Terms and Conditions

PREAMBLE

These general conditions of sale (hereinafter the "General Conditions" or "GTC") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website https://silkbiotic.com/ (hereinafter the “SITE”) with BENU BLANC, a simplified joint-stock company with share capital of 15,250 euros, registered with the Grenoble Trade and Companies Register under number 848 365 912, located at 1 chemin du Tracollet – 38113 Veurey Voroize, France, Tel: +33 (0)6 09 54 09 68 (hereinafter “BENU BLANC”).

These General Conditions are intended to govern the sale and delivery of products ordered from SILKBIOTIC via the SITE.

They are accessible and printable at any time via a hypertext link available on the SITE's home page.

IMPORTANT

Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.

Article 1. Definitions

The terms used below have, in these General Conditions, the following meaning:

  • SHOPS”: refers to points of sale (for example, concept store, department store stand)
  • CUSTOMER”: designates the co-contractor of SILKBIOTIC, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
  • ORDER”: refers to the purchase of products by a CUSTOMER from SILKBIOTIC.
  • ACCOUNT”: refers to all the data provided by the CLIENT, hosted on the SITE. Access to the ACCOUNT is via the CUSTOMER'S IDENTIFIERS and allows access to the CUSTOMER'S PERSONAL SPACE.
  • "PERSONAL SPACE": refers to the space dedicated to the CUSTOMER associated with his ACCOUNT, which allows him to manage all ORDERS placed via the SITE.
  • IDENTIFIERS”: refers to the email address and password chosen by the CLIENT, necessary to access his ACCOUNT on the SITE.
  • DELIVERY”: designates the first presentation of the products ordered by the CLIENT to the delivery address indicated during the ORDER.
  • "TERRITORY" : designates metropolitan France, Monaco, Corsica, Switzerland, and all the countries of the euro zone, i.e. Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland , Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia and Slovenia.

Article 2. Object

These General Conditions govern the sale of products via the SITE. The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers. Professionals can contact the SILKBIOTIC sales department in order to benefit from specific contractual conditions.

The CUSTOMER is expressly informed that these General Conditions are not applicable to the purchase of products in the SHOP. The contractual conditions dedicated to the sale of products in BOUTIQUE can be consulted in BOUTIQUE.

Article 3. Acceptance of the general conditions

The CUSTOMER agrees to carefully read these terms and accept them, before proceeding to the payment of an ORDER of products.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted and expressly accepted before placing the ORDER. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.

SILKBIOTIC advises the CUSTOMER to read the General Conditions for each new ORDER, the latest version of the said Conditions applying to any new ORDER of products.

By clicking on the "Order" button to place the ORDER, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. Registration on the site

To be able to buy a product, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The CLIENT's registration on the SITE is free.

Section 4.1. Time of registration

To be able to place an order, the CUSTOMER will be invited to register on the SITE, that is to say to create an ACCOUNT.

Any CUSTOMER has the option of registering during the first visit to the SITE.

In any case, he must register at the latest when validating his ORDER.

Section 4.2. Registration procedure

For the purpose of opening his ACCOUNT, the CUSTOMER must:

- Fill in the form provided for this purpose and fill in all the required information and in particular their surname, first name, e-mail address. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's registration to be processed by SILKBIOTIC

- Choose IDENTIFIERS, that is to say an e-mail address and a password, which can be modified at any time. It is recommended to change the password regularly.

Any incomplete registration will not be validated, which the CLIENT acknowledges and accepts.

The information that the CLIENT provides to SILKBIOTIC during registration must be complete, accurate and up-to-date. SILKBIOTIC reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, their eligibility and the information provided.

The registration of the CUSTOMER automatically leads to the opening of an ACCOUNT in their name, giving them access to a PERSONAL SPACE which allows them to manage their ORDERS of products.

At the end of this process, the CUSTOMER will receive an email confirming registration.

The CUSTOMER undertakes to create only one single ACCOUNT on the SITE.

