GENERAL TERMS AND CONDITIONS OF SALE (CONSUMERS)

1. About the Company

BIO HABITAT, SA (public limited company) with share capital of €12,922,640.00, having its registered office at Rue Charles Tellier – ZI La Folie Sud, 85036 LA CHAIZE LE VICOMTE (France), registered with the RCS (Commercial and Companies Register) of LA ROCHE-SUR-YON under number 511 239 915 (hereinafter “Bio Habitat”). 
Email address: info@mobilhome-services.com 
Phone: 02 28 14 03 33 

2. About the Website 

Publishing Director: Mr. Patrick MAHE, Managing Director. 
Website Publisher: Publisher & Host PBA FBO TECH, SAS (incorporated company) with 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 Trade and Companies Register of LA ROCHE-SUR-YON under number 922 569 751. 

ARTICLE 1 – PURPOSE AND SCOPE 

These general terms and conditions of sale (hereinafter the “GTCs”) apply to orders for the products, such as in particular spare parts, sold on the Website (hereinafter the “Products”), between Bio Habitat and any natural person who is considered a “consumer”, or any natural person and legal entity considered a “non-professional” within the meaning of the applicable legislation (hereinafter the “Customer”).

ARTICLE 2 – ORDERS

Any order for Products placed on the Website by the Customer entails, by operation of law, acceptance of the GTCs. 
You may order the Products on the Website by creating a customer account if you have never placed an order on the Website, or by signing in to your customer account if you already have one.
Any order for Products on the Website entails, by operation of law, acceptance of the prices and descriptions of the Products. 
Any order is only considered binding after Bio Habitat’s express confirmation by email and acceptance of payment by the bank’s internet server. 
You will then receive a summary email of your order at the email address you entered in your customer account.  

ARTICLE 3 – RIGHT OF WITHDRAWAL 

In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise the right of withdrawal, without needing to justify the reason. 
The Customer may exercise the right of withdrawal by completing and sending the withdrawal form template available by clicking on the following link: Print the form, by: 
•    Postal mail: CUSTOMER SERVICE BIO HABITAT - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ; or 
•    Email: info@mobilhome-services.com. 

The Product must be returned in its original packaging, in its original condition and complete (with all its accessories and documents), no later than fourteen (14) days after we have informed you of your decision to withdraw, to the following address: BIO HABITAT SL SAV - 30 CHEMIN DU PAROIS - 85300 CHALLANS. It is specified that you will be responsible for the cost of returning the Product. 
We will refund the Product(s) that are subject to the withdrawal, including the delivery costs (except for any additional costs, where applicable, caused by your choice of a delivery method other than the least expensive standard delivery method we offered you) no later than fourteen (14) days from the date Bio Habitat receives the return of your Product, using the same payment method that was used for the initial payment. 

ARTICLE 4 – CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
 

4.1. Characteristics of the Products 

The characteristics of the Products offered for sale are presented in the Product sheet description. The photographs illustrating the Products in support of the text do not fall within the contractual scope. They are purely indicative and cannot be considered binding offers.
The Products are offered subject to available stock. If the Products are not available after you have placed your order, we will inform you by email as soon as possible. We will then offer, where possible, similar Products of equivalent quality and price.
Failing an offer of Products of equivalent quality and price, you may then cancel or modify your order. 

4.2. Availability of Products 

From their first placing on the market, the parts essential for using the Products will be available 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  5 – FINANCIAL PROVISIONS 
 

The prices of the Products are shown on the Website in euros including VAT, excluding shipping costs. The prices of the Products on the Website 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 Website at the time the order is recorded. Shipping costs are stated in the Customer’s final basket before validation of the order and also in Article 6.1 of these GTCs. 
Payment is made in cash at the time of ordering and by bank card via the secure SSL protocol. No discount is granted for any advance payment. An invoice will be sent to you with the delivered Products.

ARTICLE 6 – TRANSPORT - DELIVERY

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

6.1. Delivery lead times and shipping costs 

Our delivery lead times are set depending on the availability of the 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.

Transport costs are set depending on the amount of the order in euros excluding tax as follows :

6.2. Delivery of a parcel or a damaged Product 

Before signing the delivery note from the carrier, you must check the condition of the Products. If the parcel and/or the Product(s) are damaged, you must: 
1)    Enter your handwritten remarks on the carrier’s delivery note, specifying the nature of the damage (parcel and/or damaged Product(s)…), together with your signature ; 

2)    Confirm these remarks to the carrier, by registered letter with acknowledgment of receipt, within three (3) business days following receipt of the Product(s). 

3)    Send a copy of this confirmation by : 
•    Postal mail : CUSTOMER SERVICE BIO HABITAT - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ; or 
•    Email : info@mobilhome-services.com. 
4)    Return the damaged Product(s) within fourteen (14) days following delivery of the said Product(s), in their original condition and with their accessories and/or documents (packaging, user manual…), to the following address: CUSTOMER SERVICE BIO HABITAT - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE. 

We will refund the Products, including the delivery costs, no later than fourteen (14) days from the date Bio Habitat receives the return of your Product, using the same payment method as the one used to pay for the Products. Any claim made outside the aforementioned deadlines cannot be accepted.

