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GENERAL TERMS AND CONDITIONS OF SALE AVANTAGE PROTEINE
Article 1 - SCOPE OF APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALE
Throughout these terms, the "Client" shall be understood as the party with whom the purchase-sale relationship is established and who will be invoiced for the order.
AVANTAGE PROTEINE offers the sale of sports nutrition products to the Client, through its website or in-store. Any order placed on the AVANTAGE PROTEINE website assumes that the customer has read and agreed to these general terms and conditions of sale in their entirety.
Contractual information is presented in English.
These general terms and conditions of sale apply to all orders placed on or through the AVANTAGE PROTEINE website, which has the address www.avantageproteine.com, as well as to any in-store or trade show sale. They specify in particular the conditions for ordering, payment, delivery, and management of any returns of the ordered products.
AVANTAGE PROTEINE is a registered trademark with the INPI and operated by the company FORME ET NUTRITION, a simplified joint-stock company with a share capital of €39,000, whose registered office is located at 420 Rue Benoit Frachon 60740 SAINT-MAXIMIN (postal address), registered with the Compiègne Trade and Companies Register under number 429 984 057 (the Seller). The company can be reached by telephone at 09 78 31 51 50 and by email at info@avantageproteine.com
Prior to placing an order, the Client declares that the acquisition of these products is intended for personal use and not related to their professional activity. If this is not the case, the Seller particularly draws the Client's attention to the exclusions of legal and commercial warranties referred to in particular in Article 10 below.
The Seller reserves the right to adapt or modify these general terms and conditions of sale at any time.
In this case, only the general terms and conditions of sale in force at the time of the order will be applicable. The Seller advises the Client to save and/or print these general terms and conditions of sale for safe and durable storage and to be able to invoke them at any time during the performance of the contract if necessary.
Article 2 - ORDER AND VALIDATION
The Client declares that they have read and accepted these general terms and conditions of sale before placing the order.
Orders are placed on the AVANTAGE PROTEINE website. The choice and purchase of a Product are the sole responsibility of the Client.
To place an order, the Client follows the various order steps displayed on the website, namely client identification, product selection, delivery terms and conditions, payment terms, and order finalization.
The Client's attention is particularly drawn to the method of accepting the order placed on the AVANTAGE PROTEINE website. The checkbox for acknowledging and accepting the general terms and conditions of sale and use of the website, validating the order, constitutes an electronic signature and is equivalent to a handwritten signature.
They constitute an irrevocable and unconditional acceptance of the order by the Client.
Unless proven otherwise, the data recorded by the Seller on the Internet constitutes proof of all transactions between the Seller and the Client.
Contractual information relating to the order (including the order number) will be confirmed by email in due time and no later than at the time of delivery/issuance. A digital invoice will be sent to the Client as soon as the order is issued.
The information provided by the Client when placing the order (including name and delivery address) is binding on him/her. Thus, the Seller's liability cannot in any way be sought in the event that an error in placing the order prevents or delays delivery/issuance.
In accordance with Article 1127-2 of the Civil Code, the Client may preview their order, in the form of a summary displaying the total price, delivery fees, and may modify their cart or delivery address before the final confirmation of the order. The sale will only be considered final after the Seller has sent the Client confirmation of acceptance of the order by email.
Any order placed on the AVANTAGE PROTEINE website constitutes the formation of a contract concluded at a distance between the Client and the Seller. The Seller reserves the right to refuse any order from a Client with whom there is or has been a dispute regarding the payment of a previous order.
The Client declares that they have full legal capacity to engage in these general terms and conditions of sale.
Article 3 – PRICES
All prices for products and services offered for sale on the AVANTAGE PROTEINE website are in euros and include all taxes, but exclude any participation in processing and shipping costs.
Products are provided at the rates in effect on the AVANTAGE PROTEINE website at the time the order is recorded by the Seller and take into account any temporary discounts granted by the Seller.
The Seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect at the time the order is recorded, subject to product availability on that date.
Processing, shipping, transportation, and delivery costs are invoiced in addition, under the conditions indicated on the AVANTAGE PROTEINE website and calculated prior to the placing of the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
The products remain the property of the Seller until full payment of the price. However, from the time of pickup or receipt of the order by the Client or their representative, the risks of the goods taken or delivered are transferred to the Client.
