General Conditions

1. ACCEPTANCE OF CONDITIONS

The Customer acknowledges having read, at the time of placing the order, the general conditions of sale set out below and expressly declares to accept them without reservation.

These general conditions of sale shall prevail over all other conditions appearing in any other document or pages of the site, unless prior, express and written exemption is given.

These conditions only apply to non-commercial individuals aged at least 18 years and with the legal capacity to enter into a contract.

Bioloka Holding OÜ reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day the order is placed will apply to each order.

2. ORDER

The automatic recording systems implemented by Bioloka Holding OÜ are considered proof of the nature, content and date of the order.

The Customer has the possibility to modify his basket before the final validation, this step formalizing the scope of the offer made to the Customer by Bioloka Holding OÜ.

Bioloka Holding OÜ confirms acceptance of the order to the Customer at the email address provided by the Customer. The order constitutes an offer to purchase by the Customer; the sale will only be concluded once the order has been shipped.

Bioloka Holding OÜ reserves the right to cancel any order.

The information provided by the buyer when placing an order is binding on the buyer. In the event of an error in the recipient's contact details, the seller cannot be held responsible for any inability to deliver the product.

3. DELIVERY

Any order validated by direct payment before 12 p.m. (Monday to Friday) will be shipped the same day. Any order validated in the afternoon will be shipped the following business day. Orders placed on Friday afternoon and over the weekend will be shipped the following Monday.

The cost of delivery, which takes into account the delivery address provided by the Customer, is calculated prior to final validation and is included in detail in the agreed price. This is only the cost of transport and does not take into account any possible import taxes outside the European Union.

Delivery is carried out by the carrier chosen by the customer or by the subcontractor chosen by this carrier depending on the destinations.

By choosing a carrier for delivery, the customer accepts the general conditions of transport of this carrier.

For all shipments outside the European Union or to the French overseas territories, the customer will be responsible for any import fees or customs taxes. We will invoice without VAT in accordance with the legislation.

War, riot, fire, strikes, accidents and the impossibility of obtaining supplies of raw materials are considered to be cases of force majeure releasing the seller from his obligation to deliver.

We invite you to check the apparent condition of the products upon delivery with the delivery person. Regardless of the carrier and in the presence of an apparent anomaly, you must unpack the package in the presence of the delivery person and write detailed handwritten reservations by having the delivery person sign next to it. The reservations made by the recipient upon delivery constitute means of proof of the existence and extent of the damage. Make sure to be precise and complete in their wording (the simple mention "subject to unpacking" is considered too general and imprecise), and inform the company by registered mail within three (3) working days following the delivery of your package.

4. RETURN

Our product is refundable in case of dissatisfaction. The customer agrees to thoroughly test this method by following our usage recommendations. Returns on used products are only possible once per customer and delivery address, so there is only one trial period possible, not several.

The item to be returned must be intact, complete and packaged in its original box.

Returned products will be refunded within 14 days of receipt by the logistics center. The refund amount is equal to the purchase amount less shipping costs, meaning we refund the price of the product. Any return request for refund made after 30 days will be refused.

To ensure the refund request is processed, the customer must contact our customer service by sending an email to info@nubaxeurope.com. You will then receive the return address and return instructions by email. When sending your package, we ask that you write your name and address as well as your order number on the sender's address. The customer must pay the return shipping costs to our warehouse in France.

5. PRICE

Prices are indicated in euros including VAT or excluding VAT depending on the destination.

These prices do not include the flat-rate contribution to processing costs (postage, packaging and preparation of the package according to the amounts in force).

They take into account the VAT applicable on the day of the order.

6. PRODUCT

Nubax meets numerous quality and safety requirements. It has been validated through clinical trials (UWA) and benefits from accreditations recognized by the most stringent health authorities: TGA (Australia), FDA (United States), and EMA (European Union).

7. PAYMENT

The price charged to the Customer is the price indicated on the order confirmation sent by Bioloka Holding OÜ. The price of the products is payable in cash on the day of the actual order (except for deferred payments)

8. DISPUTES

This contract is subject to Estonian law.

