NAHIBU International Terms and Conditions of Sale

ARTICLE 1.  Definitions

 

Whenever used in these terms and conditions, the terms below shall be defined as follows:

 

Customer: any natural person with legal capacity who purchases a Nahibu Kit, outside of any commercial or professional activity, solely for his or her own personal needs. The Customer is a consumer within the meaning of the law applicable to Customers.

 

Order: the act of purchasing a Nahibu Kit from the Site.

 

Customer Account: space on the Site reserved for a Customer with a personal login and a personalised interface. The Account enables the Customer to place an Order.

 

“My Analyses” Account: personal and anonymous space assigned to individual Customers, accessible by each Customer from their Customer Account using an Anonymity Number, to allow them to view the Results of their analyses and the corresponding nutritional advice.

 

T&Cs: these general terms and conditions of sale.

 

Content: elements in the Nahibu Kits and on the Site, including but not limited to information, text, messages, graphics, logos, icons, data and databases, interfaces, screens, images, photographs, music, text, audio, video, software or other materials, and their formatting.

 

Personal Data: any information that directly or indirectly identifies the Customer as an individual.

 

Sample: Customer’s faecal sample taken using a Nahibu Kit.

 

Identifiers: login (email address) and password chosen by Customers to access their Customer Account.

 

Working day(s): every day of the week, Monday to Friday, except public holidays.

 

Work day(s): every day of the week, Monday to Friday including Saturdays, except public holidays.

 

Kit(s) / Nahibu Kit(s): the Nahibu Kits sold on the Site under the conditions set out below, comprising:

  • A stool collection kit for the purpose of an intestinal microbiota sequencing test, itself comprising:
    • an Anonymity Number enabling the Customer to activate the Kit, to anonymize his/her Results and to consult these Results completely confidentially from the “My Analyses” Account;
    • a collection tube filled with 4ml of preservative liquid to preserve the Sample;
    • a faeces-catcher to collect the stool;
    • a glove;
    • a Shuttlepouch to slide the collection tube into after the sample has been taken;

 

  • an anonymous questionnaire;
  • a prepaid envelope to return the Sample to NAHIBU for transfer to its partner laboratory;
  • Sequencing service (Shotgun metagenomic sequencing) of the gut microbiota corresponding to the Sample, after the Sample taken by the Client has been returned to NAHIBU using the prepaid envelope contained in the Kit, for transfer by NAHIBU to its partner laboratory;
  • Access to online Results in the form of a comparison to the NAHIBU cohort (all users), from the “My Analyses” Account, within an indicative period of six (6) to eight (8) weeks after the Samples have been returned and received by NAHIBU, provided that the Customer has correctly answered the anonymous questionnaire attached to the Kit and have linked their Anonymity Number to their Customer Account;
  • Explanations of the Results as well as associated dietary advice to enable the Customer to act to improve well-being.

 

NAHIBU: the company NAHIBU, French simplified joint stock company with a capital of €30,000, whose registered office is located at Le Biopôle – 6 rue Pierre Joseph Colin, 35000 RENNES, registered in the Trade and Companies Register of RENNES under the number 849 074 067, publisher of the Website.

 

Anonymity Number: A unique number assigned to a Nahibu Kit purchased by a Customer which enables the Customer to anonymise and view their corresponding Results from their “My Analyses” Account.

 

Party(ies): the customer and/or NAHIBU.

 

Result(s): the anonymous or anonymised results (biological and sequencing data / corresponding dietary advice) resulting from the sequencing work on the Sample taken by the Customer, which can be consulted by the Customer from his “My Analyses” Account using the corresponding Anonymity Number.

 

Service(s): online sales of Nahibu Kits and related nutritional advice and dietary well-being services.

 

Site: this NAHIBU website accessible at the address http://www.nahibu.com.

 

Visitor: an individual visiting the NAHIBU Website.

 

 

ARTICLE 2.  General Provisions

 

2.1. The T&Cs apply in their entirety, without restriction and without reservation, to all sales of Nahibu Kits and the corresponding Services granted online to the Customer by NAHIBU on its Website.

 

Any Order for a Nahibu Kit placed on the Site implies acceptance of these T&Cs. The T&Cs apply to the exclusion of all other conditions.

 

2.2. The T&Cs can be accessed at any time by the Customer on the Site.

 

2.3. Any modification to the T&Cs shall be binding on the Customer for Orders placed after they have been published online.

