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The benefits of maltodextrin What is Waxy Maize? Recipe: Oatmeal PancakesThe website www.nutrimuscle.com (the “ Site ”) is published and operated by N Lab, a simplified joint stock company (SAS) with capital of 13,256.22 euros, whose registered office is located at 38 Rue de Berri – 75008 Paris – France (“ N Lab ”), registered in 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 a Customer’s subscription to a business model that allows for the placing of recurring Orders for one or more Products, at a shipping frequency determined by the Customer.
“ GTC ” means these General 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 who is a consumer, whether or not they have an Account and/or who places one or more Orders. The Customer is either a natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity and who places an order with the Company (the " Consumer ") or a professional legal entity who employs a maximum of 5 employees and when the purpose of the order does not fall within the scope of the professional's main activity (the " Small Professional ").
“ Order(s) ” means the Customer’s firm order(s) for the acquisition of one or more Product(s) available on the Site;
“ Account ” means a Customer’s personal space accessible with a specific username and password personal to each Customer, allowing in particular the placing of Orders;
“ Content ” means the content (texts, sounds, videos) posted on the Site by N Lab and belonging to it;
“ Contribution ” means the content (opinions, texts, sounds, videos) posted online 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 their 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 the address 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 General Terms and Conditions: 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 capital of 13,256.22 euros, whose registered office is located at 38 Rue de Berri - 75008 Paris - France, registered in the Paris Trade and Companies Register under number 845 402 494, (hereinafter referred to as " N Lab "), and its Customers, natural or legal persons and 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 T&Cs: The fact that a Customer places an order for one or more Product(s) implies their full and unconditional acceptance of these T&Cs, which alone will govern sales, to the exclusion of any other document, in particular emanating from the Customer, such as their general terms and conditions of purchase. The Customer acknowledges having read these T&Cs and declares that they accept them without restriction or reservation. N Lab reserves the right, at its sole discretion, to modify the T&Cs at any time. The User who refuses the new T&Cs is free to no longer browse the Site. The T&Cs applicable to the current Order are those that the Customer accepted when placing said Order or, unless the Customer subsequently expressly accepts the new T&Cs, when subscribing to the Subscription. No special condition may, unless formally accepted in writing by N Lab, prevail over these T&Cs.
The T&Cs are written in French. Versions translated into one or more languages are for information purposes only; only the French text shall be authentic in the event of a dispute.
2.3 Presentation of the Site : The Site offers for sale Products of the N Lab brand and allows each User who has created an Account or not to place Orders for Products (one-off or Subscription) online and to register on the forum in order, in particular, to exchange information concerning the Products with other Users.
ARTICLE 3. PRODUCTS
3.1. Presentation of the Products : The Products are presented by N Lab on the Site with all the technical information and the photograph and/or three-dimensional modeling of the Product concerned so that the potential Customer knows the essential characteristics of the Product(s) he/she wishes to purchase before placing an Order. The photographs and/or three-dimensional models faithfully reproduce the Products but minimal variations in the presentation of these Products do not engage the responsibility of N Lab.
3.2. Product Characteristics: The characteristics of the Products may be modified at any time by N Lab, in particular with regard to the composition of a Product or its packaging. Any substantial modification of the characteristics of a Product 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 dispatch of their next Order from the marketing of the modified Products. The Products comply with the French and European regulations in force regarding food supplements.
ARTICLE 4. PLACING ORDERS
4.1 Creation of an Account : To place an Order, the Customer may (i) either use the Order placement method without creating an Account (ii) or 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 when creating the Account, as well as provide a username and password that he may choose under his responsibility.
When creating an Account, once the Account has been definitively validated by N Lab, the Client receives a confirmation email to the email address provided when creating the Account.
The Customer undertakes to take all necessary precautions to ensure the confidentiality, security and correct use of his/her username and password, in order to prevent them from being disclosed or used by a third party. Any connection to an Account and/or transmission of data made through an Account will be deemed to have been made by the Customer and under his/her 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 his representative) must be:
A natural person of full age; and
Be 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 ;
E-mail address ;
Mobile phone;
Mailing 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 made exclusively through the Site. In order to validate his Order, the User or Customer must accept the General Terms and Conditions. The User or Customer has the possibility to check the details of his order and its total price and to correct any errors of choice or writing before definitively validating his Order. The confirmation of the Order by the Customer implies the choice of the payment method and the payment, if applicable.
