General terms and conditions of sale

Preamble

These general terms and conditions of sale are concluded between, on the one hand mYXpression RHEUMATOID SAS, 21000 Dijon, entered in the Trade and companies register of Dijon under the number 849 222 351 (hereinafter referred to as "mYXpression RHEUMATOID"), and on the other hand non-professional individuals wishing to purchase the test, mYXpression rheumatoid ,via the website, www.myxpression.com, (hereinafter referred to as the customer).

mYXpression RHEUMATOID provides access to a comprehensive customised report called RITI®. The latter contains specific biological information so that the most efficient biotherapy can be chosen for your immunological deregulation.

To obtain a report, the customer orders the test on the website of mYXpression RHEUMATOID . The test contains a mYboX kit so the customer can take a blood sample, which must then be sent in the envelope provided to the genomics laboratory responsible for sequencing the RNA.

Once the RNA sequencing has been carried out by the genomics laboratory – multiple processes, exploiting artificial intelligence, and massive calculations to identify the biotherapy that is most effective for the customer – mYXpression RHEUMATOID will provide the customised RITI® report so that the most effective biotherapy can be determined, while excluding those that will not be effective. These general terms and conditions of sale must state the rights and obligations of mYXpression RHEUMATOID and of the customer for this service.

Article n°1 - Application

Once the customer has placed an order, it is assumed the purchaser agrees fully and unreservedly with these general terms and conditions of sale to the exclusion of all other documents.

The cancellation or the inapplicability of one of the clauses of the general or specific conditions does not invalidate the other general or special clauses, which remain fully valid and applicable.

Any derogations from these general terms and conditions will only be valid if it is agreed to beforehand by mYXpression RHEUMATOID. Express derogation from one of the general or specific conditions does not imply a waiver of the application of any other general or particular clauses. mYXpression RHEUMATOID reserves the right to modify these general terms and conditions of sale at any time. The applicable general terms and conditions of sale will be those in force on the day of the order is made.

The customer declares that they accept the content thereof by ticking the box “I accept the general terms and conditions of sale” before confirming this order.

Article no. 2 – Information

The customer declares they have been fully informed of the characteristics of the mYXpression RHEUMATOID test, including the detailed operating instructions supplied with the mYboX kit and of the conditions of use of the products. Thanks to the mYXpression RHEUMATOID order, you will be provided with a custom RITI® report.

The customer also consents to the following:

>>> By using the website, they agree with the conditions relating to privacy and the use of personal data.

>>> They will not attempt to pass for another person or entity or use a false name or a name or personal data that it is not authorized for use.

Article n°3 – Order

Clients may order via the website www.myxpression.com, which is the property of mYXpression RHEUMATOID.

The product offers are valid while stocks last.

If the mYboX kit is not available after acceptance of the order by the customer, mYXpression RHEUMATOID shall inform the latter by electronic means as soon as possible. The customer may then, using the same electronic means, request that the order be cancelled, but mYXpression RHEUMATOID will not be liable to pay any compensation.

The contract is deemed valid once the customer has received an acknowledgement of receipt by electronic means from mYXpression RHEUMATOID with a summary of the order.

Article n°4 – Confirmation of orders

4.1 Order

Purchase orders signed by the customer by "double-clicking" constitute an irrevocable acceptance, which can be called into question only within the limits laid down by the law and in the these general terms and conditions of sale.

The “double click” combined with the authentication procedure and with the protection of the integrity of the messages constitutes an electronic signature. This electronic signature is the equivalent of a handwritten signature between the parties

4.2 Withdrawal

In accordance with the provisions of articles L121-21 and following of the French Consumer Code, the customer has a period of 14 days to cancel the order as of the date of receipt of the the said order, and may return any products no later than 14 days thereafter for a refund without having to state reasons or pay any penalties.

If this period expires on a non-working day, it will be extended to the next working day. The order will be refunded in full. A cancellation form is available so the customer can express the wish to cancel the order.

The burden of proof for exercising the right to cancel is incumbent upon the customer.

The product must be complete, in its original packing, not opened, sealed and be suitable for resale. If this is not the case, mYXpression RHEUMATOID reserves the right to refuse to take back the product.

The cost of returning the products to mYXpression RHEUMATOID are to be borne by the customer, regardless of the costs incurred by the latter to this end.

If these conditions are met, the customer will be refunded using the same method as that used to pay for the purchase, and at the latest within a period of 14 days following receipt of the product.

Article n°5 - Prices

The prices stated by mYXpression RHEUMATOID for the purchase of goods and services and the delivery are given in euros and include VAT at the valid rate on the day of the order.

mYXpression RHEUMATOID only guarantees the price to the purchaser on the day the order is confirmed.

Article n°6 - Payment

Several methods of payment are possible:

Payment by bank card (Visa, Eurocard/Mastercard, Carte Bleue/e-Blue card):the price is then payable in full in a single payment at the time of order.

Payment in 2 instalments with no fees:

- 1st debit of 425 euros when the order is made. 

