Terms of Sales

The website www.nutrimuscle.com (the “Site”) is published and operated by Nutrimuscle Europe, 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 (“Nutrimuscle”), 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” refers to a Client’s subscription to a business model allowing for recurring Orders of one or more Products, according to the shipping frequency determined by the Client. 
  • “GTC” refers to these General Terms and Conditions of Sale detailing the terms of use of the Site and the relationship between Nutrimuscle and any Client (Consumer and Small Professional); 
  • “Client” refers to any individual consumer, with or without an Account and/or placing one or more Orders. The Client is either an individual acting for purposes that are not part of their 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 purpose of the order does not fall within the scope of the professional's main activity (the “Small Professional”) 
  • “Order(s)” refers to the Client’s firm order(s) for the acquisition of one or more Product(s) available on the Site; 
  • “Account” refers to a Client’s personal space accessible with a specific and personal username and password for each Client, allowing in particular for placing Orders; 
  • “Content” refers to the content (texts, sounds, videos) posted on the Site by Nutrimuscle and belonging to it; 
  • “Contribution” refers to the content (reviews, texts, sounds, videos) posted on the forum by the User; 
  • “Personal Data” refers to 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 factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity; 
  • “Product(s)” refers to the organic food and sports nutrition product(s) and, more generally, the products offered for sale by Nutrimuscle via the Site; 
  • “Site” refers to the Nutrimuscle online store accessible from any internet-connected device (including mobile and tablet) at https://www.nutrimuscle.com/ from which Users can place an Order; 
  • “User” refers to any person, Client 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 all product sales concluded between Nutrimuscle Europe, 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 (hereinafter referred to as “Nutrimuscle”), and its Clients, individuals or legal entities, as defined in Article 1 (hereinafter “Client(s)”), placing an order for one or more Product(s) offered by Nutrimuscle ( “Products”) on its website (hereinafter “Site”). 

 

2.2. Application of the GTC: The fact that a Client places an order for one or more Product(s) implies their full and unreserved adherence to these GTC, which shall exclusively govern sales, to the exclusion of any other document, notably those emanating from the Client, such as their general terms and conditions of purchase. The Client acknowledges having read these GTC and declares to accept them without restriction or reservation. Nutrimuscle reserves the right, at its sole discretion, to modify the GTC at any time. Users who refuse the new GTC are free to no longer browse the Site. The GTC applicable to the current Order are those that the Client accepted when placing said Order or, unless subsequent express acceptance of the new GTC by the Client, when subscribing to the Subscription. No special condition can, unless formally and in writing accepted by Nutrimuscle, prevail over these GTC. 

The GTC are written in French. Translated versions into one or more languages are provided for information purposes only; only the French text shall be authoritative in the event of a dispute. 

 

2.3 Site Presentation: The Site offers Nutrimuscle brand Products for sale and allows any User, with or without an Account, to place Product Orders (one-time 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. Product Presentation: Products are presented by Nutrimuscle on the Site with all technical information and photographs and/or three-dimensional modeling of the Product concerned so that the potential Client is aware of the essential characteristics of the Product(s) they wish to purchase before placing an Order. Photographs and/or three-dimensional modeling accurately reproduce the Products, but minimal variations in the presentation of these Products do not engage Nutrimuscle's liability.  

 

3.2. Product Characteristics: Product characteristics may be modified at any time by Nutrimuscle, particularly regarding the composition of a Product or its packaging. Any substantial modification of a Product's characteristics will be indicated on the Site's Product page for a period of three (3) months and will be communicated by e-mail to Clients who have subscribed to a Subscription, prior to the shipment of their next Order from the marketing of the modified Products. Products comply with current French and European regulations concerning food supplements. 

 

ARTICLE 4. PLACING ORDERS 

 

4.1 Account Creation: To place an Order, the Client 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 Client must provide the information requested at the time of Account creation, as well as provide a username and password that they may choose under their responsibility.  

When creating an Account, once the Account has been definitively validated by Nutrimuscle, the Client receives a confirmation e-mail at the e-mail address provided during Account creation.  

 

The Client 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 via an Account will be deemed to have been carried out by the Client and under their sole responsibility. In the event of fraudulent use of the password and/or username, the Client undertakes to inform Nutrimuscle in writing as soon as possible. 

