Terms and conditions of use and sale - Fitness World Nutrition

Effective 01/01/2023

1) Legal Notice

1.1) The Site www.fitness-world-nutrition.com is published by the company FITNESS WORLD NUTRITION. The present general conditions of use and sale (hereafter " CGU-V ") as well as the legal mentions are permanently accessible from the Site at the address https://www.fitness-world-nutrition.com/conditions-generales-de-vente.

Company responsible: FITNESS WORLD NUTRITION, limited liability company (SARL) with a capital of 1,000.00 Euros (€), registered in the RCS of TOULOUSE under the number 897 756 912

Head office: 48 chemin de Boudou - 31200 TOULOUSE

Intra-community VAT number: FR79897756912

Contact: fitness.world@outlook.fr

Editor and director of the publication: FITNESS WORLD NUTRITION Company

Coordinates of the Site host: The Constant Company LLC - 4 rue de Marivaux, 75002 PARIS 2 - https://www.constant.com/contact/

1.2) The Customer has the option of registering free of charge on a BLOCTEL telephone anti-solicitation list(www.bloctel.gouv.fr ) in order to no longer be canvassed by telephone by a professional with whom he/she does not have a current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumer affairs. Any consumer has the opportunity to register free of charge on this list at the following address: https: //conso.bloctel.fr/index.php/inscription.php .

2) Purpose

2.2) FITNESS WORLD NUTRITION carries out on the Internet a distance selling activity of sports nutrition products, foodstuffs, food supplements and derived products (hereafter "the Product(s)").

2.2) The present GCU-V apply as of right, without restriction nor reserve, to the whole of the sales of Products concluded by FITNESS WORLD NUTRITION with customers consumers (hereafter " the Customer (s)"), which are governed by the French Civil code and the French Code of consumption.

2.3) The present GCU-V, which cancel and replace any other preceding version or any other preceding contractual document, govern the contractual relations of FITNESS WORLD NUTRITION with its Customers and constitute the single base of the commercial negotiation within the meaning of the article L. 441-1 of the Commercial code

2.4) The GCU-V, together with the Order, constitute the contractual documents binding upon the parties, to the exclusion of all other documents, brochures, catalogs and photographs of the Products, which are only indicative and non-contractual.

2.5) By contracting with FITNESS WORLD NUTRITION, the Customer acknowledges having read and accepted, expressly and without reservation, the clauses and conditions of the GCU-V to the exclusion of any other document. The express acceptance of the GCU-V will be formalized by a confirmation by a checkbox at the time of the placing of the Order.

2.6) The GCU-V are permanently accessible on the Site, visible and downloadable on a durable medium, accessible at the time of placing the Order and communicated upon request.

2.7) FITNESS WORLD NUTRITION may suspend any service or terminate any contract in the event of non-compliance by the Customer with the GCU-V, without prejudice to any damages that may be sought against it.

2.8) The applicable GCU-V are those in force on the day of the order. FITNESS WORLD NUTRITION reserves the possibility of modifying the GCU-V, its tariffs and the contents of its Site, at any time and without notice, according to the evolution of the Site and its Products and services, as well as the evolution of the legislation in force. Their new version will be applicable as of the publication of the new GCU-V for any new Order.

The Products are supplied at the prices in force appearing on the site https://www.fitness-world-nutrition.com/, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros and include VAT.

The prices take into account any discounts that may be granted by the Seller on the website https://www.fitness-world-nutrition.com/.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.

3) Pre-contractual information obligation

3.1) It is recalled that article 1112-1 of the Civil Code provides that the debtor of the obligation to inform must inform the other party of all information whose importance is decisive for the latter's consent, namely all information which has a direct and necessary link with the content of the contract or the capacity of the parties.

3.2) By contracting with FITNESS WORLD NUTRITION, the Customer expressly acknowledges having received all relevant information in relation to the placing of his/her Order.

3.3) Likewise, he/she acknowledges that he/she has given FITNESS WORLD NUTRITION all information about his/her needs and expectations of the contract, particularly all information relating to his/her physical condition and state of health which could have an impact on his/her physical and sports practice, notably his/her possible state of pregnancy, as specified in article 4, (IV) below.