- 2nd debit of 425 euros, 30 days after the order

The debit is made when the order is confirmed by mYXpression RHEUMATOID. Your credit card details are encrypted using the SSL protocol (Secure Socket Layer) and no banking information will be sent without encryption via the network and via website. The payment is made directly via an online secure payment solution: Crédit Agricole 3D Sécure, and made directly to the bank.

mYXpression RHEUMATOID has no access to these details and does not store them on its servers.

Article n°8 – Receipt of products – Terms of use of the kit – Shipping

8.1 Receipt:

Upon receipt of the mYboX kit, the customer will need to check the content of the mYboX kit:

  • 1 explanatory leaflet
  • 2 protective envelopes for the blood sample device
  • 1 postage-paid envelope for reshipment
  • 1 glove
  • 1 dressing
  • 1 alcohol-soaked swab
  • 2 lancets
  • 1 blood sampling pack upon receipt

The customer should also check, before using the kit to take the blood sample, that the sealing tape of the shipping carton and the mYboX kit have not been damaged. The customer will check that the transparent blood sample pack inside has been correctly placed and is not damaged.

In the event of a fault or a missing item, the customer must make a claim within a period of three working days by e-mail. It is the responsibility of the customer to provide mYXpression RHEUMATOID with any proof of any anomalies found.

If the product delivered is found to have a visible defect or a non-conformity within 3 working days following the delivery of the said product, the customer must return the product within the said period, by registered post, with a copy of the invoice of the said product, to the following address:  mYXpression RHEUMATOID, 67 rue des Godrans, 21000 Dijon.

The customer will receive a new mYboX kit from mYXpression RHEUMATOID provided the anomaly is found by mYXpression RHEUMATOID .

mYXpression RHEUMATOID will refuse any items that are damaged or that have already been used.

8.2 Instructions for using the mYboX kit

The customer must carefully follow the instructions for use (illustrated user instructions in the kit) to take the blood sample. The procedure must be followed for the analyses to be carried out and for the report to be produced.

A minimum of two swabs (of the four provided) must be perfectly soaked for the analysis to be carried out and for the report to be completed.

A perfectly soaked swab must contain enough blood, but not too much, as per the following illustration:

If in any doubt regarding the method, the customer may call +33 (0) 380 656 162 for advice on using the sampling kit.

The customer must return the blood sample within the following deadlines:

- within 5 days as of the date of receipt of the mYboX kit

- within no more than 48 hours after taking the blood sample using the swabs

Important: If the illustrated instructions for use are not respected, and/or the deadlines for returning the same are not adhered to, and/or at least two swabs have not been property soaked, the blood sample will be considered unusable and no analysis will be carried out.

If this instructions are not respected, the price paid for the mYXpression RHEUMATOIDtest will be kept by mYXpression RHEUMATOID. The customer must then order a new mYXpression RHEUMATOID test via the website.

When taking the blood sample and depositing it on the four swabs, the blood must be that of the person suffering from rheumatoid arthritis and for whom the mYXpression RHEUMATOID test is intended. The customer promises to comply with the above stipulation.

Article n°9 - Service

The service provided by mYXpression RHEUMATOID and ordered via the website www.myxpression.com includes:

  • the shipping of the mYboX kit
  • the self-sampling mYboX kit
  • an envelope for returning the sample to the genome analysis laboratory
  • the RNA sequencing
  • the analysis, calculations, the creation and the return of the customised RITI® report (downloadable via a single personal code) to target the most effective biotherapy, while excluding those that are not effective

The service is complete once the customer’s personalised RITI® report has been delivered.

Article n°10 – Protection of private life

In accordance with French law and article 32 of law no. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended by law no. 2004-801 of 6 August 2004, personal data is collected via the website to verify the quality of the users, to respond to requests for information and to ensure the website is managed efficiently, by providing mYXpression RHEUMATOID with information about the pages visited and the products ordered by the customer. 

This personal data is kept in a form that enables the persons concerned to be identified for a period not exceeding the duration necessary for the purposes for which it is collected and/or processed. The information collected via this website is stored for exclusive use by mYXpression RHEUMATOID, so it will not be passed on to a third party without the prior consent of the customer. 

At any time, the customer may access, modify, rectify and delete their personal data (article 40 of the “Information Technology, Data Files and Civil Liberties” law of 6 January 1978, as modified).

To exercise these rights, the customer may contact mYXpression by mail at the following address: 67 rue des Godrans, 21000 Dijon or by e-mail at info@myxpression.fr.

The customer also has access to the Data confidentiality policy by clicking on: https://www.myxpression.com/content/27-politique-de-traitement-de-donnees-personnelles-myxpression-sas

Article n°11 – Intellectual property

All texts, comments, illustrations and images reproduced on the website of www.myxpression.com are subject to copyright and protected by intellectual property law (trademarks, patents, designs and models). Total or partial reproduction without the consent of mYXpression RHEUMATOID is strictly forbidden. The sale of the products of mYXpression RHEUMATOID does not include the transfer or licensing of intellectual rights.