The Customer will receive from N Lab by email an acknowledgement of receipt summarizing the essential elements of the Order, as well as confirmation of payment of the Order. Orders are final when they have been confirmed by the cash and full payment of the price by the Customer. N Lab retains full ownership of the Products until full collection of all sums owed by the Customer under his Order (and where applicable any previous Order), including costs and taxes.
4.3 Subscription
4.3.1 The Customer may subscribe to a Product Subscription, allowing recurring orders to be set up, 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 be different depending on the product.
4.3.2 The Subscription is without obligation and is available on a selection of Product references. The creation of an Account is necessary to subscribe to a Subscription. The Customer must also register his bank card, the payment of the Subscription being 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 error, omission and updating 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 deadline, the Customer will receive a notification and may modify his Order, for example by ordering a substitute Product or by deleting said deadline.
4.3.3 The Subscription may 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 said deadline. Otherwise, the Subscription contract will be modified for the following deadline. The delivery date may be temporarily modified for the following month, but this modification remains exceptional and specific to this 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 terminate 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 at each renewal to the customer to inform him of the renewal of his Subscription. The Customer may decide not to renew the Subscription directly and free of charge via the functionality provided for this purpose on his Account, or by email to contact@nutrimuscle.com or by telephone on 01 89 71 01 22 from Monday to Friday from 9 a.m. to 6 p.m. Any non-renewal must be made at least fifteen (15) days before the next deadline to be effective for said deadline. Otherwise, the contract will be terminated for the following deadline.
4.4 Consumer Loyalty Program
4.4.1 Membership : Membership of the Loyalty Program (named: "NM Club") is free and is 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 the advantages linked to loyalty are nominative, personal and reserved for individual and non-professional use. N Lab reserves the right to modify the conditions of membership of the Loyalty Program at any time. The Consumer customer guarantees the accuracy of all information provided when creating the loyalty account and is solely responsible for any incorrect, incomplete or obsolete information. N Lab reserves the right to request documents at any time proving the identity of the person wishing to join the Loyalty Program. Any membership containing incorrect, incomplete or obsolete information will not be taken into account.
4.4.2. Operation: With each Order on the Site, the Consumer customer accumulates points that allow him to benefit from the advantages detailed below. Points are accumulated upon creation of the loyalty account and are accessible on the Customer Account. The loyalty account and the points accumulated may not under any circumstances be used as a means of payment. Loyalty points have no monetary value and cannot be transferred.
4.4.3 Benefits : 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 (available in the “Loyalty” section of the Account). In the event of cancellation or refund of an Order, the points awarded for said Order will also be cancelled.
Points are valid for 6 months from the time they are credited to the loyalty account.
Status: Access to a higher status level requires reaching a specific threshold of points. The terms of status progression are available on the page dedicated to the loyalty program located in the customer area. The use of points by the Consumer customer nevertheless allows him to accumulate his 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 reached (the number of products below is given for information purposes only and may be modified and changed):
Initiated: choice of 10 products
Determined: choice among 20 Products
Relentless: choice of 30 products
Caption: PREMIUM selection of 50 Products
These Products include bestsellers and new products. The range of available Products changes over time, it may be more or less important depending on the time of year. An automatic email will inform the Consumer customer as soon as he reaches a new status. The status remains valid as long as the number of points required for this status is maintained.
Use of Points: To exchange the 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 value in points. It is imperative to have at least one paid Product in the basket to be able to exchange points. In the event of cancellation or refund of an Order for which points have been exchanged for Products, the exchanged points will be returned.
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 would like to become a partner and reseller of N Lab products, please send your request to:
• either via the Site’s contact form;
• either 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 Products ordered. If the period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next working day.
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 his right of withdrawal, he must inform N Lab before the withdrawal period expires by registered letter with acknowledgment of receipt. N Lab will send the Customer an acknowledgment of receipt of said withdrawal as soon as possible by email to the address indicated by the Customer.
5.2 Return : In application of its right of withdrawal, the Customer will return its package to N Lab, at the latest within fourteen (14) days following the sending of its decision to withdraw, to the corresponding address below:
Nutrimuscle Return Service CS 54414, 54414 LONGWY CEDEX
The return costs and transport risks are the responsibility of the Customer.