4) Conditions relating to the Client

4.1) By contracting with FITNESS WORLD NUTRITION, the Customer certifies :

(I) the accuracy and truthfulness of the information he or she provides to FITNESS WORLD NUTRITION, in particular his or her civil identity;

(II) be over 18 years of age and have the legal capacity to enter into the said contract by virtue of being of age or have the authorization of his guardian or the countersignature of his curator to that effect if he is an incompetent adult;

(III) have a funded bank account;

(IV) to have taken note of the essential characteristics of the Products purchased on the Site, in particular to verify the possible presence of allergens in case of known allergy(ies) to certain substances.

4.2) If the Customer does not fulfill these conditions, FITNESS WORLD NUTRITION will be able to refuse to sell him a Product or a service without that constituting a refusal of sale prohibited by the provisions of the articles L. 121-11 of the Code of consumption and L. 310-3 of the Commercial code.

5) Purchase of Products on the Site

5.1) FITNESS WORLD NUTRITION offers different Products for sale on the Site. The essential characteristics of the Products and their prices are detailed on their pages dedicated to each Product accessible on the Site, of which the Customer is invited to take note carefully before each Order.

5.2) In particular, FITNESS WORLD NUTRITION is careful to point out the possible presence of allergens in the foodstuffs offered for sale on the Site.

An allergen is a substance that triggers an allergy, i.e. a set of reactions of the body's immune system following contact, ingestion, or even inhalation in the case of a food allergen.

A consumer suffering from a recognized food allergy must avoid consuming foods containing the substance that could cause more or less serious problems or even death.

The Customer is therefore invited to carefully check the list of components of the foodstuffs offered for sale on the Site before placing an Order, and in particular the adequacy of the allergens indicated with his known allergies, it being pointed out that the fortuitous presence of major allergens (involuntary contamination by contact with other Products on the production line, during storage or transport) is never impossible.

In case of doubt, the Customer is invited to consult his doctor.

5.3) Except contrary indication on the Site, all the Products sold by FITNESS WORLD NUTRITION are new. The Products are in conformity with the European legislation in force and the standards applicable in France, in particular those relating to the safety and hygiene of foodstuffs. FITNESS WORLD NUTRITION cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries; therefore, the Customer must ensure that the Products supplied by FITNESS WORLD NUTRITION comply with the standards applicable in countries other than France in case of marketing abroad.

5.4) The Client will be invited to provide information allowing him/her to be identified by completing the form available on the Site. The sign (*) indicates the mandatory fields that must be filled in for the Customer's Order to be processed by FITNESS WORLD NUTRITION.

5.5) The Customer may check the status of his or her Order on the Web site. The follow-up of the Deliveries can, if necessary, be carried out by using the tools of follow-up on line of certain carriers. The Customer can also contact the sales department of FITNESS WORLD NUTRITION at any time by e-mail, at the following address: fitness.world@outlook.fr, in order to obtain information on the status of its order.

5.6) The Customer declares that he/she is aware that he/she must have the equipment of his/her choice (computer, tablet, cell phone) and a secure Internet connection to access the Site and place an Order. The equipment allowing this access and the connection fees are the sole responsibility of the Customer.

6) Controls

6.1) Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below.

6.2) Product selection and purchase options

6.2.1) The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once the Product is selected, the Product is placed in the Customer's basket. The latter can then add as many Products as he wishes to his basket.

6.3) Placing the Order

6.3.1) Once the Products have been selected and placed in the shopping basket, the Customer must click on the basket and check that the contents of the Order are correct. If the Customer has not yet done so, he/she will then be invited to identify himself/herself or to register if he/she so wishes.

6.3.2) Once the Customer has validated the contents of the shopping cart and has identified or registered, an online form will be displayed inviting the Customer to provide the information required for FITNESS WORLD NUTRITION to process the Sales Order (identity, contact details, delivery address, billing address, payment information) and summarizing the price, applicable taxes and delivery charges.

6.3.3) Customers are invited to check the content of their Orders (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price) before validating their content. If the Customer has a promotional code, the Customer is also invited to enter it before validating the content of the Order, in which case the new promotional price will be displayed.

6.3.4) In order to place the Order, the Customer must tick a box confirming that he/she has read and accepted the GCU-V, failing which he/she will not be able to access the payment and validate the Order.

