Terms and Conditions

Definitions

These General Terms and Conditions of Sale (hereinafter the “GTC”) are provided by BIOLEDTHERAPY, a simplified joint-stock company (SAS) with a capital of €5,000, registered with the Trade and Companies Register under No. 895388056, with its registered office at 40 place du Théâtre, Palais de la Bourse, 59800 Lille - FRANCE, Intra-Community VAT No. FR22895388056 (hereinafter “BIOLEDTHERAPY”).

Hereinafter, the following terms shall refer to:

• “Site ”: the website https://bioledtherapy.com and all of its pages.
• “Products ” or “Services”: all products (hardware) and services (offerings) that can be purchased or subscribed to on the Site.
• “ Seller ”: BIOLEDTHERAPY, a legal entity offering its Products or Services on the Site.
• “ Customer ”: the user, whether an individual or a business, who purchases Product(s) or Service(s) on the Site.
• “Consumer,” as defined in the introductory article of the Consumer Code: “any natural person acting for purposes that fall outside the scope of their commercial, industrial, craft, or professional activities.”

Users visiting the Site who are interested in the Products and Services offered by the Seller are encouraged to carefully read these Terms and Conditions, print them, and/or save them in a durable medium before placing an order on the Site.
The Customer acknowledges having read the Terms and Conditions and accepts them in full and without reservation.

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Article 1 - Application of the Terms and Conditions and Purpose of the Website

The Seller reserves the right to modify the Terms and Conditions at any time by publishing a new version of them on the Website. The Terms and Conditions applicable to the Customer are those in effect on the date of the Customer’s order on the Website.
Legal information regarding the Site’s host and publisher, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notices, and the data policy of this Site.
This Site offers the online sale of photobiomodulation devices, creams, and lotions.
Access to the Site is free and open to all Customers. The purchase of a Product or Service implies the Customer’s acceptance of these Terms and Conditions in their entirety, thereby acknowledging that they have fully read and understood them. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance statement for these Terms and Conditions, which may read, for example, “I acknowledge that I have read and accepted all of the Site’s Terms and Conditions.” Checking this box shall be deemed to have the same legal effect as a handwritten signature by the Customer.
Acceptance of these T&C requires that Customers possess the necessary legal capacity to do so. If the Customer is a minor or lacks such legal capacity, they declare that they have the authorization of a guardian, conservator, or legal representative.
The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless able to provide contrary evidence, waives the right to contest them in the event of a dispute.
The Publisher makes available to the Customer, on its Website, a privacy policy specifying all information regarding the use of the Customer’s personal data collected by the Publisher and the rights the Customer has with respect to such personal data. The data privacy policy is part of the Terms and Conditions. Acceptance of these Terms and Conditions therefore implies acceptance of the data privacy policy.

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Article 2 - Creating a Customer Account

Creating a “customer account” is a prerequisite for any order placed by the Customer on this Site. To this end, the Customer will be asked to provide certain personal information, such as their first and last name, email address, mailing address, and phone number, among other details. The Customer agrees to provide accurate information. The Customer is responsible for updating their information. They must therefore notify the Seller immediately in the event of any changes. The Customer is solely responsible for the truthfulness, accuracy, and relevance of the information provided.
Customers registered on the Site may access it by logging in using their credentials (the email address provided during registration and a password) or, alternatively, by using systems such as third-party social media login buttons. The Customer is fully responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If the Customer forgets their password, they may generate a new one. This password ensures the confidentiality of the information contained in the “My Account” section, and the Customer must therefore refrain from sharing or disclosing it to any third party. Otherwise, the Seller shall not be held liable for any unauthorized access to a Customer’s account.
The customer account allows the Customer to view all orders placed on the Site. If the data contained in the customer account section were to be lost as a result of a technical failure or a force majeure event, the Seller shall not be held liable, as this information has no probative value but is provided for informational purposes only. The pages related to the customer account may be freely printed by the Customer who holds the account in question but do not constitute proof in any way; they are for informational purposes only, intended to ensure the Customer’s effective management of their orders or contributions.
Each Customer is free to close their account on the Site. To do so, they must send an email to the Seller indicating that they wish to delete their account. No recovery of their data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these Terms and Conditions (including, but not limited to, when the Customer has knowingly provided incorrect information during registration and the creation of their personal account) or any account that has been inactive for at least one year. Such deletion shall not constitute a breach of contract on the part of the Seller, and the Customer shall not be entitled to any compensation as a result. This exclusion does not preclude the Seller from taking legal action against the Customer where the facts warrant such action.

