1. APPLICATION OF THE GENERAL TERMS & CONDITIONS
1.1. Scope of application: These general terms and conditions of sale (hereinafter the 'Terms & Conditions') govern, without restriction or reservation, all sales of products (hereinafter the 'Products'), concluded on the merchant website available at the following URL: www.nutrisolution.fr (hereinafter the 'Site'), between the company NUTRISOLUTION.FR, registered with the Paris RCS under number 835050485, having its registered office at 66 Avenue des Champs-Elysées 75008 Paris (hereinafter 'NUTRISOLUTION.FR') and any consumer as defined by French law and case law (hereinafter the 'Client').
NUTRISOLUTION.FR reserves the right to unilaterally amend or modify these Terms & Conditions at any time without notice. The version of the Terms & Conditions applicable to the sale of Products is the one appearing on the Site at the date the Client places the order. These Terms & Conditions are drafted in French.
1.2. Acceptance of the Terms & Conditions: These Terms & Conditions are accessible to Clients and more generally to any internet user directly by clicking on the 'Terms & Conditions' link on all pages of the Site. The order of Products by the Client implies full and unreserved adherence to these Terms & Conditions. No specific condition can prevail over these Terms & Conditions.
2. DESCRIPTION AND AVAILABILITY OF PRODUCTS
2.1. Description of Products: NUTRISOLUTION.FR offers the Customer the opportunity to order and acquire its range of food supplement Products more fully described on the Site. The Products available for sale are those appearing on the Site on the day of the order. Information relating to the essential characteristics of each Product is accessible on the Site (photographs, specifications, description of Products, etc.). The characteristics and visuals are not contractually binding but are as accurate as possible. They cannot ensure perfect similarity with the Product. NUTRISOLUTION.FR undertakes to deliver to the Customer the Products indicated on the order confirmation.
2.2. Availability of Products: NUTRISOLUTION.FR reserves the right to withdraw at any time one or more Product(s) offered for sale on the Site and to replace or modify any information relating to the Products. Orders will be fulfilled within the limits of available stock. In the event of unavailability of Products, NUTRISOLUTION.FR undertakes to inform the Customer as soon as possible by email at the email address provided by the Customer when placing the order on the Site. The Customer may cancel the order and be refunded as soon as possible by NUTRISOLUTION.FR.
3. PRODUCT PRICES
The prices of Products invoiced are those appearing on the Site at the time the order is validated by the Customer. Prices are stated in euros inclusive of all taxes.
Delivery charges are payable by the customer in the case of an order for a single bottle. This price is stated on the site. For orders of more than one bottle, delivery charges are free, as indicated on the site. Product prices do not in any way constitute offers capable of binding NUTRISOLUTION.FR beyond the date on which the order was placed. NUTRISOLUTION.FR reserves the right to modify its prices at any time and without notice.
4. ORDERS
4.1. Placing orders for Products: Placing an order on the Site is subject to compliance with the procedure established by NUTRISOLUTION.FR comprising successive steps leading to validation of the order. In order to place an order for Products on the Site, the Customer reads or views a text or video describing the Products. By clicking on 'Next step', the Customer accesses a second page enabling them to select the number of Products they wish to purchase and to add them to the electronic basket (hereinafter, the 'Basket') by clicking on the 'ORDER' button.
An order summary is displayed, recapping all the order information relating to the quantities of Products selected, the price of the Products and any associated delivery charges. The Customer is then invited to provide their surname and first name, email address and delivery address. On the same page, the Customer must choose their payment method (by bank card via the PayPal or Paybox or Stripe or Dalenys interface). If the Customer chooses to pay for the Products via PayPal, they will be directed to the PayPal interface page on which they must (i) either enter their PayPal login details or (ii) enter their bank details directly. If the Customer chooses to pay for the Products directly by bank card, they will be directed to the Paybox or Stripe or Dalenys interface page on which they must enter their bank details.
4.2. Payment for Products: Products are payable when ordering on the Site. No order for Products will be delivered to the Customer before full payment of the price of the Products evidenced by receipt by NUTRISOLUTION.FR of an acknowledgement of receipt of payment for the Products.
Payment for Products may be made by bank card (Visa or Mastercard) via the Paybox or PayPal or Stripe or Dalenys interface. Payment is made through the secure payment interface Paybox or Paypal or Dalenys according to the payment method chosen by the Customer, so as to protect as effectively as possible all data linked to payment methods. The Customer can access the general terms of use of the two interfaces here: http://www1.paybox.com/mentions-legales/ and https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full and https://www.dalenys.com/fr/mentions-legales/ and Any guarantee as to the security of this system is entirely the responsibility of Paybox or PayPal or Stripe or Dalenys and cannot be attributed to NUTRISOLUTION.FR.