6.3.5) Once the Sales Order has been validated, the Customer may proceed to the payment of the Products by following the instructions on the Web Site and being redirected to the dedicated secure payment page, depending on the Customer's choice of payment method (credit card or Paypal).

6.4) Order Confirmation

6.4.1) Once all the steps described in Article 6.3) have been completed, a page shall appear on the Site to acknowledge receipt of the Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address provided by the Customer in the registration form is correct. FITNESS WORLD NUTRITION does not send any order confirmation by mail or fax.

6.4.2) The date of the order is the date on which FITNESS WORLD NUTRITION acknowledges receipt of the Customer's Order. The deadlines indicated on the Site thus start to run only as from this date.

6.5) Billing

6.5.1) During the Order placement procedure, the Customer shall enter the information required for invoicing and specify the chosen method of payment.

6.5.2) Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that FITNESS WORLD NUTRITION sends to the Customer by e-mail, constitute an invoice.

6.5.3) The Customer will receive the original invoice, issued to the name he/she has filled in, upon delivery of the Product(s), inside the package.

7) Prices

7.1) For all Products, the prices displayed on the Site are indicated in euros (€) including all taxes, as well as the applicable delivery charges (depending on the weight of the package and the delivery address).

7.2) The prices include in particular the value added tax (VAT) at the rate in force at the date of the Order. Any change in the applicable rate may affect the price of the Products as of the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the Products sold.

7.3) The applicable price is the one indicated on the Site on the date the Order is placed by the Customer.

7.4) The prices of the suppliers of FITNESS WORLD NUTRITION are likely to be modified. Consequently, the prices indicated on the Site can change. They can also be modified in the event of offers or special sales. The prices indicated are valid, except for a gross error.

7.5) Any bank charges related to the transactions remain the responsibility of the Customer.

8) Availability of Products

8.1) FITNESS WORLD NUTRITION undertakes to deliver the Product within the period indicated to the Customer, unless the parties have agreed otherwise.

8.2) The unavailability of a Product is in principle indicated on the page of the Product concerned on the Site. In any case, if the unavailability has not been indicated at the time of the Order, FITNESS WORLD NUTRITION undertakes to inform the Customer without delay if the Product is unavailable.

8.3) In the event that a Product is unavailable, FITNESS WORLD NUTRITION may, and if the parties agree, propose an alternative Product of equivalent quality and price, accepted by the Customer. If the Customer decides to cancel his or her Order for unavailable Products, he or she will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the Order was cancelled.

10) Right of withdrawal

9.1) As a matter of principle, in the event of subscription to a contract at a distance, following a canvassing or off-premises, the Customer benefits from a right of withdrawal, without having to give reasons for his decision or to bear any costs other than those provided for in articles L221-23 to L221-25 of the Consumer Code.

9.2) This right of withdrawal is exercised by the Customer by returning or restituting the Product(s) concerned, at the latest within fourteen (14) days from the date on which the Customer, or a third party other than the carrier and designated by the Customer, took physical possession of the Product(s) concerned.

9.3) To exert his right of retractation, the Customer must notify his decision to retract within the time allowed, by means of a declaration stripped of ambiguity (for example, letter sent by the post office, fax or electronic mail) to: fitness.world@outlook.fr or Company FITNESS WORLD NUTRITION - 48 chemin de Boudou - 31200 TOULOUSE.

If necessary, the Customer may use the model withdrawal form reproduced below:

..........................................................................................................................................................................................................................................................................................

WITHDRAWAL FORM

To be cut out and sent to FITNESS WORLD NUTRITION with acknowledgement of receipt, by post to the following address: 48 chemin de Boudou - 31200 TOULOUSE; or by email to the following address: fitness.world@outlook.fr

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

Product Reference :

Invoice No. :

Purchase order number

Date of order

Date received:

Customer's full name :

Customer's address :

Delivery address:

Date:

Signature (except in case of transmission by e-mail) :

9.4) The exercise of the right of withdrawal entails the automatic cancellation of the sales contract.

9.5) In the event of exercise by the Customer of his right of retractation, FITNESS WORLD NUTRITION will refund the totality of the versed sums to him, at the latest in the fourteen (14) days following the date of denunciation of the contract, with the exclusion of any other allowance, except possible increase in the event of delay of refunding.

