Terms and conditions of sale

1. DEFINITIONS

Each time they are used in the body of these general terms and conditions, the terms below shall have the following meaning :

Client :

Any adult, mentally sound natural person residing within the European territory who purchases a self-sampling kit associated with a biological analysis service, without requesting coverage by the social security system, performed by the LABIO laboratory, outside of any professional activity, and solely for their strictly personal needs.

Or

Any healthcare professional (doctor, midwife, nurse, etc.) based in France and duly registered with the RPPS, who purchases a kit on behalf of their patient and orders a biological analysis service, without requesting coverage by the social security system, performed by the LABIO laboratory.

Order(s):

Any order placed on the website www.gyntest.bio for a biological analysis service based on a self-sampling kit, under the conditions defined below.

General Terms and Conditions:

These general terms and conditions.

Content:

The content of the website www.gyntest.bio (namely, but not limited to, all information, texts, messages, graphics, logos, icons, GIFs, databases, screens, images, photographs, music, text, audio and video files, software, or any other material, as well as their layout).

Business day(s):

Every day of the week, Monday to Friday, except public holidays.

Kit(s) / Kit(s) V-Veil UP2TM kit:

The self-sampling kits, available under the brand name V-Veil UP2™ kit by the company V-VEIL, are described in detail on each product page. They include the components necessary for self-sampling or sampling by a healthcare professional, the required logistics, and cover the performance of the corresponding medical biology tests under the supervision and control of medical biologists.

The companies LABIO and V-VEIL:

The LABIO laboratory (LABIO, a simplified joint-stock company practicing as a professional partnership (SELAS), registered with the Trade and Companies Register of AIX-EN-PROVENCE under number 442 295 085, holding all necessary authorizations to perform biological analyses, represented by its Managing Director and Medical Biologist, Mr. David SEBAOUN).

Prepares and markets the kits available under the V-Veil UP2™ kit brand, registers CLIENTS on the secure server www.gyntest.bio and/or via its QR code, receives the biological samples, and performs the corresponding medical biology tests.

Website www.gyntest.bio / Secure server:

AND

V-VEIL (V-Veil-Up PRODUCTION SRL, whose registered office is located at Strada Profesor Ion Angelescu 24A, registered with the Trade and Companies Register in Pitesti, Romania, represented by Mr. Bernard CHAFFRINGEON in his capacity as director and sole shareholder, duly authorized) promotes the V-VEIL UP2™ kits, provides information throughout Europe to CLIENTS and all prescribing healthcare professionals on the use of the self-sampling kits available under the V-Veil UP2™ brand, through the management and maintenance of the website www.test-hpv.shop.

Website www.test-hpv.shop / Main platform:

2. GENERAL PROVISIONS

2.1. These general terms and conditions apply in full, without restriction or reservation, to all sales of biological analyses associated with the V-Veil UP2™ kits offered online by the company LABIO on the website www.gyntest.bio, as part of its activity as a medical biology laboratory.

They constitute the essential and determining conditions and prevail over any general terms and/or any other documents issued by the Clients, regardless of their terms. Therefore, any Order of a V-Veil UP2™ kit on the website www.test-hpv.shop implies unreserved acceptance of these terms and conditions.

2.2. The General Terms and Conditions are accessible to the Client at any time on the websites www.gyntest.bio and www.test-hpv.shop.

2.3. Any modification to the General Terms and Conditions shall be binding on the Clients as soon as it is published on the website www.gyntest.bio, for Orders placed thereafter.

2.4. Each provision of the General Terms and Conditions shall apply to the fullest extent permitted by law, and the invalidity of all or part of any clause shall not affect the remainder of that clause or the General Terms and Conditions as a whole.

2.5. The fact that LABIO does not invoke, at any given time, a right granted by the General Terms and Conditions shall not be interpreted as a waiver of its right to invoke that same provision at a later date.

3. ACCESS TO THE WEBSITE www.gyntest.bio

3.1. The Client is solely responsible for setting up the necessary computer and telecommunications resources to access the website www.gyntest.bio.

The Client remains responsible for all telecommunication costs incurred when accessing the Internet and using the said website.

3.2 The www.gyntest.bio website is accessible 24 hours a day, 7 days a week, subject to suspension due to breakdowns, failures or paralysis of the network, system and/or means of communication, as well as maintenance and correction work required to update and ensure the smooth operation of the site.