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Article 3 - Order Placement Procedures and Description of the Purchasing Process

The Products and Services offered are those listed in the catalog published on the Website. These Products and Services are offered while supplies last. Each Product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog provide an accurate representation of the Products and Services offered but do not constitute a contractual commitment, as they cannot guarantee a perfect likeness to the physical Products.
The term “Shopping Cart” as used below refers to the virtual container holding all Products or Services selected by the Website Customer for purchase by clicking on these items. To place an order, the Customer selects the Product(s) they wish to order by adding them to their “Shopping Cart,” the contents of which may be modified at any time.
Once the Customer believes they have selected and added all the Products they wish to purchase to their shopping cart, they may confirm their order by accessing their shopping cart via the designated button. They will then be redirected to a summary page displaying the quantity and details of the ordered Products, as well as their unit price.
If the Customer wishes to confirm their order, they must check the box confirming acceptance of these Terms and Conditions and click the confirmation button. The Customer will then be redirected to a page where they must fill out the order form fields. In this case, they must provide certain personal information necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must include this required information. The Customer may make changes, corrections, or additions, or cancel the order, until it is confirmed.
Once the Customer has completed the form, they will be prompted to make payment using the payment methods listed in the section of these Terms and Conditions regarding payments. Shortly thereafter, the Customer will receive an order confirmation email, summarizing the order details and price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

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Article 4 - Prices and Payment Terms

Unless otherwise stated, the prices listed in the catalog are in euros and include all taxes (TTC), reflecting the VAT rate applicable on the date of the order, and exclude any applicable processing and shipping fees.
BIOLEDTHERAPY reserves the right at any time to modify its prices and to pass on, if applicable, any change in the applicable VAT rate to the price of the Products or Services offered on the Site. However, the price listed in the catalog on the date of the order shall be the only one applicable to the Customer.
The Customer may place an order on this Site and may pay by credit card or bank transfer. Credit card payments are processed via secure transactions provided by an online payment platform provider.
This Site does not have access to any data regarding the Customer’s payment methods. Payment is made directly to the bank or payment service provider receiving the Customer’s payment. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” section of these Terms and Conditions of Sale shall not begin to run until the date of actual receipt of payment by the Seller, who may provide proof thereof by any means. Product availability is indicated on the Website, in the description of each Product.
BIOLEDTHERAPY will archive purchase orders and invoices on a reliable and durable medium constituting a true copy. The parties shall consider the computerized records as proof of communications, orders, payments, and transactions between the parties.

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Article 5 - Deliveries

Shipping costs will be disclosed to the Customer prior to payment. The Website has no geographic restrictions on delivery; orders can be shipped worldwide.
In the event of delivery of a Product outside the territory of the European Union and to French overseas departments and territories, the Customer hereby declares themselves to be the importer of the Product and agrees that, in such cases, the Seller may be physically unable to provide them with accurate information regarding the total amount of costs related to customs duties, formalities, or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if they notice any issue with the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products, etc.); any such issue must then be indicated by the Customer on the delivery slip in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise their right to refuse, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. Failure to comply with these requirements will prevent the Customer from exercising their right to refuse, and the Seller will not be obligated to honor the Customer’s request to exercise this right.
If the Customer’s package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask how to proceed with the order. If the Customer refused the package in error, they may request that it be reshipped by first paying the shipping costs for the new shipment. Postage fees must be paid even for orders for which shipping was free at the time of purchase.
In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Customer is a Consumer and the contract entered into to purchase the Product or Service allows for withdrawal, pursuant to Article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer’s carelessness or improper handling cannot be attributed to the Seller.
Any delay in delivery relative to the date or timeframe indicated to the Consumer Customer at the time of their order or, in the absence of a specified date or timeframe at the time of the order, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request by the Consumer Customer via certified mail with return receipt, if, after having instructed the Seller to make the delivery, the Seller has failed to do so. The Consumer Customer shall then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for the full amount paid. This clause shall not apply if the delay in delivery is due to a force majeure event.