10) Payment

10.1) Means of payment

10.1.1) The Customer can pay his Products on line on the Site according to the means proposed by FITNESS WORLD NUTRITION on its Site.

10.1.2) The Customer warrants to FITNESS WORLD NUTRITION that he/she has all the required authorizations to use the chosen payment method. FITNESS WORLD NUTRITION will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the Site. It is specified in this respect that all the information relating to the payment provided on the Site is transmitted to the bank of the Site and is not treated on the Site.

10.2) Date of payment

10.2.1) In the case of a single payment by credit card, the Customer's account will be debited as soon as the Products are ordered on the Site.

10.2.2) If Customer decides to cancel its Order for unavailable Products, the refund shall be made in accordance with Article 8.3) of these GCU-V.

10.3) Delay or refusal of payment

10.3.1) If the bank refuses to debit a card or other means of payment, the Customer should contact FITNESS WORLD NUTRITION in order to pay for the Order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer would be impossible, the Order will be cancelled and the sale automatically terminated.

11) Proof and archiving

11.1) Any contract concluded with the Customer corresponding to an Order of an amount higher than 120 euros including all taxes will be archived by FITNESS WORLD NUTRITION for a duration of ten (10) years in accordance with the article L213-1 of the Code of the consumption. FITNESS WORLD NUTRITION agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the Customer. In case of dispute, FITNESS WORLD NUTRITION will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

The content of the site https://www.fitness-world-nutrition.com/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

12) Retention of title clause - Transfer of ownership

12.1) In accordance with the provisions of articles 2367 to 2372 of the Civil code, FITNESS WORLD NUTRITION reserves the property of the Products sold until the integral payment of their price. The non-fulfilment by the Customer of its obligation of payment, for some cause that it is, confers thus to FITNESS WORLD NUTRITION the right to require the immediate restitution of the Products sold to the expenses, risks and dangers of the Customer and to cancel the sale if good seems to him.

The present GTC and the operations which result from it are governed and subjected to the French law.

The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

13) Delivery

13.1) Delivery area

The Products offered for sale on the Site can only be delivered in metropolitan France (including Corsica), to the member states of the European Union, Switzerland and Norway (hereafter " the Territory "). It is impossible to place an order for any delivery address located outside this Territory. The Products are shipped to the delivery address indicated by the Customer during the Order process.

13.2) Shipping time

13.2.1) The time required to prepare an order and then to issue an invoice, before the Products in stock are shipped, is mentioned on the Site. These deadlines are for working days, excluding weekends and public holidays. An e-mail message will automatically be sent to the Customer at the time of shipment of the Products, provided that the e-mail address entered in the registration form is correct.

13.3) Delivery times and costs

During the Sales Order process, FITNESS WORLD NUTRITION will inform the Customer of the shipping terms and conditions for the Products purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are detailed on the Site.

13.4) Terms of delivery

13.4.1) The package will be delivered to the Customer by hand or dropped off at a pick-up point or at a place designated by the Customer against signature. If the parcel is not collected by the Customer within a period of fourteen (14) days, the Customer shall be deemed to have tacitly withdrawn from the Sales Order; FITNESS WORLD NUTRITION will then retrieve the parcel and refund the Customer, and will be entitled to re-sell the Products in the Sales Order, without the Customer being entitled to claim any damages whatsoever.

13.5) Delivery problems

13.5.1) Customer shall be informed of the delivery date set at the time of validation of its Order.

13.5.2) The delivery will be carried out under thirty (30) days maximum. In defect, the Customer will have to put in residence FITNESS WORLD NUTRITION to deliver within a reasonable time and in the event of non-delivery within this time, it will be able to cancel the sale.

13.5.3) In the event of termination of the sale due to a delay in delivery within a reasonable period of time, FITNESS WORLD NUTRITION will refund, without undue delay after receipt of the termination letter, to the Customer the total amount paid for the Products, including taxes and delivery charges, by the same method of payment used by the Customer to purchase the Products. FITNESS WORLD NUTRITION is responsible until the Products are delivered to the Customer.