At no time will the Customer's bank details be transmitted to a third party. The Customer expressly acknowledges that providing their bank card number on the secure payment interface Paybox or PayPal or Dalenys constitutes authorisation to debit their bank account up to the amount invoiced.
5. ORDER CONFIRMATION AND CANCELLATION
5.1. Order confirmation: Following payment made by the Customer and validated by NUTRISOLUTION.FR, NUTRISOLUTION.FR will send the Customer an order confirmation email recapping the Products ordered, the price of the Products, any delivery charges for the Products, NUTRISOLUTION.FR's contact details, the general terms and conditions of sale applicable at the time of sale and a withdrawal form. The order confirmation recaps the subject and terms of the sale. It serves as proof of the entirety of the order and the amounts due in execution of the order and forms the sales agreement concluded between the parties.
5.2. Cancellation of the order by NUTRISOLUTION.FR: In the event of refusal of payment authorisation reported by the Customer's bank via the Paybox or PayPal or Dalenys interface, the order for Products will be cancelled by NUTRISOLUTION.FR.
NUTRISOLUTION.FR reserves the right not to confirm an order for any reason whatsoever, relating in particular to a supply problem with the raw materials constituting the Products, a problem relating to the order received or to the information provided by the Customer enabling delivery to be made (for example absence of delivery address). In the event of a Product being out of stock, NUTRISOLUTION.FR will inform the Customer as soon as possible by email. In the event of cancellation of an order, the Customer will be refunded the full amount paid, including the price of the Products and any initial delivery charges.
5.3. Cancellation of the order by the Customer: No modification or cancellation of the order for Products for any reason whatsoever will be accepted after the order has been confirmed by NUTRISOLUTION.FR, without prejudice to the Customer's right to exercise their right of withdrawal under the conditions defined herein.
6. DELIVERY OF PRODUCTS
6.1. Definition of Delivery: Delivery means the transfer to the Customer of physical possession of the Products in application of Article L.216-1 of the Consumer Code (hereinafter 'Delivery').
6.2. Delivery times: NUTRISOLUTION.FR undertakes to process the order and deliver the Products to the Customer within 3 to 7 clear days from the day following order confirmation. In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information concerning the Delivery address. NUTRISOLUTION.FR cannot be held responsible for delay in delivery of the Products due to a case of force majeure as defined by law or case law in force.
If Delivery of the Products occurs more than thirty (30) clear days from order confirmation, the Customer will be free to cancel the order and request reimbursement of the price of the Products and associated charges directly on the Site or by recorded delivery letter with acknowledgement of receipt to the address indicated in Article 1.1 of these Terms & Conditions, in application of Article L216-2 of the Consumer Code. The order will be considered cancelled from receipt by NUTRISOLUTION.FR of the Customer's cancellation notification unless Delivery has taken place in the meantime or this delay is due to an event of force majeure.
6.3. Place of delivery of Products and transfer of risk: The Products are delivered to the Delivery address indicated by the Customer when placing the order. The Products are transported at the risk of NUTRISOLUTION.FR until Delivery. From the time of Delivery, the risks of loss or damage are borne by the Customer.
7. WITHDRAWAL PERIOD
The Customer has a right of withdrawal for fourteen (14) full calendar days from the Delivery of the Product, without having to provide reasons for their decision or pay penalties, in accordance with the provisions of Article L221-18 of the Consumer Code.
The Customer shall inform NUTRISOLUTION.FR of the exercise of their right of withdrawal within the aforementioned period by means of the withdrawal form attached to the order confirmation email or directly accessible here. The Customer will return, at their own expense, by post, the Product(s) in their original packaging with the original invoice no later than fourteen (14) days after notifying NUTRISOLUTION.FR of their decision to withdraw in accordance with Article L221-23 of the Consumer Code, to the following address:
NutriSolution, c/o BX Logistique, 3 Rue Edouard Branly, 88300 Neufchâteau, FRANCE.
The returned Products must be physically returned, even if they have been opened, started, or completely consumed.
In the event of valid exercise of the right of withdrawal, NUTRISOLUTION.FR undertakes to refund the Customer the full amount paid, including the price of the returned Products and the initial delivery costs, no later than fourteen (14) days from the date on which NUTRISOLUTION.FR is informed of the withdrawal decision.
In accordance with Article L221-24 of the Consumer Code, NUTRISOLUTION.FR reserves the right to defer the refund until the effective recovery of the returned Products or until the Customer provides proof of dispatch of these Products.