 

4.2 Order Placement 

 

4.2.1. To place an Order, the Client (or their representative) must be: 

  • A major 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 name and last name; 
  • Email address; 
  • Mobile phone; 
  • Postal address. 

 

4.2.3. The Client ensures that the email address remains valid during the execution of the Order and as long as the Account remains active. No Client may create or hold more than one Account. 
 

4.2.4. Orders are placed exclusively via the Site. To validate their Order, the User or Client must accept the GTC. The User or Client 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. The confirmation of the Order by the Client implies the choice of payment method and payment, if applicable.  

 

The Client will receive from Nutrimuscle by e-mail a summary acknowledgment of receipt of the essential elements of the Order, as well as confirmation of payment of the Order. Orders are final when they have been confirmed by full cash payment of the price by the Client. Nutrimuscle retains full ownership of the Products until full collection of all sums due by the Client within the framework of their Order (and, where applicable, any previous Order), including costs and taxes. 

 

4.3 Subscription 

 

4.3.1 The Client can subscribe to a Product Subscription, allowing for recurrent orders, for one or more Products and according to the shipping frequency determined by the Client via their Account, from a list of frequency choices offered, which may differ depending on the product. 

 

4.3.2 The Subscription is without commitment and is available for a selection of Product references. Creating an Account is necessary to subscribe to a Subscription. The Client must also register their bank card, the payment for the Subscription being made monthly (or according to the frequency selected by the Client) by direct debit. The Client guarantees the truthfulness, accuracy, and completeness of the information provided to Nutrimuscle and will be solely responsible for any errors, omissions, and updates of this information. The Client 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 Client will receive a notification and may modify their Order, for example by ordering a substitute Product or by canceling said due date.  

 

4.3.3 The Subscription can be modified at any time on the Client's Account. Any modification must be made at least fifteen (15) clear days before the next delivery date to be effective for that 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 subsequent 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 Client must cancel the current Subscription and subscribe to a new Subscription. 

 

4.4.4 The Subscription is concluded with a frequency of one month or two months at the client's choice and renewed on its anniversary date. An email is sent monthly for each renewal to the client to inform them of the renewal of their Subscription. The Client 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 01 89 71 01 22 from Monday to Friday from 9 am to 5 pm. Any non-renewal must be made at least fifteen (15) days before the next due date to be effective for that 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 client adhering to the loyalty program can benefit from the advantages described below, excluding the Small Professional client. The account and loyalty benefits are nominative, personal, and reserved for individual and non-professional use. Nutrimuscle reserves the right to modify the terms of membership in the Loyalty Program at any time. The Consumer client guarantees the accuracy of all information provided when creating the loyalty account and is solely responsible for any erroneous, incomplete, or outdated information. Nutrimuscle reserves the right to request at any time documents justifying the identity of the person wishing to join the Loyalty Program. Any membership containing incorrect, incomplete, or outdated information will not be taken into account.  

4.4.2. Operation: For each Order on the Site, the Consumer client 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 Client Account. The loyalty account and accumulated points cannot under any 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 client benefits from the following advantages: 

  • Loyalty point accumulation: Each euro spent on an Order generates a defined number of points. Other specific actions also allow the Consumer client to acquire loyalty points (consultable in the "Loyalty" section of the Account). In the event of an Order being canceled or refunded, the points awarded for said Order will also be canceled. 

Points are valid for one year from their credit to the loyalty account.  

  • Statuses: Access to a higher status level requires reaching a specific point threshold. Status progression details are available on the loyalty program page in the client area. The use of points by the Consumer client nevertheless allows them to accumulate points to access a higher status. Each status grants distinct advantages. Access to the range of Products available under 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): 

  • Initiated: 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 bestsellers and new arrivals. The range of available Products evolves over time, and it may be more or less extensive depending on the time of year. An automatic email will inform the Consumer client as soon as they reach a new status. The status remains valid as long as the required number of points for that status is maintained. 

    Use of Points: To redeem accumulated points, the Consumer client is invited to access the dedicated loyalty program area where the shop for available products is located. Each Product has a point value. It is imperative to have at least one paid Product in the cart to be able to redeem points. In case of cancellation or refund of an Order that has been the subject of point redemption for Products, the redeemed points will be restored. 