Article 4 – AVAILABILITY
The product and price offers are valid as long as they are visible on the website, within the limits of available stock.
In case of unavailability of a product after the order has been placed, the Client will be informed of the delay under which the product will become available. The Client who does not wish to wait for this availability or in case of definitive unavailability of the product, will be refunded the full amount paid if their bank account has been debited, within 14 days following the cancellation of the order in accordance with article L.216-7 of the Consumer Code.
Article 5 – PAYMENT
Payment is made by credit card at the time of the order via the secure payment interface.
The order will only be considered accepted by the Seller when the relevant bank payment centers have given their agreement and when the Seller has validated the order in light of its risk acceptance criteria.
In case of acceptance of the file by the payment center and the Seller, the Client will be informed by the sending of the order confirmation by email.
In case of refusal of the file, the order will be automatically refused and the Client will also be informed by email.
Article 6 - DELIVERY / DELIVERY OF PRODUCTS
The Products ordered by the Client will be delivered to the address indicated by the Client during the order. The delivery times are given as an indication and subject to the carrier's services.
The Client is solely responsible for any delivery or deposit defect due to a lack of information during the order.
Delivery is deemed to have taken place when the Client takes physical possession or control of the products. In case of apparent defects or absence of products, it is recommended that the Client have them recorded in writing by the Seller or the carrier at the time of collection or delivery.
Pickup at a Relay Point: Products can be picked up at a Relay Point only if the Client has selected this option when placing the order. The Relay Point closest to the delivery address will be announced when the order is placed.
Delivery and pickup times start from the confirmation of the order by the Seller, which acceptance will be formalized by sending an electronic message to the Client informing him/her of the status of his/her order in progress.
Unless otherwise specified or unavailable for one or more products, the ordered products will be delivered in one shipment. In case of products deliverable at different dates due to the availability of the ordered products, the announced delivery time will be calculated on the longest delay. The Seller cannot be held responsible for the consequences of a delay in delivery.
In case of delayed shipment, the order will not be cancelled. The Seller will inform the Client of this delay by email. In this case, the Client may decide to cancel his/her order in accordance with Articles L. 216-6 of the French Consumer Code.
If the order has not yet been shipped at the time of receipt of the Client's cancellation notice, delivery will be blocked and the Client will be reimbursed for any amounts debited within 14 days of receipt of said cancellation notice in accordance with Article L. 216-7 of the French Consumer Code, excluding any indemnification or retention.
If it has already been shipped, the Client will still have the option to cancel his/her order by refusing the package. In this case, the Seller will refund the products as well as the return costs within 14 days following receipt of the complete refused package in its original condition.
In case of a particular request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoice, on a quote previously accepted in writing by the Client.
Article 7 - RIGHT OF WITHDRAWAL
Principle
In accordance with Articles L. 221-18 et seq. of the Consumer Code, the Client has a period of 14 calendar days from the conclusion of the contract or receipt of their order to exercise their right of withdrawal without having to give any reasons or bear any costs other than the return costs, which remain their responsibility.
In the case of an order for several products delivered separately, the period starts from the receipt of the last product.
Procedures
The right of withdrawal can be exercised online, using the withdrawal form available on the website, or by any other unambiguous statement expressing the desire to withdraw.
The Seller acknowledges receipt of the Client's withdrawal without delay by email.
Exceptions
In accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:
Goods made to the Client's specifications or clearly personalized;
Goods liable to deteriorate or expire rapidly;
Goods which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection;
Goods which, after being delivered and by their nature, are inseparably mixed with other items.
Product Return Procedures
The Client has a period of fourteen (14) days from the communication of their decision to withdraw to return their product, with return costs being borne by the Client.
The Client must return their product to the following address: 420 avenue Benoit Frachon, 60740 Saint Maximin – specified in the withdrawal procedure.
For products that cannot be returned by post due to their nature (packages over 30 kg), the buyer may return them to a carrier of their choice. The cost of return will be borne by the Client.
As a matter of common law, goods travel at the Client's risk and peril and as such.
Refund
The Client will be refunded the full amount paid, including delivery costs, no later than fourteen (14) days from the date on which the Seller is informed of the Client's decision to withdraw.
