Terms of Sales
The site www.nutrimuscle.com (the “Site”) is published by Finoli Nutrition, a single-member simplified joint-stock company (SASU) with a capital of € 11,800 whose head office is located at 38 Rue De Berri - 75008 Paris - France (“Finoli Nutrition ”), registered in the Paris Trade and Companies Register under number 845 402 494 represented by its Chairman, Alexandre Benamran.
The operation of the Site and the marketing of the Products are entrusted to the company Supplements Distribution, a private limited liability company with a capital of 18,600 euros, whose head office is located Zoning Industrielle 27, B-6790 - Aubange - Belgium (" Supplements Distribution ”) registered with the BCE under company number 0464.396.606, represented by its Manager, Alexandre Benamran
ARTICLE 1. DEFINITIONS
- "GTC" means these general conditions of sale detailing the conditions of use of the Site and the methods of placing Orders;
- "Customer" means any natural or legal person with or without an Account and / or making one or more Orders;
- "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 valid account of a Customer allowing the placing of Orders;
- "Content" means the content (texts, sounds, videos) posted on the Site by Supplements Distribution and belonging to it;
- "Contribution" means the content (texts, sounds, videos) posted on the forum by the User;
- "Personal Data" means any information (s) relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, a number identification, location data, an online identifier, or one or more specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity;
- "Privacy Policy" means the document drawn up by Supplements Distribution presenting the processing of Users' Personal Data and defining the corresponding rights accessible at the following address: privacy policy;
- "Product (s)" means the organic food and sports nutrition product (s) and more generally, the products offered for sale by Supplements Distribution via the Site;
- "Website" refers to the Supplements Distribution 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, Client or not, who visits or consults the Site.
ARTICLE 2. PRESENTATION OF THE GTC
2.1 Presentation of the Site
The Site offers Nutrimuscle brand products for sale, owned by Finoli Nutrition, and distributed by Supplements Distribution.
The Site allows each User to place Orders online and to register on the forum in order, in particular, to exchange information about the Products with other Users.
2.2 Applications of the GTC
The T & Cs determine the relations of Supplements Distribution with its Users and Customers.
By accessing the Site, Users acknowledge having read and understood the T & Cs and agree to be bound by them. The T & Cs are accepted by Customers when placing an Order and are available to Users at any time from the Site.
Supplements Distribution reserves the right at its sole discretion to modify the T & Cs at any time, the applicable T & Cs are those that the Customer accepted when placing the Order.
No particular condition can, except formal and written acceptance of Supplements Distribution, prevail against the GTC.
2.3 Duration
The T & Cs apply throughout the duration of the online posting of the forum as well as throughout the online posting of the Products offered by Supplements Distribution on the Site.
2.4 Revisions
Supplements Distribution reserves the right to modify the T & Cs at any time without notice. Any Order subsequent to the revision of the T & Cs implies acceptance of the new T & Cs by the Customer.
ARTICLE 3. PRODUCTS DISTRIBUTED ON THE SITE
3.1 Product Information
Supplements Distribution presents on the Site each Product for sale with all the technical information and the photography and / or three-dimensional modeling of the Product concerned so that the potential Customer knows the essential characteristics of the Product (s) he wishes to buy before placing the Order. .
The photographs and / or three-dimensional models of the Products are provided for illustrative purposes and are not contractual.
3.2 Characteristics
The characteristics of the Products may be modified without notice by Finoli Nutrition, in particular with regard to the recipe of a Product or its packaging.
ARTICLE 4. PRODUCT COMPLIANCE 4.1 Product conformity
The Products comply with the European regulations in force as regards vitamins, minerals and certain other substances in foodstuffs.
The Products are registered under the file number NUT / PL1094 with the Federal Public Service “Public Health, Safety of the Food Chain and Environment”.
4.2 Responsibility
Within the limits of the applicable legislation, Supplements Distribution declines all responsibility if the delivered Product does not comply with the legislation of the country of delivery.
ARTICLE 5. ORDERING PRODUCTS
5.1 Order taking
To place an Order, the Customer must be:
An adult natural person;
Be legally able to contract.
To place an Order, the User can use the Ordering method without creating an Account or create an Account:
Either by clicking on "register" on the home page of the Site;
Or by clicking on "create an account" when placing an Order.
In case of using the method of placing an Order without an Account, the User is informed that clicking on "Order" implies unreserved acceptance of the T & Cs.
