GENERAL TERMS AND CONDITIONS OF SALE OF AMINOGRAM

ARTICLE 01 - ACCEPTANCE

Placing an order implies full and unconditional acceptance of these general terms and conditions of sale, excluding any other document such as brochures or catalogs, which are purely indicative.

No special condition may prevail over these general conditions without the formal and written agreement of Sas AMINOGRAM.

For individual customers, the GTC must be provided before the conclusion of the contract.
For professional customers, they are available upon request and must be accepted before any transaction.

Any contrary clause proposed by the buyer will be unenforceable against Sas AMINOGRAM unless expressly accepted. In the event of a contradiction between these general terms and specific conditions agreed between the parties, the specific conditions will prevail.

We reserve the right to refuse any order that does not comply with our current pricing, commercial policy, or the general safety obligation outlined in Article L221-1 of the Consumer Code.

ARTICLE 02 - PURPOSE OF THE SALE

This contract covers the sale of products, equipment, software, and services, as well as the supply of all our devices and accessories.

ARTICLE 03 - OFFERS

Our offers are valid for a period of 30 days, unless otherwise agreed in writing.

ARTICLE 04 - CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED

In accordance with Article L.111-1 of the Consumer Code, the database of Sas AMINOGRAM, accessible at www.aminogram.com and www.shopnutrisvelt.com, allows the customer to know the main characteristics of the ordered goods and services before concluding the contract.

These characteristics include dimensions, technical specifications, and quantity. Photographs illustrating the products or services in our catalogs and on our website are for indicative purposes only and are not contractual. Any substantial modification of the products will be communicated to the customer before shipment. Additionally, Sas AMINOGRAM reserves the right to modify certain product details without prior notice in order to improve their quality.

ARTICLE 05 - COMMITMENT

The acceptance of the order is considered full and final upon validation of the quotation, mainly carried out online, by email, or by postal mail. This acceptance also applies to all business-to-business orders.

ARTICLE 06 - PERSONAL INFORMATION

By placing an order, the customer agrees to be contacted by AMINOGRAM for software updates, new products, training, or webinars. The customer may unsubscribe at any time by following the instructions in our communications or by contacting our customer service.

AMINOGRAM reserves the right to publish the customer's contact details in the relevant section of its website. However, the customer may object to this publication at any time by sending an email to contact@aminogram.com.

The customer may also receive invitations for training or webinars related to the education and use of the tool or any other software offered by AMINOGRAM.

In compliance with Law No. 78-17 of January 6, 1978, this data is processed in accordance with current regulations. All details concerning the processing of personal data are provided in our privacy policy on our website.

ARTICLE 07 - PRICES

Prices are expressed in euros and include the applicable VAT in France for B2C and B2B sales unless otherwise stated. The agreed prices are ex-factory or store, excluding transport, assembly, and insurance costs. Prices are valid for a period of 30 days.

The sale price of a product may change at any time due to an unexpected increase in VAT or a rise of more than 10% in the cost of raw materials used in manufacturing. Any modification will be notified to the customer before order validation.

For customers located in the DOM-TOM, transport, assembly, and insurance costs are borne by the customer.

For customers within the European Union with an intra-community VAT number, this number must be provided at the time of purchase. If the customer does not provide it, an amended invoice cannot be issued later.

For customers outside the European Union, orders will be invoiced excluding taxes (HT). The customer is responsible for paying any applicable import taxes and customs duties in their country. They must also ensure that their country allows the importation of the products, particularly in the case of medical devices requiring prior registration.

ARTICLE 08 - ORDER CONFIRMATION

Orders must be sent to AMINOGRAM's headquarters at 96 Voie Atlas, 13600 La Ciotat, France, or by email to contact@aminogram.com.

The customer accepts our written or verbal order confirmation unless they dispute its content by registered letter with acknowledgment of receipt within three days of receiving said confirmation.

AMINOGRAM reserves the right to refuse to register any order that it considers suspicious or doubtful.

No modification, total or partial cancellation of a confirmed order will be accepted without prior written agreement from AMINOGRAM.