CUSTOMERS guarantee that all the information they provide in the registration form is accurate, up-to-date and sincere, and is not vitiated by any misleading nature.

They undertake to update this information without delay in their PERSONAL SPACE in the event of modifications, so that it always corresponds to the above-mentioned criteria.

CUSTOMERS are informed and accept that the information entered for the purpose of creating or updating their ACCOUNT serves as proof of their identity. The information entered by the CUSTOMERS commits them as soon as they are validated.

CUSTOMERS can access their PERSONAL SPACE at any time after identifying themselves using their IDENTIFIERS.

THE PERSONAL SPACE allows the CUSTOMER to consult all his ORDERS made on the SITE, and also allows him, if necessary, to follow the DELIVERY of the products.

SILKBIOTIC undertakes, however, to securely store all contractual elements whose storage is required by law or regulations in force.

In the event of violation of these provisions relating to the registration of a CUSTOMER, SILKBIOTIC may send him an e-mail and give him a period of seven (7) working days to comply with these conditions. This e-mail will indicate the alleged grievances as well as the obligations whose non-compliance is alleged. At the end of this period, SILKBIOTIC may suspend the CUSTOMER'S ACCOUNT. If the CUSTOMER fails to comply within a new period of seven (7) working days, SILKBIOTIC may delete his ACCOUNT. In the event of ORDERS in progress, these must be paid for by the CLIENT and delivered by SILKBIOTIC.

This exclusion is not exclusive of the possibility, for SILKBIOTIC, to undertake legal proceedings against the CLIENT, when the facts have justified it.

Section 4.3. IDENTIFIERS management

The CUSTOMER will be solely responsible for the use of his IDENTIFIERS or the actions carried out through his ACCOUNT.

In the event that a CUSTOMER discloses or uses his IDENTIFIERS in a manner contrary to their intended purpose, SILKBIOTIC may then terminate the ACCOUNT without notice or compensation.

Under no circumstances can SILKBIOTIC be held liable in the event of usurpation of the identity of a CUSTOMER. Any access and action carried out from the ACCOUNT of a CUSTOMER will be presumed to be carried out by this CUSTOMER, insofar as SILKBIOTIC has no obligation and does not have the technical means allowing it to ensure the identity of the people with access to the ACCOUNT.

Any loss, misappropriation, or unauthorized use of the IDENTIFIERS of a CLIENT and their consequences are the sole responsibility of the CLIENT, the latter being required to notify SILKBIOTIC, without delay, by electronic message sent to the following address: contact @silkbiotic.com.

Section 4.4. Unsubscribe

The CUSTOMER may at any time close his ACCOUNT by sending an email to the following address contact@silkbiotic.com. SILKBIOTIC will deactivate the ACCOUNT as soon as possible and will send the CUSTOMER an email confirming the closure of their ACCOUNT.

In the event of ORDERS in progress, these must be paid for by the CLIENT and delivered by SILKBIOTIC.

Article 5. Orders

Section 5.1. Product Features

SILKBIOTIC undertakes to present the essential characteristics of the products on the SITE and the information required under applicable law.

The CUSTOMER undertakes to read them carefully before placing an order on the SITE.

Section 5.2. ORDER procedure

Product ORDERS are placed directly on the SITE. To place an ORDER, the CUSTOMER must follow the steps described below ( please note however that depending on the CUSTOMER's start page, the steps may differ slightly).

5.2.1. Product selection and purchase options

The CUSTOMER must select the product of his choice by clicking on the product concerned and choosing the desired quantities. A description of the product (with the main characteristics of the products, etc.) will be provided on the SITE.

Once the product has been selected, the product is placed in the CLIENT's basket. The latter can then add to his basket as many products as he wishes.

5.2.2. Orders

Once the products have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their ORDER is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs. delivery.

The CUSTOMER is invited to check the content of his ORDER (including the quantity, characteristics and references of the products ordered, the billing address, the means of payment and the price) before validating its content.

The CUSTOMER can then proceed to the payment of the products by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the products.