Bioloka Holding OÜ cannot be held liable for any damages of any kind that may result from the misuse of the product sold. The company cannot be held liable for errors or omissions that may have persisted despite all precautions taken in the presentation of the product.

The Customer understands that health advice or any other advice given by representatives of Bioloka Holding OÜ should not be used as a substitute for professional medical advice. The use of products marketed by Bioloka Holding OÜ should not be used as a substitute for medical treatment prescribed by a doctor.

9. PRIVACY POLICY

This describes the privacy policy of Bioloka Holding OÜ.

This policy will apply to all users of the nubaxeurope.com website and will explain in detail what information Bioloka Holding OÜ collects, how it collects it, how it protects it, and when it discloses it to third parties.

The User is invited to consult the general conditions of use if he wishes more information on the use of this site.

9.1 General provisions on personal data

In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as well as those of European Regulation 2016/679 of April 27, 2016 relating to the protection of personal data, the Site has been declared to the CNIL (National Commission for Information Technology and Freedoms).

The Company undertakes to treat the personal data provided by the user with complete confidentiality and to use it only for processing the user's order and monitoring business relations. This information is never shared with third parties or resold.

9.2 Information collected and processed by Bioloka Holding OÜ

When placing an order or creating a profile, the user is invited to submit certain information about himself to Bioloka Holding OÜ.

Some of the information requested is optional. The user can always modify the information they have provided.

From all its users, Bioloka Holding OÜ collects automatically generated information

This information relates to users' browsing habits on the platform, such as the web pages they visit, how long they stay on a certain web page, what they download and/or upload, and the use they make of their profile.

In addition, Bioloka Holding OÜ also collects the IP address, the type of browser used (program necessary for the computer to display web pages) as well as cookies.

The Company informs that the Site is not intended to collect health data or other sensitive data.

It is specified that users' banking information is never in the possession of Bioloka Holding OÜ.

Transactions are fully processed through CASHFLOWS platforms.

However, Users have the ability to create or share text content on the Site. The Company does not exercise control over this content.

9.3 The purpose of the collection and processing of information by Bioloka Holding OÜ

The personal data collected from Users is intended to provide the Site's services, improve them and maintain a secure environment.

They are strictly necessary for the normal use of the Site.

Bioloka Holding OÜ will use the personal data it has collected about the user for the following purposes:

to offer it a platform that is as easy to use as possible;

to send him information about the platform;

to promote the platform;

to develop or have developed anonymized statistical data and protect the platform, as well as to provide the information collected to third parties in accordance with its legal, contractual and/or legal obligations or for the protection of its rights.

9.4 Data Retention

Personal data entrusted to the Company will be kept by it for a period of ten years from the date of transmission.

Bioloka Holding OÜ undertakes to delete any personal data at the first request of the User and, in any event, upon expiry of the mentioned period.

9.5 Obligations of the Company as service provider

As part of the provision by Bioloka Holding OÜ of the services covered by these T&Cs, Bioloka Holding OÜ provides a solution that structurally respects the principles of proportionality, minimization and limitation of personal data, ensuring that only relevant data is processed within the solution, for the sole purposes agreed upon and under the control of only the persons who need to know it.

Bioloka Holding OÜ also implements appropriate technical and organizational measures to protect the personal data communicated to Bioloka Holding OÜ by the User via the Site, in a permanent and documented manner, against accidental or unlawful destruction, accidental loss, alteration, dissemination or unauthorized access, including in the context of data transmission over a network, as well as against any other form of unlawful processing or not included in the processing entrusted under these T&Cs.

9.6 Obligations of subcontractors

Bioloka Holding OÜ and each of its possible subcontractors (who must imperatively meet in all respects the same commitments as those of this clause):

Will respect their obligations at all times.

Will take all necessary measures to protect the security and confidentiality of personal data, including in the event of international transfer of data.

Will provide the following safeguards to ensure the implementation of confidentiality and security measures:

Independence.

Establishment and provision upon first request of documentation describing the confidentiality implemented within the solution, to protect personal data.

Conclusion of standard contractual clauses governing any possible transfer of data to any secondary subcontractor not located in the territory of the European Union, or any equivalent system duly recognized by the supervisory authorities.