    4.5. RESALE 

    The products and/or services offered on the Site may not be repackaged and/or resold without Nutrimuscle’s prior written consent. 

    If you wish to become a partner and reseller of Nutrimuscle products, please send your request: 
    • either via the Site's contact form; 
    • or by email: Contact@nutrimuscle.com 

     

    ARTICLE 5. RIGHT OF WITHDRAWAL 

    5.1 Right of withdrawal: The Client 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 or day off, it is extended to the next working day. 
     
    In accordance with article L. 221-28 of the Consumer Code, the Client is informed that this right of withdrawal does not apply to Products unsealed by the Client after delivery, for reasons of hygiene or health protection. If the Client intends to exercise their right of withdrawal, they must inform Nutrimuscle before the expiry of the withdrawal period by registered mail with acknowledgment of receipt. Nutrimuscle will send the Client an acknowledgment of receipt of said withdrawal by email to the address indicated by the Client as soon as possible. 

    5.2 Return: In exercise of their right of withdrawal, the Client will return their package to Nutrimuscle, at the latest within fourteen (14) days following the sending of their decision to withdraw, to the corresponding address below:  

    Nutrimuscle Return Service CS 54414, 54414 LONGWY CEDEX 

     
    Return shipping costs and transportation risks are the responsibility of the Client. 

     

    5.3 Refund: If the right of withdrawal is validly exercised, Nutrimuscle will refund the Client no later than 14 days following the receipt of the Products found to be compliant with the Order and unsealed. Nutrimuscle reserves the right to re-invoice any Product offered via an offer proposed by Nutrimuscle, which would not have been returned by the Client when exercising their right of withdrawal, at the price of these Products in force on the Site on the day the right of withdrawal is exercised. 

     

    5.4 Exclusion of refund or exchange outside the legal right of withdrawal: Outside of the exercise of the legal right of withdrawal described in this article, Nutrimuscle does not replace or exchange ordered Products. 

     

    ARTICLE 6. DELIVERY 

     

    6.1 Delivery charges: Delivery charges are those indicated on the Site at the time of placing the Order or those indicated on this page.  

    Shipping costs include preparation and packaging fees as well as postage. 

    It is advisable to group all your items into a single order. We cannot group several separately placed orders; delivery fees 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 is entered and the delivery method is selected. 

     

     

    The Client is responsible for: 

    • 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 client provides their address, it being specified that Nutrimuscle can deliver worldwide; 
    • delivery costs and return costs related to an error in the delivery address; 
    • delivery and return costs following an expired retention period (8 days for Chrono Relais Points and 14 days for Post Offices), as well as redelivery costs if the Client wishes the Order to be delivered to them again. 

     

    Products are shipped Monday to Friday inclusive. No parcels are shipped on weekends or public holidays. Shipment can only take place if the Client has fulfilled their obligations to Nutrimuscle. 

     

    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 Order confirmation. No packages are delivered on weekends or public holidays. 

     

    If the Order is not delivered on the agreed date or within the aforementioned thirty (30) day period, the Client may instruct Nutrimuscle to deliver within an additional reasonable period which cannot be less than 4 days and not more than 10 days. In the event of failure to meet this new deadline, the Client has the right to cancel their Order. In this case, the Client will notify Nutrimuscle of such cancellation by email to contact@nutrimuscle.com or by mail to the address: 

    • For France: 

    Nutrimuscle -38 Rue de Berri – 75008 Paris – France_ 

    For the rest of the world: 

    Nutrimuscle - 38 Rue de Berri – 75008 Paris – France 

     

    6.3 Compliant Delivery: Upon receipt of their Order, the Client is required not to sign the delivery note until they have checked the condition of the packaging and the contents of the packages and the condition of the Products. 
     

    If the Products are damaged, the Client 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 Client to open them to check the good condition of the contents, the Client must note on the delivery note or on the electronic device (under "reservations"): "The delivery person refused to let me check the contents". 
    • If, during product verification, it appears that they have been damaged during transport, the Client must note their remarks (damaged packaging, suffered damage, conformity with the order, etc.) on the delivery note or on the electronic device (under "reservations"). 

