Professional General Terms of Sale

1. About the Company

BIO HABITAT, a public limited company (SA) with share capital of €12,922,640.00, having its registered office at Rue Charles Tellier – ZI La Folie Sud in 85036 LA CHAIZE LE VICOMTE (France), registered with the RCS LA ROCHE-SUR-YON under number 511 239 915 (hereinafter “Bio Habitat”). 
Email address: info@mobilhome-services.com
Telephone: +33 (0)2 28 14 03 33

2. About the website

www.mobilhome-services.com (hereinafter the “Site”),
Publisher: Mr. Patrick MAHE, Managing Director.
Editor of the Site: PBA FBO TECH, SAS with a share capital of €1,000,000.00, having its registered office at 163 Boulevard Louis Blanc, 85000 LA ROCHE-SUR-YON (France), registered with the Register of Trade and Companies of LA ROCHE-SUR-YON under number 922 569 751.

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ARTICLE 1 – PURPOSE AND SCOPE

These general terms of sale (hereinafter the “GTC”) apply to orders for products, such as spare parts in particular, sold on the Site (hereinafter the “products”), between Bio Habitat and any legal entity considered as a “professional” for the purposes of the applicable legislation (hereinafter the “customer”).

ARTICLE 2 – ORDERS

Any order for products on the Site placed by the customer entails, by operation of law, acceptance of the GTC.
You can order the products on the Site by creating a customer account if you have never placed an order on our Site, or by signing in to your customer account if you already have one.
Any order for products on the Site entails, by operation of law, acceptance of the prices and description of the products.
Any order is deemed final only after Bio Habitat expressly confirms it by email and after the payment is accepted by the bank’s internet server.
You will then receive a summary email of your order at the email address you provided in your customer account.

ARTICLE 3 – PRODUCT FEATURES AND AVAILABILITY

3.1. Product characteristics

The characteristics of the products offered for sale are presented in the Product sheet description. Photographs illustrating the products in support of the text do not fall within the contractual scope. They are for guidance only and cannot be considered as firm offers.
The products are offered within the limits of available stock. If the products were not available after you placed your order, we will inform you by email within the shortest possible time. We will then offer you products of equivalent quality and at an equivalent price.
In the absence of an offer of products of equivalent quality and price, you may then cancel or modify your order.

3.2. Product availability

From the time they are first put on the market, the parts indispensable for using the products will be available on the market for:

• 2 years for decorative parts
• 5 years for technical parts related to the accommodation (spare parts or equivalent products)
• 10 years for safety parts related to the automotive, gas and electricity components.

ARTICLE 4 – FINANCIAL PROVISIONS

4.1. Product prices

Product prices are shown on the Site in euros excluding VAT, with shipping costs excluded. The product prices on the Site are freely set by Bio Habitat, which reserves the right to modify them at any time. The products will be invoiced to the customer based on the rates in effect on the Site at the time the order is recorded. Shipping costs are specified in the customer’s final basket, before validation of the order and in Article 7.1 of these GTC.
All invoices are sent to the customer by postal mail after delivery of the product(s) and are payable at Bio Habitat’s registered office - Rue Charles Tellier, ZI La Folie Sud in LA CHAIZE LE VICOMTE (85036). No discount is granted for any early payment.
Payment of invoices is made:

• By bank transfer within thirty (30) days at end of month for customers established in mainland France
• In full before delivery for customers outside mainland France.

4.2. Late payment and payment default

Any amount not paid by the due date shall automatically and without any prior notice entail payment (i) of late-payment penalties at a rate equal to three (3) times the current statutory interest rate, and (ii) a flat-rate compensation for recovery costs in the amount of forty euros (€40), as well as the forfeiture of all payment terms.
Bio Habitat reserves the right to refuse or cancel any order from a customer in the event of payment default by that customer of a prior order.

ARTICLE 5 – TRANSPORT – DELIVERY – RECEIPT

Deliveries are made only in mainland France and in the territory of the European Union.

5.1. Delivery timeframes and shipping costs

Our delivery timeframes are set depending on the availability of products in stock:

• Products in stock: 1 month from Bio Habitat’s recording of your order
• Products not in stock: 2 months from Bio Habitat’s recording of your order.