4. OPENING A LABIO CLIENT ACCOUNT

4.1. Healthcare professional clients or individual clients must complete all mandatory fields on the secure server, including order forms, information sheets, and informed consent forms presented to them. If they wish, they may also choose to save their personal information in a Client Account to facilitate future orders. Clients are also encouraged to fill in the optional fields of these registration forms. All forms must be completed fully, accurately, and honestly.

4.2. Use of the secure server and the creation of a Client Account is reserved for healthcare professionals and individual clients who are adult natural persons residing in EUROPE.

4.3. Clients guarantee the accuracy and up-to-date nature of the information they provide when registering on the secure server www.gyntest.bio. In the event that the number and/or type of information required by the registration form changes, Clients must provide the updated information within a maximum of seven (7) days from the receipt of any request sent by email from the website www.gyntest.bio.

4.4. If the Client uses the registration form, once it has been duly completed, the Client will receive confirmation of their registration by email.

Clients may then place any Order on the website www.gyntest.bio by entering their password and username online, without needing to complete a new registration form each time they use the site. They have access to their Client Account, which includes all personal information, order history, and the option to terminate access.

4.5. For more details on how the website www.gyntest.bio operates, please refer to the general terms of use available on the site.

5. CHARACTERISTICS OF THE V-Veil UP2™ KIT

5.1. Before placing an Order, the Client may consult the essential characteristics of each type of Kit on the website www.test-hpv.shop.

5.2. The photographs, graphics, and descriptions of the Kits offered for sale are for informational purposes only and are not binding on the companies LABIO and V-VEIL.

Consequently, the companies LABIO and V-VEIL cannot be held liable or responsible for any errors, inaccuracies, or omissions related to the information about their offer published on this site.

6. AVAILABILITY OF BIOLOGICAL ANALYSES

6.1. The V-Veil UP2™ Kits combined with biological analyses offered for sale on the website www.gyntest.bio correspond to available V-Veil UP2™ Kits.

7. OUT OF STOCK

7.1. However, in the event that an Order for a V-Veil UP2™ Kit is actually out of stock, the Client who placed the order will be informed by email as soon as possible, provided that the contact details they have provided are accurate.

The Client may then, at their discretion, either cancel the corresponding Order or choose to accept the proposed delivery delay.

In any case, LABIO shall not be held liable by the Client for this stock shortage or for any damages related to the stated availability of the V-Veil UP2™ Kits in the event that such information proves to be inaccurate.

8. ORDER

8.1. After obtaining information on the website www.test-hpv.shop, the Client may directly order a biological analysis combined with the V-Veil UP2™ Kit on the website www.gyntest.bio using the online form provided for this purpose, with payment by credit card only (see Article 12).

8.2.La Commande est alors matérialisée par une mention spécifique du processus de Commande tel que prévue sur le Site Internet et conformément aux conditions générales d’utilisation mentionnée sur ledit site.

8.3. Orders bind the company LABIO only after confirmation or the commencement of execution of said Orders by LABIO.

9. CONFIRMATION OF SALE

9.1. In accordance with Articles 1127-2 of the Civil Code and 221-13 of the Consumer Code, the Client will receive a confirmation of their purchase by email, accompanied by the General Terms and Conditions of Sale.

9.2. The invoice corresponding to the Order will be sent by email once the entire service related to the Order has been completed. The invoice will therefore be provided at the time of payment and at the time of sending the analyses, and will also be available within the Client’s Account.

10. RIGHT OF WITHDRAWAL

10.1. Procedure for Exercising the Right of Withdrawal

In accordance with the provisions of Article L221-18 of the Consumer Code, the Client, as a consumer, has a right of withdrawal within fourteen (14) days following the receipt of the V-Veil UP2™ Kit(s) covered by the sales contract, during which they may request either an exchange or a refund of their Order, without having to justify their decision.

However, pursuant to Article L. 221-28 5° of the Consumer Code, for reasons of hygiene or health protection, the Client will no longer be entitled to exercise the right of withdrawal once their V-Veil UP2™ Kit has been unsealed.

The withdrawal period expires fourteen days after the day on which the Client physically takes possession of the last V-Veil UP2™ Kit included in the Order.