The User must provide the following information:
Last name and first name ;
E-mail adress ;
Cellphone ;
Address.
The Customer ensures that the email address remains valid as long as the Account remains active. No Client can create or hold more than one Account.
Once this information has been filled in, the Customer must choose the delivery method. Once the delivery method has been chosen, the Customer is informed that clicking on "Pay now" implies full acceptance of the T & Cs.
Once the Account has been definitively validated by Supplements Distribution, Customers will receive a confirmation email on the email address sent when creating the Account.
To finalize an Order, the Customer must:
Select one or more Products and their quantity, which he places in his basket by clicking on the "add to basket" button;
Accept the T & Cs before making online payment for your Order;
Enter the delivery address for your Order.
Before validating the Order, the Customer is invited to check the content of his basket, its price and to correct any errors.
Confirmation of the Order by the Customer will result in the choice of payment method and payment, if applicable.
The Customer will receive from Distribution Supplements by email to the email address associated with his Account a summary receipt of the Order, as well as confirmation of payment for the Order.
Orders are final when they have been confirmed by full and cash payment.
5.2 Ownership
Supplements Distribution retains full and entire ownership of the Products until full collection of all sums owed by the Customer in connection with his Order (and, where applicable, any previous Order), including costs and taxes.
5.3 Prices and VAT
The prices are communicated in euros on the basis of the price in force at the time of the Order, subject to any entry errors or modification of the VAT rate, and excluding shipping costs.
The prices indicated for each of the Products are expressed in euros net, all taxes included (TTC).
The VAT rate applied is that in force in Belgium. Subject to the applicable thresholds in European Union countries, the VAT rate applied may be that of the European Union countries in which the Products are sold.
The prices of the Products intended for the Overseas Departments and Regions and Overseas Communities (the "DROM and COM") of France will be exclusive of tax in the final Order with shipping costs.
Supplements Distribution reserves the right to modify its prices at any time and without notice, it being understood, however, that the price mentioned on the Site when the Order is placed will be the only one applicable.
5.4 Assignment of Order
The benefit of the Order is personal to the Customer and cannot be transferred without the agreement of Supplements Distribution.
ARTICLE 6. SHIPPING COSTS
6.1 Shipping costs Belgium, France, Corsica and Monaco
The shipping costs as well as the relay point shipping costs to Belgium, France, Corsica and Monaco are free for packages weighing less than 20 kg.
Without prejudice to the above, the Customer may choose home delivery. In this case, the shipping costs will be borne by the Customer and indicated before the validation of the Order.
The Customer is informed that he can also view the amount of shipping costs on this page.
6.2 Shipping costs for the French overseas departments and territories and the postal sectors
The shipping costs applied are those of the Colissimo Expert Outre-Mer rate from French La Poste in force on the date of the Order, depending on the weight of the package.
6.3 Shipping costs for Luxembourg, the Netherlands and Germany
The shipping costs as well as the home delivery costs in Luxembourg, the Netherlands and Germany are the responsibility of the Customer and indicated before the validation of the Order.
The Customer is informed that he can also view the amount of shipping costs on this page.
6.4 Shipping costs for all other countries
The shipping costs applied are those of the Belgian Post Bpack World Business tariff in force on the date of the Order, depending on the weight of the package, excluding customs charges.
Customs charges or other local taxes that may be required will be the sole responsibility of the Customer and are his sole responsibility, in particular for the declaration and payment. The Customer is invited to inquire with his local authorities prior to the Order.
6.5 Shipping and return costs
The shipping costs linked to an error in the delivery address become the responsibility of the Customer as well as the return costs.
Return costs resulting from the expired storage period (8 days for Chrono Relais Points and 14 days for Post Offices) are the responsibility of the Customer as well as the re-shipment costs.
6.6 Shipping
Shipping is carried out from Monday to Friday inclusive as soon as possible after receipt of the order form and full payment. No packages are shipped on weekends and holidays.
Shipping can only take place if the Customer is up to date with its obligations to Supplements Distribution.
For Belgium:
By Bpost in Wallonia in 2 to 3 days, either to a personal or professional address, or to a Post Office or a Post Point of the Customer's choice.
For mainland France and Monaco:
By Chronopost to your attention either to a personal or professional address, or to a Post Office or a Chrono Relais Point of the Customer's choice.
