1.1. Scope of application : The present General Terms and Conditions of Sale (hereinafter called the "GTC") govern, without restriction or reservation, all sales of products (hereinafter "the Products"), completed on the commercial website available at the following URL address: www.omegaburner.net (hereinafter the "Website"), between the company NUTRISOLUTION.FR, registered in the Paris Trade and Companies Register under number 498 554 641, having its registered office at 11 rue Christophe Colomb in Paris (75 008) (hereinafter called "NUTRISOLUTION.FR") and any consumer within the meaning of French law and jurisprudence (hereinafter referred to as "Customer").
NUTRISOLUTION.FR reserves the right to unilaterally adapt or modify these GTC at any time and without prior notice. The version of the GTC applicable to the sale of Products shown on the Website on the date the Client places the order for purchasing any Products. The GTC are written in French.
1.2. Acceptance of the GTC: The present GTC are accessible to Customers and more generally to any Internet user directly by clicking on the "GTC" link on all pages of the Website. By ordering any Products by the Customer therefore implies the latter's full and unreserved acceptance of the GTC. No special condition may prevail over these GTC.
2.1. Description of the Products: NUTRISOLUTION.FR offers the Customer the possibility of ordering and acquiring its range of food supplement. The Products, which are described in greater detail on the Website, available for sale are those that appear on the Website on the day of the order. Information related to the essential characteristics of each Product is accessible on the Website (photographs, specifications, description etc.). The characteristics and visuals are non-contractual but are as accurate as possible. They cannot ensure a perfect similarity with the Product. NUTRISOLUTION.FR undertakes to deliver to the Client the Products indicated on the order confirmation.
2.2. Product availability: NUTRISOLUTION.FR reserves the right to withdraw at any time one or more Products presented for sale on the Website and to replace or modify any information related to the Products. Orders will be honoured within the limits of available stocks. In the event of the Products being unavailable, NUTRISOLUTION.FR undertakes to inform the Customer as soon as possible by e-mail, to the e-mail address indicated by the Customer when placing his/her order on the Website. The Customer may cancel his order and will be reimbursed as soon as possible by NUTRISOLUTION.FR.
The invoiced Products’ prices are those appearing on the Website at the time of validation of the order by the Customer. The prices are indicated in euros, with all taxes included.
Shipping costs are at the customer's expense in the case of an order for a single pillbox. This price is indicated on the website. For orders of more than one pillbox, shipping costs are offered, as indicated on the website. The Products’ prices in no way constitute offers that may commit 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.
4.1. Placing orders for Products: Placing an order on the Website is subject to compliance with the procedure set up by NUTRISOLUTION.FR comprising successive stages leading to the validation of the order. In order to place an order for Products on the Website, the Customer must first view a video describing the Products. By clicking on "Next step", the Customer accesses a second page allowing him/her to select the number of Products he/she wishes to purchase and to add them to the electronic basket (hereinafter, the "Basket") by clicking on the "ORDER" button.
A summary of the order is displayed, summarising all of the order information related to the quantities of Products selected, the Products price and any related shipping costs. The Customer is then asked to provide his/her first and last name, email address and delivery address. On the same page, the Customer will have to choose his/her method of payment (by credit card via the PayPal or Paybox interface or Dalenys). If the Customer chooses to pay the price of the Products via PayPal, he/she will be directed to the PayPal interface page where he/she will have to (i) either enter his/her PayPal identifiers or (ii) directly enter his/her bank details. If the Customer chooses to pay the Products’ price directly by credit card, he/she will be directed to the Paybox or Dalenys interface page on which he/she will have to enter his/her bank details.
4.2. Payment: The Products are payable when the order is placed on the Website. No order for Products will be delivered to the Customer before full payment of the Product’s price has been received by NUTRISOLUTION.FR in the form of an acknowledgement of receipt of payment for the Products.
Payment for the Products can be made by credit card (Visa or Mastercard) via the Paybox or PayPal interface or Dalenys. The payment is made through the secure payment interface Paybox or Paypal or Dalenys depending on the payment method chosen by the Customer, in order to protect all data related to the payment means as efficiently as possible. The Customer can access the general conditions of use of the two interfaces here:https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full and https://www.dalenys.com/terms-of-use/ Any guarantee as to the security of this system is entirely the responsibility of Paybox or PayPal or Dalenys and cannot be imputed to NUTRISOLUTION.FR.