 

2.4. The T&Cs shall apply to the extent permitted by law.

 

Should any provision of the T&Cs be or become illegal or unenforceable, in particular due to the application of a foreign mandatory law, the validity or enforceability of the remaining provisions of the T&Cs shall not in any way affect the validity or enforceability of the remaining provisions of the T&Cs.

 

The invalid clause will be disregarded and, where appropriate, the provisions of the foreign mandatory law will apply.

 

2.5. The fact that NAHIBU does not avail itself at any time of a prerogative recognised by the T&Cs shall not be interpreted as a waiver by the latter of its right to avail itself of the corresponding prerogative at a later date.

 

 

ARTICLE 3.  Access to the Site

 

3.1. The Customer is personally responsible for setting up the computer and telecommunications resources allowing access to the Site.

 

The Customer shall bear the telecommunication costs for accessing the Internet and using the Site.

 

3.2.The Site is accessible 24 hours a day and 7 days a week, subject to suspensions due in particular to breakdowns or failures or paralysis of the network, the system and/or the means of communication, as well as maintenance and corrections required for the updating and proper functioning of the Site.

 

 

ARTICLE 4.  Opening a Customer Account

 

4.1. To place an Order, the Customer must create a Customer Account.

 

To do so, the Customer must register online and fill in all the required fields on the registration form submitted. The Customer is also invited to fill in the optional fields on this registration form. He/she must complete the registration form completely, accurately and truthfully.

 

4.2. The opening of a Customer Account is reserved for Customers who are natural persons and with power under law to contract.

 

4.3. The Customer guarantees the truthfulness and timeliness of the information provided when registering on the Site. Each Customer concerned must spontaneously and immediately update his registration form online.

 

4.4. Once the registration form has been duly completed, the Customer will receive confirmation of registration on the Site by e-mail.

 

The Customer may place an Order with NAHIBU via the Customer Account by entering his/her Identifiers.

 

4.5. Orders shall only be binding on NAHIBU once the latter has acknowledged or begun to execute the Orders.

 

4.6. Each Order is strictly personal to the Customer and may not be transferred or transmitted by the Customer to a third party except in the case of a gift as indicated on the Order.

 

4.7. The Customer can follow past and current Orders via his/her Customer Account.

 

 

ARTICLE 5.  Customer Account Access ID Security

 

5.1. When creating a Customer Account, Customer enter a login and a password that they can then change. For reasons of security and confidentiality, only the combination of his/her Identifiers can be used by the Customer to access his/her Customer Account. The Identifiers are proof of the Customer’s identity and the Customer is responsible for any use thereof.

 

5.2. The Customer is responsible for his/her Identifiers. The Customer’s Identifiers must not be communicated to third parties and this information should be stored securely to avoid any hacking or distribution to any unauthorised person.

 

5.3. In any event, the Customer alone shall bear any consequences that may result from the use of his/her Identifiers by any unauthorised person. In case of loss and/or omission of the password, the Customer may request that his/her password be reset on the Site.

 

5.4. Elements relating to the use of the Customer Account are kept and archived by NAHIBU, in accordance with the commitments set out in its Personal Data Protection Policy. NAHIBU may use it for purposes of proof.

 

 

ARTICLE 6.  Customer Behaviour

 

CERTAIN COUNTRIES DO NOT AUTHORISE ALL OR SOME OF THE FOLLOWING PROVISIONS. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CUSTOMER IF REQUIRED BY APPLICABLE LAW.

 

6.1. Generally speaking, each Customer must use the Site:

  • in good faith;
  • in accordance with the T&Cs, rules of good conduct on the Internet and the applicable legal regulations.

 

6.2. To the extent permitted by applicable law, each Customer represents and warrants that:

  • purchases of the Nahibu Kit on the Site are unrelated to his/her professional activity and are strictly limited for personal use;
  • they have full legal power, enabling him/her to enter into the provisions of the T&Cs.

 

6.3. Furthermore, each Customer undertakes to:

  • communicate to NAHIBU the information necessary for the execution of the Orders;
  • communicate any information necessary to perform a service that meets his/her expectations;
  • dutifully execute any transaction, Order and commitments provided in the T&Cs.