ORDERS placed must include all the information necessary for the proper processing of the ORDER.

The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER'S ORDER. A copy of the acknowledgment of receipt of the ORDER is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.

It is specified that the summary of the ORDER as well as the confirmation email may be kept and printed by the CLIENT.

SILKBIOTIC does not send any ORDER confirmation by post or fax.

5.2.4. Billing

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER'S ORDER to be processed by SILKBIOTIC).

The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.

The CUSTOMER must also specify the means of payment chosen.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that SILKBIOTIC sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the ORDER or payment method used, the CUSTOMER will be able to recover his invoice from the order confirmation email sent to him.

5.2.5. Other features of the PERSONAL SPACE

From his PERSONAL SPACE, the CUSTOMER has the possibility to manage his personal information and to modify it, to find out about ORDERS placed, in progress or recently dispatched and to exercise his right of withdrawal.

The CLIENT may also subscribe or unsubscribe to our newsletter.

Section 5.3. Date of the order

The date of the order is the date on which SILKBIOTIC acknowledges receipt of the ORDER online. The deadlines indicated on the SITE do not begin to run until this date.

Section 5.4. Price

For all products, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, the DELIVERY address and the carrier or mode of transport chosen) .

Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the products from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the product sold.

The prices of SILKBIOTIC's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.

The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.

Section 5.5. Product availability

SILKBIOTIC undertakes to deliver the product on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.

The CUSTOMER is, however, informed of the fact that SILKBIOTIC uses specialized external carriers to deliver its products.

The unavailability of a product is in principle indicated on the page of the product concerned. CUSTOMERS can also be informed of the restocking of a product by SILKBIOTIC. 

In any case, if the unavailability was not indicated at the time of the ORDER, SILKBIOTIC undertakes to inform the CLIENT without delay if the product is unavailable.

In the event that a product is unavailable, SILKBIOTIC may, and if the parties agree, offer an alternative product of equivalent quality and price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order for unavailable products, he will obtain a refund of all sums paid for the unavailable products within ten (10) days of payment at the latest.

Article 6. Evaluation of the “Judge.me Application” service provision

Any purchase on the SITE https://silkbiotic.com/ offers the CUSTOMER the possibility of participating in the “Site evaluated - Judge.me” operation organized by Judge.me.

Through a satisfaction questionnaire, the purpose of which is to measure the quality of service provided throughout the act of purchase, the CUSTOMER will be able to share their personal experience with SILKBIOTIC and share it with the community. Internet users from the Judge.me application. This questionnaire may be sent to the CLIENT by Judge.me via email.

The information collected in this questionnaire is subject to automated data processing for which Judge.me is responsible. Partial responses or no response to this satisfaction questionnaire have no impact on the progress of the CLIENT's order and its processing.

Judge.me and SILKBIOTIC are the recipients of the personal data collected in these satisfaction questionnaires. Non-personal data will be used by Judge.me in accordance with the regulations in force and in particular those relating to the protection of personal data.

In accordance with the Data Protection Act of January 6, 1978, the CLIENT has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by proving his identity.

Furthermore, any CUSTOMER wishing to write to SILKBIOTIC about a particular review will be invited to write to it at this address: contact@silkbiotic.com providing the precise references of the review concerned.

A posteriori , and in the event of a relevant report, SILKBIOTIC only undertakes to delete or erase a notice insofar as it:

  • Fails to comply with these General Terms and Conditions;
  • Contain offensive, defamatory, racist or illegal content.

Article 7. Right of withdrawal

The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof.

Article 8. Payment

Section 8.1. Means of payment

The CUSTOMER can pay for his products online on the SITE using the means offered by SILKBIOTIC, i.e. by credit card (Visa, MasterCard, American Express, Apple Pay), PayPal and Paypal Express, or payment in 3x without costs via the service provider Alma.

At this stage, the CUSTOMER also has the possibility of indicating a Promo Code which gives rise to an advantage (discount, products offered) provided that it is still valid. To do this, the CUSTOMER must include his promo code at the time of payment, in the "Discount code" box, then click on " Apply". His Code is then included in his purchase and the CUSTOMER benefits from the reduction.