At no time will the Customer's banking data be transmitted to a Third Party. The Customer expressly acknowledges that the communication of his/her bank card number on the Paybox or PayPal or Dalenys secure payment interface is equivalent to authorisation to debit his/her bank account for the amount of the invoiced price.
5.1. Order Confirmation: Once the payment has been made by the Customer and validated by NUTRISOLUTION.FR, NUTRISOLUTION.FR will send the Customer an order confirmation e-mail summarising the Products ordered, the price of the Products, any shipping costs for the Products, NUTRISOLUTION.FR's contact details, the General Terms and Conditions of Sale applicable at the time of the sale and a withdrawal form. The order confirmation summarises the purpose and terms of the sale. It is proof of the completeness of the order and of the payability of the sums due in execution of the order and forms the agreement of sale concluded between the parties.
5.2. Order cancellation by NUTRISOLUTION.FR: In the event of a payment refusal authorisation by the Customer's bank via the Paybox or PayPal interface or Dalenys, the order for Products will be cancelled by NUTRISOLUTION.FR.
NUTRISOLUTION.FR reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of the raw materials making up the Products, a problem related to the order received or to the information provided by the Customer enabling delivery to be made (for example, lack of a delivery address). In the event that a Product is out of stock, NUTRISOLUTION.FR will inform the Client as soon as possible by e-mail. In case of cancellation of an order, the Customer will be reimbursed for any costs already paid.
5.3. Order Cancellation 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 his/her right of withdrawal under the conditions defined herein.
6.1. Notion of Delivery: Delivery means the transfer to the Customer of the physical possession of the Products pursuant to Article L.216-1 of the French Consumer Code (hereinafter the "Delivery").
6.2. Delivery Time: NUTRISOLUTION.COM undertakes to process the order and to deliver the Products to the Customer within 3 clear days from the day following the order confirmation. In order to respect the deadline, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address. NUTRISOLUTION.FR shall not be held responsible for any delay in the delivery of the Products due to a case of force majeure as defined by the law or jurisprudence in force.
If the delivery takes place more than thirty (30) clear days after the confirmation of the order, the Customer will be free to cancel the order and request reimbursement of the price of the Products and the related costs directly on the Website or by registered letter with acknowledgement of receipt to the address indicated in article 1.1 of these GTC, in application of article L216-2 of the Consumer Code. The order will be considered as cancelled as of the receipt by NUTRISOLUTION.FR of the Customer's notification of cancellation, unless the Delivery has taken place in the meantime or the delay is due to an event of force majeure.
6.3. Delivery Place and transfer of risks: 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 Delivery Time, the risks of loss or damage are the Customer’s responsibility.
The Customer has a right of withdrawal of fourteen (14) completed calendar days from the delivery of the Product, without having to justify his decision or pay any penalties, in accordance with the provisions of article L221-18 of the Consumer Code.
The Client shall inform NUTRISOLUTION.FR of the exercise of his right of withdrawal within the aforementioned period by means of the withdrawal form attached to the order validation e-mail or accessible directly on the Website at the address www.omegaburner.net. The Customer shall return, at his/her own expense, by post, the Product in good condition and in its original packaging with the original invoice at the latest within fourteen (14) days following the communication to NUTRISOLUTION.FR of his/her decision to withdraw under the conditions of article L221-23 of the Consumer Code, to the following address:
Endurance Logistique C/O Nutrisolution.fr, 537 rue Hélène Boucher Lot n° 5, 78530 BUC, France If NUTRISOLUTION.FR notes a depreciation of the Product returned by the Client resulting from handling other than that necessary to establish the nature and characteristics of the Product, NUTRISOLUTION.FR reserves the right to refuse to refund the Product. In this case, the Product in question shall be returned to the Client by NUTRISOLUTION.FR, at the latter's expense.