Regular internal controls and audits to verify the permanence of internal personal data protection systems and procedures, throughout the time they are stored by the Company, regardless of processing.

Implementation and maintenance of a procedure for receiving and executing requests for access, rectification or deletion from the natural persons concerned.

9.7 Limitation of data use

Bioloka Holding OÜ undertakes to refrain from exploiting or using, making copies of, or creating files of personal data within the User's information system for its own purposes or on behalf of third parties. The processing of personal data will strictly correspond to the execution of the purposes stipulated above, within the sole framework of the operation of the solution and services provided by the Company.

9.8 Sharing data with third parties

Without the user's explicit consent, Bioloka Holding OÜ will not transmit their personal data to third parties for direct marketing purposes (including sending advertisements).

Bioloka Holding OÜ may provide users' personal data to third parties to the extent necessary to maintain the platform and/or in the case where it concerns data that cannot be traced back to the user personally (such as automatically generated information - IP address) and is therefore not to be considered as personal data.

Personal data may be shared with third parties in the following cases:

When the User authorizes a third party website to use his data.

If required by law, Bioloka Holding OÜ may carry out data transmission to respond to claims brought against the Company and to comply with administrative or judicial procedures.

When Bioloka Holding OÜ uses service providers for its development, maintenance or for technical reasons.

If Bioloka Holding OÜ is involved in a merger, acquisition, asset transfer, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In such cases, Users will be informed before personal data is transferred to a third party.

9.9 Hypertext links and Cookies

The nubaxeurope.com website contains a number of hyperlinks to other websites, which may or may not have been set up with the permission of Bioloka Holding OÜ. However, Bioloka Holding OÜ is unable to verify the content of the websites visited and therefore assumes no liability in this regard. Browsing the nubaxeurope.com website may result in the installation of cookies on the user's computer. A cookie is a small file that does not allow the user to be identified, but which records information relating to a computer's browsing on a website. The data thus obtained is intended to facilitate subsequent browsing on the website and is also used to measure traffic. Refusing to install a cookie may make it impossible to access certain services. However, the user can configure their computer as follows to refuse the installation of cookies: In Internet Explorer: tools tab (cogwheel icon in the top right corner) / internet options. Click on Confidentiality and choose Block all cookies. Confirm with OK.

In Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally, uncheck it to disable cookies.

In Safari: Click on the menu icon (symbolized by a cog) in the top right corner of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content settings. In the "Cookies" section, you can block cookies.

In Chrome: Click on the menu icon (symbolized by three horizontal lines) in the top right corner of the browser. Select Settings. Click Show advanced settings. In the "Privacy" section, click Preferences. In the "Privacy" tab, you can block cookies.

9.10 Platform Evolution

Bioloka Holding OÜ is committed to keeping its users informed about the developments of its platform via a newsletter. In the event of an upgrade, update, or any other change to the platform, Bioloka Holding OÜ will inform its users. This also applies to payment information. It is not possible to opt out of these messages. The user receives the newsletter on a regular basis. If they no longer wish to receive it, the user will find an unsubscribe link at the bottom of each newsletter. In the event that the user unsubscribes, Bioloka Holding OÜ advises the user to regularly check the platform or social media to stay informed of new promotions. In the terms and conditions, the user grants Bioloka Holding OÜ the right to publish and copy their personal data (such as username and profile picture) for the purpose of promoting the platform. This means, among other things, that Bioloka Holding OÜ may use certain personal data for the promotion of the platform, for example by indicating which user has the most victories, which event was the most successful, or new current or upcoming operations.

9.11 Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ('Google'). Google Analytics uses 'cookies', which are text files placed on your computer as described above, to help Bioloka Holding OÜ analyze how users use the website. The information generated by the cookie about the user's use of the website (including the user's IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate users' IP addresses with any other data held by Google. By using this site, the user expressly consents to the processing of their personal data by Google under the conditions and for the purposes described above.

9.12 Protection of personal data by Bioloka Holding OÜ

Bioloka Holding OÜ has taken appropriate technical and organizational measures to protect the collected personal data against loss or any form of unlawful processing. In addition, contact with the platform itself is also protected. This protection can be ensured by the "https" label in the browser URL and by the display of a closed lock at the bottom of the screen. If the user clicks the lock twice, they can check whether a secure connection has been established with the platform.