The CUSTOMER guarantees SILKBIOTIC that he has all the authorizations required to use the chosen means of payment.

SILKBIOTIC will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.

It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

Section 8.2. Payment date

In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the ORDER of products is placed on the SITE.

If the CUSTOMER decides to cancel his order for unavailable products, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

Section 8.3. Late or refused payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact SILKBIOTIC Customer Service in order to pay for the ORDER by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the ORDER will be canceled and the sale automatically terminated.

Article 9. Evidence and archiving

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by SILKBIOTIC for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.

SILKBIOTIC agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.

In the event of a dispute, SILKBIOTIC will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 10. Transfer of ownership

SILKBIOTIC remains the owner of the products delivered until full payment by the CLIENT.

The above provisions do not preclude the transfer to the CLIENT at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the products subject to the reservation of property, as well as the risk of damage they may cause.

Article 11. Delivery

The terms of DELIVERY of the products are provided for in the "delivery policy" referred to in Appendix 2 hereof.

Article 12. Warranties

Apart from the commercial guarantees that SILKBIOTIC could offer for certain products, any CUSTOMER benefits from “legal” guarantees, for all the products, which are detailed below.

Section 12.1. Legal guarantee of conformity

Article L. 217-4 of the Consumer Code : “ SILKBIOTIC delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.

Article L.217-5 of the Consumer Code : “ The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by SILKBIOTIC and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by SILKBIOTIC, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”.

SILKBIOTIC is likely to be liable for existing lack of conformity at the time of delivery and for lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it or has been carried out under its responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the product. ( Article L. 217-12 of the Consumer Code )

In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the product, at its option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, given the value of the product or the importance of the defect, SILKBIOTIC may proceed with a refund, without following the option chosen by the customer.

In the event that replacement or repair is impossible, SILKBIOTIC undertakes to refund the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the CLIENT to the following address: SILKBIOTIC Returns Service – 1 Chemin du Tracollet 38113 Veurey-Voroize.

Finally, the CUSTOMER is exempted from providing proof of the existence of the lack of conformity of the product during the twenty-four (24) months following the delivery of the product, except for second-hand goods for which this period is set at six (6 months. ( Article L.217-7 of the Consumer Code ).

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the products.

Section 12.2. Warranty against hidden defects

SILKBIOTIC is bound by the warranty for hidden defects in the product sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have given it a lesser price, if he had known them. ( Article 1641 of the Civil Code )

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the product if it is returned and reimbursement of part of its price, if the product is not returned.

In the event that replacement or repair is impossible, SILKBIOTIC undertakes to refund the price of the product within thirty (30) days of receipt of the returned product and in exchange for the return of the product by the CLIENT to the following address: SILKBIOTIC Returns Service – 1 chemin du Tracollet 38113 Veurey-Voroize, France.

The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. ( Paragraph 1 of article 1648 of the Civil Code)

Article 13. Packaging

The products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the products during DELIVERY, and if necessary their conservation at the right temperature.

Article 14. Liability

SILKBIOTIC cannot be held liable under any circumstances in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering their ORDER.

SILKBIOTIC cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

It is also specified that SILKBIOTIC does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.

Finally, the CUSTOMER undertakes in any case to take note of the precautions for use, of the product delivered, mentioned on the product or on its packaging. SILKBIOTIC cannot be held responsible for any inconvenience or damage directly or indirectly related to the abnormal use of a product.

Article 15. Force majeure

SILKBIOTIC cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

As such, SILKBIOTIC cannot be held liable, in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of SILKBIOTIC occurring after the conclusion of the GCS and preventing the execution under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any action against SILKBIOTIC.

In the event of the occurrence of one of the aforementioned events, SILKBIOTIC will endeavor to inform the CLIENT as soon as possible.