 

6.4. Moreover, the Customer shall not:

  • display, send, upload and/or transfer, by e-mail or in any other way, any Content that would be contrary to the law in force in France;
  • display, send, upload and/or transfer, by e-mail or otherwise, any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • hinder or disrupt the Services, servers, networks connected to the Services, or refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to the Services;
  • use the Site in any way that could:
    • prejudice the rights and interests of third parties;
    • render unusable, overload or damage the Site and/or its Services;
    • interfere with or prevent the normal use and enjoyment of the Site by other Customers;
  • attempt to mislead NAHIBU by usurping other people’s names;
  • counterfeit the distinctive signs or manipulate them in any other way so as to conceal the origin of the Content transmitted via the Site;
  • reproduce, copy, resell, or exploit for any commercial purpose whatsoever, all or part of the Services, any use of the Services, or any right of access to the Services.

 

 

ARTICLE 7.  Characteristics of Nahibu Kits and Services

 

7.1. Prior to placing an Order, the Customer may view the essential characteristics of the Nahibu Kit and/or Services that he/she wishes to order on the Site. The information displayed on the Site does not in any way represent an offer from NAHIBU.

 

7.2. The photographs, graphics and descriptions of the Nahibu Kit offered for sale are provided for information only and are not binding on NAHIBU. The Customer must therefore rely exclusively on the description of the Nahibu Kit and Services and their characteristics as stated on the Site.

 

7.3. It is expressly recalled that Nahibu Kits and NAHIBU’s Associated Services do not serve any medical purpose and that they are only provided as part of its activity as a nutritional and dietary wellness advisor for CUSTOMERS.

 

 

ARTICLE 8.  Choice of Nahibu Kits

 

Once the Customer has read the description of the Nahibu Kit and its characteristics, he/she is solely responsible for choosing which Nahibu Kit to order in accordance with his/her needs as determined previously.

 

 

ARTICLE 9.  Availability of Nahibu Kits

 

9.1. Nahibu Kits for sale online usually correspond to available Nahibu Kits.

 

However, in the event of an Order for a Nahibu Kit which is out of stock, the Customer placing the Order will be notified by email as soon as possible.

 

The Customer may then decide either to cancel the corresponding Order or accept the delivery period proposed.

 

9.2. In any case, NAHIBU shall not be held liable by the Customer for any stock outage nor for any prejudice regarding the availability of Nahibu Kits in the event the stock mentioned is unavailable.

 

 

ARTICLE 10.            Order

 

10.1. Order Process

 

10.1.1. The Customer may order a Nahibu Kit on the Site using the online form provided for this purpose and pay by credit card.

 

10.1.2. The Order follows the Order process below as explained on the Site, namely:

  • Select the Nahibu Kit;
  • Check the optional box “Receive my report in hard copy” if needed;
  • Click “Add to Cart” for the selected Nahibu Kit;
  • In the “Shopping Cart”, select the quantity of Nahibu Kits required and click on “Update Cart”;
  • If necessary, enter the promotional code and click on “Apply promotional code”;
  • Click on “Confirm the order”;
  • In the “Order” tab, complete all the necessary information for delivery.

If the Customer does not have a Customer Account, he/she must complete the necessary information to create an Account before finalising the Order;

  • Click on “I have read the general terms and conditions of sale and I accept them without reservation. (Read the General Terms and Conditions of Sale)”;
  • Click on “I have read the consent form and I accept them without reservation. (Read the Consent Form)”;
  • Select the method of payment (in one or more instalments);
  • Click on “Order”.

 

10.1.3. The Customer Order constitutes an offer to purchase the Nahibu Kit, subject to the T&Cs and is binding on the Customer, subject to the right of withdrawal provided for in Article 15. Placing of the Order by the Customer shall give rise to the Customer’s obligation to pay the price of the Nahibu Kit.

 

10.1.4. The Customer may correct any error or modify data entered by him/her before confirming his/her Order following the process described on the Site.

 

10.2. Order Confirmation – Sale

 

10.2.1. Each Order is acknowledged within a reasonable time by NAHIBU to the Customer by e-mail. The confirmation email contains the following information:

  • a summary of the essential features of the Nahibu Kit,
  • detailed indication of the price and methods of payment,
  • information about delivery charges,
  • if applicable, information concerning the Customer Support Service,
  • information on the conditions and methods for exercising the right of withdrawal, including information on exclusions to the right of withdrawal for unsealed Nahibu Kits,
  • the address to which claims can be sent,
  • a copy of the T&Cs and a withdrawal form.