     

    Any complaint about apparent defects or the non-conformity of the Product delivered compared to the information provided during the Product's presentation, as well as any damage related to transport, must be confirmed by the Client to Nutrimuscle within 48 hours of receipt of the Product, either by registered letter with acknowledgment of receipt to the following address: Nutrimuscle - 38 Rue de Berri – 75008 Paris – France 

    , or by email to the following address: contact@nutrimuscle.com 

    The Client must provide all justification regarding the reality of the non-conformities, damages, or defects found. Failing a complaint made within the aforementioned period and conditions, the delivered Products will be deemed to be compliant with the delivery and to be accepted by the Client (without prejudice to the exercise of the right of withdrawal). 

     

    By reporting the defect or non-conformity of the Product, the Client will obtain a return authorization from Nutrimuscle, specifying the address and terms of return of the Products. Once the return authorization is obtained, the Client reships the Products to Nutrimuscle at the address specified on the return authorization according to the indicated terms. Any Product reshipped without the agreement of Nutrimuscle will be refused and returned to the sender at the latter's expense and risk. To be validly returned to Nutrimuscle and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with their possible accessories, user manuals, and other documentation. 

     

    In the event that the Client returns the Product for a proven and confirmed defect in conformity by Nutrimuscle, the Client 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, return costs will be borne by Nutrimuscle by means of a return voucher or, failing that, by reimbursing the Client for the actual amount of said costs (proof of postage must be attached to the package; otherwise, no refund can be claimed by the Client). 

     

    ARTICLE 7. PRICES  

    Prices are communicated in euros based on the rate in force at the time of the Order, all taxes included, excluding delivery costs. The VAT rate applied is that in force in France. Nutrimuscle 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 INVOICING 

     

    8.1 Payment terms: The Client acknowledges that any order placement implies the obligation to pay Nutrimuscle. Payment for the Order is made exclusively in euros. 

    The payment terms are as follows:  

     

    • by credit card according to the details provided when placing the Order; 

     

    • by bank direct debit, according to the bank details provided by the Client 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 money order for metropolitan France and Monaco 
    • Check payable to Suppléments Distribution issued by a bank in metropolitan France and Monaco. The Client must mail the check with their order form, which they will have previously printed online from the Site, to: 

    Nutrimuscle – Customer service - 15 rue poissonnière 75002 Paris France 

     

    • By money order for metropolitan France and Monaco 

    Payment by money order payable to Nutrimuscle issued by La Poste française is possible. The Client must mail the money order, which they give to the postal worker, with the order form, which the Client will have previously printed online from the Site, to: Nutrimuscle – Customer service - 15 rue poissonnière 75002 Paris France 

     

    The Client certifies that they have the necessary authorizations to make the payment they select. Nutrimuscle reserves the right to refuse to honor the Order of a Client who has not paid all or part of a previous Order or with whom a payment dispute is ongoing. 

     

    8.2 Payment deadlines: Payment occurs upon placing the Order and within a maximum of ten (10) days from the Order. The order is shipped only when payment has been made. Nutrimuscle has the right 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 client receives a payment receipt by email at the email address indicated during their order. They can also request a copy of the invoice by directly contacting Nutrimuscle customer service. 

     

    ARTICLE 9. LIABILITY 

     

    9.1 Nutrimuscle's liability: Nutrimuscle's liability cannot under any circumstances be engaged in the event of non-performance or poor performance of contractual obligations attributable to the Client, particularly when placing their Order. Nutrimuscle cannot be held responsible, or considered to have failed in these General Terms and Conditions of Sale, for any delay or non-performance of one of its obligations described herein, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of French courts. Furthermore, it is specified that Nutrimuscle does not control websites that are directly or indirectly linked to the Site. Consequently, Nutrimuscle excludes all liability for the information published therein. 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. 

     

    Nutrimuscle is responsible for the Site but declines all liability for: 

    • any stock shortages that may occur during an Order; 
    • damage of any kind, whether material or 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 Clients and users of the Site due to their own fault. 

     

    Nutrimuscle reserves the right to cease online marketing of certain Products, without compensation and without notice. 