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Article 6 - Right of Withdrawal and Withdrawal Form

In accordance with Article L.221-18 of the French Consumer Code, and if the right of withdrawal applies, the Consumer Customer has a period of fourteen (14) business days from the date of receipt of the Product ordered or from the conclusion of the contract for the provision of services to withdraw from the contract. They must return any Product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of BIOLEDTHERAPY’s receipt of the refund request.
The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to BIOLEDTHERAPY. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by mail.
If the above obligations are not fulfilled, the Customer will lose their right of withdrawal and the Product will be returned to them at their expense.
It is recommended that the Customer return the Product using a method that allows for package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an inquiry with the postal services to request that they locate it.
The refund will be issued using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to allow the Seller to use another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that they have shipped the Product, if such demonstration has not already taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L221-5 of the French Consumer Code (“Hamon Law”) of June 2014, the Consumer Customer may find below a standard withdrawal form for an order placed on the website:

Withdrawal Form

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

To: BIOLEDTHERAPY,
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) listed below:
Ordered on (*)/received on (*):
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only if this form is submitted in paper format):
Date:
(*) Delete as appropriate.

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Article 7 - Exceptions to the Right of Withdrawal

The Site offers the following Products for sale, to which Consumer Customers’ right of withdrawal does not apply, pursuant to Article L.221-28 of the French Consumer Code: creams and lotions.
The Customer acknowledges having read this list, which is provided prior to the sale in these Terms and Conditions.
Services that begin immediately after purchase and are fully performed before the end of the withdrawal period do not allow the Customer to exercise their right of withdrawal if they have expressly waived their right of withdrawal. The right of withdrawal cannot be exercised in connection with the provision of digital content not supplied on a tangible medium where performance has begun before the end of the withdrawal period and the Customer has expressly waived their right of withdrawal.

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Article 8 - Product Warranty

Legal provisions to be reproduced

When invoking the statutory warranty of conformity, the consumer has two years from the date of delivery of the goods to take action; they may choose between repair or replacement of the goods, subject to the cost conditions set forth in Article L.217-9 of the Consumer Code; except for used goods, they are exempt from proving the existence of a lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months as of March 18, 2016.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The consumer may choose to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they are not bound by any warranty; in the event that this warranty is invoked, the buyer has the choice between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. The buyer has a period of two years from the discovery of the defect.
The extension, suspension, or interruption of the statute of limitations may not have the effect of extending the limitation period beyond twenty years from the date the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this website are covered by the following legal warranties, as provided for by the Civil Code;

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Legal Warranty of Conformity

Pursuant to Articles L.217-4 et seq. of the French Consumer Code, the Seller is required to deliver goods that conform to the contract entered into with the Consumer Customer and is liable for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity may be invoked if a defect exists on the day the Product is taken into possession. However, if the defect appears within 24 months of that date (or within 6 months if the order was placed before March 18, 2016, or if the Product is sold secondhand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, “the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity.”
Conversely, after this 24-month period (or 6 months if the order was placed before March 18, 2016, or if the product is sold secondhand), it will be up to the Customer to prove that the defect did indeed exist at the time the Product was taken into possession.
In accordance with Article L.217-9 of the French Consumer Code: “ in the event of a lack of conformity, the buyer may choose between repair and replacement of the item. However, the seller may refuse to comply with the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the item or the significance of the defect. In such a case, the seller is required to proceed, unless impossible, with the option not chosen by the buyer.”

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Legal warranty against hidden defects

Under Articles 1641 through 1649 of the Civil Code, the Customer may invoke the warranty against hidden defects if the defects in question were not apparent at the time of purchase, existed prior to purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use, or impair that use to such an extent that the buyer would not have purchased the Product or would not have purchased it at that price had they known of the defect).
Claims, requests for exchange, or refund for a non-conforming Product must be made by mail or email to the addresses indicated in the site’s legal notices.
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If the Product cannot be exchanged (e.g., obsolete product, out of stock, etc.), the Customer will be refunded the amount of their order by check or bank transfer. The costs associated with the exchange or refund process (including return shipping costs for the Product) are then the responsibility of the Seller.