 

10.2.2. Subject to the right of withdrawal referred to below, for the benefit of consumer Customers only, within the meaning of the law applicable to the Customer, any Order shall only become final once NAHIBU has sent the Customer this Order confirmation e-mail and received full payment.

 

10.2.3. NAHIBU recommends the Customer keeps this information on a paper or computer document. NAHIBU will keep Order information for the period of time required under applicable laws, as set forth in the Personal Data Protection Policy.

 

10.2.4. NAHIBU will always reserve the right to cancel the sale of a Nahibu Kit, even after receipt of the confirmation email, in the event bank confirmation of the actual payment is not received.

 

10.2.5. In the event of a dispute concerning the reality or the terms of the transaction, the computer records provided by the secure bank payment server will be considered as proof between the Parties.

 

10.2.6. Subject to applicable laws, NAHIBU reserves the right to refuse or suspend any Order from a Customer with whom a dispute concerning payment of a previous Order or an Order in progress is outstanding.

 

 

ARTICLE 11.            Price

 

11.1. The prices of Nahibu Kits shown on the Site are quoted in Euros, and include all applicable taxes and charges. Delivery charges, if any, must be added to the price of the Kits and will be indicated separately in the Order form, in accordance with the principles set out in the applicable laws.

 

11.2.The Customer may not under any circumstances claim any other price charged for any other method of sale.

 

 

ARTICLE 12.            Payment

 

12.1. Payment for Nahibu Kits, and all associated costs, shall be made in full by credit card or in instalments according to the terms and conditions (dates and instalment amounts) specified at the time the Order is placed on the Site.

 

12.2. The sale will only be final after payment of the price by the Customer. NAHIBU thus reserves the right not to confirm the sale if payment does not occur. In any event, NAHIBU will inform the Customer.

 

12.3. Payment for Nahibu Kits is made by secure electronic payment by Visa/Mastercard/E-carte bleue, the online collection of the Customer’s credit card details (credit card number, expiry date, visual cryptogram) is used to complete the transaction and payment of the sale.

 

12.4. The bank details entered are encrypted using the SSL (Secure Socket Layer) protocol and protected by a security system designed to prevent unauthorised third parties from intercepting, accessing, distorting or diverting this data for their benefit.

 

12.5. By providing his/her bank details, the Customer accepts in advance and unconditionally that NAHIBU will proceed with the secure transaction. The Customer therefore authorises his/her bank in advance to debit his/her account on sight of the records or statements transmitted by NAHIBU, even in the absence of invoices signed by the cardholder’s hand.

 

12.6. NAHIBU reserves the right to cancel the sale of Nahibu Kit(s) in the event of refusal to authorize the payment by credit card by officially accredited organizations or in the event of non-payment.

 

 

ARTICLE 13.            Delivery

 

The provisions of this section are without prejudice to the mandatory laws of the Customer’s place of residence, if they are more favourable to the Customer.

 

13.1. The geographical areas for delivery of Nahibu Kits are indicated on the Site and on the Order Form. The Kits purchased will be delivered, on Work Days, by a delivery service chosen by NAHIBU. The Kits will be delivered to the address given by the Customer in the Order form.

 

13.2. The Customer may, at his/her express request, have the invoice sent to a billing address different to the delivery address.

 

13.3. In the event Nahibu Kits are only partially available, NAHIBU may be required to split the Orders. As a result, available Nahibu Kits may be sent out first, with the rest of the Order being sent out when all other Nahibu Kits ordered become available.

 

13.4. Except in cases of force majeure or in unforeseeable circumstances, Nahibu Kits purchased will be delivered within thirty (30) days of the date indicated on the Order Confirmation.

 

13.5. If the Kit has not been delivered within the period indicated above, the Customer may cancel the sale and NAHIBU shall, without undue delay, reimburse all sums paid.

 

13.6. Delivery costs, if any, shall be borne by the Customer and shall be mentioned separately on the Order and on the invoice.

 

13.7. NAHIBU will send the Customer an email confirmation once the Nahibu Kits have been shipped and another email when the Nahibu Kits have been delivered.

 

 

ARTICLE 14.            Reception

 

When the Nahibu Kit is delivered, the Customer (or a designated representative) shall:

  • ensure that the number of items received corresponds to what is indicated on the delivery note;
  • ensure that the packaging and seals are intact, undamaged and have not become wet or been tampered with in any way;
  • sign the delivery receipt;
  • on request of the delivery service, show identification.