For Corsica, Luxembourg, Holland and Germany:
By Bpost in 3 to 5 days at your home in Bpack World Business.
For the French overseas departments and territories and the postal sectors:
By French Post in 5 to 8 days at your home by Colissimo Expert Outre-Mer.
For all other countries:
By Bpost in 5 to 8 days at your home in Bpack World Business.
ARTICLE 7. TERMS OF PAYMENT
7.1 Method of payment
The Customer acknowledges that any ordering involves the obligation to pay Distribution Supplements. Payment for the Order is made exclusively in euros.
7.2 Online 7 days a week - 24 hours a day
The following payment methods are available on the Site:
Bank cards: Blue, Visa, Eurocard, Mastercard, Maestro through the payment provider Stripe;
Paypal.
7.3 By bank transfer
For mainland France and Monaco:
CCM HERSERANGE LONGLAVILLE
IBAN: FR76 1027 8043 1300 0201 6140 122
BIC: CMCIFR2A
For all other countries:
ING ARLON
IBAN BE97 3200 1340 3349
BIC BBRUBEBB
7.4 By check for mainland France and Monaco
Check payable to Supplements Distribution issued by bank in mainland France and Monaco.
The Customer must mail the check with his order form, which he will have previously printed online from the Site, by mail to:
Nutrimuscle - Customer service
58 rue de Châteaudun
75009 Paris France
7.5 By cash mandate for mainland France and Monaco
Payment by money order payable to Supplements Distribution issued by French Post is possible.
The Customer must post the money order that he gives the postman with the order form, which the Customer will have previously printed online from the Site, by mail to:
Nutrimuscle - Customer service
56 rue de Châteaudun
75009 Paris France
7.6 Authorizations
The Customer certifies that he has the necessary authorizations to make the payment he selects. Supplements Distribution 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.
ARTICLE 8. INVOICING
An invoice is established for each Order and placed in the package with the Product (s) ordered and sent in the Order confirmation email.
ARTICLE 9. DELIVERY TERMS
9.1 Delivery
Distribution Supplements packages travel under the guarantee conditions of Bpost, Chronopost and Colissimo Expert de La Poste.
No packages are delivered on weekends and holidays.
9.2 Delivery times
Delivery by Chronopost is carried out from Monday to Friday inclusive. No packages are delivered on public holidays.
The deadlines indicated in the GTC are the conditions of the carriers.
Subject to a delivery date agreed between the Customer and Supplements Distribution in writing, the Order will be delivered, at the latest, within thirty (30) days of the Order confirmation.
If the Order is not delivered on the agreed date or within thirty (30) days, the Customer is informed that he can order Supplements Distribution to make delivery within an additional period. In the event of a breach, the Customer has the option of terminating his Order. In this case, the Customer will inform Supplements Distribution by email at contact@supplementsdistribution.com or by post at:
- For France :
NUTRIMUSCLE
CS 51454
54414 Longwy Cedex
France
- For the rest of the world:
NUTRIMUSCLE
Zoning Industrielle 27
6790 Aubange
Belgium
9.3 Customer responsibility
The Customer ensures the validity of the delivery address entered in his Order.
9.4 Products damaged during transport
Upon receipt of his Order, the Customer is advised not to sign the delivery slip before having checked the contents of the packages and the condition of the goods.
If the delivery person does not let the Customer open them to see that the contents are in good condition, the Customer must note on the delivery slip or on the electronic box ("reservations" button): "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 is advised to write down his comments on the delivery slip or on the electronic box (“reservations” button).
The Customer must then inform Supplements Distribution and request an exchange with a new Product or a refund of the Product (s).
9.5 Guarantees
In the event of packages found to be damaged in the package tracking or upon receipt of the Customer's request, Supplements Distribution will reship all or part of the damaged products free of charge to the Customer.
ARTICLE 10. REPLACEMENT OR EXCHANGE
Supplements Distribution does not replace or exchange its items.
ARTICLE 11. WITHDRAWAL
11.1 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, it is extended until the next working day.
In accordance with article VI.53 5 ° of the Code of Economic Law, the Customer is informed that this right of withdrawal does not exist for sealed Products, opened after delivery and non-returnable by the Customer for reasons of hygiene and / or health protection.
Before the expiry of the withdrawal period, the Customer must inform Supplements Distribution using this form.
