General terms and conditions of sale
General conditions that apply to MyBioBox products and services offered by the company Faculté Francophone de Médecine Intégrée SARL to the exclusion of any other document, unless expressly agreed by the Parties.
Article 1: Definitions
In order to clarify the reading hereof, the Parties agree that the terms below have the following overall meaning:
“Purchase Order”: document specifying the MyBioBox tests and any additional services, chosen by the User and containing information relating to his identity.
“Contract”: contract concluded by the User, by subscribing, online on the website www.mybiobox.com or by mail, to the Order Form, including these General Terms and Conditions.
“User”: any contractor of the company Faculté Francophone de Médecine Intégrée SARL and beneficiary of the services and programs of the said company.
Article 2: Warning
The User declares that he/she is fully informed and accepts that the tests, products and services offered by the Faculté Francophone de Médecine Intégrée SARL via the website www.mybiobox.com or otherwise cannot in any way replace a medical consultation. Nor can they be considered as a medical prescription.
The information given to the User under this Agreement may under no circumstances establish a medical diagnosis concerning him/her or replace consultation with a general practitioner, specialist or health professional.
Faculté Francophone de Médecine Intégrée SARL and MyBioBox SA cannot be held responsible for the decisions taken by the patient.
Article 3: Description of the Service
The MyBioBox.com site allows the User to benefit from the following services:
- Online ordering of MyBioBox tests and products
- Receipt of kits to carry out tests
- Analysis by a partner laboratory of the samples received and sending interpretations on the patient’s personal and secure profile.
Article 4: Obligations of the User
4.1: The User declares that he/she is fully informed and accepts that the test results are personal and may under no circumstances be used by other persons.
4.2: The User undertakes to use the MyBioBox tests for strictly personal and non-commercial purposes. In particular, he undertakes not to resell all or part of the MyBioBox tests
4.3: The User undertakes, within the framework of the MyBioBox tests, to provide the service provider with accurate, unedited information and data. In any case, the User is solely responsible for the consequences resulting from the quality of the information transmitted as part of the MyBioBox tests.
4.4: The User undertakes not to use the www.mybiobox.com website and the MyBioBox tests for illegal purposes. In particular, he undertakes not to transmit, via the said site, messages contrary to public policy, morality, and/or defamatory statements or statements likely to infringe the privacy of third parties.
Article 5: Obligations of the Supplier
The Supplier is only bound by an obligation of means hereunder, of which the User declares that he is fully informed and that he accepts without reservation. Consequently, and by way of example, the Supplier may never be liable to the User in the event that the latter is not satisfied with the results obtained.
Article 6: Financial Conditions
6.1. Rates : The prices are those indicated on the website and any other official sales support and order form published by Faculté Francophone de Médecine Intégrée SARL.
6.2 : Terms of payment
6.2.1: Payments will be made online at www.mybiobox.com Only the services paid for will be carried out.
6.2.2: The applicable duties and taxes, including VAT, will be those in force in Switzerland and/or in the country where the company Faculté Francophone de Médecine Intégrée SARL must file a VAT return at the time of invoicing.
Article 7: Liability
7.1 : Responsibility of the User
7.1.1. : The User declares that he/she is fully informed and accepts that he/she is solely responsible for the content of the information transmitted and for its possible publication online, within the framework of the present contract.
7.1.2: The user expressly acknowledges that he/she is informed that the Internet is a network carrying data that may be protected by intellectual property rights or that may violate current legal provisions. Also, the User undertakes not to transmit on the Internet any prohibited, illegal, immoral or contrary to public morals or order data that infringes or is likely to infringe the rights of third parties, in particular intellectual property rights.
7.1.3: The user also acknowledges that he/she is fully informed of the unreliability of the Internet, particularly in terms of the lack of security in data transmission and the lack of guaranteed performance in terms of volume and speed of data transmission. The User is therefore advised not to transmit via the www.mybiobox.com website any messages and/or information whose confidentiality he would like to see guaranteed in an infallible manner.
7.1.4: In any event, the User undertakes to indemnify and hold the company Faculté Francophone de Médecine Intégrée SARL harmless from any claim, free of charge or contentious, that may be brought against it as a result of the User’s conduct under this Contract.
7.2 : Liability of the Supplier
7.2.1: The Supplier undertakes to make its best efforts to ensure that the User receives a quality service.