 

Any damage to the packaging and/or the Nahibu Kit, or any discrepancies between the number of items and the supporting documentation must be reported immediately in writing on the delivery service’s delivery note.

 

Subject to contrary provisions of applicable laws, once the delivery service document has been signed and no objections have been raised by the Customer, the Customer may no longer raise objections concerning the external condition of the package delivered, it being specified that the Customer is recognised as having the right to raise objections at a later date concerning other characteristics of the Nahibu Kits in accordance with the conditions set out in Article 17 below.

 

 

ARTICLE 15.            Right of Withdrawal

 

15.1. How to exercise the right of withdrawal

 

The provisions of this section are without prejudice to the mandatory laws of the Customer’s place of residence, if they are more favourable to the Customer.

 

In accordance with the provisions of article L221-18 of the French Consumer Code, the Customer has the discretionary right to withdraw from the Sale within a period of fourteen (14) days following receipt of the Nahibu Kit which is the subject of the Sales Contract, under the terms of which he/she may request either exchange or refund of the Order, without having to justify his/her decision.

 

However, in application of article L. 221-28 5° of the French Consumer Code, for reasons of hygiene or health protection, the Customer will no longer benefit from the right to withdrawal once the Nahibu Kit has been unsealed.

 

The withdrawal period expires fourteen (14) days after the day on which the Customer takes physical possession of the last Nahibu Kit that is the subject of the Order.

 

The Customer may exercise his right of withdrawal by registered letter with acknowledgement of receipt.

 

In this letter, the Customer must express, without any ambiguity, his willingness to exercise the right of withdrawal. The said letter shall mention the Order number and the Nahibu Kit concerned, and shall be sent to the following address:

 

NAHIBU

Le Biopôle

6 rue Pierre Joseph Colin 35000 RENNES

 

For this purpose, the Customer may use the model withdrawal form (Appendix 1) available in the Order confirmation email and/or on the Site, although it is not mandatory.

 

The Customer may also notify his decision to withdraw, under the same conditions, by simply

writing an email to the following address: contact@nahibu.com.

 

Under no circumstances may the Customer exercise his right of withdrawal by returning the Nahibu Kit concerned.

 

15.2. Nahibu Kit Return Policy

 

When the right of withdrawal is exercised by a Customer, the Customer must return the Nahibu Kits concerned to NAHIBU, without undue delay and, at the latest, within fourteen (14) days following communication of the decision to withdraw.

 

The Customer shall only bear the direct costs (postal or other carriers) of returning the Nahibu Kits concerned. All Nahibu Kits returned must be in their original packaging or equivalent, clean and undamaged.

 

Any Nahibu Kit that is incomplete, shows traces of consumption, use, damage or deterioration to the original packaging or equivalent will not be refunded or exchanged.

 

15.3. Refund

 

When the right of withdrawal is exercised by a Customer, NAHIBU will reimburse the Customer all sums paid, including the initial delivery costs, without undue delay and no later than fourteen (14) days from the date on which NAHIBU is informed of the Customer’s decision to withdraw.

 

NAHIBU may defer refund of the Nahibu Kits concerned until the date they are received or until the Customer has provided proof of shipment, whichever comes first.

 

Refunds shall be paid to the credit card entered at the time of the initial Order or, if this is not possible, by cheque.

 

 

ARTICLE 16.            Transfers of Risk

 

Except as otherwise provided by applicable law, the risk of loss or damage in respect of the Kits shall pass to the Customer when the Customer (or a third party specified by the Customer and other than the carrier) has acquired physical possession of the Nahibu Kit.

 

 

ARTICLE 17.            Guarantees

 

The provisions of this section are without prejudice to the mandatory laws of the Customer’s place of residence, if they are more favourable to the Customer.

 

17.1. The Customer will benefit from the legal guarantee of hidden defects (article 1641 to 1648 of the French Civil Code), the legal guarantee of conformity (article L 217-4 et seq. of the French Consumer Code) (See appendix 2).

 

17.2. In any event, these guarantees are limited to exchange or refund of the defective Nahibu Kit, at the Customer’s discretion and subject to availability, and to payment of the shipping and handling costs of the said Nahibu Kits, to the exclusion of any payment of damages.