The Client may exercise their right of withdrawal by email at contact@gyntest.bio, indicating the order number, or via the designated form available within their Client Account.

The Client must clearly express their intention to exercise their right of withdrawal. A return authorization will then be sent to them to enable the return of the V-Veil UP2™ kit(s).

The Client may under no circumstances exercise their right of withdrawal by directly returning the V-Veil UP2™ kit in question without prior authorization.

10.2. Return Procedures for V-Veil UP2™ Kits

When the right of withdrawal is exercised by a Client qualifying as a consumer under Article L221-18 of the Consumer Code, the Client must return or send back the relevant V-Veil UP2™ Kit(s) to the company LABIO without undue delay and, in any event, no later than fourteen days after communicating their decision to withdraw.

The shipping address will be provided to them along with the return authorization.

The Client shall bear only the direct postal costs of returning the relevant V-Veil UP2™ Kits.

Any returned V-Veil UP2™ Kit must be packaged in its original packaging, which must be clean, undamaged, unopened, and unsealed.

Any incomplete V-Veil UP2™ Kit, showing signs of consumption or use, damaged, or with original packaging that has been unsealed, will neither be refunded nor exchanged.

10.3. Refund

When the right of withdrawal is exercised by a Client qualifying as a consumer under Article L221-18 of the Consumer Code, LABIO shall refund the Client the full amount paid, including initial delivery costs, without undue delay and no later than fourteen days from the date LABIO was informed of the Client’s decision to withdraw.

LABIO may postpone the refund of the relevant V-Veil UP2™ Kits until the date of their receipt or until the Client has provided proof of their shipment, whichever occurs first.

The refund will be made primarily by re-crediting the credit card used for the initial Order or, if that is not possible, by bank transfer.

11. PRICES

11.1. The sale price on the website www.gyntest.bio is the price in effect at the time the Client places the Order for the biological analysis and the V-Veil UP2™ kit. Shipping costs are the responsibility of the Client and are payable on the website www.test-hpv.shop.

11.2. The prices indicated on the website www.gyntest.bio are expressed in Euros and include all taxes, with the company LABIO, as a medical biology laboratory, being exempt from VAT.

11.3. The Client may not under any circumstances claim any other price applied through any other sales channel.

12. GENERAL PAYMENT TERMS AND CONDITIONS

12.1. Payment for the V-Veil UP2™ Kit and the biological analysis, as well as any related fees, is made in full by credit card and in euros at the time the Order is placed on the website www.gyntest.bio. Payment for the logistics of the V-Veil UP2™ Kit and any related fees is also made in full by credit card and in euros at the time the Order is placed on the website www.test-hpv.shop.

12.2. Payment will be authorized and collected as soon as the sale is accepted by the Client, in order to ensure the Client’s solvency. LABIO reserves the right not to validate the sale if a payment failure is detected. In all cases, LABIO will inform the Client by email.

12.3. Payment is made via secure electronic payment by Visa, Mastercard, or American Express credit card. The online collection of the Client’s credit card details (card number, expiration date, security code) is solely intended to process the transaction and payment for the sale.

12.4. The banking details entered are encrypted using the SSL (Secure Sockets Layer) protocol by the bank and protected by a security system designed to prevent unauthorized third parties from intercepting, accessing, altering, or misusing this data for their own benefit. No client banking information is stored on the website www.gyntest.bio, as the banking details are entered directly into the secure form of the site’s partner bank.

12.5. By providing their banking details, the Client hereby gives unconditional prior consent for LABIO to process the secure transaction. The Client also authorizes their bank in advance to debit their account based on records or statements provided by LABIO, even in the absence of invoices signed by the cardholder.

12.6. LABIO reserves the right to cancel any sale in the event of a refusal of payment authorization by the officially accredited card payment organizations or in the case of non-payment.

13. DELIVERY TERMS FOR V-Veil UP2™ KITS

13.1. General Rules

The V-Veil UP2™ Kits can be delivered within the European territory via postal service and/or express carriers (UPS, FedEx, etc.). The return logistics of the samples to LABIO are available within the European territory using express carriers (UPS, FedEx, etc.) under UN3373 conditions.

At the Client’s explicit request, the invoice may be sent to the billing address instead of the delivery address by selecting the appropriate option at the time of placing the order.