If the Client has expressly chosen a more expensive delivery method than the standard delivery method, only the amount of the standard delivery will be refunded. The refund may be deferred until the goods are recovered or until the Client has provided proof of their shipment.
It will be made using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees to another means of payment.
However, in accordance with Article L. 221-23 of the Consumer Code, the Client's liability may be engaged by the Seller in the event of any depreciation of the goods resulting from manipulations other than those necessary to establish their nature, characteristics and proper functioning.
The Client must handle and inspect the products during the withdrawal period with all necessary care.
Consequences of exercising the right of withdrawal
In accordance with Article L. 221-27 of the Consumer Code, the exercise of the right of withdrawal from a main contract automatically terminates any ancillary contract, unless the ancillary contract has been executed before the end of the withdrawal period.
Article 8 – Compliance
The main characteristics of the products, including specifications, composition, nutritional values, illustrations, and indications of product weight, are presented on the AVANTAGE PROTEINE website BEFORE purchase.
Except in the case of the legal warranty of conformity treated in Article 10 below, the Client must verify the conformity of the goods delivered or picked up before signing any delivery document.
In case of any anomaly, the Client will indicate his/her reservations directly on the delivery document, followed by his/her signature.
In case of a serious anomaly (torn, open packaging, missing or damaged products, etc.), the Client will refuse the package and specify the reasons for the refusal on the delivery document.
This verification is considered to have been carried out as soon as the Client, or any person authorized to receive the package on his/her behalf, has signed the delivery document.
The Client must also confirm the reservations to the Customer Service at commercial@avantageproteine.com within fourteen (14) days following the receipt of the product(s).
In the same conditions, the Client must make any claim related to the non-compliance of a product with his/her order. The Seller undertakes to refund or exchange (subject to availability) products that are not in compliance with the Client's order.
In all cases covered by this Article 8, the return of products will only be accepted for complete products, in their original condition (original packaging, instructions, accessories, etc.) allowing them to be returned to the market in new condition. Damaged, opened, soiled or incomplete products will not be accepted for return.
In these same cases, the return costs will be borne by the Seller.
Article 9 – Liability
Photographs and/or graphics reproducing the products and/or their use are not contractual and cannot engage the responsibility of the Seller.
The Client is called upon to familiarize himself/herself with the technical characteristics of the products before placing an order.
The responsibility of the Seller cannot be sought in case of a manifest error between the characteristics of the product, its illustration, and its conditions of sale.
Article 10 – WARRANTIES
Legal warranties
Appendix to Article D. 211-2, Consumer Code.
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in case of non-conformity defect. During this period, the consumer is only required to establish the existence of the non-conformity defect and not the date of its occurrence.
When the sales contract of the good provides for the supply of digital content or digital services continuously for a duration exceeding two years, the legal guarantee applies to this digital content or digital service throughout the provided supply period. During this period, the consumer is only required to establish the existence of the non-conformity defect affecting the digital content or digital service and not the date of its occurrence. The legal guarantee of conformity entails an obligation for the professional, if necessary, to provide all necessary updates to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the good within a period of thirty days following his request, free of charge and without major inconvenience for him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by receiving a full refund in exchange for returning the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good takes place after a period of thirty days;
3° The repair or replacement of the good causes major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the unsuccessful attempt by the seller to bring it into conformity.
The consumer also has the right to a reduction in the price of the good or to the resolution of the contract when the non-conformity defect is so serious that it justifies immediate reduction in price or resolution of the contract. The consumer is not required to request the repair or replacement of the good beforehand.
The consumer has no right to resolution of the sale if the non-conformity defect is minor. Any period of immobilization of the good for repair or replacement suspends the remaining guarantee until the delivery of the good restored to its original state.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee for hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the good is kept or to a full refund against return of the good.
Commercial warranty
A commercial warranty on the organoleptic qualities of the products is offered until the minimum durability date indicated on each product. It is specified that once the date has passed, the product loses its taste or nutritional qualities (for example, a decrease in vitamin content), but is not dangerous to health.
Article 11 – DISPUTES
Under Article L. 612-1 of the Consumer Code, "Any consumer has the right to have recourse to a consumer mediator free of charge in order to reach an amicable resolution of a dispute between the consumer and a professional."