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Article 9 - General Information on Photobiomodulation

The information on this website regarding photobiomodulation (PBM) is provided for informational purposes only and does not constitute medical advice, a diagnosis, or a treatment recommendation.

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No guarantee of results

BIOLEDTHERAPY does not guarantee any specific results regarding the use of its photobiomodulation products. The effects of PBM can vary significantly from person to person depending on numerous individual factors, such as:

• General health
• Age and physical condition
• Frequency of use
• Individual response to light therapy
• Pre-existing conditions

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Medical consultation required

Only a qualified healthcare professional (doctor, physical therapist, etc.) is authorized to:

• Assess your health
• Make a medical diagnosis
• Recommend an appropriate treatment
• Monitor the progression of your condition

It is essential to consult a healthcare professional before using any photobiomodulation device, especially if you have a medical condition or are undergoing medical treatment.

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Limitations and contraindications

The use of photobiomodulation may be contraindicated in certain situations. PBM devices should not be used:

• Without prior medical advice
• As a substitute for prescribed medication
• On cancerous or suspicious areas
• During pregnancy (unless otherwise advised by a doctor)
• Apply directly to the eyes

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Limited Liability

The user acknowledges that they use BIOLEDTHERAPY products at their own risk. BIOLEDTHERAPY assumes no liability for:

• The lack of expected results
• Adverse effects associated with improper use
• The consequences of use without proper medical supervision
• Damage resulting from failure to follow the instructions for use

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Regulatory Compliance

Our devices comply with current regulations. However, they should be used as part of a wellness regimen and are in no way a substitute for professional medical care.

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Commitment to Quality

BIOLEDTHERAPY is committed to providing high-quality products and appropriate technical support, though it does not guarantee specific therapeutic results.

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Article 10 - Customer Service

Customer service for this Website can be reached by email at the following address: contact@bioledtherapy.com or by mail at the address listed in the legal notice.
BIOLEDTHERAPY also provides its customers with a hotline to answer their questions. The telephone support line can be reached at +33 (0)3 62 02 82 20.

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Article 11 - Liability

BIOLEDTHERAPY shall not be held liable for any failure to perform the contract due to the occurrence of a force majeure event. With respect to the Products purchased, the Seller shall not be liable for any indirect damages arising herefrom, including business interruption, loss of profits, damages, or expenses that may arise.
The selection and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, shall not give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven latent defect, non-conformity, defect, or the exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, pursuant to Article L 221-18 et seq. of the French Consumer Code.
The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. The Site provides the Customer with information for informational purposes only, and may contain imperfections, errors, omissions, inaccuracies, and other ambiguities. In any event, BIOLEDTHERAPY shall in no event be held liable:
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• for any direct or indirect damages, including but not limited to loss of profits, loss of revenue, loss of customers, or loss of data, which may result from the use of the Site or, conversely, from the inability to use it;
• a malfunction, lack of access, misuse, improper configuration of the Customer’s computer, or the use of a browser that is not commonly used by the Customer;
• the content of advertisements and other external links or sources accessible to Customers through the Site.

The photographs and images of the Products displayed on the Site are not binding; therefore, the Seller shall not be held liable if the characteristics of the Products differ from the images on the Site or if such images are inaccurate or incomplete.

Article 11 - Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the permission of their owners.
Any reproduction, display, or adaptation of logos, text, images, or videos—without this list being exhaustive—is strictly prohibited and constitutes infringement.
Any Customer found guilty of infringement may have their account deleted without notice or compensation, and such deletion shall not constitute damages against them, without prejudice to any subsequent legal proceedings against them, initiated by the Seller or its agent.
The trademarks and logos contained on the Site may be registered by BIOLEDTHERAPY or, where applicable, by one of its partners. Any person who reproduces, displays, incorporates, distributes, or rebroadcasts them is subject to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

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Article 12 - Severability of Provisions

If any provision of these Terms and Conditions is found to be illegal, void, or otherwise unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions supersede all prior or contemporaneous agreements, whether written or oral. These Terms and Conditions may not be assigned, transferred, or sublicensed by the Customer.
A printed version of the Terms and Conditions and of any notices given in electronic form may be requested in any judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions must be written in the French language.