In case of partial availability of the V-Veil UP2™ Kits, LABIO may split the orders. Thus, the available V-Veil UP2™ Kits may be shipped initially, and the remaining items will be sent once all other ordered V-Veil UP2™ Kits are available.

13.2. Shipping Timeframes for V-Veil UP2™ Kits and Availability of Biological Analysis Reports.

13.2.1. The average shipping time from the dispatch of a V-Veil UP2™ Kit in stock by LABIO is 3 to 5 business days. This timeframe is in addition to the delivery transit time. This estimate is provided for informational purposes only and does not constitute a guaranteed deadline.

13.2.2. Any delays in the delivery of the V-Veil UP2™ kit shall not entitle the Client to claim damages, withhold payment, or cancel the order.

13.2.3. Once the Client has accepted the minimum announced delivery time, they may no longer cancel their Order, except for Clients qualifying as consumers if the delay exceeds the announced timeframe by more than 7 days or under their legal right of withdrawal.

13.2.4.

13.2.5. The average processing time for a biological analysis and the availability of the analysis report to the Client, starting from LABIO’s receipt of a sample collected using a V-Veil UP2™ Kit, is 3 to 5 business days. This timeframe is in addition to the delivery time from the Client to LABIO. This estimate is provided for informational purposes only and does not constitute a guaranteed deadline.

13.2.6. Any delays beyond the estimated timeframe shall not entitle the Client to claim damages, withhold payment, or cancel the order.

14. CONFORMITY – RECEIPT

14.1. The conformity of the V-Veil UP2™ Kits (condition, absence of defects, quantity, etc.) must be thoroughly checked by the Client upon receipt. The costs and risks related to the inspection of the V-Veil UP2™ Kits are the responsibility of the Client.

14.2. Without prejudice to the foregoing, any claim or dispute regarding apparent shortages or damages must be reported to the company V-VEIL within two days by email at contact@vvup.org.

This communication must include :

– the Client’s contact details;

– the Order number;

– the part numbers of the V-Veil UP2TM Kits concerned ;

– the reasons for the claim.

14.3. Failure to comply with these conditions will result in the V-Veil UP2™ Kits being deemed compliant, and LABIO’s liability cannot be contested on this basis. The Client will be held responsible for any damages suffered by LABIO due to non-compliance with these procedures.

14.4. In the event of proven non-conformity confirmed by LABIO, LABIO will replace the non-compliant V-Veil UP2™ Kits at its own expense, subject to stock availability.

14.5. Under no circumstances shall the non-conformity of the V-Veil UP2™ Kits give rise to any claim for damages by the Client.

15. TRANSFER OF RISK

15.1. The V-Veil UP2™ Kits ordered on the website www.test-hpv.shop shall be under the Client’s custody from the date of delivery as defined in Article 14.3 above. From that date onwards, the Client alone shall bear all risks that the V-Veil UP2™ Kits may incur or cause, for any reason whatsoever, including cases of force majeure, unforeseen events, or acts of third parties.

16. WARRANTIES

16.1. The Client qualifying as a consumer shall benefit from the legal warranty against hidden defects (Articles 1641 to 1648 of the Civil Code) and the legal warranty of conformity (Articles L217-4 and following of the Consumer Code) (see Appendix 1).

16.2. In all cases, these warranties are limited to the exchange of the defective V-Veil UP2™ Kit, subject to availability, as well as coverage of the shipping and handling costs of the said V-Veil UP2™ Kits, excluding any payment of damages.

16.3. The following are excluded from any warranty, in particular:

• apparent defects, meaning visible flaws or imperfections not immediately reported by the Client upon delivery of the V-Veil UP2™ Kits;
• defects or deterioration of the V-Veil UP2™ Kits resulting from the Client’s failure to comply with the usage or storage instructions provided by V-VEIL on the website www.test-hpv.shop;
• defects or deterioration caused by factors external to V-VEIL or LABIO.

17. RETURNS OF V-VEIL UP2™ KITS

17.1. Apart from the exercise of the right of withdrawal referred to in Article 10, any return of a V-Veil UP2™ Kit under the warranties mentioned in the previous article must be subject to prior approval by the company V-VEIL.

To this end, the Client must contact the after-sales service by email at contact@vvup.org. No returns will be accepted without prior authorization. All communications must be made by email to contact@vvup.org, specifying the order number.