Delivery timeframes are provided for information only; in no event may a delivery delay give rise to damages or order cancellation.
It is the customer’s responsibility to make the necessary reservations and to exercise any possible claims against the carriers. The same applies to all customs, unloading, unpacking, and setup operations.

Transport costs are determined based on the order amount in euros excluding VAT as follows:

Country	less than €50	between €50 and €300	more than €300
France	€12	€	0 €
Germany	€22	€29	€47
Austria	€22	€29	€47
Belgium	€22	€29	€47
Bulgaria	€25	€32	€52
Croatia	€25	€32	€52
Denmark	€23	€30	€48
Spain	€22	€29	€47
Estonia	€25	€32	€52
Finland	€25	€32	€52
Greece	€25	€32	€52
Hungary	€23	€30	€48
Ireland	€23	€30	€48
Italy	€22	€29	€47
Latvia	€25	€32	€52
Lithuania	€25	€32	€52
Luxembourg	€22	€29	€47
Netherlands	€22	€29	€47
Poland	€23	€30	€48
Portugal	€23	€30	€48
Czech Republic	€23	€30	€48
Romania	€25	€32	€52
Slovakia	€23	€30	€48
Slovenia	€23	€30	€48
Sweden	€25	€32	€52

 

5.2. Receipt

The customer must receive the products within three (3) business days following their delivery.
The customer must perform, or have performed by a competent person, any technical tests and checks making it possible to detect, identify or reveal that the products are not compliant with their technical specifications or any defect in these products.
Failing a reasoned and detailed complaint by the customer within the aforementioned three (3) day deadline, the customer will be time-barred and may not invoke the existence of non-compliance or a defect except in their capacity as a specialist, which they were in a position to detect.

5.3. Delivery of a damaged package or Product

Damage to a package or to a Product must give rise to a complaint within three (3) days following delivery of the Product. Any complaint regarding the products must be sent, specifying the name of your company, its registered office, an email address, the delivery note number and the product references, by :

• Postal mail: BIO HABITAT CUSTOMER SERVICE - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE
• Email : info@mobilhome-services.com

Any complaint made outside the above-mentioned deadlines cannot be accepted.

ARTICLE 6 – WARRANTY – TELEPHONE SUPPORT

The products are guaranteed for a period of two (2) years from their delivery date, in accordance with the warranty against hidden defects (Articles 1641 and seq. of the French Civil Code).
Subject to the validation of a hidden defect by Bio Habitat, the customer may choose between repair or replacement of the product(s), and the return costs will be reimbursed to the customer.
Damage resulting from the customer’s or a third party’s actions, improper use or mishandling of a Product is excluded from the warranty.
Any complaint regarding the products must be sent, specifying the name of your company, the address of its registered office, an email address, the delivery note number and the product references, by :

• Postal mail by registered letter with acknowledgment of receipt: BIO HABITAT CUSTOMER SERVICE - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ; or
• Email with acknowledgment of receipt and read receipt: info@mobilhome-services.com,

Any complaint made outside the above-mentioned deadlines cannot be accepted.

The defective product must be returned to the address indicated above in its original condition, including its accessories, within fourteen (14) days following the date of the complaint.
During the warranty period, Bio Habitat makes telephone assistance available to the customer, open from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m., Monday to Friday at +33 (0)2.28.14.03.33.

ARTICLE 7 – LIMITATION OF LIABILITY

The products offered comply with the applicable French legislation and with standards applicable in France.
The photographs, texts and graphics illustrating the products presented are not contractual. Accordingly, Bio Habitat’s liability cannot be engaged in the event of any error or omission in any of these photographs, texts or graphics illustrating these products.
Before ordering a product, the customer must check whether this Product is compatible with their needs.
Bio Habitat assumes no responsibility resulting from indirect harm, regardless of its source, such as labor costs or travel expenses, penalties, storage costs, delays or failure to carry out work. Bio Habitat also disclaims any liability for any incident or damage caused by the products it markets after modification or handling by third parties.
In addition, Bio Habitat cannot be held liable in the event of non-performance or improper performance of the contract due either to an insurmountable and unforeseeable event attributable to a third party to the contract, or to a case of force majeure.

