General terms and conditions

1. SCOPE OF APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (GTCS) define the rules applicable between BIOGANCE and its customers for all orders placed on the www.biogance.fr website .

By ordering from our site, you accept these terms and conditions in full and without reservation.

BIOGANCE reserves the right to update them at any time. In the event of modification, the GCS in force on the date of the order shall apply.

These conditions apply only to private individuals residing in metropolitan France. The prices displayed on the site are exclusively reserved for them.

2. OUR PRODUCTS

All products offered by BIOGANCE comply with current French legislation and respect applicable standards, particularly in terms of animal health, hygiene and safety.

BIOGANCE reserves the right to modify its catalog at any time, without prior notice: this includes adding, updating or removing product references.

3. PRICE

Prices shown on www.biogance.fr are quoted in euros, inclusive of all taxes, and exclude delivery charges.

The total amount indicated when the order is validated includes details of the products selected, any discounts, and the applicable shipping costs. Discount codes are not cumulative and are subject to conditions of use (validity, minimum amount, etc.). It is the customer’s responsibility to check these conditions before use.

BIOGANCE reserves the right to modify its prices at any time, without prior notice. However, products are invoiced on the basis of the price list in force at the time the order is placed.

Payment is due in full at the time of order.

For all orders delivered outside France, customs duties or other local taxes may apply and remain the responsibility of the customer. The customer is invited to check with the relevant authorities in his or her country.

4. ORDERING, VALIDATION AND PROCESSING

To place an order on www.biogance.fr, customers must log in via their account or create one. Once the products have been added to the basket, the customer selects the delivery method, chooses the payment method, and confirms the order by ticking the box “I accept the General Terms and Conditions of Sale” and validating the payment.

The order is considered finalized once payment has been accepted. A confirmation is then sent by e-mail, with a summary order number.

The General Terms and Conditions of Sale can be consulted at any time at the bottom of the site page.

As part of the fight against fraud, BIOGANCE may carry out additional checks. This may include a request for supporting documents. BIOGANCE reserves the right to accept or refuse an order, even after providing the requested documents. In the event of verification, order processing may be delayed by 24 to 48 hours.

BIOGANCE also reserves the right to refuse an order from a customer with whom a dispute is in progress.

Orders are processed from Monday to Friday, subject to product availability.

• All orders placed before 11am (standard delivery) are processed within 48 hours (excluding weekends and public holidays).
• All orders placed before 11am (express) are dispatched the same day (excluding weekends and public holidays).

The customer receives an e-mail confirming shipment. The invoice can be downloaded at any time from the customer area, under the heading “My account > My orders > View invoice”.

In the event of an error in the information entered by the customer (address, name, etc.), BIOGANCE cannot be held responsible for a failed or delayed delivery. In this case, the customer will be responsible for the cost of reshipment.

5. PAYMENT AND SECURITY

Means of payment

Orders can be paid for in the following ways:

For private customers:

• Credit card (Visa, Mastercard, American Express)
• Paypal

For professionals:

• Credit card (Visa, Mastercard, American Express)
• Paypal
• Bank transfer (RIB available on request)
• Cheque (payable to BIOGANCE, to be sent to BIOGANCE – Z.I Anjou Atlantique – 49123 Champtocé-sur-Loire, France)

Orders paid by cheque will only be dispatched once payment has been received and validated. For orders over €150, shipment will only take place once the cheque has cleared. The customer’s name and order number must appear on the back of the cheque. Cheques are held for 7 days, after which time the order is automatically cancelled.

Secure payment

Credit card transactions are completely secure. Your details are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted in clear text. BIOGANCE has no access to your bank details at any time.

For added security, we use 3D Secure (Verified by Visa / MasterCard SecureCode). It enables your bank to verify your identity via an authentication step (code received by SMS, date of birth, password, etc.).

If the 3D Secure authentication fails, the order cannot be finalized.

6. RIGHT OF WITHDRAWAL

In accordance with articles L221-18 to L221-28 of the French Consumer Code, individual customers have 14 calendar days from receipt of their order to exercise their right of withdrawal, without having to justify their decision.