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Article 13 - Governing Law and Mediation

These Terms and Conditions are governed by and subject to French law.
Unless otherwise required by public policy, any disputes that may arise in connection with the performance of these Terms and Conditions may, prior to any legal action, be submitted to the Website Publisher for consideration with a view to reaching an amicable settlement.
It is expressly noted that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of these Terms and Conditions shall be subject to the jurisdiction of the courts in the defendant’s place of residence.

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Article 14 – Specific Terms and Conditions for Equipment Rental

For all equipment rentals via the Website, the following terms and conditions apply in addition to the General Terms and Conditions mentioned above:

Scope: These specific terms and conditions govern the equipment rental offered by Bioledtherapy.

Term: The rental is granted for a minimum term of one year, or 12 monthly payments. It is automatically renewable on a month-to-month basis after this initial period. The rental is available only to residents of mainland France.

Price and payment: Pricing details are specified at the time of order. Payment is made via monthly direct debit.

Security deposit: A security deposit is required for each rented item. This deposit is collected via direct debit at the start of the rental period. It will be refunded once the rented item is returned in full to Bioledtherapy, minus the cost of any necessary repairs to the item.

Delivery and Return: Delivery costs are covered by Bioledtherapy. Delivery is made within a maximum of 3 business days from the first direct debit. The customer accepts this condition. Return shipping costs are the responsibility of the customer. The customer must purchase insurance for the return shipment, with a declared value equal to the amount of the security deposit. The shipment must be made with a signature from Bioledtherapy acknowledging receipt of the item.

Failure to Return: In the event of failure to return the item within the specified timeframe, payments will continue until the equipment is actually returned.

Maintenance and Malfunction: Bioledtherapy provides maintenance and replacement of the equipment only in the event of a malfunction not resulting from misuse by the renter or damage caused by an accident, whether intentional or unintentional. Bioledtherapy reserves the right to bill the customer for the cost of repairs in the event of damage to the equipment attributable to the renter.

Transfer of Risk: Upon receipt of the equipment, the lessee is solely responsible for all risks associated with the equipment.

Use and Maintenance of Equipment: The lessee agrees to use the equipment in accordance with its user manual and to ensure its maintenance.

Ownership of Equipment: The equipment remains the exclusive property of Bioledtherapy. Any transfer or sublease without prior consent is prohibited.

Insurance: The lessee must purchase insurance covering loss, theft, and damage to the equipment, as well as their civil liability as the custodian. This insurance must provide for compensation paid to Bioledtherapy as a third-party beneficiary.

Return: The equipment must be returned in its original packaging and in working condition. Any late return will result in additional charges.

Termination: The rental agreement may be terminated at any time by the customer after the minimum one-year period, subject to one month’s notice. To terminate the agreement, the renter must send a registered letter with return receipt requested to the following address: Bioledtherapy
40 place du théâtre, Palais de la bourse
59800 Lille - France

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Article 15 – Customer Acceptance

The Customer acknowledges that they have read, understood, and accepted these General Terms and Conditions of Sale and Rental in their entirety at the time of confirming their order or subscribing to a rental service on the Website.

Consumer Mediation

Pursuant to Article L.612-1 of the French Consumer Code, it is hereby noted that “every consumer has the right to seek the assistance of a consumer mediator free of charge for the purpose of amicably resolving a dispute with a business. To this end, the business guarantees the consumer effective access to a consumer mediation mechanism.”
Accordingly, BIOLEDTHERAPY offers its consumer customers, in the event of disputes that cannot be resolved amicably, the services of a consumer mediator, whose contact information is as follows:

• Mediator at the Médicys-accredited mediation center
• contact@medicys.fr
• http://www.medicys.fr/index.php/consommateurs/

Please note that mediation is not mandatory but is offered solely as a means of resolving disputes without resorting to legal action.

All rights reserved - September 6, 2018