ARTICLE 8 – TRANSFER OF RISKS

The transfer of the risks of loss or deterioration of the products is simultaneous with Bio Habitat’s handover of the products to the carrier.

ARTICLE 9 – RESERVATION OF OWNERSHIP

In accordance with Law No. 80-335 of 12 May 1980, Bio Habitat reserves ownership of the delivered products until the customer has fully received and paid the entire amount of their price. Any clause to the contrary is deemed unwritten.
In the event of total or partial non-payment of the price on the due date, for any reason whatsoever, Bio Habitat may require by operation of law and without formality the return of the products at the customer’s risks and exclusive costs. The customer also undertakes not to transform, incorporate or pledge the products sold until they have fully paid the price, except with Bio Habitat’s prior express written authorization.
The provisions above do not prevent the transfer to the customer of the risks of loss or deterioration of the products, as well as of the damages they could suffer, in accordance with the provisions of Article 9 “Limitation of liability” above.

ARTICLE 10 – FORCE MAJEURE

Bio Habitat’s liability cannot be engaged in the event of non-performance or improper performance of the contract due either to an insurmountable and unforeseeable event attributable to a third party to the contract, or to a case of force majeure.

ARTICLE 11 – PERSONAL DATA

You are informed and you accept that your personal data may be collected on the Site and used by Bio Habitat, which acts as data controller, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”).
Your personal data, such as in particular your identity, postal address, telephone number and email address, are used only with your consent. Your personal data are collected by Bio Habitat and processed only by it, for the following purposes:

• Managing your order ;
• Information relating to offers and commercial information in connection with Bio Habitat ;
• Strengthening and improving communication of the Site and Bio Habitat by sending, in particular, newsletters and special offers according to your preferences, as observed on the Site ;
• Improving and personalizing the services offered to customers ;
• Complying with legal and regulatory obligations.

Your personal data are retained :

• In the absence of an order from you : for a period of three (3) years ;
• In case of placing an order : for a period corresponding to the warranty period of the Product, to which is added the applicable legal limitation period (five (5) years for actions based on contractual or non-contractual civil liability, excluding personal injury) ;
• For a period of thirteen (13) months from their installation/creation with regard to cookies.

In accordance with the GDPR, you have :

• A right of access and rectification, erasure, and portability of your personal data ;
• A right to restriction and to object, and the right to object on legitimate grounds to the processing of your personal data ;
• The possibility to send Bio Habitat instructions in order to organize the fate of your personal data (storage, erasure, disclosure to a third party, etc.) after your death ;

To exercise one or more of the above-mentioned rights, you must send us a request, indicating your name, first name, your email address, your postal address and your preferences, by :

• Postal mail : BIO HABITAT CUSTOMER SERVICE - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ;
• Email : info@mobilhome-services.com,

ARTICLE 12 – INTELLECTUAL PROPERTY

The photographs, texts, slogans, drawings, images, animated sound or non-sound sequences, as well as all works included in the Site are reserved worldwide under copyright and intellectual property rights, or those of third parties who have authorized Bio Habitat to use them. Any reproduction, even partial, is strictly prohibited.
The company names, trademarks and distinctive signs reproduced on the Site are protected under intellectual property rights. Any reproduction or representation, in whole or in part, of any of the above signs is strictly prohibited and must be subject to prior written authorization from the rights holder.

ARTICLE 13 – APPLICABLE LAW – JURISDICTION

These General Terms and Conditions of sale are governed by French law. In cases where they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
It is expressly agreed that, in the event of any dispute, the Paris Commercial Court shall have exclusive jurisdiction. This jurisdiction clause shall apply even in the event of an appeal for indemnity, plurality of defendants, or incidental claims.

ARTICLE 14 – PREVENTION AND MANAGEMENT OF WASTE

In accordance with the provisions of Article R. 541-173 of the Environmental Code of the Code de l’Environnement, Bio Habitat informs that it has the following unique identifier: FR006935_03YUTW, evidencing its registration in the producer register of the REP stream for graphic papers, with the eco-organization CITEO.
In addition, BIO HABATIT is a member of Eco Mobil-home, a voluntary eco-organization originating from the professional stream, whose mission is to take charge of the end-of-life of mobile homes on the French market.