To exercise this right, the customer may inform BIOGANCE of his decision by any clear and unambiguous written means (email, letter or form available on request). Once the request has been made, the customer has a further 14 days to return the products.

Return shipping costs are at the customer’s expense.

Products must be returned complete, in their original condition (unused), with packaging, accessories and instructions. Damaged, soiled or incomplete products will not be refunded.

Exceptions to the right of withdrawal

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products that have been opened after delivery and cannot be returned for reasons of hygiene or health protection (in particular animal care and cosmetic products).

BIOGANCE will reimburse the amount paid for the products concerned as well as the standard delivery costs (excluding express options), at the latest within 14 days following the recovery of the products or proof of their dispatch. Refunds will be made by the same method of payment used at the time of purchase.

The customer may be held liable in the event of depreciation of the product resulting from handling other than that necessary to ensure its nature, characteristics and proper functioning.

Withdrawal form
Sample withdrawal form.
You can use it, but it’s not compulsory.

(Please complete and return this form only if you wish to withdraw from the contract)

– To: Biogance, Zone Industrielle Anjou Atlantique, 49123 Champtocé-sur-Loire, France or by e-mail to info@biogance.fr

– I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) listed below:

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only in the case of notification of this form on paper)

– Date

_______________

(*) Delete as appropriate.

 

7. RETENTION OF TITLE

In accordance with article 2367 of the French Civil Code, BIOGANCE remains the owner of the products delivered until full and effective payment of their price, including costs.

Until full payment has been received, the customer undertakes not to resell, transform, pledge or transfer the products in any way whatsoever. In the event of non-payment, BIOGANCE reserves the right to reclaim the products.

Payment is only considered to have been made once the sums due have been credited to BIOGANCE’s account.

8. DELIVERY

Delivery zone

Orders are delivered to the address indicated by the customer at the time of ordering, in mainland France, Corsica, Germany, Belgium, Switzerland, Spain, Italy, Portugal, Luxembourg and the United Kingdom.

Modes and carriers

BIOGANCE works with La Poste (Colissimo) to ensure fast, reliable delivery.

Express delivery is not available for orders over 30 kg.

Fees and conditions

Delivery costs are calculated according to the total amount of the order and the weight and volume of the items. The exact amount is indicated before the order is confirmed.

Deadlines

Delivery times are indicated in the following table. The delivery deadline is indicated on the invoice or delivery note.

Summary of delivery terms

	Order < at €39			Order > at €39 and < at €59			Order > at €59
Delivery mode	Standard Point Withdrawal	Home Standard	Domicile Express	Standard Point Withdrawal	Home Standard	Home express	Standard Point Withdrawal	Home Standard	Domicile Express
Delivery time	2 to 3 working days	2 to 4 working days	The next day*	2 to 3 working days	2 to 4 working days	The next day*	2 to 3 working days	2 to 4 working days	The next day*
Shipping costs	Withdrawal points: €5.90	6,90€	15.90 €	OFFER	6,90€	15.90 €	OFFER	2,90€	9,90 €

* Express orders must be placed before 11am for next-day delivery.

 

Receipt of order

As soon as the order is picked up by the carrier, a tracking number is sent to the customer. It is available directly in the “My account > My orders” area on www.biogance.fr, as well as via a tracking link sent by e-mail.

Relay point delivery

The parcel is delivered to the relay point selected by the customer, and remains available for 10 days. A reminder by e-mail or SMS is sent after 5 days if the parcel has not been collected.

Home delivery

Home deliveries are made from Monday to Friday (excluding public holidays) to the address given by the customer when placing the order.

Some addresses cannot be delivered to (post office boxes, military zones, places difficult to identify). It is therefore important to indicate any information useful for delivery: access code, floor, house color, name on the intercom, etc.

In the event of absence at the time of delivery, the parcel may be :

• dropped off at the nearest post office or relay (address indicated on the calling card);
• returned to BIOGANCE after 10 days without withdrawal.

Packages not collected within the time limit will be returned to BIOGANCE. In this case, reshipment costs will be charged to the customer.