However, it should be noted that the Internet is not a completely secure environment and the Company cannot guarantee the security of the transmission or storage of information over the Internet.

Finally, Bioloka Holding OÜ acknowledges that it must be able, at all times during the execution of these T&Cs, to account for and provide evidence of all systems and procedures for protecting personal data, minimizing their use, and ensuring that said systems and procedures comply with the aforementioned legal requirements.

9.13 Transfer of business

In the event of further growth and development of Bioloka Holding OÜ, one or more parts of the company's assets may be transferred to a third party, or Bioloka Holding OÜ may merge with a third party. In this case, the collected personal data will also be transferred.

9.14 Transfer to countries or the European Union

Given that Bioloka Holding OÜ uses Google Analytics, as described above, Bioloka Holding OÜ transfers personal data to the United States. Owned by Google Inc., Google Analytics is a participant in the Safe Harbor program. This means that Google has taken appropriate measures to protect the transferred personal data. On this basis, Bioloka Holding OÜ grants itself the right to transfer personal data to Google.

9.15 Implementation of User Rights

The User has the following rights:

He can update or delete the data concerning him;

He can delete his User Account;

He can exercise his right of access to know the personal data concerning him;

If the personal data held by the Company is inaccurate, he may request that the information be updated;

He may request the deletion of his personal data, in accordance with applicable data protection laws;

Consequently, Finally, the user is informed that according to the provisions of articles 38 and following of law 78-17 of January 6, 1978 relating to information technology, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the response must be sent.


The buyer may at any time request to exercise this right, either by sending a letter to the Company by post to the following address: Bioloka Holding OÜ5 Narva maantee Tallinn 10117 Estonia or by contacting the Company at the email address info@nubaxeurope.com

10. RIGHT OF WITHDRAWAL

When purchasing products on the nubaxeurope.com website, the Customer benefits from a legal right of withdrawal.

10.1. Information on the right of withdrawal

The Customer has the right to withdraw from this contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the Customer himself, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods or of the last good in the case of partial delivery.

To exercise the right of withdrawal, the Customer must notify BIOLOKA HOLDING OÜ of his decision to withdraw from this contract by means of a clear statement (e.g. letter sent by post, or email).

If the Customer exercises his right of withdrawal, BIOLOKA HOLDING OÜ will send an acknowledgment of receipt of his corresponding declaration within a reasonable time (e.g. by email). To comply with the withdrawal deadline, the Customer must send BIOLOKA HOLDING OÜ the declaration of withdrawal before the expiry of the fourteen (14) day period stated above.

The Customer must return or return the product to BIOLOKA HOLDING OÜ without delay and, in any event, no later than fourteen (14) days from the day on which the Customer notified his wish to exercise his right of withdrawal.

This deadline is met if the Customer ships the goods before the expiry of the aforementioned fourteen (14) day period. Return costs are the responsibility of the Customer.

The Customer must bear the loss of value of the returned product if this loss of value is due to handling other than that which is necessary to ensure the nature, characteristics and correct functioning of the product.

10.2. Effects of withdrawal

In the event of withdrawal notified under the conditions set out in Article 10.1., BIOLOKA HOLDING OÜ will reimburse the Customer for all payments received from him, including delivery costs, at the latest within fourteen (14) days from the day on which BIOLOKA HOLDING OÜ became aware of the declaration of withdrawal.

Customs fees and any import charges are not refunded.

BIOLOKA HOLDING OÜ will make the refund using the same payment method that the Customer used when placing the order, unless BIOLOKA HOLDING OÜ expressly agrees to a different payment method.

The refund is free of charge for the Customer. BIOLOKA HOLDING OÜ reserves the right to defer the refund until BIOLOKA HOLDING OÜ has received the product or until the Customer has provided proof of shipment of the product, whichever comes first.

11. LEGAL INFORMATION

The website "nubaxeurope.com" is produced by the company BIOLOKA HOLDING OÜ with a capital of 2500 Euros, registered in the Estonian Trade and Companies Register under number 14508765