Legal Notice and Terms & Conditions
Legal Notice
Publisher: B.R., incorporated in France as a "société par actions simplifiées", with capital of EUR 735,577.50, having its registered offices at 32 Avenue des Champs Élysées, 75008 Paris (France), registered with the Paris Registry of Trade and Companies under number 24 499 386 753 (hereinafter the "Publisher" or "We" or “Us”).
Hosted by: Salesforce.com, a company having its registered offices at 3 Avenue Octave Gréard 75007 Paris registered with the Paris Registry of Trade and Companies under number 483 993 226, with capital of EUR 37,000
The Site is operated by Biologique Recherche, a company registered in France with the Paris register of trade under the number B 499 386 753 and whose registered office islocated at 32 Avenue des Champs Elysées – 75008 PARIS (the “Company” or “We” or “Us”). For more information, please refer to the “Legal Notice” section of the Site.
- THESE TERMS AND CONDITIONS (“Terms and Conditions”) are divided in tow parts:
- Section 1: the terms of use ("Terms of Use" or “TOU”), which describe how you may: (i) access and use the Company’s website, online platform service and associated webpages, portal, applications, features and content (collectively, the “Site”); and (ii) interact with the Site by (for example) submitting comments, images, videos or any other type of material. By using the Site you confirm that you accept the Terms of Use and that you agree to comply with them;
- Section 2: the general terms ("General Terms"), which set out certain terms and conditions that apply equally to your use of the Site under the Terms of Use and any purchases that you make through the Site under the Terms of Sale, including (for example) where you should direct any complaints and the law that governs these Terms and Conditions.
THE TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“You”) AND THE COMPANY. YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND ITS FUNCTIONALITY AND ANY PURCHASE OR COMMUNICATIONS THAT YOU MAY MAKE THROUGH THE SITE. TERMS AND CONDITIONS YOU PROVIDE HAVE NO LEGAL EFFECT AND DO NOT FORM PART OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
Please note that Company reserves the right to change the Terms and Conditions from time to time, by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). However, the Terms of Sale applicable at the time of your Order will apply to that Order.
In addition, Company may add, modify, or delete any aspect, component, or feature of the Site, but Company is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the TOU. If you do not wish to continue using the Site following the changes to the TOU, you can cancel your agreement to the TOU by cancelling your Account.
Accordingly, please review the Terms and Conditions on a periodic basis to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Site and/or order Goods.
SECTION 1 : TERMS OF USE
1.1 LICENSE GRANT AND RESTRICTIONS
This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the Term specified herein solely for Your personal, private use, conditioned on Your continued compliance with all provisions of this TOU and General Terms (including without limitation any external terms and documentation linked or referenced herein). When using the Site in accordance with the foregoing license, You shall not directly or indirectly (a) use the Site to create or provide, directly or indirectly any service, product, software or documentation that performs substantially the same functionality as the Site or that compete with Company’s business, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, except to the strict extent permitted by applicable law (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, defamatory, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or any equipment, network or software used in operating the Site, or interfere with any third party’s authorized use of the Site, (i) probe, scan, or test the vulnerability of the Site or any systems or network infrastructure connected with the Site, including without limitation by stress testing or penetration testing, (j) copy or otherwise reproduce, republish, re-post, transmit, distribute or re-sell any part of the Site unless expressly permitted to do so in these Terms and Conditions, (k) use the Site by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Site for use within a third-party website or application, (l) collect or harvest any information or data from the Site or Company’s systems or attempt to decipher any transmission to or from the servers running the Site (m) use the Site for unauthorised mass-communication such as “spam” or “junk mailor”, or (n) use the Site in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and we recommend that you use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of these provisions, your right to use the Site will cease immediately and the Company will report any such breach to the relevant law enforcement authorities.
If you wish to place a link to our Site on other sites you may do so only to the home page of this Site and with our prior written permission. Deep linking (i.e. links to specific pages within this Site) requires Company’s additional express written permission.
1.2 USER OBLIGATIONS
In order to register an Account, you must be aged 18 or over. You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site.
In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your use of the Site.
If You access the Site on behalf of any organization, Your organization shall be bound to this TOU and General Terms and be liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.
The Site is not intended for use or access by any individual under the age of thirteen (13) years, and Company does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
1.3 YOUR ACCOUNT
You will be required to register an account to use the Site or certain services or features of the Site (the “Account”) Each registration is for a single user only, unless otherwise expressly agreed by Company. Registration for access to and use of the Site may also require you to provide access credentials, such as a username and a password, or adherence to other access requirements as designated by Company in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of Company, which may be granted or withheld in its sole discretion. You shall immediately notify Company if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials, including in order to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until they are dispatched. If an unauthorised purchase is dispatched before you notify us of the unauthorised nature of the purchase, we will not be responsible, and you should contract the third-party carrier responsible for transporting purchased Goods from our premises to yours (the “Carrier”). Company will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted Account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU and/or General Terms.
1.4 DATA PRIVACY
You understand, acknowledge, and agree that (i) the Site uses cookies, the use of which are governed by our cookies policy, and (ii) the operation of certain features of the Site may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Company’s Privacy Policy, available at https://www.biologique-recherche.com/fr-en/terms-and-conditions-page.html, for a summary of Company’s policies and use practices regarding personally identifiable information.
