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The website www.nutrimuscle.com (the "Site") is published and operated by N Lab, a simplified joint-stock company (SAS) with a capital of 13,256.22 euros, whose registered office is located at 38 Rue de Berri – 75008 Paris – France ("N Lab"), registered with the Paris Trade and Companies Register under number 845 402 494, intra-community VAT number FR01845402494, represented by its President.
ARTICLE 1. DEFINITIONS
"Subscription" means the subscription by a Customer to a business model allowing recurring Orders for one or more Products, according to the shipping frequency determined by the Customer.
"GTC" refers to these General Terms and Conditions of Sale detailing the conditions of use of the Site and the relations between N Lab and any Customer (Consumer and Small Professional);
"Customer" means any natural person consumer, whether or not having an Account and/or placing one or more Orders. The Customer is either a natural person acting for purposes that are outside the scope of his commercial, industrial, craft, liberal or agricultural activity and who places an order with the Company (the "Consumer") or a professional legal entity employing a maximum of 5 employees and when the object of the order does not fall within the scope of the professional's main activity (the "Small Professional")
"Order(s)" means the firm order(s) placed by the Customer for the acquisition of one or more Product(s) available on the Site;
"Account" means the personal space of a Customer accessible with a specific and personal username and password for each Customer, allowing in particular the placement of Orders;
"Content" refers to the content (texts, sounds, videos) published on the Site by N Lab and belonging to it;
"Contribution" refers to the content (reviews, texts, sounds, videos) published on the forum by the User;
"Personal Data" means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity;
"Product(s)" means the organic food and sports nutrition product(s) and, more generally, the products offered for sale by N Lab via the Site;
"Site" means the N Lab online store accessible from any terminal connected to the internet (including mobile and tablet) at https://www.nutrimuscle.com/ from which Users can place an Order;
"User" means any person, Customer or not, who visits or consults the Site.
ARTICLE 2. SCOPE OF APPLICATION OF THE GTC
2.1. Scope of the GTC: These General Terms and Conditions of Use and Sale ("GTC") apply to any sale of products concluded between the company N Lab, a simplified joint-stock company (SAS) with a capital of 13,256.22 euros, whose registered office is located at 38 Rue de Berri – 75008 Paris – France, registered with the Paris Trade and Companies Register under number 845 402 494, (hereinafter referred to as "N Lab"), and its Customers, natural or legal persons as defined in Article 1 (hereinafter "Customer(s)"), placing an order for one or more Product(s) offered by N Lab ("Products") on its website (hereinafter "Site").
2.2. Application of the GTC: The fact that a Customer places an order for one or more Product(s) implies their full and unreserved adherence to these GTC, which alone will govern sales, to the exclusion of any other document, emanating in particular from the Customer, such as their general conditions of purchase. The Customer acknowledges having read these GTC and declares to accept them without restriction or reservation. N Lab reserves the right, at its sole discretion, to modify the GTC at any time. The User who refuses the new GTC is free to no longer browse the Site. The GTC applicable to the current Order are those that the Customer accepted when placing the said Order or, unless the Customer expressly accepts the new GTC later, when subscribing to the Subscription. No particular condition may, unless formally and in writing accepted by N Lab, prevail over these GTC.
The GTC are written in French. Translated versions in one or more languages are provided for information purposes only, the French text alone being authentic in case of dispute.
2.3 Presentation of the Site: The Site offers N Lab brand Products for sale and allows any User, whether or not they have created an Account, to place Product Orders (single or by Subscription) online and to register on the forum to, among other things, exchange information about the Products with other Users.
ARTICLE 3. PRODUCTS
3.1. Presentation of Products: Products are presented by N Lab on the Site with all technical information and photographs and/or three-dimensional models of the Product concerned so that the potential Customer knows the essential characteristics of the Product(s) they wish to purchase before placing an Order. Photographs and/or three-dimensional models accurately reproduce the Products, but minimal variations in the presentation of these Products do not engage N Lab's liability.
3.2. Product Characteristics: Product characteristics may be modified at any time by N Lab, particularly regarding the composition of a Product or its packaging. Any substantial modification of a Product's characteristics will be indicated on the Product sheet of the Site for a period of three (3) months and will be communicated by e-mail to Customers who have subscribed to a Subscription, prior to the shipment of their next Order from the marketing of the modified Products. The Products comply with French and European regulations in force concerning food supplements.
