General terms and conditions of sale
General conditions that apply to 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 of this Agreement, the Parties agree that the following terms shall have the following general meaning:
“Offers and packs”: document specifying the consultations and packs and any ancillary services, chosen by the User and containing information relating to his identity.
“MyBioBioBox Tests & Assessments”: document specifying the tests and assessments and any ancillary services chosen by the User and containing information relating to his identity.
“Contract”: contract concluded by the User, by the subscription, online on the website www.clinique-medecine-fonctionnelle.com or by mail, of 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 to be perfectly informed and accepts that the products and services offered by the company Faculté Francophone de Médecine Intégrée SARL through the website www.clinique-medecine-fonctionnelle.com or otherwise can in no way substitute for a medical consultation. Nor can they be considered a medical prescription.
The information given to the User within the framework of the present Contract can, under no circumstances, neither establish a medical diagnosis concerning the User, nor substitute the consultation of a general practitioner, specialist or health professional.
Faculté Francophone de Médecine Intégrée SARL cannot be held responsible for decisions made by the patient.
Article 3: Description of the Service
The site www.clinique-medecine-fonctionnelle.com allows the User to benefit from the following services:
- Order packs and offers including MyBioBox tests
- Order consultations online
- Booking in-office consultations
Article 4: Obligations of the User
4.1: The User declares to be fully informed and accepts that the results and advice resulting from the consultations and tests are personal and may under no circumstances be used by other people.
4.2: The User undertakes to take part in the consultations and carry out the tests for strictly personal and non-commercial purposes. In particular, it undertakes not to resell all or part of the packs and offers.
4.3: The User undertakes, within the framework of the consultations, to communicate to the service provider exact information and data, not tampered with. In any event, the User is solely responsible for the consequences arising from the quality of the information transmitted during consultations.
4.4: The User undertakes not to use the www.clinique-medecine-fonctionnelle.com site, the MyBioBox tests or consultations for illegal purposes. In particular, it undertakes not to transmit, via the said site, messages that are contrary to public order, morality, and/or comments that are defamatory or likely to infringe the privacy of third parties.
Article 5: Obligations of the Supplier
The Provider is only bound hereunder by an obligation of means, of which the User declares to be fully informed and which he declares to accept unreservedly. Consequently, and by way of example, the Provider can never be liable to the User in the event that the User is not satisfied with the results obtained.
Article 6: Financial Conditions
6.1 : 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.clinique-medecine-fonctionnelle.com or live during office consultations. Only services that have been paid for will be carried out.
6.2.2: The applicable duties and taxes, in particular VAT, will be those in force in Switzerland and/or in the country where the company Faculté Francophone de Médecine Intégrée SARL must make a VAT declaration at the time of invoicing.
Article 7: Liability
7.1 : Responsibility of the User
7.1.1. The User declares to be perfectly informed and accepts that he is solely responsible for the content of the information transmitted and its eventual publication on line, within the framework of the present contract.
7.1.2: The user expressly acknowledges being informed of the fact that the Internet is a network carrying data that may be protected by intellectual property rights or infringe the legal provisions in force.7.1.2 Also, the User shall refrain from transmitting on the Internet any data that is prohibited, illegal, contrary to good morals or public order and that infringes or is likely to infringe the rights of third parties, in particular intellectual property rights.
7.1.3: Users also acknowledge that they are fully aware of the unreliability of the Internet, particularly in terms of the lack of security for data transmission and the failure to guarantee performance in terms of the volume and speed of data transmission. The User is therefore advised not to transmit via the www.clinique-medecine-fonctionnelle.com website any messages and/or information whose confidentiality he or she would like to see guaranteed in an infallible manner.
7.1.4 : In any event, the User undertakes to hold and guarantee the company Faculté Francophone de Médecine Intégrée SARL harmless from any claim, whether voluntary or contentious, which could be directed against it as a result of the User’s behaviour, within the framework of the present Contract.
7.2 : Responsibility of the Supplier
7.2.1: The Supplier undertakes to make its best efforts in order to provide the User with a quality service.