17.2. If the returned V-Veil UP2™ Kit is deemed presumably defective, the company V-VEIL will provide the Client with a V-Veil UP2™ Kit return number. This return number, which is a crucial and mandatory condition, is valid for seven business days from the date it is communicated by V-VEIL to the Client. After this period, the Client must submit a new request following the procedure described above.

17.3. In all cases, any returned V-Veil UP2™ Kit must be sent back in its original packaging and clearly accompanied by the provided V-Veil UP2™ Kit return number.

17.4. Any incomplete V-Veil UP2™ Kit showing signs of use, damage, or deterioration, including damaged original packaging or unsealed tubes, will neither be refunded nor exchanged.

17.5. Shipping costs will be borne by the company V-VEIL, except in cases where the returned or exchanged V-Veil UP2™ Kit does not correspond to the original declaration made by the Client on the return form. The coverage of these return shipping costs will be capped at the applicable postal rate.

17.6. Any risk related to the return of the V-Veil UP2™ Kit shall be borne by the Client.

17.7. Failure to comply with the procedure outlined above and the specified deadlines will result in the Client being unable to make any claims for non-conformity or apparent defects of the delivered V-Veil UP2™ Kits, which will then be deemed compliant and free of any apparent defects.

18. TERMS OF USE FOR V-VEIL UP2™ KITS

18.1. Follow the instructions for use provided with the V-Veil UP2™ Kit.

19. TERMS FOR CONDUCTING THE MEDICAL BIOLOGY EXAMINATION

19.1. For each Order of a V-Veil UP2™ Kit, the company LABIO, a medical biology laboratory, directly performs the related medical biology tests on its technical platform under the control and supervision of its medical biologists.

20. TERMS FOR CONSULTING THE RESULTS

20.1. The results of the medical biology tests related to an Order of a V-Veil UP2™ Kit are sent by email and/or via a secure server to the Client and the referring healthcare professional indicated on the information sheet completed by the Client, within 3 to 5 business days. This timeframe is in addition to the delivery time from the Client to LABIO. This estimate is provided for informational purposes only and does not constitute a guaranteed deadline.

21. LIABILITY

21.1. The V-VEIL UP2™ kits offered comply with applicable French and European legislation. LABIO’s liability cannot be held responsible for any non-compliance with the laws of the geographical area where the V-VEIL UP2™ kit is delivered.

21.2. In accordance with Article L.411-1 of the Consumer Code, the sale of V-Veil UP2™ kits through these general terms and conditions of sale complies with the current regulations relating to the safety and health of individuals, the fairness of commercial transactions, and the protection of consumers.

LABIO shall not be held liable for any indirect damages that may arise from the purchase of the V-Veil UP2™ Kits.

Furthermore, LABIO cannot be held liable for any damages resulting from improper use of the purchased V-Veil UP2™ Kit.

LABIO cannot be held liable for failure to fulfill orders in the event of stock shortages or unavailability of V-Veil UP2™ kits, force majeure, disruptions, or total or partial strikes, including those affecting postal services and transportation and/or communication means.

LABIO cannot be held responsible for any loss of data or files. It is the Client’s responsibility to perform all necessary backups.

LABIO’s liability cannot be engaged for any inconveniences or damages related to the use of the internet, including service interruptions, external intrusions, or the presence of computer viruses.

In all cases, LABIO can only be held liable for direct material damages caused by its fault to the Client during the performance of its services, up to the amount of the Order paid by the Client.

22. MODIFICATIONS AND DUPLICATION OF THE WEBSITES WWW.TEST-HPV.SHOP AND WWW.GYNTEST.BIO

22.1. The companies LABIO and V-VEIL reserve the right to modify and update all or part of the website and secure server at any time.

Changes to the website’s name, hosting location, size, purpose, or update frequency shall have no effect on the execution of Orders and Services, which shall automatically and fully apply to the modified site.

23. MAJOR FORCE

23.1. Events considered as force majeure with respect to the obligations of each Party are those defined by Article 1218 of the Civil Code.

This shall also apply in all circumstances, even if such events do not fall within the above definition, including but not limited to popular uprisings, acts of terrorism, machinery breakdowns, fires, storms, water damage, strikes, shortages of raw materials, legislative or regulatory measures, blockages of transportation and telecommunications supply networks, disruptions of computer networks (including switched networks of telecommunications operators), failures of the public electricity distribution network, and loss of Internet connectivity.