ARTICLE 4. PLACING ORDERS
4.1 Account Creation: To place an Order, the Customer may either (i) use the Order placement mode without creating an Account or (ii) create an Account, on the login page (https://www.nutrimuscle.com/account/login) or by clicking on "create an account" when placing an Order. To create an Account, the Customer must provide the information requested at the time of Account creation, as well as a username and password that they may choose under their responsibility.
When creating an Account, once the Account has been definitively validated by N Lab, the Customer receives a confirmation email at the email address provided during Account creation.
The Customer undertakes to take all necessary precautions to ensure the confidentiality, security, and correct use of their username and password, to prevent them from being disclosed or used by a third party. Any connection to an Account and/or data transmission carried out through an Account will be deemed to have been carried out by the Customer and under their sole responsibility. In the event of fraudulent use of the password and/or username, the Customer undertakes to inform N Lab in writing as soon as possible.
4.2 Order Taking
4.2.1. To place an Order, the Customer (or their representative) must be:
An adult natural person; and
Legally capable of entering into an order,
4.2.2. To place an Order, the User must provide at least the following information:
First and last name;
Email address;
Mobile phone;
Postal address.
4.2.3. The Customer ensures that the email address remains valid during the execution of the Order and as long as the Account remains active. No Customer may create or hold more than one Account.
4.2.4. Orders are placed exclusively through the Site. To validate their Order, the User or Customer must accept the GTC. The User or Customer has the option to check the details of their order and its total price and to correct any errors in choice or wording before definitively validating their Order. Confirmation of the Order by the Customer implies the choice of payment method and payment, if applicable.
The Customer will receive an acknowledgment of receipt by e-mail from N Lab summarizing the essential elements of the Order, as well as confirmation of payment for the Order. Orders are final when they have been confirmed by full and immediate payment of the price by the Customer. N Lab retains full ownership of the Products until full payment of all sums due by the Customer in connection with their Order (and, where applicable, any previous Order), including fees and taxes.
4.3 Subscription
4.3.1 The Customer can subscribe to a Product Subscription, allowing for recurring orders, for one or more Products and according to the shipping frequency determined by the Customer via their Account, from a list of frequency choices offered and which may differ depending on the product.
4.3.2 The Subscription is without commitment and is available for a selection of Product references. Account creation is necessary to subscribe to a Subscription. The Customer must also register their bank card, as payment for the Subscription is made monthly (or according to the frequency selected by the customer) by direct debit. The Customer guarantees the truthfulness, accuracy, and completeness of the information provided to N Lab and will be solely responsible for any errors, omissions, and updates of this information. The Customer undertakes to promptly update the data and information provided when necessary.
In the event that one of the Products is unavailable for a given due date, the Customer will receive a notification and can modify their Order, for example by ordering a substitute Product or by canceling the said due date.
4.3.3 The Subscription can be modified at any time on the Customer's Account. Any modification must be made at least fifteen (15) clear days before the next delivery date to be effective for the said due date. Otherwise, the Subscription contract will be modified for the following due date. The delivery date can be temporarily modified for the following month, but this modification remains exceptional and specific to that month, it does not prevail for the other following months. The Subscription therefore resumes its initial delivery date for the months following the modification. To modify the Products subject to the Subscription or the delivery date, the Customer must cancel the current Subscription and subscribe to a new Subscription.
4.3.4 The Subscription is concluded with a frequency of one month or two months, at the customer's choice, and renewed on its anniversary date. An email is sent monthly to the customer at each renewal to inform them of the renewal of their Subscription. The Customer can decide not to renew the Subscription directly and free of charge via the functionality provided for this purpose on their Account, or by email to contact@nutrimuscle.com or by phone at +33 1 59 58 07 94 from Monday to Friday from 9 am to 6 pm. Any non-renewal must be made at least fifteen (15) days before the next due date to be effective for the said due date. Otherwise, the contract will be terminated for the following due date.