7.2. 2 : It is expressly agreed between the Parties that the Supplier cannot be held liable for any direct and/or consequential damages of any kind that may be caused to the User as a result of : of a use of the packs, offers and consultations by the User not complying with the provisions hereof, with the applicable regulations; of the non respect, by the User, of the indications of realization of the tests appearing in the Instruction Manual given to the User with the sending of the tests of an event whose origin results from an event occurring at the User; of any incident or interruption of the service caused by an incident/failure occurring on the Internet network or on the hardware and software of the Customer or of a third party ; of the content or nature of the data issued by the User; of the bad or incomplete transmission of information, data, or any element of the same nature, of their loss, non-delivery or incomplete delivery; of the difficulties that the User or a third party may encounter in connecting to the Internet network; of the lack of veracity of the information transmitted or received by the User; of 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 Provider cannot guarantee the User protection against unauthorized access to files, data, programs, procedures or information, nor against their modification, misappropriation, loss or destruction, whether intentional or accidental. Consequently, the Supplier shall not be liable for damages of any kind resulting from such events.
Article 8: Prejudice
8.1: In the event that the Provider’s liability is engaged towards the User following a breach of one of its obligations hereunder, the compensation shall apply only to direct, personal and certain damages, to the express exclusion of compensation for all damages or consequential damages, whether they be commercial damages, operating and turnover losses or loss of data.
8.2: In all cases, the Provider’s liability is capped at the amount actually paid by the User for the disputed service and this 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 event giving rise to the claim.
Article 9: Withdrawal period
The user has a period of 14 days in which to exercise his right of withdrawal, provided that the sampling kit for the tests and balances has not been used and the sample of any kind has not been sent. There is no need to give a reason or to pay any penalties, with the exception, where applicable, of the cost of returning the sample collection kit.
The period referred to in the previous paragraph shall run from receipt of the sampling kit.
Article 10: Evolution of the MyBioBox tests
The Supplier may modify at any time the contractual and/or technical conditions for the supply of MyBioBox tests and consultations, without entitling the User to any compensation whatsoever.
The General Terms and Conditions of Sale of the Program are also subject to change. Those applicable to the User are those in force on the day of signature of the Order Form by the User.
In addition, the User declares to be fully informed and accepts that the General Terms and Conditions of Sale are permanently accessible at the following address: www.clinique-medecine-fonctionnelle.com.
Article 11: Intellectual Property
The User acknowledges and accepts that the content of the www.clinique-medecine-fonctionnelle.com site, MyBioBox consultations and tests, including, without this list being exhaustive, the 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 the legislation in force.
The User is not authorized to copy, use, reproduce, distribute or create derivative works from www.clinique-medecine-fonctionnelle.com content and/or MyBioBox tests in any manner whatsoever.
Generally speaking, all elements protected by copyright and more broadly by intellectual property law appearing on www.clinique-medecine-fonctionnelle.com, on the MyBioBox tests and/or in any communication sent by the Supplier to the User (trademarks, logos, other distinctive signs, photos, etc.), shall remain the full and entire property of the company Faculté Francophone de Medecine Intégrée SARL and/or its partners.
Any other use constitutes an infringement and is punishable under the law of Intellectual Property, unless prior written permission of the company Faculté Francophone de Medecine Intégrée SARL and / or its partners.
Article 12: Validity
If one or more provisions of this Agreement is declared null and void pursuant to a law or regulation or following a final decision of a competent court, this provision shall be deemed to be severable from this Agreement. The other provisions of the Contract 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 determined it to enter into the Contract.
Article 13: Applicable Law and Dispute Resolution
This contract is governed by Swiss law. Any dispute will be subject to the exclusive jurisdiction of the competent courts of Lausanne.
Article 14: Notifications
All notifications, observations, requests or claims made by the User within the framework of the present document are only validly made and will therefore only be taken into account if they are made by Registered Letter with a request for Notice of Receipt at the following address: Faculté Francophone de Médecine Intégrée SARL / Route d’Allaman 30 B2 – CH1163 Etoix – Switzerland
For any contact: Thomas Pinon – firstname.lastname@example.org – +352 691 263 304