In case of acceptance of the reimbursement, NUTRISOLUTION.FR undertakes to reimburse the Customer for the totality of the price of the Product, including delivery costs, at the latest within fourteen (14) clear days from the date on which NUTRISOLUTION.FR is informed of the Customer's decision to withdraw, in accordance with the conditions of articles L221-19 and L221-24 of the French Consumer Code. The reimbursement of orders paid via the PayPal or Paybox or Dalenys interface will be made via the bank card used for payment via one or other of these interfaces, without any cost to the Customer.
8.1. Legal guarantee of conformity: NUTRISOLUTION.FR undertakes to deliver to the Customer a Product that conforms to the order confirmation, e.g., suitable for the use usually expected of a similar product or having the characteristics defined by mutual agreement between the parties or suitable for any special use sought by the Customer and brought to the attention of NUTRISOLUTION.FR and accepted by the latter. NUTRISOLUTION.COM is responsible for any defects of conformity existing at the time of delivery of the Product.
In the event that the Customer notices a lack of conformity of the Product, the Customer shall notify NUTRISOLUTION.FR of a claim directly on the Website or by registered letter with acknowledgement of receipt to the address indicated in article 1.1 of these GTC, within a period of two (2) years from the Delivery date. The Customer shall return the Product to NUTRISOLUTION.FR at the address mentioned in article 1.1 of these GTCs as soon as possible after the complaint, at no cost to the Customer.
At the end of a period of twenty-four (24) months from the Delivery date, the Customer's action resulting from the lack of conformity is prescribed.
Consumer Law Article L217-4:The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Consumer Law Article L217-5:
The goods are in conformity with the contract:
1° If it is fit for the purpose usually expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Consumer Law Article L217-12:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
8.2. Legal warranty against hidden defects: NUTRISOLUTION.FR guarantees that the Products are free from hidden defects in the sense of the provisions of article 1641 of the Civil Law, making the Products unfit for the use for which they are intended or which diminish this use so much that the Customer would not have acquired them or would have given a lower price for them if he had known about them. In the event that the Customer observes a hidden defect in the Product, the Customer must notify NUTRISOLUTION.FR within two (2) years of the discovery of the said hidden defect of a claim directly on the Website or by registered letter with acknowledgement of receipt to the address indicated in article 1.1 of these GTC. The Customer shall return the Product to NUTRISOLUTION.FR at the address mentioned in article 1.1 of these GTCs as soon as possible after the complaint has been made, at no cost to the Customer.
Consumer Law Article L217-13: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Law or any other action of a contractual or extracontractual nature which is recognised by law.
Civil Law Article 1641: The seller is liable for hidden defects in the sold item that render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.
Civil Law Article 1644: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping it and having part of the price returned. Article 1648 of the Civil Law declares that the action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
8.3 Commercial warranty: In addition to the right of withdrawal of fourteen (14) days provided for by law, NUTRISOLUTION.FR grants the Customer a "Satisfied or refunded" commercial guarantee for a period of 180 working days from the date of delivery of the Products to the Customer.
In order to benefit from this warranty, the Customer must download the return form here, complete it, and then return the boxes ordered together with the completed form to the following address:
Endurance Logistique C/O Nutrisolution.fr, 537 rue Hélène Boucher Lot n° 5, 78530 BUC, France
Only one claim per Customer formulated under the present commercial warranty will be accepted by NUTRISOLUTION.FR. The Customer will be identified by all his/her personal data from the Website, when the order was placed.
Any shipping costs, taxes and customs duties paid at the time of purchase are not subject to reimbursement. Furthermore, the Customer will be responsible for all shipping costs incurred when returning the product.
In the case of partial return of the boxes ordered, the refund will be based on the number of boxes that the Customer has returned. NUTRISOLUTION.FR will only reimburse the returned boxes. Eventually, only one opened box may be refunded.
If the claim is admissible under the conditions of the present article, NUTRISOLUTION.FR undertakes to reimburse the Customer up to the amount of the invoiced price as soon as possible.
Independently of this commercial warranty, NUTRISOLUTION.FR remains bound by the legal warranty of conformity and that relating to hidden defects in the Product sold under the conditions of articles 8.2 and 8.3 above, in application of articles L217-4 and following of the Consumer Code and 1641 and following of the Civil Law.