4.4 Consumer Loyalty Program
4.4.1 Membership: Membership in the Loyalty Program (named: "NM Club") is free and strictly personal. Only the Consumer customer adhering to the loyalty program can benefit from the advantages described below, to the exclusion of the Small Professional customer. The account and benefits related to loyalty are nominative, personal, and reserved for individual and non-professional use. N Lab reserves the right to modify the terms of membership in the Loyalty Program at any time. The Consumer customer guarantees the accuracy of all information provided during the creation of the loyalty account and is solely responsible for any erroneous, incomplete or outdated information. N Lab reserves the right to request at any time documents justifying the identity of the person wishing to join the Loyalty Program. Any membership with incorrect, incomplete or outdated information will not be taken into account.
4.4.2. Operation: With each Order on the Site, the Consumer customer accumulates points that allow them to benefit from the advantages detailed below. Points are accumulated from the creation of the loyalty account and are accessible on the Customer Account. The loyalty account and accumulated points can under no circumstances be used as a means of payment. Loyalty points have no monetary value and cannot be transferred.
4.4.3 Advantages: By becoming a member of the loyalty program, the Consumer customer benefits from the following advantages:
Accumulation of loyalty points: Each euro spent on an Order generates a defined number of points. Other specific actions also allow the Consumer customer to acquire loyalty points (consultable in the "Loyalty" section of the Account). In the event of cancellation or refund of an Order, the points awarded for the said Order will also be cancelled.
Points are valid for a period of 6 months from their credit to the loyalty account.
Statuses: Accession to a higher status level requires reaching a specific points threshold. The terms of status progression are available on the page dedicated to the loyalty program located in their customer area. The use of points by the Consumer customer nevertheless allows them to accumulate their points to access a higher status. Each status grants distinct advantages. Access to the range of Products available within the framework of the Loyalty Program varies according to the status achieved (the number of products below is given for information only and may be modified and changed):
Initiate: choice from a sample of products
Determined: choice from about ten products
Hardcore: choice from about twenty products
Legend: PREMIUM selection of about thirty products
These Products include best-sellers and new products. The range of Products available evolves over time, it can be more or less extensive depending on the time of year. An automatic email will inform the Consumer customer as soon as they reach a new status. The status remains valid as long as the required number of points for this status is maintained.
Use of Points: To exchange accumulated points, the Consumer customer is invited to access the space dedicated to the loyalty program where the store of available products is located. Each Product has a point value. It is imperative to have at least one paying Product in the cart to be able to exchange points. In case of cancellation or refund of an Order that has been exchanged for points for Products, the exchanged points will be reimbursed.
4.5. RESALE
The products and/or services offered on the Site may not be repackaged and/or resold without the prior written consent of N Lab.
If you wish to become a partner and reseller of N Lab products, please send your request:
• either via the contact form on the Site;
• or by email: Contact@nutrimuscle.com
ARTICLE 5. RIGHT OF WITHDRAWAL
5.1 Right of withdrawal: The Customer has a right of withdrawal of fourteen (14) days from the date of receipt of the ordered Products. If the deadline expires on a Saturday, Sunday, or a public holiday, it is extended until the first working day thereafter.
In accordance with Article L. 221-28 of the Consumer Code, the Customer is informed that this right of withdrawal does not apply to Products unsealed by the Customer after delivery, for reasons of hygiene or health protection. If the Customer intends to exercise their right of withdrawal, they must inform N Lab before the expiration of the withdrawal period by registered letter with acknowledgment of receipt. N Lab will send the Customer an acknowledgment of receipt of the said withdrawal as soon as possible by email to the address indicated by the Customer.
5.2 Return: In application of their right of withdrawal, the Customer will return their package to N Lab, no later than fourteen (14) days following the sending of their decision to withdraw, to the corresponding address below:
Nutrimuscle Service Retour CS 54414, 54414 LONGWY CEDEX
Return costs and transport risks are borne by the Customer.
5.3 Refund: If the right of withdrawal is validly exercised, Nutrismuscle will refund the Customer no later than 14 days after receipt of the Products found to conform to the Order and not unsealed. N Lab reserves the right to re-invoice any Product offered via an offer proposed by N Lab, which would not have been returned when the Customer exercised their right of withdrawal, at the price of these Products in force on the Site on the day of the exercise of the right of withdrawal.
5.4 Exclusion of refund or exchange outside legal right of withdrawal: Except for the exercise of the legal right of withdrawal described in this article, N Lab does not proceed with the replacement or exchange of ordered Products.
ARTICLE 6. DELIVERY
6.1 Delivery costs: Delivery costs are those indicated on the Site at the time of placing the Order or are those indicated on this page.