Please note: Carriers are not authorized to leave the parcel with a third party (janitor, neighbor, etc.) without explicit consent.

 

 

Delivery problems

On receipt of the parcel, if it is visibly damaged, the customer is invited to refuse delivery and immediately inform BIOGANCE Customer Service, which can be contacted Monday to Friday from 9am to 12.30pm and from 1.30pm to 4pm on 02 41 73 15 15 or by e-mail at info@biogance.fr.

In case of doubt, the customer can also accept the parcel by making precise and dated reservations on the delivery note (e.g.: “crushed parcel”, “missing product”, etc.).

For any problem noted after receipt (missing product, reference error, non-conforming product, etc.), the customer has 48 hours from delivery to report the anomaly to customer service. After this time, no claim can be taken into account.

In the event of a transport dispute, an investigation may be opened with the carrier. This procedure may take up to 21 working days.

Force majeure

BIOGANCE shall not be held liable for any delay or failure in performance (including delivery) in the event of an event beyond its control, qualified as force majeure within the meaning of article 1218 of the French Civil Code.

In particular, the following are considered to be cases of force majeure: natural disasters, fires, floods, strikes (total or partial), blockages of means of transport or supply, network or system failures, or any other situation making it impossible or excessively difficult to perform the contract.

In these situations, BIOGANCE’s obligations are suspended for the duration of the event. If the situation of force majeure continues beyond 30 days, either party may terminate the order concerned without compensation.

9. LEGAL WARRANTIES

In accordance with the legal provisions in force, all products sold by BIOGANCE benefit from two legal guarantees:

• the guarantee of conformity (articles L217-1 to L217-32 of the French Consumer Code),
• warranty against hidden defects (articles 1641 to 1649 of the French Civil Code).

🔹 Legal warranty of conformity

In the event of a non-conforming product (defective or not corresponding to the order), the customer may request a replacement or refund, free of charge.

• The customer has 2 years from receipt of the product to make use of this warranty.
• No proof of defect is required for the first 12 months after delivery (except for used goods).

This warranty applies independently of any commercial warranty.

🔹 Legal warranty against hidden defects

If the product has a defect that renders its use impossible or significantly altered, the customer may invoke the warranty against hidden defects within 2 years of discovery of the defect.

He may request :

• or a full refund upon return of the product,
• or a price reduction if the product is kept (article 1644 of the French Civil Code).

Conditions of use

For any request related to these guarantees, the customer can contact BIOGANCE customer service and return the products with proof of purchase. Return shipping costs will be reimbursed if the warranty is accepted.

These guarantees do not affect the right of withdrawal provided for in article 6.

10. APPLICABLE LAW AND LANGUAGE OF THE CONTRACT

These General Terms and Conditions of Sale are governed by French law.

In the event of translation, only the French version shall prevail.

11. CLAIMS AND DISPUTE RESOLUTION

For any complaint, the customer may contact our customer service department at the following address:
BIOGANCE – Z.I Anjou Atlantique, 49123 Champtocé-sur-Loire
Or by e-mail to: info@biogance.fr

In accordance with articles L612-1 et seq. of the French Consumer Code, in the event of a dispute that remains unresolved after contacting our customer service department, the customer has the option of free recourse to a mediation service.

BIOGANCE adheres to the service of the Mediator of the e-commerce of the FEVAD (Federation of the e-commerce and the remote sale), whose coordinates are the following ones:
Médiateur de la consommation FEVAD
BP 20015 – 75362 Paris CEDEX 8
www.mediateurfevad.fr

Before contacting the mediator, you must first contact our customer service department in writing.

The customer can also use the European online dispute resolution platform (ODR) available here: https: //ec.europa.eu/consumers/odr/

If mediation or an amicable solution fails, the dispute will be brought before the competent French courts, in accordance with the applicable legal rules.

12. PERSONAL DATA (RGPD)

BIOGANCE collects and processes its customers’ personal data in compliance with Regulation (EU) 2016/679 of April 27, 2016, known as the RGPD, and the amended Data Protection Act.