5.3 Reimbursement : If the right of withdrawal is validly exercised, Nutrismuscle will reimburse the Customer no later than 14 days following receipt of the Products found to be in accordance with the Order and unopened. N Lab reserves the right to re-invoice any Product offered via an offer proposed by N Lab, which have not been returned when the Customer exercises his right of withdrawal, at the price of these Products in effect on the Site on the day the right of withdrawal is exercised.
5.4 Exclusion of reimbursement or exchange outside the legal right of withdrawal : Apart from exercising the legal right of withdrawal described in this article, N Lab does not replace or exchange the Products ordered.
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 in one order. We cannot group several orders made separately, delivery charges apply to each of them.
Package dimensions are optimized based on the contents of your order and your items are protected. You can simulate the shipping cost calculation when placing your order. The costs will be indicated once your destination address has been entered and the delivery method selected.
The following are the responsibility of the Customer:
delivery costs when the conditions for free delivery are not met. or for destinations other than those indicated in the list of country choices on the page where the customer indicates his address, it being specified that N Lab can deliver worldwide;
delivery costs and return costs related to an error in the delivery address;
the delivery and return costs following the expired storage period (8 days for Chrono Relais Points and 14 days for Post Offices), as well as the re-delivery costs if the Customer wishes the Order to be delivered to them again.
The Products are shipped 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 its obligations towards 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 after 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 order N Lab to make the delivery within a reasonable additional period of time which may not be less than 4 days and more than 10 days. In the event of failure to meet this new deadline, the Customer has the right to cancel his Order. In this case, the Customer will notify N Lab of such cancellation by email to the address 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 Delivery in accordance with the order : Upon receipt of the 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 with a new Product or a refund of the Product(s) concerned if he has indicated the following reservations at the time of delivery:
If the delivery person does not let the Customer open them to check the 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, when checking the Products, it appears that they have been damaged during transport, the Customer must note their comments (damaged packaging, damage suffered, 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 Product delivered in relation to the information given during the presentation of the Product, as well as any damage linked to transport, must be confirmed by the Customer to N Lab within 48 hours following 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, damage or defects noted. In the absence of a complaint made within the aforementioned time limit and conditions, the Products delivered will be deemed to be compliant with the delivery and to be 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 will reship the N Lab Products to the address specified on the return authorization according to the terms indicated. Any Product reshipped without the agreement of N Lab 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 any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by N Lab, the Customer must use the same delivery method for returning the Products as that chosen for shipping the Products ordered. In this context, the return costs will be covered 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 shipping costs must be attached to the package; in the absence of proof, no reimbursement may be required by the Customer).
ARTICLE 7. PRICE
Prices are communicated in euros based on the rate in effect at the time of the Order, all taxes included, excluding delivery costs. The VAT rate applied is that in effect 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 said Order.
ARTICLE 8. PAYMENT AND BILLING
8.1 Payment terms : The Customer acknowledges that any placing of an Order implies the obligation to pay N Lab. Payment for the Order is made exclusively in euros.
The payment terms are as follows:
by bank card according to the contact details provided when placing the Order;
by 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 direct debit is the only payment method accepted in the event of subscribing to a Subscription;
by bank transfer using the following bank details:
IBAN: FR76 1513 5090 1708 0029 2720 436
BIC: CEPAFRPP513
By money order for mainland France and Monaco
Payment by money order payable to N Lab issued by the French Post Office is possible. The Customer must post the money order that he gives to the postman with the order form, which the Customer will have previously printed online from the Site, by mail to: Nutrimuscle – Customer Service - 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 fully or partially paid a previous Order or with whom a payment dispute is in progress.
8.2 Payment deadlines : Payment is made when the Order is placed and within a maximum period of ten (10) days from the Order. The order is shipped only when payment is made. N Lab is entitled to suspend delivery of a Product for which it has not received payment.
8.3 Invoicing : An invoice is established for each Order, the customer receives a payment receipt by email to the email indicated when ordering, he can also request a copy of the invoice by contacting N Lab customer service directly.
ARTICLE 9. LIABILITY
9.1 Liability of N Lab : N Lab shall not be held liable in any way for non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their Order. N Lab shall not be held liable, or considered to have failed hereunder, for any delay or non-performance of one of its obligations described in these General Terms and Conditions, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals. It is also specified that N Lab does not control the websites that are directly or indirectly linked to the Site. Consequently, N Lab excludes any liability for the information published there. Links to third-party websites are provided for information 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 declines all responsibility for:
any stock shortages that may occur during an Order;
damages of any nature, both material and immaterial, which could result from improper use of the identifier or the method of placing an Order;
a risk inherent in the use of the Internet network such as loss of data, 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 the online marketing of certain Products, without compensation and without notice.
