWNERSHIP OF GOODS TO THE BENEFIT OF THE CLIENT IS SUSPENDED UNTIL FULL PAYMENT OF THE PRICE IN CASE OF DEFERRED PAYMENT. BIO-LOGIK WILL RETAIN OWNERSHIP OF THE GOODS UNTIL PERFECT PAYMENT OF THESE WITHIN THE FRAMEWORK OF CONTRACTUALLY ESTABLISHED CONDITIONS, EVEN IN CASE OF COLLECTIVE PROCEDURE OPENED AGAINST THE CLIENT, AND THIS IN ACCORDANCE WITH ARTICLES L.624-9 AND FOLLOWING OF THE COMMERCIAL CODE.
6.2: IN CASE OF RESALE, THE CLIENT UNDERTAKES IN ADVANCE TO INFORM THE THIRD-PARTY PURCHASER, AT THE CONCLUSION OF EACH RESALE, OF THIS RETENTION OF TITLE CLAUSE AFFECTING THE GOODS THEY PROPOSE TO BUY, AND OF THE RIGHT THAT BIO-LOGIK RESERVES TO CLAIM FROM THEM, EITHER THE GOODS DELIVERED UNDER RETENTION OF TITLE, OR THEIR PRICE.
Article 7. Deliveries
7.1: Bio-LogiK delivers throughout metropolitan French territory as well as Monaco. Deliveries are made to the address indicated by the Client at the time of ordering. The transfer of risks to the Client occurs upon delivery of the goods to the carrier by Bio-LogiK for professional clients and upon delivery for non-professional clients.
7.2: The goods are shipped under the conditions below, subject to full payment by the Client of the order or validation of the outstanding amount by Bio-LogiK in case of deferred payment.
7.3: The goods are shipped in metropolitan France, Monday to Friday, within the shortest possible time.
7.4: Delivery times depend on the availability of goods and carriers, as well as the order of orders. Bio-LogiK will always try to deliver all orders placed on the sites within 48 hours.
7.5: In case the scheduled deadline is exceeded by more than 7 days, the Client may cancel their Order by registered mail with acknowledgment of receipt. However, for professional Clients, delivery delays cannot give rise to damages, price reduction, retention, modification or cancellation of current orders.
Article 8. Claims – Apparent Damage
8.1: The Client must verify the goods upon receipt.
8.2: Apparent damage (missing items, deterioration or others) observed on delivered goods must be the subject of written and precise reservations sent by the Client to the carrier by registered mail with acknowledgment of receipt with a copy to Bio-LogiK and this, within 3 (three) days, not including public holidays, following the receipt of said goods. Any claim concerning apparent damage (quantity, nature, color) observed on delivered goods must be addressed in writing to Bio-LogiK within a period of 7 (seven) calendar days, from the receipt of said goods and contain a precise description.
8.3: No return of goods may be made unilaterally by the Client without the prior written agreement of Bio-LogiK.
Article 9. Consumer Client’s Right of Withdrawal
9.1: In accordance with the provisions of article L.121-20.1 and following of the Consumer Code, the consumer Client has a withdrawal period of 14 clear days from receipt of the goods to return them at their expense to Bio-LogiK. Outbound shipping costs will not be refunded by Bio-LogiK.
9.2: In case of exercise of the right of withdrawal, Bio-LogiK will refund the amounts paid, free of charge, except for return costs, and this, within a maximum period of 30 (thirty) days following the date on which this right has been exercised.
9.3: “Custom-made” products or products that have been manufactured, personalized, to a format specified by the buyer/client are not refundable – article L221-28 of the Consumer Code – except if the seller, Bio-LogiK, has made an error and provides a product that does not correspond to the one ordered. In this case Bio-LogiK will replace the goods and take back the product that does not correspond to the one ordered by the client.
Article 10. Data Protection and Privacy
10.1: In accordance with the new Data Protection and Privacy Act No. 2004-801 of August 6, 2004, the processing of personal data concerning the Client is subject to a declaration to the National Commission for Data Protection and Privacy (CNIL).
10.2: The Client has a right of access, rectification, modification or deletion of personal data concerning them, by sending a simple letter to the following address Bio-LogiK – 4 rue Louis Loucheur – 75017 Paris The Client may also obtain, at their expense, a copy of the personal data concerning them as well as the information to which they are entitled under the aforementioned Law. The costs correspond to the cost of reproduction.
10.3: Likewise, depending on the choice made when ordering, the Client may receive announcements and special offers from Bio-LogiK. The Client may object to the transmission of information concerning them and/or no longer receive announcements and special offers by sending a simple letter to this effect, to the address indicated above.
Article 11. Competent Jurisdiction in Case of Dispute
11.1: IN CASE OF DISPUTE OF ANY NATURE OR CONTESTATION RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE AND TO SALES CONTRACTS CONCLUDED BY THE NON-COMMERCIAL CLIENT WITH BIO-LOGIK, THIS DISPUTE MAY BE BROUGHT BEFORE THE COMPETENT JURISDICTION IN APPLICATION OF COMMON LAW;
11.2: IN CASE OF DISPUTE OF ANY NATURE OR CONTESTATION RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE AND TO SALES CONTRACTS CONCLUDED BY THE PROFESSIONAL COMMERCIAL CLIENT, THE COURT OF VAL D’OISE IS SOLELY COMPETENT.
11.3: THIS CLAUSE APPLIES EVEN IN CASE OF INCIDENTAL DEMAND, PLURALITY OF DEFENDANTS OR WARRANTY CALL, AND REGARDLESS OF THE MODE AND MODALITIES OF PAYMENT OF THE GOODS SUBJECT TO THE SALE.
Note: All prices in this rate schedule may be modified during the year. All items are subject to temporary stock shortage depending on the restocking of our supplier(s).