11.2 Return
The Customer will return his package to Supplements Distribution, at the latest within fourteen (14) days following the sending of his decision to withdraw, to one of the 2 addresses below:
Parcel delivered in WALLONIA and in all other countries:
NUTRIMUSCLE
Zoning Industrielle 27
6790 Aubange
Belgium
Parcel delivered in France, Monaco, in the French overseas departments and territories and in the postal sectors:
NUTRIMUSCLE
CS 51454
54414 Longwy Cedex
France
Return costs and transport risks are the responsibility of the Customer.
11.3 Refund
In the event of withdrawal, Supplements Distribution will reimburse the Customer no later than 14 days following receipt of the Products found to comply with the Order and not opened.
Supplements Distribution reserves the right to re-invoice any product offered through an offer proposed by Supplements Distribution that has not been returned upon withdrawal at the list price of these Products.
ARTICLE 12. RESPONSIBILITIES
12.1 Responsibility of Supplements Distribution
Finoli Nutrition and Supplements Distribution are responsible for the Site but decline any responsibility for:
any shortage of stocks that may occur during an Order;
damage of any kind, whether material or immaterial, which could result from improper use of the identifier or of the procedure for placing an Order;
a risk inherent in the use of the Internet network such as loss of data, intrusion, virus, interruption of service or any other similar risk;
any damage caused to Customers and users of the Site due to their fault.
Supplements Distribution reserves the right to stop the online marketing of certain Products, without compensation and without notice.
12.2 Liability of Customers
Customers are responsible for choosing the Products they wish to order, for placing the Order and for its payment.
Users are responsible for:
compliance with their legal and regulatory obligations, simple consultation of the Site does not exempt them from informed, personalized and up-to-date advice on legislative developments;
Orders placed on the Site;
their access and use of the Site;
obtaining and maintaining all the equipment necessary to access the Site;
the compatibility of their equipment with the Site.
Users will guarantee and indemnify Supplements Distribution (as well as its affiliated entities, their officers, directors, employees and agents) from any claim or demand, including attorneys' fees, of a third party due to the violation of the T & Cs, of their misuse of the Site or the violation of any law or the rights of a third party.
ARTICLE 13. LACK OF CONFORMITY AND HIDDEN DEFECTS
In accordance with articles 1641 and 1649 quater of the Civil Code, the Products benefit from the legal guarantees of conformity and hidden defects.
The Customer has a period of two (2) years from the delivery of the Products to act as a legal guarantee of conformity or in default of hidden defects.
The Products will be returned in accordance with the return procedure mentioned in Article 11 of the GTC.
If the return is accepted, the Customer may request repair or replacement of the Product, or if these are impossible, the resolution of the sale or a reduction in the sale price for the Products affected by hidden defects.
The return costs will be borne by Supplements Distribution, who will send the Customer, after having been informed of the exercise of his rights, the information allowing the return of the Products.
ARTICLE 14. PROTECTION OF PRIVACY
Supplements Distribution undertakes to collect and process the personal data of Customers in accordance with the Privacy Policy accessible on this page: Privacy Policy.
ARTICLE 15. INTELLECTUAL PROPERTY
Users and Customers of the Site are authorized to use the Site in accordance with the GTC.
The Site is an original work protected by intellectual property rights and is the exclusive property of Supplements Distribution.
No use of the name or brands belonging to Supplements Distribution may take place without its prior written consent.
Any reproduction or representation, in whole or in part, of the Site, or of one of its elements, on any medium whatsoever, for other purposes, and in particular commercial, is expressly prohibited.
Supplements Distribution does not control the content, advertising, products or services available on or from sites linked to its Site.
ARTICLE 16. DISPUTES AND JURISDICTION
In the event of a dispute or complaint, the Customer is informed that he can contact the Belgian consumer mediation service at the following address: https://mediationconsommateur.be.
The Customer is informed that the European Union has set up an online platform for the settlement of disputes between consumers and professionals participating in online contracts. The Client can access this platform at the following address: https://ec.europa.eu/consumers/odr/main/.
TO THE LIMITS PROVIDED FOR BY APPLICABLE LAW, ANY DISPUTE REGARDING THE VALIDITY, INTERPRETATION OR NON-EXECUTION OF THE GTCS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE JURISDICTIONS OF THE COURT OF APPEAL OF ARLON, INCLUDING IN THE EVENT OF AN APPEAL IN WARRANTY OR OF PLURALITY OF DEFENDANTS.