ARTICLE 09 - RIGHT OF WITHDRAWAL

The customer is informed that they lose their right of withdrawal and that it cannot be exercised in the following cases:

Sales for professional purposes: AMINOGRAM sells its equipment and services strictly to professionals. Therefore, when the sale is made for professional use, the right of withdrawal does not apply under the Consumer Code.
Supply of digital content and software licenses: The sale of digital content and software licenses with a unique code (serial number) does not allow the right of withdrawal, according to Article L121-21-8 of the Consumer Code.
Provision of services: In the case of services such as web access, hosting, software, or training, the right of withdrawal does not apply when:
- The services have been fully performed before the end of the withdrawal period.
- The execution of the service has started with the express agreement of the consumer and their waiver of the right of withdrawal.

ARTICLE 10 - FORCE MAJEURE

In the event of force majeure, as defined in these general conditions, AMINOGRAM is released from its contractual obligations to the customer.

Force majeure includes any event beyond our control that makes it impossible to fulfill obligations within the agreed timeframe, such as:

Fires, strikes, riots, revolts, or pandemics.
Government decisions preventing or hindering deliveries.
Failure of suppliers to deliver under agreed conditions.
Water damage, interruption of business activities (ours or our suppliers’).

These events, whether in France or abroad, justify the suspension or cancellation of commitments without compensation.

ARTICLE 11 - PAYMENT TERMS

The payment for goods and services must be made in full at the time of order, unless otherwise agreed in writing.

For customers outside France: Advance payment may be required.
Late payment: Any delay, even partial, will automatically generate penalties, calculated on the amounts due at a rate equal to the European Central Bank rate +7%.
If payment is not made within 30 days: A 1% monthly interest will apply, along with a 15% indemnity of the total amount.
If the customer fails to pay: All outstanding balances become immediately due, and deliveries are suspended.

ARTICLE 12 - DELIVERY TIMES

Products are shipped from our warehouse. Unless expressly agreed otherwise, delivery times are indicative and not guaranteed.

In case of force majeure (natural disasters, conflicts, etc.), AMINOGRAM is exempt from its delivery obligation.
The customer is responsible for checking the condition of the goods upon receipt.
If there is any damage, it must be reported to the carrier by registered letter within 3 days.

ARTICLE 13 - RETENTION OF OWNERSHIP

Sas AMINOGRAM retains full ownership of the sold products until full payment has been made, including the principal amount, fees, and taxes.

The customer assumes all transport risks once they take possession of the goods.
In case of total or partial non-payment, the customer agrees to return the goods upon formal notice.
If the goods are seized, the customer must immediately inform AMINOGRAM so that it can assert its rights within the legal timeframe.

ARTICLE 14 - SOFTWARE LICENSES

The software licenses marketed by AMINOGRAM are personalized and non-transferable.

Each license is assigned to a specific user and cannot be transferred to another person or entity.
To acquire additional licenses, specific fees will apply, which will be communicated before purchase.
The customer is responsible for GDPR compliance and for adhering to current regulations when using the software.

ARTICLE 15 - TECHNICAL SUPPORT AND TRAINING

AMINOGRAM offers technical support and training for its products and services.

For technical issues with BIODY XPERT ZM and BIODY COACH ZM devices, support is available at +(33) 4 42 72 66 03.
The first training session is included with the purchase.
If the customer fails to attend the scheduled training, it will be considered as completed and cannot be rescheduled without additional costs.

ARTICLE 16 - ASSEMBLY

When required, the assembly of the equipment will be the customer’s responsibility and expense.

ARTICLE 17 - WARRANTY AND AFTER-SALES SERVICE

New equipment sold by AMINOGRAM is guaranteed against manufacturing defects under the following conditions:

2-year warranty, including transport and spare parts (excluding the battery).
The warranty covers repair or replacement of defective equipment, but the customer must return it to AMINOGRAM at their own expense.
Warranty exclusions:
- Improper use or incorrect installation.
- Normal wear and tear of parts.
- Damage due to electrical failures or power surges.
- Repairs by unauthorized third parties.
- Non-payment by the customer.

ARTICLE 18 - SERVICE INTERRUPTIONS

AMINOGRAM commits to providing quality service but does not guarantee uninterrupted availability.

Temporary interruptions may occur due to maintenance or updates.
Some services rely on third-party providers, and AMINOGRAM is not responsible for failures in external APIs.
The customer must back up their data to avoid losses due to service interruptions.

ARTICLE 19 - EXPORTATION

The export of products is prohibited without prior authorization, which must be requested for each shipment.

ARTICLE 20 - FEES

All costs related to collections, lawyers, or legal proceedings to demand payment will be borne by the customer.

ARTICLE 21 - RESALE