ARTICLE 7 – WARRANTY - TELEPHONE ASSISTANCE
 

The Products are guaranteed for a period of two (2) years from their delivery date, in accordance with the conformity warranty (Articles L. 217-4 and following of the French Consumer Code) and the warranty against hidden defects (Articles 1641 and following of the French Civil Code).   
Subject to validation of a lack of conformity or 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 caused by the Customer or a third party, through improper use or mishandling of a Product, is excluded from the warranty.
Any complaint regarding the Products must be addressed, stating your name, first name, your email address, your postal address, the delivery note number, and the Product references, by :  
•    Postal mail by registered letter with acknowledgment of receipt: CUSTOMER SERVICE BIO HABITAT - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ; or 
•    Email with acknowledgment of receipt and read confirmation: info@mobilhome-services.com, 
Any complaint made outside the aforementioned deadlines cannot be accepted. 
The non-conforming or defective Product must be returned to the address indicated above, in its original condition, with its accessories, within fourteen (14) days following the date of the complaint. 
During the warranty period, the Customer has access to telephone assistance, available 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 02.28.14.03.33. 

ARTICLE  8 – INTELLECTUAL PROPERTY
 

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

ARTICLE 9 – LIMITATION OF LIABILITY
 

The Products comply with the legislation and current French standards. 
The photographs, texts and graphics illustrating the Products are not contractual; they are taken from information provided by the Product manufacturer(s). Consequently, Bio Habitat cannot be held liable in the event of an error or omission in any of those photographs, texts or graphics illustrating these Products. 
Before ordering a Product, the Customer must check that this Product is compatible with their needs. 
Bio Habitat assumes no responsibility resulting from indirect harm, whatever its origin, such as labor costs or travel, penalties, storage costs, delays or non-performance of work. Bio Habitat also disclaims any responsibility for any incident or damage caused by the Products it markets after they have been modified or handled by third parties.
In addition, Bio Habitat’s liability cannot be called into question in the event of non-performance or improper performance of the contract due either to an insurmountable and unforeseeable event caused by a third party to the contract, or to a case of force majeure.

ARTICLE 10 – PERSONAL DATA
 

You are informed and you accept that your personal data will be collected and processed exclusively by Bio Habitat, which acts as the 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 (the “GDPR”). 
Your personal data, such as your identity, your postal address, your phone number and your email address, are used only with your consent.  Your personal data will be processed 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 Website and Bio Habitat by sending, in particular, newsletters and special offers based on your preferences, as identified on the Website; 
-    Improving and personalizing the services offered to Customers; 
-    Complying with legal and regulatory obligations. 
Your personal data is retained: 
-    In the absence of an order from you: for a period of three (3) years; 
-    In the event of an order from you: for a period corresponding to the warranty period of the Product, to which is added the applicable statutory limitation period (five (5) years for actions relating to contractual or non-contractual civil liability, excluding bodily injury); 
-    For a period of thirteen (13) months from their placement/creation with regard to cookies. 
In accordance with the GDPR, you have: 
-    A right of access and rectification, erasure, and data portability of your personal data; 
-    A right to restrict processing and to object for legitimate reasons for the processing of your personal data; 
-    The possibility to send to Bio Habitat instructions in order to define the fate of your personal data (retention, deletion, communication to a third party, etc.) after your death; 
To exercise one or more of the above rights, you must send us a request, indicating your name, first name, your email address, your postal address, and your preferences, by: 
•    Postal mail : CUSTOMER SERVICE BIO HABITAT - U2 - Rue Charles Tellier ZI de la Folie - CS 50001 85310 LA CHAIZE LE VICOMTE ; or 
•    Email :info@mobilhome-service.com. 

ARTICLE 11 –  APPLICABLE LAW -  ATTRIBUTION OF JURISDICTION
 

These GTCs are subject to French law. In the event of a dispute regarding the performance of these GTCs, the Customer may first send Bio Habitat a substantiated complaint in order to seek an amicable solution, by email to info@mobilhome-services.com.
If a complaint is not amicably resolved by customer service, and in accordance with Article L. 612-1 of the French Consumer Code, the consumer Customer may use the MEDICYS mediation service free of charge, of which Bio Habitat is a member : 
•    By electronic means : https://medicys-consommation.fr ; or
•    By post : MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.
The mediator’s service may be referred to for any consumer dispute regarding which a settlement has not been reached. Failing an amicable resolution between the Customer and Bio Habitat, any dispute will be submitted to the jurisdiction of the French courts.  

ARTICLE 12 - PREVENTION AND MANAGEMENT OF WASTE 

Pursuant to the provisions of Article R. 541-173 of the Environmental Code of the Code of the Environment, Bio Habitat informs that it holds the following unique identifier: FR006935_03YUTW, attesting to its registration in the register of producers of the REP “graphic papers” sector, with the eco-organization CITEO.
In addition, BIO HABITAT is a member of Eco Mobil-home, a voluntary eco-organization from the professional sector whose mission is to take charge of the end-of-life of mobile homes on the French market.