7.2.2: It is expressly agreed between the Parties that the Supplier’s liability may not be sought for any damage of any kind, direct and/or consequential, that may be caused to the User as a result of: the use of MyBioBox tests by the User that does not comply with the provisions hereof and with applicable regulations; the User’s failure to comply with the test instructions in the User’s User Manual by sending tests of an event whose origin results from an event that occurred at the User’s premises; any incident or interruption to the service caused by an incident or failure occurring on the Internet network or on the Customer’s or a third party’s hardware and software; the content or nature of the data issued by the User; the incorrect or incomplete transmission of information, data, or any element of the same nature, their loss, non-delivery or incomplete delivery; the difficulties that the User or a third party may encounter in connecting to the Internet network; the lack of truthfulness of the information transmitted or received by the User; any dispute that may oppose the User to third parties.
7.2.3: The Supplier shall implement the security parameters required by law to guarantee the security of medical and computer data. However, the supplier cannot guarantee the User protection against unauthorized access to files, data, programs, procedures or information, or against their modification, misappropriation, loss or destruction, whether voluntary or accidental. Consequently, the Supplier shall not be liable for any damages of any kind resulting from such acts.
Article 8 : Damage
8.1 : In the event that the Supplier is liable to the User for a breach of any of its obligations hereunder, compensation shall apply only to direct, personal and certain damages, with the express exclusion of compensation for any consequential damages, whether commercial, operating and turnover losses or data losses.
8.2 : In all cases, the Supplier’s liability is capped at the amount actually paid by the User for the disputed service for all damages suffered by the User under this contract.
8.3 : By express agreement between the Parties, no legal action or claim of any kind may be brought or made by either Party more than six (6) months after the occurrence of the triggering event.
Article 9: Withdrawal period
The user has 14 days to exercise his right of withdrawal if the sampling kit has not been used and the sample of any kind is not sent. There is no need to give a reason or pay penalties, except, where applicable, for the cost of returning the sampling kit.
The time limit referred to in the previous paragraph shall run from the date of receipt for the sampling kit.
Article 10: Evolution of MyBioBox tests
The Supplier may modify at any time the contractual and/or technical conditions for the supply of MyBioBox tests, without giving the User the right to any compensation, for any reason whatsoever.
The Program’s General Terms and Conditions of Sale are also subject to change. Those applicable to the User are those in force on the day the Purchase Order is signed by the User.
In addition, the User declares that he/she is fully informed and accepts that the General Terms and Conditions of Sale are permanently accessible at the following address: www.mybiobox.com
Article 11: Intellectual Property
The User acknowledges and accepts that the content of the www.mybiobox.com website and MyBioBox tests, including, but not limited to, texts, software, music, sounds, photographs, videos, drawings or other materials contained in the site and/or MyBioBox tests and/or in any communication sent by the Supplier to the User, are protected by intellectual property law or any other right recognised by current legislation.
The User is not authorized to copy, use, reproduce, distribute or create derivative works from the www.mybiobox.com content and/or MyBioBox tests in any way.
In general, all elements protected by copyright and more broadly by intellectual property law appearing on www.mybiobox.com, on the MyBioBox tests and/or in any communication sent by the Supplier to the User (trademarks, logos, other distinctive signs, photos, etc.), will remain the full and entire property of MyBioBox SA and/or its partners.
Any other use constitutes counterfeiting and is punishable under Intellectual Property law, unless prior written authorization is obtained from MyBioBox SA and/or its partners.
Article 12: Validity
If one or more provisions of this Agreement are declared null and void pursuant to a law of a regulation or following a final decision of a competent court, such provision shall be deemed to be severable from this Agreement. The other provisions of the Agreement shall be considered valid and shall remain in force unless one of the parties demonstrates that the cancelled provision is of an essential nature which has determined it to enter into a contract.
Article 13: Applicable Law and Dispute Resolution
This contract is governed by Swiss law. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Lausanne.
Article 14: Notifications
Any notifications, observations, requests or complaints made by the User within the framework of the present contract are not valid and will therefore only be taken into account if they are made by Registered Letter with request for acknowledgement of receipt to the following address: Faculté Francophone de Médecine Intégrée SARL / Le Bas du Rosse B14 – CH1163 Etoix – Switzerland
For any contact: Thomas Pinon – firstname.lastname@example.org – +352 691 263 304