 

17.3. The following are excluded from all guarantees, namely:

  • apparent defects, i.e. visible defects in appearance not immediately declared by the Customer upon delivery of the Nahibu Kits;
  • defects or damage to Nahibu Kits due to the Customer’s failure to comply with the use or storage advice given by NAHIBU on the Site and with Article 18 of the Terms and Conditions of Sale;
  • defects or damage resulting from factors external to NAHIBU.

 

17.4. If a Nahibu Kit is found to be defective in workmanship or conformity, the Customer should immediately contact Customer Services online by email at  contact@nahibu.com or by post at the following address:

 

NAHIBU

Le Biopôle

6 rue Pierre Joseph Colin 35000 RENNES

 

17.5. NAHIBU will provide the Customer with a return number for Nahibu Kits. This return number, which is required and essential, is valid for seven (7) working days, from the time the return number is sent by NAHIBU to the Customer. After this period, the Customer must request another number.

 

17.6. Subject to the provisions of applicable law, the Nahibu Kit must be returned in its original packaging or equivalent with the Nahibu Kit legible return number provided by NAHIBU.

 

17.7. Any Nahibu Kit that is incomplete, shows traces of use or damage or damage to the original packaging or the tube unsealed, will not be refunded or exchanged.

 

17.8. Return costs shall be borne by NAHIBU, except in the event the Nahibu Kit returned or exchanged does not correspond to the original declaration made by the Customer on the return slip.

 

17.9. Subject to the provisions of applicable law, any risk associated with the return of the Nahibu Kit shall be borne by the Customer.

 

17.10. Subject to the provisions of applicable law, failure to comply with the above procedure and time limits shall not entitle the Customer to any claim for non-conformity or apparent defect in the Nahibu Kits delivered and the Nahibu Kits shall be deemed to be in conformity and free from any apparent defect.

 

 

ARTICLE 18.            How to Use the Kits

 

The Customer undertakes to comply strictly with the instructions for use and advice supplied with the Nahibu Kit ordered. Failure to comply will render any sequencing of the corresponding Sample impossible or invalid.

 

Caution!

 

UNDER NO CIRCUMSTANCES should the Customer:

  • empty the collection tube of all or part of the volume of preservative liquid (stool-preserving solution) it contains;
  • forget to activate the Kit with the corresponding Anonymity Number, according to the instructions in the Kit, before sending it back to NAHIBU;
  • forget to detach the spoon (used to collect the Sample) from the tube lid for Sample collection purposes;
  • forget, before returning the Sequencing Kit, to insert the spoon (used to take the Sample) and allow it to slide to the bottom of the tube and the corresponding volume of RNALater (stool-preserving solution) so that the Sample is stored under the required conditions;
  • personalise the Sample returned, either by including personal information (name, address, etc.) or by any other means that could identify them; it is recalled that Samples, their Number and their Results must remain strictly anonymous.

 

In the event the sequencing services on the Sample taken are impossible or invalid as a result of misuse by the Customer of the Kit, the Customer will be informed. A new replacement Kit will then be proposed, subject to the prior payment of an additional price mentioned on the Site and the Order form.

 

 

ARTICLE 19.            How the Sequencing is Conducted

 

For each Order of a Nahibu Kit, NAHIBU will have its partner laboratory carry out Shotgun metagenomic sequencing of the gut microbiota of the corresponding Sample taken by the Customer and returned to NAHIBU.

 

 

ARTICLE 20.            How to Consult the Results

 

The Results of the Sample sequencing tests for an Order of a Nahibu Kit are accessible and can be viewed anonymously by the Customer in the “My Analyses” section of their Customer Account:

  • using the Anonymity Number of the corresponding Nahibu Kit;
  • within 6 to 8 weeks after the Sample has been returned and received by NAHIBU. This period is given as an indication.

 

Results are given in the form of a comparison score to the NAHIBU cohort (all users).

 

Associated with these Results are explanations and nutritional advice enabling the Customer to act

on his/her well-being.

 

These results are anonymous or anonymized. NAHIBU cannot link the Results to a Customer.

 

 

ARTICLE 21.            Responsibility

 

SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CUSTOMER IF REQUIRED BY APPLICABLE LAW.

 

The provisions of this section shall be applicable WITHIN THE LIMITS OF THE APPLICABLE LAWS.