13.6) Conformity of the delivery

13.6.1) In the event of delivery of a package that is obviously and visibly damaged, incomplete or containing damaged Products, it is the Customer's responsibility to refuse it in order to benefit from the carrier's legal guarantee. In accordance with Article L133-3 of the French Commercial Code, it is reminded that the receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three (3) days, not including holidays, following the day of receipt, the consignee has not notified the carrier, by registered letter, of his justified protest. In the absence of this formality, the Customer cannot be compensated.

13.6.2) The Client must also inform FITNESS WORLD NUTRITION without delay, so that a new parcel can be prepared and dispatched as soon as possible, depending on availability and after receipt of the damaged parcel in return. In such a case, the delivery times indicated on the Sales Order confirmation will not apply.

14) Guarantees

14.1) Warranty of conformity

14.1.1) FITNESS WORLD NUTRITION guarantees the conformity of the Products offered for sale on the Site under the conditions provided for in Articles L.217-4 and L217-5 of the Consumer Code, in particular:

Article L217-4: " The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."

Article L217-5: " To be in conformity with the contract, the goods must :

1/ Be fit for the purpose ordinarily expected of similar property and, where applicable :

- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2/ Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

The Customer is informed that a lack of conformity is understood to be those existing at the time of delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge or has been carried out under his responsibility.

14.1.2) In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his/her choice. However, if the cost of the choice of the Customer is obviously disproportionate compared to the other possible option, taking into account the value of the Product or the importance of the defect, FITNESS WORLD NUTRITION will be able to proceed to a refund, without following the option chosen by the Customer.

14.1.3) On the assumption that a replacement or a repair would be impossible, FITNESS WORLD NUTRITION is committed to refunding the price of the Product under thirty (30) days with reception of the turned over Product and in exchange for the return of the Product(s) affected of a defect of conformity by the Customer to the following address Company FITNESS WORLD NUTRITION - 48 chemin de Boudou - 31200 TOULOUSE.

14.1.4) It is specified that the Customer is exempted from proving the existence of the defect of conformity of the Product during the twenty-four (24) months following the delivery of the Product. After this period, the Customer must provide proof of said lack of conformity.

14.1.5) The Customer is informed that the action resulting from a defect of conformity is prescribed by two (2) years as from the delivery of the Product in accordance with the article L217-12 of the Code of the Consumption.

14.2) Warranty of hidden defects

14.2.1) FITNESS WORLD NUTRITION guarantees the Products against hidden defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code, in particular:

Article 1641: " The seller is bound by the warranty for latent defects in the thing sold which 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 have given only a lesser price for it, if he had known of them.

The Customer is informed that a defect is defined as a manufacturing defect in the Product that renders it unfit for use and that could not be detected prior to its use; that a design defect is not a hidden defect, given that the Customer is deemed to have received all technical information relating to each Product sold.

14.2.2) In the event of a hidden defect, the Customer must inform FITNESS WORLD NUTRITION by registered letter with acknowledgement of receipt to the address of its registered office, at the latest within two (2) years of the date of discovery of the defect, it being specified that the proof of this date is incumbent on the Customer. If the hidden defect is proven, FITNESS WORLD NUTRITION will proceed as soon as possible to the replacement or the repair of the Product, without the Customer being able at any time to claim damages, for some cause that it is.

14.2.3) On the assumption that a replacement or a repair would be impossible, FITNESS WORLD NUTRITION is committed to refunding the price of the Product under thirty (30) days with reception of the turned over Product and in exchange for the return of the Product(s) affected of a hidden defect by the Customer to the following address Company FITNESS WORLD NUTRITION - 48 chemin de Boudou - 31200 TOULOUSE.

14.2.4) The Customer is informed that the action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect in accordance with Article 1648, paragraph¹ of the Civil Code.

15) Responsibilities - Force Majeure

15.1) FITNESS WORLD NUTRITION shall in no way be held responsible for the non-fulfilment or improper performance of the contractual obligations by the Client, notably when placing the Sales Order.

15.2) FITNESS WORLD NUTRITION shall not be held responsible, or considered to have failed to comply with these GCU-V, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts.

15.3) Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.

15.4) In the event of the occurrence of one of the above-mentioned events, FITNESS WORLD NUTRITION will endeavor to inform the Customer as soon as possible.