The information collected is used solely for order management, customer relations, commercial communication (if accepted), or to meet legal obligations.

Your rights

The customer has the following rights to his data at any time:

• Right of access, rectification, opposition, deletion,
• Right to restrict processing,
• Right to data portability.

These rights can be exercised :

• by post: BIOGANCE – Z.I Anjou Atlantique, 49123 Champtocé-sur-Loire, France
• by e-mail: info@biogance.fr

The request must specify the subject, the customer’s full contact details, and be accompanied by proof of identity. A reply will be given within a maximum of 1 month, extendable to 2 months if necessary for complex requests.

Marketing communication

The customer may unsubscribe from communications (newsletter, offers, SMS) at any time:

• via your customer account in the “My Account” section;
• or directly by clicking on the unsubscribe links in each e-mail/SMS ;
• or by contacting BIOGANCE by e-mail or post.

 

13. COLD CALLING

BIOGANCE does not engage in telephone canvassing.

In accordance with article L.223-2 of the French Consumer Code, customers are informed that they may oppose any telephone canvassing by registering free of charge on the BLOCTEL opposition list, available at the following address: www.bloctel.gouv.fr

This registration enables you to stop receiving unsolicited commercial calls from companies with which you have no current contractual relationship.

14. BIOGANCE COMPANY DETAILS

Head office of BIOGANCE
Z.I Anjou Atlantique
49123 Champtocé sur Loire FRANCE

505 166 892 R.C.S ANGERS
TVA intracommunautaire : FR505166892
Share capital: €100,200

Contact BIOGANCE customer service:
By post: BIOGANCE
Z.I Anjou Atlantique – F-49123 Champtocé sur Loire

By e-mail: using the contact form or on info@biogance.fr

Via the customer account: in the “Write to BIOGANCE” section

 

APPENDIX – Legal warranties

In accordance with the provisions of the Consumer Code and the Civil Code, all products sold by BIOGANCE benefit from two legal guarantees:

1. the legal warranty of conformity,
2. the legal warranty against hidden defects.

1. Legal warranty of conformity

(Articles L.217-1 to L.217-32 of the French Consumer Code)

This warranty applies to new products delivered to the consumer.

The consumer:

• has a period of two (2) years from the date of delivery of the goods to take action;
• has no proof to provide for 12 months following delivery (except for used goods);
• may choose between repairing or replacing the non-conforming product (unless this is impossible or the cost is manifestly disproportionate, in accordance with L.217-12);
• is entitled to compliance within a maximum of 30 days, free of charge and without any major inconvenience;
• benefits from a 6-month extension if the item is repaired;
• benefits from a new period of 2 years if the good is replaced by a new product;
• may request a price reduction or cancellation of the sale:
  • if repair or replacement is impossible ;
  • if not done within 30 days;
  • or if it causes him major inconvenience.

Throughout the warranty period, the professional is also obliged to provide any updates required to maintain the product’s conformity (particularly for connected goods or related digital services).

The consumer does not have to ask for prior compliance if the defect is so serious as to justify immediate cancellation or price reduction.

2. Legal warranty against hidden defects

(Articles 1641 to 1649 of the French Civil Code)

This warranty covers defects which are not apparent at the time of purchase, but which render the product unfit for use or significantly reduce its usefulness.

The consumer has :

• a period of two (2) years from the discovery of the defect to take action;
• a choice between two solutions:
  • cancellation of the sale with full reimbursement in exchange for the return of the product;
  • or a price reduction if the product is kept.

Reference texts

• Article L.217-3 of the French Consumer Code: obligation to deliver a conforming good
• Articles L.217-7 and L.217-13: presumption of conformity, duration of action
• Articles L.217-8 to L.217-17: rights to repair, replacement, reduction or rescission
• Article L.241-5: Penalties for professionals acting in bad faith
• Articles 1641 to 1649 of the French Civil Code: warranty against hidden defects
• Article 1648 al. 1: limitation period of 2 years from discovery of the defect

In a nutshell:

These legal warranties apply automatically, free of charge, and independently of any commercial warranties that may be offered.