Article 16. Personal data

SILKBIOTIC collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by SILKBIOTIC is used in particular to process ORDERS placed on the SITE, manage the CLIENT's account, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from SILKBIOTIC.

The CLIENT's data is kept confidential by SILKBIOTIC, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to SILKBIOTIC service providers involved in the ORDER process.

For commercial purposes, SILKBIOTIC may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.

SILKBIOTIC will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting SILKBIOTIC.

SILKBIOTIC may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

As such, the CUSTOMER is invited to consult the SILKBIOTIC Privacy Policy accessible at the following address https://silkbiotic.com/fr/content/donnees-personnelles.html which will give him more information relating to the protection of personal data, and processing carried out via the SITE.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation known as GDPR ), SILKBIOTIC ensures the implementation of the rights of persons concerned.

It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of the information which concerns him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the General European Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs.

The CUSTOMER may exercise his rights by sending an e-mail to the address: contact@silkbiotic.com or by sending a letter to SILKBIOTIC – 1 chemin du Tracollet – 38113 Veurey-Voroize, France.

It is specified that the CLIENT must be able to prove his identity by any means.

Article 17. Complaints

SILKBIOTIC provides the CUSTOMER with a “Customer Telephone Service” at the following number: +33(0)6 09 54 09 68, available Monday to Friday from
9 a.m. to 5 p.m. 

Any written complaint from the CUSTOMER must be sent by e-mail to the address: contact@silkbiotic.com or by sending a letter to SILKBIOTIC – 1 chemin du Tracollet – 38113 Veurey-Voroize, France.

Article 18. Intellectual Property

All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of SILKBIOTIC. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from SILKBIOTIC in writing.

This authorization from SILKBIOTIC will in no case be granted definitively. This link must be removed at the request of SILKBIOTIC.

Hypertext links to the SITE using techniques such as framing or insertion by hypertext links (in-linelinking) are strictly prohibited.

Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the express prior authorization of SILKBIOTIC, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and articles L.713-1 and following of the Intellectual Property Code.

Acceptance of these T&Cs implies recognition by the CLIENT of SILKBIOTIC's intellectual property rights and commitment to respect them.

Article 19. Validity of the General Conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.

All conditions not expressly dealt with herein will be governed in accordance with the usage of the retail sector for individuals, for companies whose registered office is located in France.

Article 20. Modification of the General Conditions

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are dated precisely and may be modified and updated by SILKBIOTIC at any time. The applicable General Conditions are those in force at the time of the ORDER.

Changes to the Terms and Conditions will not apply to products already purchased.

Article 21. Jurisdiction and applicable law

These General Conditions as well as the relations between the CLIENT and SILKBIOTIC are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any appeal to the arbitration or state judge, the CUSTOMER is invited to contact the SILKBIOTIC complaints department.

If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with SILKBIOTIC by a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good faith in order to reach an amicable agreement when any dispute arises relating to this contract, including its validity.

To initiate this mediation, the CLIENT can contact the SILKBIOTIC mediator: the National Association of Mediators (ANM). In accordance with articles of the consumer code L611-1 et seq. and R612-1 et seq., it is provided that for any dispute of a contractual nature relating to the execution of the sales contract and/or the provision of services which could not be resolved in the context of a complaint previously submitted to our customer service, the Consumer may have recourse to mediation free of charge. He will contact the National Association of Mediators (ANM) either by post by writing to 62 rue Tiquetonne 75002 PARIS or by e-mail by completing the online referral form at the following address www.anm-conso.com .

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.

As mediation is not mandatory, the CLIENT or SILKBIOTIC may withdraw from the process at any time.

In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.

 

APPENDIX 1 – WITHDRAWAL POLICY

Principle of withdrawal

Apart from the exceptions listed below, the CUSTOMER has in principle the right to withdraw by returning or returning the product to SILKBIOTIC.

You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.

Withdrawal period

Returns are possible until January 10, 2023 for all your purchases made from November 23, 2022.

In accordance with article L.221-18 of the Consumer Code, and outside the Christmas period, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the product.