15.5) If the impediment is temporary, the performance of the obligation shall be suspended, unless the resulting delay justifies termination of the sale. If the impediment is definitive, the sale shall be cancelled by operation of law and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

15.6) It is furthermore specified that FITNESS WORLD NUTRITION does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes any responsibility for the information published there. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.

16) Intellectual property

16.1) All the elements, namely the texts, comments, works, illustrations, recipes, works, images, photographs, videos and all other graphic, sound or visual elements reproduced or represented, appearing on the documentations of FITNESS WORLD NUTRITION, on the Site and/or its published social networks, including the underlying technology, are protected by the French intellectual property law. In the same way, the trademarks, logos, drawings and models appearing on the FITNESS WORLD NUTRITION leaflets, on the Site and/or its social networks, are the exclusive property of FITNESS WORLD NUTRITION. Their disclosure can in no way be interpreted as granting a license or a right to use any of the said trademarks and distinctive elements protected by copyright. They cannot thus be used under penalty of counterfeit.

16.2) Thus, none of the elements coming from FITNESS WORLD NUTRITION's documentation, the Site and/or its social networks published, can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever. However, the Customer may download one copy of these materials onto a computer for his or her own personal, non-commercial use only, provided that the information contained therein is not modified and that all copyrights and other proprietary notices are kept intact.

16.3) Modification of these documents or their use for any other purpose constitutes an infringement of FITNESS WORLD NUTRITION's intellectual property rights.

17) Protection of personal data

17.1) FITNESS WORLD NUTRITION develops relationships with its Clients based on mutual trust. Ensuring the security and confidentiality of its Clients' personal data is a priority.

17.2) The information collected on the Customers from these last ones, likely to be qualified as personal data when they relate to an identified or identifiable physical person, such as the names, first names, functions, activities, postal addresses, electronic addresses, telephone numbers and fax numbers, are the subject of a data-processing treatment carried out by FITNESS WORLD NUTRITION, in its name and for its account, in its capacity as person in charge for treatment.

17.3) This information is essential to answer the requests for estimate, the treatment of the services, the conclusion and the execution of the contracts, the delivery, the invoicing of the sales, the management of the collections, the improvement of the quality of service and its commercial management. They are also collected by FITNESS WORLD NUTRITION in order to respect its own legal and regulatory obligations. It will be kept by FITNESS WORLD NUTRITION for the duration of the commercial relationship and up to five (5) years after the end of the said relationship, for evidential purposes.

17.4) FITNESS WORLD NUTRITION is committed to limiting the collection of data to that which is strictly necessary. It does not use the data collected from the Customer for purposes other than those for which they are collected.

17.5) Access to personal data is strictly limited to the managers and employees of FITNESS WORLD NUTRITION, who are authorized to process them by virtue of their functions. FITNESS WORLD NUTRITION may share certain Customer data:

When the processing and execution of orders require the use of external service providers or business partners, including carriers;
When the Client has given his consent ;
During debt collection operations, with debt collection agencies, court commissioners and court officers;
During internal audits of the company by public accountants or auditors;
During an inspection by the Commission Nationale Informatique et Libertés (CNIL), in order to comply with legal or regulatory obligations or as a result of a court decision.

17.6) FITNESS WORLD NUTRITION undertakes not to communicate the Customer's data to other third parties for commercial or advertising purposes.

17.7) In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as modified by the law n° 2004-801 of August 6, 2004, and by the European Regulation n°2016/679, the Customer has a right of access, rectification, deletion, and portability of data concerning him, as well as the right to object to the processing for legitimate reasons, rights that he can exercise by contacting the controller at the postal address or email mentioned in Article 1, enclosing proof of his valid identity. The Customer also has the right to file a complaint with the CNIL.

17.8) FITNESS WORLD NUTRITION undertakes to take all necessary precautions to preserve the security of the Customer's personal data, and in particular to prevent them from being distorted or damaged, or from being accessed by unauthorized third parties, or to prevent any improper use.

17.9) In the event of a personal data breach, FITNESS WORLD NUTRITION will notify the Customer as soon as possible after becoming aware of the breach. This notification will take place as soon as there is a breach of personal data, regardless of the associated risk. This notification is accompanied by any useful documentation (traces, register of treatments, etc.) in order to allow the Customer, if necessary, to notify this violation to the competent authority.