Shipping costs include preparation and packaging costs as well as postage.
It is advisable to group all your items into a single order. We cannot group several orders placed separately, and delivery charges apply to each of them.
The dimensions of the packages are optimized according to the content of your order and your items are protected. You can simulate the calculation of shipping costs by placing an order. The costs will be indicated once your destination address has been entered and the delivery method selected.
The following are at the Customer's expense:
delivery costs when the free delivery conditions are not met, or for destinations other than those indicated in the list of countries on the page where the customer enters their address, it being specified that N Lab can deliver worldwide;
delivery costs and return costs related to an error in the delivery address;
delivery and return costs resulting from the expired retention period (8 days for Chrono Relais Points and 14 days for Post Offices), as well as re-delivery costs if the Customer wishes the Order to be delivered again.
Product shipments take place from Monday to Friday inclusive. No packages are shipped on weekends and public holidays. Shipping can only take place if the Customer is up to date with their obligations to N Lab.
6.2 Delivery time: The delivery time is that indicated on the Site at the time of placing the Order. In any event, the Order will be delivered no later than thirty (30) days from the Order confirmation. No packages are delivered on weekends and public holidays.
If the Order is not delivered on the agreed date or within the aforementioned thirty (30) day period, the Customer may enjoin N Lab to deliver within a reasonable additional period which may not be less than 4 days and greater than 10 days. In the event of failure to meet this new deadline, the Customer has the option of canceling their Order. In this case, the Customer will notify N Lab of such cancellation by email to contact@nutrimuscle.com or by mail to the address:
For France:
N Lab -38 Rue de Berri – 75008 Paris – France
For the rest of the world:
N Lab - 38 Rue de Berri – 75008 Paris – France
6.3 Compliant delivery: Upon receipt of their Order, the Customer is required not to sign the delivery note before having checked the condition of the packaging and the contents of the packages and the condition of the Products.
If the Products are damaged, the Customer may request an exchange for a new Product or a refund of the Product(s) concerned if they have indicated the following reservations at the time of delivery:
If the delivery person does not allow the Customer to open them to check the good condition of the contents, the Customer must note on the delivery note or on the electronic box (tab "reservations"): "The delivery person refused to let me check the contents."
If, upon checking the Products, it appears that they have been damaged during transport, the Customer must note their remarks (damaged packaging, sustained damage, conformity with the order, etc.) on the delivery note or on the electronic box (tab "reservations").
Any claim regarding apparent defects or non-conformity of the delivered Product with the information provided during the Product presentation, as well as any damage related to transport, must be confirmed by the Customer to N Lab within 48 hours of receipt of the Product, either by registered letter with acknowledgment of receipt to the following address: N Lab - 38 Rue de Berri – 75008 Paris – France
, or by email to the following address: contact@nutrimuscle.com
The Customer must provide any justification as to the reality of the non-conformities, damages or defects observed. Failing a claim made within the aforementioned period and conditions, the delivered Products will be deemed to be compliant with the delivery and accepted by the Customer (without prejudice to the exercise of the right of withdrawal).
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from N Lab, specifying the address and terms of return of the Products. Once the return authorization has been obtained, the Customer returns the N Lab Products to the address specified on the return authorization according to the indicated terms. Any Product returned without N Lab's agreement will be refused and returned to the sender at the latter's expense and risk. To be validly returned to N Lab and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with their accessories, user manuals and other documentation.
In the event that the Customer returns the Product for a proven non-conformity confirmed by N Lab, the Customer must use the same delivery method for the return of the Products as that chosen for the shipment of the ordered Products. In this context, the return costs will be borne by N Lab by means of a return slip or, failing that, by reimbursing the Customer for the actual amount of said costs (proof of postage must imperatively be attached to the package; in its absence, no reimbursement may be claimed by the Customer).
ARTICLE 7. PRICE
Prices are communicated in euros based on the current tariff at the time of the Order, all taxes included, excluding delivery costs. The applied VAT rate is that in force in France. N Lab reserves the right to modify its prices at any time and without notice, it being understood, however, that the price mentioned on the Site at the time of the Order will be the only one applicable to the said Order.
ARTICLE 8. PAYMENT AND INVOICING
8.1 Payment methods: The Customer acknowledges that any Order placement implies the obligation to pay N Lab. Payment for the Order is made exclusively in euros.