     

    9.2 Client's Responsibility: Clients are responsible for their choice of Products they wish to order, for placing the Order and for its payment. Users are responsible for: 

    • compliance with their legal and regulatory obligations; mere consultation of the Site does not relieve them of the need for informed, personalized advice, updated 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 guarantee and indemnify Nutrimuscle (as well as its affiliated entities, their officers, directors, employees, and agents) against any claim or demand, including attorney's fees, from a third party, due to the violation of the GTC, 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 Client 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). Nutrimuscle 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 with 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 said delivery. 

    In the case of a contract for the sale of goods incorporating 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 for 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, assembly instructions, or installation when the latter was carried out by them under the contract or 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 they become aware of the lack of conformity. 

     

    Article L. 217-4 of the Consumer Code: 

    The good conforms to the contract if it meets, in particular, the following criteria: 

    1° It corresponds to the description, type, quantity and quality, particularly concerning functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 

    2° It is fit for any special purpose sought by the consumer, brought to the seller's attention at the latest at the time of contract conclusion and accepted by the latter; 

    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 contractual conformity criteria, the good conforms if it meets the following criteria: 

    1° It is 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 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 supplied according to the latest version available at the time of the 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 supplied 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, taking into account the nature of the good and 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 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 the 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 contest conformity by invoking a defect concerning one or more particular characteristics of the good, 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 the conclusion of the contract. 

     

    Article L. 217-28 of the Consumer Code: 

    When the consumer requests from the guarantor, during the legal warranty period or the commercial warranty granted to them when acquiring or repairing a good, a repair covered by this warranty, any period of immobilization suspends the remaining warranty period until the delivery of the repaired good. 

    This period runs from the consumer's request for intervention or from the availability of the good in question 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 negotiations with a view to 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 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 given a lesser 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  

    Nutrimuscle provides a Client telephone service at the following number 01 89 71 01 22 available from Monday to Friday from 9 am to 5 pm. Any written complaint from the Client must be sent by mail to the following address: 

    For France and the rest of the world:  

    Nutrimuscle - 38 Rue de Berri – 75008 Paris – France 

    or by email to the following address: contact@nutrimuscle.com. 

     

    ARTICLE 12. PERSONAL DATA  

    Nutrimuscle implements personal data processing, for which it is responsible. Within the framework of its contractual relationship with the Client, Nutrimuscle 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 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 Client will only directly or indirectly provide Personal Data deemed necessary for the execution of the Contract, i.e., the following data: Names of interlocutors, Buyer's employees, Fixed and mobile phone numbers, Postal address, and email address. The Processing of the Client's Personal Data aims to execute the Contract. The Recipient of Personal Data is Nutrimuscle's 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. Nutrimuscle is authorized by the Client to transfer these 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, Nutrimuscle will adopt appropriate safeguards to carry out said international transfers in accordance with applicable legislation. Nutrimuscle retains the Client's Personal Data for as long as necessary for the execution of the Contract, unless a longer retention period is authorized or required by a legal regulatory provision and/or if the Client has exercised one of the rights recognized by applicable personal data protection regulations. The Client has a right to access, modify, object, 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 Nutrimuscle at the following e-mail address: contact@nutrimuscle.com. The Client (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 Nutrimuscle. No use of the name or trademarks belonging to Nutrimuscle 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 notably commercial purposes, is expressly prohibited. 
     

    ARTICLE 14. DISPUTES AND DISPUTE RESOLUTION 

     

    14.1 Applicable Law: These general terms and conditions as well as the relations between the Client and Nutrimuscle are governed exclusively by French law. 

     

    14.2 Dispute Resolution 

     

    14.2.1. General Rule: Any dispute will fall within the jurisdiction of the French courts designated as competent pursuant to Article R.631-3 of the Consumer Code. However, prior to any appeal, the Client is invited to contact Nutrimuscle's complaints department to settle the dispute amicably. 

     

    If no agreement is reached or if the Client proves having previously attempted to resolve their dispute directly with Nutrimuscle through a written complaint, the Client may initiate a voluntary mediation procedure, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement. 

     

    Any Client also has the possibility to use 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, stating the elements of the dispute. As 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 jurisdiction designated above. 

     

    14.2.2. Special Rule: When the Small Professional has the status of a 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 Nutrimuscle 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 an urgent application, incidental request, plurality of defendants, or third-party proceedings, and regardless of the place and methods of payment.  

     

    Updated: June 2024