The refund will be made using the same payment method used by the Customer at the time of ordering, unless expressly agreed otherwise.
This article applies without prejudice to the commercial guarantee "Satisfied or Refunded 180 Days" described in Article 8.3 below, which offers the Customer more favourable refund conditions.
8. WARRANTY AND PRODUCT COMPLIANCE
8.1. Legal guarantee of conformity: NUTRISOLUTION.FR undertakes to deliver to the Customer a Product that complies with the order confirmation, meaning suitable for the usual use expected of a similar product or presenting the characteristics defined by mutual agreement between the parties or suitable for any special use sought by the Customer as made known to and accepted by NUTRISOLUTION.FR. NUTRISOLUTION.FR is liable for defects of conformity existing at the time of Product Delivery.
If the Customer observes a defect of conformity in the Product, they must notify NUTRISOLUTION.FR with a claim directly on the Site or by registered letter with acknowledgment of receipt to the address indicated in Article 1.1 of these Terms & Conditions, within two (2) years from the day of Delivery. The Customer must return the Product to NUTRISOLUTION.FR at the address mentioned in Article 1.1 of these Terms & Conditions as quickly as possible following their claim, at no expense to the Customer.
"At the end of a twenty-four (24) month period from Delivery, the Customer's action resulting from the defect of conformity is time-barred. \
Article L217-4 of the Consumer Code:"
The seller delivers goods that conform to the contract and is responsible for any non-conformity existing at the time of delivery.
"The seller is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to them by the contract or has been carried out under their responsibility. \
Article L217-5 of the Consumer Code:"
The goods are in conformity with the contract:
1° If it is suitable for the usual use expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer may legitimately expect given the public statements made by the seller, producer, or their representative, especially in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer and made known to and accepted by the seller.
Article L217-12 of the Consumer Code:
The action resulting from the defect of conformity is time-barred after two years from the delivery of the goods.
8.2. Legal guarantee against latent defects: NUTRISOLUTION.FR guarantees that the Products are free from latent defects within the meaning of Article 1641 of the Civil Code, rendering the Products unsuitable for the use for which they are intended or diminishing such use to the extent that the Customer would not have acquired them or would only have paid a lower price had they been aware of them. In the event that the Customer identifies a latent defect in the Product, the Customer must notify NUTRISOLUTION.FR within two (2) years from the discovery of said latent defect, either directly on the Site or by registered letter with acknowledgment of receipt to the address given in Article 1.1 of these Terms & Conditions. The Customer must return the Product to NUTRISOLUTION.FR at the address mentioned in Article 1.1 of these Terms & Conditions as soon as possible after their claim, at no cost to them.
Article L217-13 of the Consumer Code: The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognised by law.
Article 1641 of the Civil Code: The seller is bound by the guarantee concerning hidden defects of the sold item which render it unsuitable for its intended use, or which so reduce this use that the buyer would not have acquired it, or would have paid a lower price for it, if they had known.
Article 1644 of the Civil Code: In the cases provided for in Articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund or keeping the item and receiving part of the price. Article 1648 of the Civil Code: The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect.
8.3 Commercial guarantee: In addition to the fourteen (14) day right of withdrawal provided for in Article 7 above, NUTRISOLUTION.FR grants the Customer a commercial guarantee "Satisfied or Refunded" for a period of one hundred and eighty (180) calendar days from the date of Delivery of the Products to the Customer.
To benefit from this guarantee, the Customer must make a request via the AfterShip returns portal, accessible at the following address: https://nutrisolution.aftership.com/returns.
The Client is invited to select the Product(s) concerned, indicate the reason for the request (return, damaged or non-compliant product) and follow the online procedure provided for this purpose. Detailed instructions are available on the Returns page of the Site.
After analysis of the request, eligible solutions are offered to the Client in their AfterShip space. The Client may freely choose one of the following options:
When a return is required, the Client receives a prepaid return label and must return the concerned Products according to the instructions provided by email.
Only one claim per Client made under this commercial guarantee is accepted by NUTRISOLUTION.FR. The Client will be identified by all the personal data entered on the website when placing the order.
The costs of returning Products are exclusively the responsibility of the Client.
If the request is admissible under this commercial guarantee, NUTRISOLUTION.FR undertakes to reimburse the Client:
-
the price of the returned Products, and
-
the initial delivery costs paid at the time of ordering, excluding any other possible costs.
In the case of a partial return, the refund will be made on a pro-rata basis according to the number of boxes actually returned.
If the claim is admissible under the conditions of this article, NUTRISOLUTION.FR undertakes to reimburse the Client up to the invoiced price as soon as possible.