The payment methods are as follows:
by bank card according to the details provided when placing the Order;
by bank direct debit, according to the bank details communicated by the Customer to Nutrismuscle at the time of subscribing to a Subscription or indicated in the Account. Payment by bank direct debit is the only payment method accepted for Subscription;
by bank transfer according to the following bank details:
IBAN: FR76 1513 5090 1708 0029 2720 436
BIC: CEPAFRPP513
By cash order for metropolitan France and Monaco
Payment by cash order payable to N Lab issued by La Poste française is possible. The Customer must mail the cash order, which they give to the postman with the order form that the Customer will have previously printed online from the Site, by mail to: Nutrimuscle – Service client - 15 rue poissonnière 75002 Paris France
The Customer certifies that they have the necessary authorizations to make the payment they select. N Lab reserves the right to refuse to honor the Order of a Customer who has not paid a previous Order in full or in part or with whom a payment dispute is ongoing.
8.2 Payment deadlines: Payment occurs when the Order is placed and within a maximum of ten (10) days from the Order. The order is shipped only when payment is made. N Lab is entitled to suspend the delivery of a Product for which it has not received payment.
8.3 Invoicing: An invoice is issued for each Order. The customer receives a payment receipt by email at the email address provided during their order and can also request a copy of the invoice by contacting N Lab customer service directly.
ARTICLE 9. LIABILITY
9.1 N Lab's liability: N Lab's liability cannot under any circumstances be invoked in the event of non-performance or improper performance of contractual obligations attributable to the Customer, particularly when placing their Order. N Lab cannot be held responsible, or considered to have failed in its obligations under these GTC, for any delay or non-performance of one of its obligations described in these GTC, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals. It is also specified that N Lab does not control websites that are directly or indirectly linked to the Site. Consequently, N Lab disclaims all responsibility for the information published on them. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content or the products or services they offer.
N Lab is responsible for the Site but disclaims all liability for:
any stock shortages that may occur during an Order;
damages of any kind, both material and immaterial, that may result from improper use of the identifier or the Order placement procedure;
an inherent risk in the use of the internet network such as data loss, intrusion, viruses, service interruption or any other similar risk;
any damage caused to Customers and users of the Site due to their own fault.
N Lab reserves the right to stop online marketing of certain Products, without compensation and without prior notice.
9.2 Customers' Responsibilities: Customers are responsible for the choice of Products they wish to order, placing the Order and its payment. Users are responsible for:
compliance with their legal and regulatory obligations; simply consulting the Site does not exempt them from informed, personalized, and up-to-date advice on legislative changes;
Orders placed on the Site;
their access and use of the Site;
obtaining and maintaining all equipment necessary to access the Site;
the compatibility of their equipment with the Site.
Users will guarantee and indemnify N Lab (as well as its affiliated entities, their officers, directors, employees, and agents) against any claim or demand, including legal fees, from a third party, due to a breach of the GTC, their misuse of the Site or a breach of any law or the rights of a third party.
ARTICLE 10. LACK OF CONFORMITY AND HIDDEN DEFECTS
The Customer benefits from the legal guarantee of conformity (Articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to hidden defects affecting the sold item (Articles 1641 to 1648 of the Civil Code). N Lab does not provide any additional commercial guarantee.
10.1 Legal guarantee of conformity
Article L. 217-3 of the Consumer Code:
The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5.
They are liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from that date.
In the case of a contract for the sale of goods comprising digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period equal to or less than two years, or where the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or digital service which appears within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for any lack of conformity of this digital content or digital service which appears during the period during which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this was entrusted to them by the contract or was carried out under their responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the consumer's action is the day on which they become aware of the lack of conformity.
Article L. 217-4 of the Consumer Code:
The goods conform to the contract if they meet, in particular, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° They are fit for any special purpose sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3o They are delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° They are updated in accordance with the contract.
Article L. 217-5 of the Consumer Code:
I.- In addition to the criteria of conformity with the contract, the goods are in conformity if they meet the following criteria:
1° They are fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements they comprise are supplied in the latest version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, they are supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.- However, the seller is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
1° That they did not know them and were not legitimately able to know them;
2° That at the time of conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.- The consumer cannot dispute conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of conclusion of the contract.