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are those defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature relating to the performance of a sales contract or the provision of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In the event of any difficulty, the Client is invited to contact the company in accordance with the procedure set out in Article 8.
This establishment has designated SAS Médiation Solution as its consumer mediation entity by registering its membership under the number 70193 / RV / 2303.
To contact the mediator, the consumer must submit their request:
- Either in writing to: SAS Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82 53 93 06
- Or by email to: contact@sasmediationsolution-conso.fr
- Or by filling out the online form titled "Submit a Mediation Request" on the website https://www.sasmediationsolution-conso.fr
Regardless of the method used to file a request, it must contain:
- The postal, telephone, and electronic contact information of the requester,
- The name, address, and registration number of the professional concerned with SAS Médiation Solution,
- A brief summary of the facts. The consumer will inform the mediator what they expect from this mediation and why,
- A copy of the previous complaint,
- Any documents that may be necessary for the processing of the request (purchase order, invoice, proof of payment, etc.).
Disputes for which mediation has not provided a solution accepted by the parties shall be submitted to the competent courts of the place of establishment of the Client under the conditions of common law.
For disputes with customers based in another country of the European Union, these can be dealt with through the Online Dispute Resolution platform accessible at the following address:
https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase
Article 12 - PERSONAL DATA COLLECTED
All information collected by the AVANTAGE PROTEINE website from the Client is subject to computer processing intended for the processing of the online order and subsequent contractual obligations, such as warranties.
They may be used for commercial prospecting and communication of promotions exclusively related to the activities of the Seller, and be transmitted to service providers or any administrative or judicial authority requesting them.
In addition to the right of access, rectification and opposition provided by the modified Data Protection Act n° 78-17 of 6 January 1978 and developed below, the Client may at any time access the personal information concerning him/her and held by the AVANTAGE PROTEINE website, request their modification or deletion by sending an electronic message or postal mail to the addresses indicated in Article 1.
Thus, the Client may irrevocably request that information concerning him/her that is inaccurate, incomplete, ambiguous, outdated, or whose collection or use, communication, or retention is prohibited be corrected, completed, clarified, updated or deleted.
Certain information is mandatory and necessary for the processing of the order. Failure to respond to a mandatory field may compromise the proper follow-up of the file.
The personal information communicated is recorded in a computerized file.
Data is only processed and used to the extent necessary to contact the Client, ensure processing of requests, create and manage the user profile, create and manage access to online services, or conduct statistical studies.
Personal information will be kept for as long as necessary until the performance of the services, unless:
- The Client exercises his/her right to delete his/her data, under the conditions described below;
- A longer storage period is authorized or imposed under a legal or regulatory provision.
During this period, all necessary means are put in place to ensure the confidentiality and security of personal data, so as to prevent their damage, deletion or access by unauthorized third parties.
Access to personal data is strictly limited to company personnel and, where applicable, subcontractors. These subcontractors are bound by a confidentiality obligation and may only use the said data in compliance with contractual provisions and applicable legislation.
Outside the cases mentioned above, the company undertakes not to sell, rent, assign or give third parties access to personal data without the prior consent of the Client, unless required to do so for legitimate reasons (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.).
In accordance with the modified Data Protection Act n° 78-17 of 6 January 1978 and European Regulation n°2016/679/EU of 27 April 2016 (applicable since 25 May 2018), the Client has the right of access, rectification, portability, and deletion of his/her data or limitation of processing. He/she may also, for legitimate reasons, oppose the processing of data concerning him/her.
You can, subject to the production of valid proof of identity, exercise your rights by contacting the GDPR service by email at the following address: rgpd@avantageproteine.com
For any additional information or complaint, the National Commission for Informatics and Liberties (more information on www.cnil.fr) is available.
Finally, it is reminded that there is a telephone solicitation opt-out list "Bloctel", on which it is possible to register (https://conso.bloctel.fr/).
Article 13 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, images and photographs, trademarks, and databases reproduced and integrated on the AVANTAGE PROTEINE website are protected under intellectual property and copyright law.
As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized. Any total or partial reproduction of the website is strictly prohibited.
Article 14 - LANGUAGE - APPLICABLE LAW
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
These general terms and conditions of sale and the online sales contract are subject to French law.
In the absence of an amicable agreement between the Parties, the dispute shall be submitted to the French courts.