Independently of this commercial guarantee, NUTRISOLUTION.FR remains bound by the legal guarantee of conformity and that relating to latent defects of the Product sold under the conditions of Articles 8.2 and 8.3 above, in application of Articles L217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
For any further questions regarding a refund, the Client can contact NUTRISOLUTION.FR's customer service by email at cs@nutrisolution.info or at 09.71.07.98.08 (Monday to Friday, from 8am to 4pm),
9. LIMITATION OF LIABILITY
NUTRISOLUTION.FR only has an obligation of means for all stages of accessing the Site, order processing, and Delivery. NUTRISOLUTION.FR's liability is expressly excluded, which the Client recognises, for any inconvenience or damage inherent in the use of the Internet.
NUTRISOLUTION.FR's liability is expressly excluded, which the Client recognises, in case of (i) improper use of the Product by the Client or non-compliance with usage recommendations, (ii) lack of results (for example, weight loss or actual physical change) following the use of the Products, and (iii) indirect, consequential, or immaterial damages suffered by the Client.
10. INTELLECTUAL PROPERTY
Trademarks, logos, documents, studies, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Products are and remain the exclusive property of NUTRISOLUTION.FR. No assignment of intellectual property rights is made through these Terms & Conditions.
The Client recognises and agrees in particular that the Products are subject to intellectual property rights.
The Client may only state or use the trademarks, logos, domain names, images, videos, texts, know-how, and any other intellectual property rights belonging to NUTRISOLUTION.FR with the express, written, and prior authorisation of NUTRISOLUTION.FR. In this regard, NUTRISOLUTION.FR reserves the right to oppose, stop, and seek redress for any use of its intellectual property rights that it considers infringing, unfair, constitutive of acts of parasitism or contrary to its image or rights it would have granted.
11. PERSONAL DATA PROTECTION
11.1. Personal data are collected on the Site with the Client's consent who provides all their identification information when placing their order and when paying for the Products. This data is necessary for the management of orders by NUTRISOLUTION.FR and may allow it to inform the Client, if they have agreed, of any commercial operation likely to interest them. NUTRISOLUTION.FR retains the personal data of Clients and undertakes to take all necessary measures to ensure the security of the collected data but also their confidentiality, meaning that only authorised persons can access them. The Client is free to access their personal data, to rectify, update, and finally oppose at any time their retention by NUTRISOLUTION.FR and to request their deletion via an email sent to customer service at cs@nutrisolution.info. NUTRISOLUTION.FR undertakes to make its best efforts to protect personal data in order in particular to prevent them from being distorted, damaged, or communicated to unauthorised third parties. NUTRISOLUTION.FR undertakes to only transmit the relevant personal information of its Clients to its banking establishment and in any case not transfer them outside the European Union.
11.2. NUTRISOLUTION.FR is entitled to conduct commercial actions (promotional and/or advertising) and is free to send its Clients emails to inform them of its commercial actions. The Client can freely oppose these automatic commercial prospecting emails by clicking on the 'unsubscribe' link found in each email received from NUTRISOLUTION.FR or by email or even by registered mail with acknowledgment of receipt sent to the address indicated in Article 1.1 of these Terms & Conditions.
12. DISPUTE RESOLUTION AND APPLICABLE LAW
12.1. Mediation: In case of a dispute related to the formation, execution, non-execution, or termination of sales concluded under these Terms & Conditions, the Parties will attempt to find an amicable solution. The Client thus has the possibility to refer to a consumer mediator in accordance with article L612-1 of the Consumer Code. To submit their dispute to the mediator, the Client must:
(i) fill out the form on the website www.medicys.fr, or
(ii) send their request by simple or registered mail to 73, boulevard de Clichy – 75009 Paris
To be handled promptly, any mediation request from the Client must contain the following information: Client's postal, electronic, and telephone contact details, contact details of NUTRISOLUTION.FR, a brief statement of facts, proof of prior steps taken with NUTRISOLUTION.FR.
12.2 Applicable law and jurisdiction: All provisions contained in the Terms & Conditions, as well as all purchase and sale transactions referred to therein, shall be subject to French law and to the competent French courts.
13. LEGAL NOTICES
COMPANY
NUTRISOLUTION.FR
Publication Director
Boris Schrenzel
Address
66 Avenue des Champs-Elysées 75008 Paris
Share capital
1,000 euros
Registered with the Trade and Companies Register
RCS Paris 835 050 485
VAT Identification Number
FR 76835050485
Contact Us
E-Mail: cs@nutrisolution.info
Hosting
Octopuce
https://www.octopuce.fr/
25, rue Popincourt
75011 PARIS