1.5 ELECTRONIC COMMUNICATIONS
Company may send emails or other electronic messages to You concerning Your use of the Site and/or purchase made by You through the Site, as detailed in these Terms and Conditions. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
1.6 LINKS TO THIRD-PARTY SITES AND SERVICES
Certain services, features, applications, or components made available via the Site are delivered by third-party providers. By using any feature, service, or functionality originating from the Site, You hereby acknowledge and consent that Company may share information and data that You submit or upload to the Site with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to Company’s Privacy Policy.
References or links in the Site to any commercial products or services, or Company’s use or display of any third-party business, firm, corporation, or trade name on the Site, do not constitute endorsement by Company of any such product, service, or entity. Company makes no representation or guarantee whatsoever with respect to third-party products or services.
COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY.
1.7 THIRD-PARTY TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Site. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. You hereby agree that (i) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (ii) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.
1.8 PROPRIETARY RIGHTS
All content included as part of the Site, such as text, designs, graphics, logos, photographs and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are the property of Company or its applicable third-party licensors, and are protected by applicable laws governing intellectual property and proprietary rights. Company reserves all rights in the Site not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Site under this Terms and Conditions or through Your use of the Site. Company does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by these Terms and Conditions.
1.9 FEEDBACK
From time to time, Company may solicit and/or You may voluntarily communicate, submit, or provide feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement regarding the Site and/or any of Company’s products or services (collectively, “Feedback”). In such event, You grant to Company for the duration of protection of the relevant IP right, an irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Company’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this Agreement for any reason.
1.10 NO PROFESSIONAL ADVICE
FThe content and information contained in or made available through the Site are provided for general information purposes only and cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional medical, psychological, therapeutic, health, or nutrition matters. You acknowledge that You are solely responsible and accountable for your decisions, actions, and results regarding personal health, and agree that Company shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Site.
1.11 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) Your violation of this TOU and General Terms, (ii) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, or any act of parasitism or unfair competition and (iii) Your violation of applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting any available defenses.
1.12 DISCLAIMERS
The Site is made available free of charge. Access to the Site is permitted on a temporary basis. Company may suspend, withdraw, discontinue or change all or any part of the Site without notice. Company may update the Site and/or change the content on it at any time.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. COMPANY FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES.
SECTION 2: GENERAL TERMS
2.1 LIABILITY
IF THE COMPANY FAIL TO COMPLY WITH THE TERMS AND CONDITIONS, THE COMPANY IS RESPONSIBLE FOR DIRECT DAMAGES YOU SUFFER.
WE ONLY SUPPLY GOODS TO YOU FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE GOODS FOR ANY COMMERCIAL OR BUSINESS PURPOSES. IN NO EVENT SHALL COMPANY BE LIABLE HEREUNDERFOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DAMAGES WHICH, IN THE AGGREGATE, EXCEED (I) THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO COMPANY IN CONNECTION WITH YOUR ORDER AS SET OUT IN THE RELEVANT CONFIRMATION EMAIL THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS A PARTY’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) DEFECTIVE PRODUCTS UNDER THE FRENCH CIVIL CODE; AND (IV)ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT ITS LIABILITY.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
2.2 TERM, TERMINATION, AND SUSPENSION
These Terms and Conditions takes effect (or re-takes effect) at the moment You first access or use the Site. Company reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others. You may terminate the TOU at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the TOU to You.
If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
i. issue a warning to you;
ii. temporarily or permanently withdraw your right to use the Site;
iii. suspend or terminate your Account;
iv. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs)
v. take further legal action against you; and/or
vi. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
In that case, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Contract.
Upon termination or expiration of the Terms and Conditions for any reason, all licenses granted by Company hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of these terms and Conditions concerning Company’s proprietary rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of these Terms and Conditions for any reason
2.3 ALTERNATIVE DISPUTE RESOLUTION
Pursuant to the applicable provisions of the Consumer Code relating to "Consumer Alternative Dispute Resolution process" L611-1 et seq., we offer consumers an effective access to such alternative dispute resolution program.
The proposed alternative dispute resolution entity is Association des Médiateurs Européens. If we cannot resolve a dispute using our internal complaint handling procedure or if the consumer is not happy with the solution provided by ur internal complaint service and if Consumer's claim is less than one year old, Consumer can address his/her claim to Association des Médiateurs Européens by:
- post at the following address: 11 Pl. Dauphine, 75001 Paris.
- electronically directly at the following address https://www.mediationconso-ame.com/.
In any case, we will:
- let consumers know that it cannot settle the dispute with him/her, and
- give consumers at that time certain information required by law about its alternative dispute resolution (ADR) provider including the contact details of its mediator as provided above.
2.4. GOVERNING LAW AND VENUE
These Terms and Conditions are governed by the laws of France, without reference to its principles of conflict of laws. The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
You may bring any dispute which may arise under these Terms and Conditions to, at your discretion, either the competent court of France, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in within the UK or is an EU Member State or otherwise the competent court of France.
If you are a consumer and are resident in the UK or the European Union and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
2.5. INDEPENDENT CONTRACTORS
The relationship between You and Company under these Terms and Conditions is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
2.6 SEVERABILITY AND WAIVER
If any part of these Terms and Condition is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect to the maximum extent permitted under applicable law.
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
2.7 CONTACT US
If You have any questions, complaints or comments regarding these Terms and Conditions, please contact Company at customerservice.int@mybr.com.
Terms and Conditions last updated 18 May 2022