Consequently, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialisation, whether in whole or in part, by any process and on any medium whatsoever (paper, digital etc.) are prohibited without the prior written consent of mYXpression RHEUMATOID, subject to the exceptions referred to in article L122.5 of the French Intellectual Property Code, otherwise an infringement of copyright and/or drawings and models and/or brand will have been committed.

Article n°12 - Liability

mYXpression RHEUMATOID takes on an obligation of means to carry out an RNA analysis and provide the report in accordance with the service described in article 9 – Service.

The customer will be free to use this report and to exploit the data with the help of their doctor.

The customer is invited to refer to the description and to the mYboX kit instructions and to the terms and conditions specified on the website www.myxpression.com.

The customer may contact mYXpression RHEUMATOID if they have any question.

The customer is invited to use the mYboX kit with caution. mYXpression RHEUMATOID may not be held liable for a defect arising from improper use, intentional damage or if the instructions and conditions of use for the product are not strictly adhered to.

In case of damage during normal use of the product, mYXpression rheumatoid may only be held liable for material damage directly linked with the contract.

>>> Quality of information: mYXpression RHEUMATOID takes the greatest possible care and endeavours to provide quality information via its website www.myxpression.com.

>>> Access to the website www.myxpression.com mYXpression RHEUMATOIDmay not be held liable for any indirect damage resulting from the access to its website, or the inability to access it.

>>> Distribution of post/e-mail mYXpression RHEUMATOID may be held liable for any delay, loss or incorrect delivery of post/e-mail, nor for incorrect posting or lack thereof to an incorrect e-mail address due to a fault by the customer.

mYXpression RHEUMATOID endeavours to do everything possible to secure its website. Nevertheless, no website is inviolable, so mYXpression RHEUMATOID may not be held liable if unwanted data is imported and installed on its website without its knowledge, or if on the contrary, the data sent by the customer to manage their order is misused, damaged, lost or used illicitly by third parties.

Consequently, the customer shall to take all appropriate measures to protect their own data and software from contamination by potential computer viruses.

The customer is solely responsible for the use they make of the website, and may not hold mYXpression RHEUMATOID liable for any claims and/or procedures made against them.

Article n°13 – Withdrawal

In accordance with the provisions of articles L121-21 and following of the French Consumer Code, the customer has a period of 14 days to cancel the order from the date of receipt thereof, and return it later no later than 14 days for a refund, without having to state reasons or pay any penalties.

If this period expires on a non-working day, it is extended to the next working day. The order will be refunded in full. A cancellation form is available so the customer can express the wish to cancel the order.

The burden of proof for exercising the right to cancel falls upon the customer.

The product must be complete, in its original packing, not opened, sealed and be suitable for resale. If this is not the case, mYXpression reserves the right to refuse to take back the product.

The cost of returning the products to mYXpression are to be borne by the customer, regardless of the costs incurred by the latter to this end.

If these conditions are met, the customer will be refunded using the same method as that used to pay for the purchase, and at the latest within a period of 14 days following receipt of the product.

Article n°14 - Intellectual property

In accordance with articles L211-4 and following of the French Consumer Code, the customer has a legal warranty against defects of conformity of two years from the date the physical products were delivered.

This warranty covers the cost of parts and labour to resolve the lack of conformity of the product.

In the event of a fault of compliance, the customer may report this fault to mYXpression RHEUMATOID .

If the lack of conformity is confirmed by mYXpression RHEUMATOID, the customer can send back the product and receive a refund.

In the event of a minor lack of conformity, cancellation of the sale and a refund are not mandatory.

The provisions relating to the legal warranty against conformity defects do not affect the purchaser’s right to exercise the action resulting from latent defects as stipulated in articles 1641 to 1649 of the French Civil Code or any other action of a contractual nature or in tort as recognised by the law.

Independently of the commercial guarantee, the seller shall remain liable for the legal guarantee of conformity, as referred to in articles L.211-4 to L.21113 of the French Consumer Code and the guarantee relating to the defects of the item sold under the conditions laid down in articles 1641 to 1648 of the French Civil Code.

When you act under the legal guarantee of compliance:

>>> You have a period of 2 years from the date the item was delivered to act,

>>> You can choose between repair or replacement of the item, subject to the conditions of cost provided for in article L.211-9 of the French Consumer Code,

>>> You do not have to provide evidence of the lack of conformity of the item for 6 months following the delivery of the item. This period is increased to twenty-four months as of 18 March 2016, except for second-hand items, for which the period is 6 months.

You can decide to claim the legal warranty for latent defects in application of article 1641 of the French Civil Code. In this case, you can choose between cancelling the sale or a reduction in price in accordance with article 1644 of the French Civil Code.

Article n°15 – Claims

In the event of a claim, the customer may contact mYXpression RHEUMATOID
By e-mail: info@myxpression.fr
In writing: 67 Rue des Godrans, 21000 Dijon

Article n°16 – Applicable law

French law only is applicable to these general terms and conditions of sale.










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