9.2 Customer Responsibility : Customers are responsible for choosing the Products they wish to order, placing the Order and paying for it. Users are responsible for:
compliance with their legal and regulatory obligations, simple consultation of the Site does not exempt them from informed, personalized advice that is up to date with legislative developments;
Orders placed on the Site;
their access to 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 indemnify and hold harmless N Lab (and its affiliated entities, their officers, directors, employees and agents) from any claim or demand, including attorneys' fees, or from a third party, arising from the violation of the T&Cs, their misuse or the Site or the violation 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 thing sold (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 comply with the contract and the criteria set out in Article L. 217-5.
It is 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 two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this 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 shall be liable for any lack of conformity of such digital content or digital service which appears during the period in which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same time periods, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps 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 limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.
Article L. 217-4 of the Consumer Code:
The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use 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 It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L. 217-5 of the Consumer Code:
I.- In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses 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 it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6°It corresponds 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 good as well as to the 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 declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of conclusion of the contract, the public statements had been rectified in conditions comparable to the initial statements; or
3° That the public statements could not have had any influence on the purchasing decision.
III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
Article L. 217-28 of the Consumer Code:
When the consumer requests from the guarantor, during the course of the legal guarantee or the commercial guarantee granted to him upon the acquisition or repair of a good, a repair covered by this guarantee, any period of immobilization suspends the guarantee which remained to run until delivery of the repaired good.
This period runs from the consumer's request for intervention or the provision for repair or replacement of the goods in question, if this starting point proves more favourable to the consumer.
The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement.
10.2 Legal guarantee against hidden defects
Article 1641 of the Civil Code:
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648, first paragraph of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 11. COMPLAINTS – CUSTOMER SERVICE
N Lab provides the Customer with a Customer telephone service at the following number 01 89 71 01 22 available from Monday to Friday from 9 a.m. to 6 p.m. 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. As part 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 27 April 2016 on the protection of individuals 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 6 January 1978 in its latest version in force. The terms beginning with a capital letter in this article have the meaning attributed to them by the applicable regulations on the protection of Personal Data. The Customer will only provide directly or indirectly the Personal Data considered necessary for the performance of the Contract, namely the following data: Names of the Buyer's contacts, agents, Landline and mobile telephone numbers, Postal address and email address. The purpose of the Processing of the Client's Personal Data is the execution of the Contract. The Recipient of the Personal Data is the staff of N Lab, 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 the Personal Data within the limits of the Processing Purposes. N Lab is authorized by the Client to transfer this personal data to any company in its group.
In the event that the Client's personal data is accessible from countries that do not offer an adequate level of protection, N Lab will adopt appropriate guarantees in order to carry out said international transfers in accordance with the applicable legislation. N Lab retains the Client's Personal Data for as long as necessary for the performance of the Contract, unless a longer retention period is authorized or imposed by a legal regulatory provision and/or if the Client has exercised one of the rights granted to him by the applicable regulations on the protection of Personal Data. The Client has a right of access, modification, opposition, a right to be forgotten and deletion as well as a right to limit the processing of data concerning him. He can exercise them by sending an e-mail to N Lab at the following e-mail address: contact@nutrimuscle.com. The Client (and the persons concerned) also has the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL), in particular 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, in particular 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 Client and N Lab are governed exclusively by French law.
14.2 Dispute Resolution
14.2.1. General rule : Any dispute will be the responsibility of the French courts designated as competent pursuant to Article R.631-3 of the Consumer Code. However, prior to any appeal, the Customer is invited to contact the N Lab complaints department to settle this dispute amicably.
If no agreement is reached or if the Customer proves that they have previously attempted to resolve their dispute directly with N Lab by means of a written complaint, the Customer may initiate an optional mediation procedure, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement.
Any Customer also has the option 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. Since mediation is not mandatory, the Client may 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 court designated above.
14.2.2. Special rule: When the Small Professional has the status of a trader or liberal profession, any dispute relating to the Orders concluded in application of these General Terms and Conditions (in particular the formation, execution or termination) or 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.