24. INTELLECTUAL PROPERTY

24.1. All content published on the website www.gyntest.bio is the exclusive property of SF Biotech SAS, the developer on behalf of LABIO. Any total or partial reproduction of this content is prohibited and constitutes an offense.

24.2. The Client holds no intellectual or industrial property rights over the Kits, work, services, and/or studies carried out by the company LABIO.

24.3. Clients expressly agree not to transfer, exchange, lend, or otherwise grant to any third party, even free of charge, any usage rights granted by LABIO or V-VEIL.

25. DATA PROTECTION AND PRIVACY LAW

25.1. The companies LABIO and V-VEIL commit to ensuring that their platform complies with all confidentiality and security conditions and measures, in accordance with best practices and applicable regulations.

Certain information relating to the Client is used by the companies LABIO and V-VEIL in order to process orders.

The companies V-VEIL and LABIO certify that the collection and processing of data through the websites www.test-hpv.shop and www.gyntest.bio comply with the General Data Protection Regulation (GDPR) effective since May 25, 2018, as well as the French Data Protection Act (Informatique et Libertés) of January 6, 2018.

25.2. The companies LABIO and V-VEIL retain data only for the duration necessary to carry out the operations for which the data were collected, in compliance with applicable regulations.

In this regard, Clients’ personal data are retained for the duration of the contractual relationship plus an additional 3 years for marketing and promotional purposes, without prejudice to any mandatory retention periods or statute of limitations.

For accounting purposes, they are retained for 10 years from the end of the financial year.

The processed data is intended for authorized personnel of the company LABIO.

The data is stored on servers located in France or within the European Union.

25.3. Under the conditions set forth by the French Data Protection Act (Informatique et Libertés) and the European General Data Protection Regulation (GDPR), individuals whose personal data is processed have the right to be informed about the processing of their data, as well as the rights of access, rectification, erasure, objection, restriction of processing, data portability, and the right not to be subject to an automated individual decision (including profiling) based on their personal data.

Individuals may exercise all or part of these rights at any time by sending an email to contact@gyntest.bio.

Individuals have the right to file a complaint with the CNIL (French Data Protection Authority).

26. EVIDENCE AGREEMENT – CONTRACTS BY ELECTRONIC MEANS

26.1. Clients agree that information exchanged with the company LABIO for the purpose of concluding an Order or during its execution may be transmitted by email.

26.2. The parties agree that proof of their contractual obligations shall be established as follows: Clicking the “I accept the general terms and conditions” button signifies the Client’s consent and constitutes their acceptance of the General Terms and Conditions.

26.3. Any acceptance or request by a Client that creates obligations for them will be validated by the Client through entering and confirming the password personally assigned to them. By entering and confirming this password—which will be considered equivalent to a signature—the Client is deemed to have irrevocably accepted the obligations undertaken.

26.4. LABIO and V-VEIL may rely as evidence on any acts, programs, data, files, recordings, operations, and other elements—whether in electronic or computerized form—created, received, or stored directly or indirectly by LABIO and V-VEIL, for example within any database.

26.5. In accordance with Articles 1367 and following of the Civil Code, the Client accepts and acknowledges the full validity of Orders concluded with the company LABIO in electronic form.

27. MEDIATION

27.1. Any Client qualifying as a consumer may use the mediation service for consumer disputes related to an Order placed with the company LABIO online. In accordance with the applicable mediation rules, any consumer dispute must first be submitted in writing via the contact form available on the Website or by postal mail to the following address: V-VEIL ….

After a prior written attempt by the consumer to resolve the issue with LABIO, the Mediation Service may be contacted for any unresolved consumer dispute.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

28. COMPETENT JURISDICTION AND APPLICABLE LAW

28.1. These terms of sale are governed by French law. In the event of a dispute, the French courts located at the registered office of LABIO shall have exclusive jurisdiction.

The medical biology laboratory LABIO – Court of Justice of Aix-en-Provence

29. CUSTOMER SERVICE AND ORDER TRACKING

29.1. For any information, the Client may contact customer service at the following email addresses: contact@gyntest.bio or contact@vvup.org.