If the CLIENT's order relates to several products or if these products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last product.

Notification of the right of withdrawal

To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by the post, e-mail or telephone call) by post to the address SILKBIOTIC Service Retours – 1 chemin du Tracollet – 38113 Veurey-Voroize, France. By phone at +33(0)6 09 54 09 68 or by email at contact@silkbiotic.com.

He can also use the form below:

WITHDRAWAL FORM

For the attention of: SILKBIOTIC Service Returns – 1 chemin du Tracollet – 38113 Veurey-Voroize, France (telephone: +33(0)6 09 54 09 68)

Email address: contact@silkbiotic.com

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:

Product reference: [____________]

Invoice number: [____________]

Purchase order number: [____________]

- Ordered on [____________] / received on [________________]

- Means of payment used: [____________]

- Name of the CLIENT and, if applicable, the beneficiary of the order: [____________]

- CLIENT's address: [____________]

- Delivery address : [____________]

- Signature of the CUSTOMER (except in the case of transmission by email)

- Date

In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CLIENT, SILKBIOTIC undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising from the choice by the CLIENT, where applicable, of a delivery method other than the less expensive standard delivery method offered by SILKBIOTIC) without undue delay and, in any event, no later than fourteen (14) days from the day on which SILKBIOTIC receives the returned product. (Article L.221-24 of the Consumer Code).

SILKBIOTIC will make the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the customer.

SILKBIOTIC is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by SILKBIOTIC.

SILKBIOTIC may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these events.

Administrative costs related to the return of the product to stock as well as costs related to the return of the product when it has remained in the hands of the carrier because it has not been collected by its recipient may be deducted from the total amount of the refund. They may amount to €6.50 including tax.

If the Customer fails to comply with these conditions, in particular the return conditions, SILKBIOTIC will not be able to refund or issue a credit note for the Products concerned.

Return terms

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: SILKBIOTIC Service returns – 1 chemin du Tracollet – 38113 VEUREY VOROIZE

This deadline is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.

Return fees

The CUSTOMER must bear the direct costs of returning the goods.

Condition of the returned item

The product must be returned following the instructions of SILKBIOTIC and include in particular all the accessories delivered. It must be in its original packaging, unopened, unused.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made to the CLIENT's specifications or clearly personalized
  • Supply of goods liable to deteriorate or expire rapidly
  • Supply of sealed audio or video recordings or software that have been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
  • Supply of goods which by their nature are inseparably mixed with other items
  • Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CLIENT after DELIVERY
  • Supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the seller's control
  • Supply of digital content not provided dematerialized if the execution has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
  • Contracts concluded at a public auction

 

APPENDIX 2 - DELIVERY POLICY

Delivery zone

The products offered can only be delivered within the TERRITORY.

It is impossible to place an ORDER for any delivery address located outside this TERRITORY.

The products are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.

delivery time

The deadlines for preparing an ORDER and then establishing the invoice, before shipping the products in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.

An electronic message will be automatically sent to the CUSTOMER when the products are dispatched, provided that the electronic address appearing in the registration form is correct.

Delivery times & costs

During the ordering process, SILKBIOTIC indicates to the CUSTOMER the possible shipping times and formulas for the products purchased.

Shipping costs are calculated based on delivery method and delivery area.

The amount of these costs will be payable by the CLIENT in addition to the price of the products purchased.

Details of delivery times and costs are detailed on the SITE.

DELIVERY terms

The package will be delivered to the CUSTOMER against signature for a package of an amount greater than or equal to €150.

In case of absence, a delivery notice will be left to the CUSTOMER to allow him to pick up his package at his post office.

DELIVERY problems

The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the ORDER.

It is specified that deliveries will be made within eight (8) days maximum. Failing this, the CUSTOMER must give SILKBIOTIC formal notice to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.

SILKBIOTIC will refund, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the products, taxes and delivery costs included, by means of the same method of payment used by the CUSTOMER to purchase the products.

SILKBIOTIC is responsible until the DELIVERY of the product to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.