For any further questions concerning a refund, the Customer may contact the NUTRISOLUTION.FR customer service department by email at cs@nutrisolution.info.
NUTRISOLUTION.FR has only an obligation of means for all stages of access to the Website, the ordering process and the Delivery. The responsibility of NUTRISOLUTION.FR is expressly excluded, which the Customer acknowledges, for any inconvenience or damage inherent to the Internet network use.
The liability of NUTRISOLUTION.FR is expressly excluded, which the Customer acknowledges, in the event of (i) improper use of the Product or failure to comply with the recommendations for use, (ii) the absence of results (e.g., weight loss or effective physical change) following the use of the Products and (iii) indirect, consequential or immaterial damage suffered by the Customer.
The brands, logos, documents, studies, domain names, images, videos, texts, knowhow and generally speaking any other information subject to intellectual property rights in relation to the Products are and remain the exclusive property of NUTRISOLUTION.FR. No transfer of intellectual property rights is made through the present GTC.
The Customer acknowledges and accepts that the Products are subject to intellectual property rights.
The Customer may not mention or use the brands, logos, domain names, images, videos, texts, know-how and any other intellectual property rights belonging to NUTRISOLUTION.FR without the express, written and prior authorisation from NUTRISOLUTION.FR. In this respect, NUTRISOLUTION. FR reserves the right to oppose, stop and request compensation for any use of its intellectual property rights that it considers to be counterfeit, unfair, constitutive of acts of parasitism or contrary to its image or to rights that it has granted.
11.1. Personal data is collected on the Website with the Customer’s consent, who transmits all his/her identification information when placing his/her order and when paying for the Products. This data is needed for the order management by NUTRISOLUTION.FR and may enable the latter to inform the Customer, if the latter has given his consent, of any commercial operation that may be of interest to him. NUTRISOLUTION.FR keeps the Customer's personal information and undertakes to take all necessary measures to guarantee the security of the collected data as well as its confidentiality, e.g., to ensure that only authorised persons have access to it. The Customer is free to access his/her personal data, to rectify them, to update them and finally to oppose at any time to their conservation by NUTRISOLUTION.FR and to request their deletion via an e-mail addressed to the customer service cs@nutrisolution.info. NUTRISOLUTION.FR undertakes to make its best efforts to protect personal data in order to prevent them from being distorted, damaged or communicated to unauthorised third parties. NUTRISOLUTION.FR undertakes to transmit the relevant personal information of the Customer only to its banking institution and in any case not to transfer it outside the European Union.
11.2. NUTRISOLUTION.FR is entitled to carry out commercial actions (promotional and/ or advertising) and is free to send the Customer e-mails in order to inform him/her of its commercial actions. The Customer may freely object to these automatic commercial prospecting mailings by clicking on the "unsubscribe" link appearing in each e-mail received from NUTRISOLUTION.FR or by e-mail or by registered letter with acknowledgement of receipt sent to the address appearing in article 1.1 of these GTC.
12.1. Mediation: In the event of a dispute related to the formation, execution, nonexecution or termination of sales concluded pursuant to these GTC, the Parties shall attempt to find an amicable solution. The Customer has the possibility of having recourse to a consumer mediator in accordance with Article L612-1 of the Consumer Law. In order to submit his dispute to the mediator, the Customer must.
(i) fill in the form on the website www.medicys.fr, or
(ii) send his request by simple or registered mail 73, boulevard de Clichy - 75009 Paris
In order to be processed promptly, any request for mediation from the Customer must contain the following information: postal, electronic and telephone contact, Customer details, NUTRISOLUTION.FR contact details, a brief statement of the facts, proof of prior contact with NUTRISOLUTION.FR.
12.2 Applicable law and attribution of jurisdiction: All the provisions appearing in the GCS, as well as all the purchase and sale operations referred to therein, will be subject to French law and to the competent French jurisdictions.
NUTRISOLUTION.FR
Boris Schrenzel
11, rue Christophe Colomb – 75008 Paris
1.000 euros
RCS Paris 835 050 485
FR 76835050485
E-Mail: cs@nutrisolution.info
Telephone : +331.47.20.15.95
Octopuce
https://www.octopuce.fr/
25, rue Popincourt
75011 PARIS