 

21.1. Orders are executed in standard quality with the tolerances of French and European standards.

 

21.2. NAHIBU shall not be held responsible for the non-execution of Orders in the event of stock outage or unavailability of Nahibu Kits, force majeure, disruption or total or partial strike, in particular of transport and/or communication services.

 

21.3. NAHIBU shall not be liable for the consequences of any misuse of Nahibu Kits by the Customer.

 

21.4. NAHIBU shall not be liable for any consequential damages that may arise from the purchase of Nahibu Kits.

 

21.5. NAHIBU shall not be held liable for any loss of data or files. It is the responsibility of the Customer to make all necessary backups.

 

21.6. NAHIBU cannot be held liable for the Customer’s total or partial inability to use the Nahibu Kits, nor can any compensation or refund be given.

 

21.7. The Site also contains information from third parties and links to other websites. NAHIBU shall in no event be liable for any damages resulting from the use of, or inability to use, any such THIRD-PARTY information or the content of other websites.

 

 

ARTICLE 22.            Modification and duplication of the Site

 

NAHIBU reserves the right to modify and update all or part of its Site at any time.

 

The change of the name of the Site, as well as a change to its hosting location, size, purpose or frequency of updates will have no effect on the execution of the Orders and Services which will apply automatically and by right to the modified site.

 

In the event that the Site is split into several different sites, the T&Cs will be automatically extended to these sites.

 

 

ARTICLE 23.            Intellectual Property

 

23.1. All Content, in whole or in part, including by way of example, trademarks, domain names, designs, patents and copyrights, are protected and are the sole property of NAHIBU. All rights reserved, worldwide.

 

23.2. All trademarks, trade names, logos and other distinctive designs and signs reproduced on the Site and on the Nahibu Kit, registered or otherwise, are trademarks or service marks belonging to NAHIBU. All domain names used on or connected to the Site are owned and administered by NAHIBU on a worldwide basis.

 

23.3. The Site is intended exclusively for private, personal and non-commercial use, for the sole purpose of reading the information published on the Site, placing Orders and consulting the Results.

 

23.4. Visitors and Customers are not permitted to reproduce (unless the reproduction is for personal, non-commercial use), extract, publish, disclose, transmit, make public, republish, distribute, display, remove, delete, add to or otherwise modify, create and/or use derivative works, or works inspired by, sell or participate in a sale of, the Site, any Content on the Site and Nahibu Kits or related software, in whole and/or in part, in any form and/or manner, and for any purpose.

 

23.5. NAHIBU is committed to maintaining, enforcing and protecting its intellectual property rights around the world and to fighting against violations of its rights so as to ensure that its intellectual heritage is well preserved and fully respected.

 

Any use not expressly authorised by the T&Cs is prohibited. The absence of judicial or extra-judicial recourse by NAHIBU does not imply acceptance or tolerance of violations of the Terms and Conditions of the Site and/or violations of intellectual property rights owned by NAHIBU
and/or availability.

 

 

ARTICLE 24.            Personal Data

 

24.1. General Information

 

NAHIBU is aware of its obligations under regulations relating to the protection of Personal Data, in particular Regulation no. 2016/679 concerning the protection of individuals with regard to the processing of Personal Data and the free circulation of such Data [or GDPR] and Law no. 78-17 of 6th January 1978 relating to data processing, data files and liberties [or LIL] (hereinafter the “Applicable Regulations”).

 

In its capacity as Data Controller and for the purposes of its business relations with the Customer, NAHIBU processes the Customer’s Personal Data.

 

Customers are informed that they have various rights over their Personal Data – in particular the rights of access, rectification and opposition, which they may exercise by contacting NAHIBU at the following address

contact@nahibu.com.

 

For more information, Customers may consult the NAHIBU Personal Data Protection Policy [PUDP] available on the Site.

 

24.2. Information about Anonymous or Anonymised Personal Data

 

Nahibu has implemented an internal procedure to ensure that questionnaire responses, samples, sequencing data and results are anonymous or anonymised.

 

NAHIBU seeks the Customer’s consent to:

  • send personal data to its partner laboratory;
  • use the data for statistical and research purposes;
  • commercially exploit personal data.

 

 

ARTICLE 25.            Convention of Proof

 

CERTAIN COUNTRIES DO NOT AUTHORISE ALL OR SOME OF THE FOLLOWING PROVISIONS. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CUSTOMER IF PROHIBITED BY APPLICABLE LAW.