Article L. 217-28 of the Consumer Code:
When the consumer asks the guarantor, during the legal warranty period or the commercial warranty granted to him when purchasing or repairing goods, for a repair covered by this warranty, any period of immobilization suspends the warranty that was still running until the goods are repaired and delivered.
This period runs from the consumer's request for intervention or the availability of the goods for repair or replacement, if this starting point proves more favorable to the consumer.
The warranty period is also suspended when the consumer and the guarantor enter into negotiation for an amicable settlement.
10.2 Legal guarantee against hidden defects
Article 1641 of the Civil Code:
The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them.
Article 1648, first paragraph, of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ARTICLE 11. COMPLAINTS – CUSTOMER SERVICE
N Lab provides the Customer with a telephone customer service at +33 1 59 58 07 94, available Monday to Friday from 9 am to 6 pm. Any written complaint from the Customer must be sent by mail to the following address:
For France and the rest of the world:
N Lab - 38 Rue de Berri – 75008 Paris – France
or by email to the following address: contact@nutrimuscle.com.
ARTICLE 12. PERSONAL DATA
N Lab implements personal data processing, for which it is responsible. Within the framework of its contractual relationship with the Customer, N Lab undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"), as well as Law No. 78-17 of January 6, 1978, in its latest version in force. Terms capitalized in this article have the meaning attributed to them by the applicable personal data protection regulations. The Customer will directly or indirectly provide only the Personal Data deemed necessary for the execution of the Contract, namely the following data: Names of the Buyer's contacts and employees, fixed and mobile phone numbers, postal address, and email address. The processing of the Customer's Personal Data aims to execute the Contract. The recipients of the Personal Data are N Lab personnel, as well as, where applicable, those of its affiliated companies. These recipients are subject to strict confidentiality and security obligations and will have access to Personal Data within the limits of the Processing Purposes. N Lab is authorized by the Customer to transfer this personal data to any company in its group.
In the event that the Customer's personal data is accessible from countries not offering an adequate level of protection, N Lab will adopt appropriate safeguards to carry out such international transfers in accordance with applicable law. N Lab retains the Customer's Personal Data as long as necessary for the performance of the Contract, unless a longer retention period is authorized or required by a legal or regulatory provision and/or if the Customer has exercised one of the rights recognized by the applicable Personal Data protection regulations. The Customer has a right of access, modification, opposition, a right to be forgotten and deletion, as well as a right to restrict data processing concerning them. They can exercise these rights by sending an e-mail to N Lab at the following e-mail address: contact@nutrimuscle.com. The Customer (and the data subjects) also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), particularly on its website www.cnil.fr
ARTICLE 13. INTELLECTUAL PROPERTY
The Site is an original work protected by intellectual property rights and is the exclusive property of N Lab. No use of the name or trademarks belonging to N Lab may occur without its prior written consent. Any reproduction or representation, in whole or in part, of the Site, or of any of its elements, particularly the photos or names reproduced therein, on any medium whatsoever, for other purposes, and in particular commercial purposes, is expressly prohibited.
ARTICLE 14. DISPUTES AND DISPUTE RESOLUTION
14.1 Applicable Law: These general conditions as well as the relations between the Customer and N Lab are governed exclusively by French law.
14.2 Dispute Resolution
14.2.1. General Rule: Any dispute will fall under the jurisdiction of the French courts designated as competent in application of Article R.631-3 of the Consumer Code. However, prior to any recourse, the Customer is invited to contact N Lab's claims department to amicably resolve the dispute.
If no agreement is reached or if the Customer proves having first attempted to resolve their dispute directly with N Lab through a written complaint, the Customer may initiate an optional mediation procedure, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement.
Any Customer also has the possibility of using the European online dispute resolution platform accessible at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. Mediation not being mandatory, the Customer can withdraw from this amicable settlement process at any time. In the event that mediation fails or is not considered, the dispute in question will be brought by the most diligent party before the competent jurisdiction designated above.
14.2.2. Special Rule: When the Small Professional has the status of merchant or liberal profession, any dispute relating to Orders concluded in application of these GTC (in particular to the formation, execution or termination) or to the relationship between N Lab and the latter, will be subject to the exclusive jurisdiction of the Commercial Court of Paris (France). This clause applies even in the event of summary proceedings, incidental claims, multiple defendants or third-party claims, and regardless of the place and terms of payment.