18) Litigation

18.1) Applicable law - Jurisdiction - Language

18.1.1) THE PRESENT CGU-V AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND FITNESS WORLD NUTRITION ARE GOVERNED BY THE FRENCH LAW. IN THE EVENT OF LITIGATION, ONLY THE FRENCH COURTS WILL BE QUALIFIED.

18.1.2) The GCU-V are written in French. In case of translation into other languages and contradiction with the French version, the French version shall prevail.

18.2) Attempted amicable resolution of disputes - Claims

18.2.1) In the event of a dispute relating to the negotiation, validity, execution, non-execution, interpretation, interruption or termination of the GCU-V, the parties undertake to attempt to settle their dispute amicably before bringing the matter before the competent court, the materially competent court being :

- For the Customer, at his choice: that of the registered office of FITNESS WORLD NUTRITION, that of the place of delivery of the Product which is the object of the litigious Sales Order, that of his place of residence at the time of the placing of the Sales Order or that of the place of occurrence of the harmful event;

- For FITNESS WORLD NUTRITION, at its choice: that of the place of residence of the Client or that of the place of delivery of the Product object of the litigious Order.

18.2.2) In the event of disagreement or litigation relating to interpretation, the validity, the execution or the cancellation of the contract, the Customer will be able to address to FITNESS WORLD NUTRITION a complaint justified by electronic mail to the following address: fitness.world@outlook.fr, or by postal mail addressed to: Company FITNESS WORLD NUTRITION - 48 chemin de Boudou - 31200 TOULOUSE.

18.3) Consumer Ombudsman

18.3.1) The Customer is also informed of the possibility, if no amicable agreement is found with FITNESS WORLD NUTRITION, to introduce a request for amicable resolution by way of mediation, in accordance with the provisions of the article L612-1 of the Code of consumption and subject to the provisions of the article L612.2 of the same code, within a time lower than one (1) year as from its written complaint with FITNESS WORLD NUTRITION.

18.3.2) This request for mediation may be initiated:

- By using the European online dispute resolution platform available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show ;

-By contacting the consumer mediator appointed by FITNESS WORLD NUTRITION: SAS MEDIATION SOLUTION (membership registered under n° 70185/RV/2303).

18.3.3) In order to refer a matter to this mediator, the most diligent party must formulate its request:

- Or by writing to : SAS MEDIATION SOLUTION - 222 chemin de la bergerie - France

01800 Saint Jean de Niost - Tel. 04 82 53 93 06 ;

- Or by mail to: contact@sasmediationsolution-conso.fr;

- Or by filling out the online form entitled "Referring a matter to the Ombudsman" on the website https://www.sasmediationsolution-conso.fr;

18.3.4) Whatever the means of referral used, the Customer's request must imperatively contain :

- The postal, telephone and electronic contact details of the Customer;

- The name, address and registration number at SAS MEDIATION SOLUTION, of FITNESS WORLD NUTRITION;

- A brief statement of the facts. The Client shall specify to the mediator what he expects from this mediation and why;

- A copy of the complaint previously addressed to FITNESS WORLD NUTRITION;

- All documents allowing the instruction of the request (purchase order, invoice, proof of payment,...).

18.3.5) The party wishing to initiate the mediation process shall first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the dispute.

18.3.6) Since mediation is not mandatory, either the Client or FITNESS WORLD NUTRITION may withdraw from the mediation process at any time.

19) Miscellaneous provisions

19.1) Divisibility

19.1.1) If one of the clauses of the GCU-V were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.

19.2) Non-waiver

19.2.1) The fact that the parties do not avail themselves temporarily or permanently of one or more clauses of the GCU-V, shall not in any way imply a waiver of the rest of the GCU-V.

19.3) Election of domicile

19.3.1) For the conclusion and execution of the GCU-V :

FITNESS WORLD NUTRITION elects domicile in its registered office;
The Client elects to reside at the address he or she provided at the time of placing the Sales Order. The client commits himself/herself to inform FITNESS WORLD NUTRITION of any modification of his/her address during the execution of the Sales contract and of his/her new postal address by any means of communication.