 

The provisions of this section shall be applicable WITHIN THE LIMITS OF THE APPLICABLE LAWS.

 

25.1. The Customer agrees that information exchanged with NAHIBU, for the purposes of placing an Order or for its performance, may be sent to it by e-mail.

 

25.2. The Parties agree that proof of their contractual obligations shall be provided as follows: It is agreed that by clicking on the button “I accept the general terms and conditions” shall be proof of the Customer’s consent and implies acceptance of the T&Cs.

 

25.3. Any acceptance or request by a Customer, which may give rise to obligations on his/her part, shall be confirmed by the Customer by entering and confirming the generated password. By entering and confirming his/her password, which will serve as a signature, the Customer will be deemed to have irrevocably accepted the obligation(s) subscribed to.

 

25.4. NAHIBU may rely on as proof any act, programs, data, files, recordings, operations and other elements of a nature or in computer or electronic format or support, established, received or kept directly or indirectly by NAHIBU, for example in any database.

 

25.5. The Customer accepts and acknowledges the perfect validity of the Orders concluded with NAHIBU on electronic media.

 

 

ARTICLE 26.            Applicable law – Disputes

 

The T&Cs and any non-contractual obligations arising out of or in connection therewith shall be governed by and construed in accordance with French law (without regard to any provision regarding a conflict of law), unless the mandatory law of the Customer’s place of residence provides otherwise.

 

All disputes arising out of or in connection with the T&Cs or any non-contractual obligations arising out of or in connection with the T&Cs shall be subject to the jurisdiction of the French courts or the courts of the Customer’s place of domicile or residence if the applicable law so requires.

 

 

ARTICLE 27.            Mediation

 

27.1. Any Customer may use the mediation service for consumer disputes relating to an Order placed with NAHIBU on the Internet.

 

Within the limits of what is permitted by applicable law, any consumer dispute must be entrusted in advance in writing to NAHIBU via the contact form available on the Website or at the following postal address:

NAHIBU

Customer Service Le Biopôle

6 rue Pierre Joseph Colin 35000 RENNES

 

Following a prior written request from consumers to NAHIBU, the Mediation department may be contacted for any consumer dispute that has not been settled.

 

27.2. Online Dispute Resolution Platform for European Consumers: In accordance with Article 14 of Regulation (EU) no. 524/2013, the European Commission has set up an Online Dispute Resolution platform, to facilitate independent out-of-court settlements of online disputes between consumers and traders in the European Union.

 

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

 

 

APPENDIX 1

 

Please complete and return this form only if you wish to change your mind about the order placed on nahibu.com (Nahibu Kits sold and shipped by NAHIBU) – unless you are excluded or restricted from exercising this right of withdrawal under the applicable Terms and Conditions of Sale.

To the attention of NAHIBU – Customer Service – Le Biopôle – 6 rue Pierre Joseph Colin – 35000 RENNES.

 

I hereby notify you of my withdrawal from the contract for the sale of the goods / service(*) below:

Ordered on …………………………………………………………………………….. / Received on ………………………………………………………………………….

(*)

Order number: ……………………………………………………………………………………….

Customer’s Name: ………………………………………………………………..

Customer’s address: ………………………………………………………………..

Customer’s Signature (only if this form is sent on paper):

 

Date: ………………………………………………………………..

(*) Delete as appropriate

 

APPENDIX 2

 

Article L217-4 French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing on issue.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the setting up when this falls to him/her according to the contract or was carried out under his/her responsibility.

 

Article L217-5 French Consumer Code

The product is in conformity with the contract:

(1) If it is suitable for the customary use of similar goods and if required: it is suitable for the customary use of similar goods and if required:

if it corresponds to the description given by the seller and possesses the qualities which he/she has presented to the buyer in the form of a sample or a model;

if it presents the qualities which a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his/her representative, particularly in advertising or labelling;

(2) Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.

 

Article L217-12 French Consumer Code

The action resulting from the lack of conformity is limited to two years from the delivery of the product.

 

Article 1641 of the French Civil Code

The seller shall be liable for hidden defects in the product sold which render it unsuitable for the purpose for which it is intended or which so diminish such use that the buyer would not have acquired it or would have paid a lower price if he/she had known about them.

 

Article 1648 paragraph 1 of the French Civil Code

Proceedings arising from redhibitory defects must be instituted by the buyer within two years from the discovery of the defect.