terms and conditions
GENERAL CONDITIONS OF SALE Published on August 12, 2020 SARL BODYTRAINERZ, SARL with a capital of 1,000 euros, registered with the RCS of Bobigny under number 835 336 207 00013, whose head office is located at 19 Allée Yvonne 93190 LIVRY GARGAN - contact@labz- nutrition.fr - is a company specializing in distance sports coaching services (packs, ebooks) for physical culture and/or well-being sports activities, as well as supplies of goods (accessories, clothing, food supplements, etc.) .) related to sports.
Article 1 – GENERAL PROVISIONS 1.1. Application of the general conditions of sale - Opposability of the general conditions of sale These general conditions of sale apply to all sales of services and supplies of goods concluded on the website (https://labz-nutrition.fr/) between the SARL BODYTRAINERZ, hereinafter referred to as "the BODYTRAINERZ company" and any natural or legal person hereinafter referred to as "the customer", on the day the order is placed and this until the delivery of the order. They are systematically sent or given to each customer to enable him to place an order.
1.2. Acceptance The customer declares to have read and accepted these General Conditions of Sale prior to placing the order and this without reservation. No particular condition can, except formal and written acceptance of the company BODYTRAINERZ, prevail against the general conditions of sale. Any contrary condition opposed by the customer will therefore, in the absence of express acceptance, be unenforceable against BODYTRAINERZ, regardless of when it may have been brought to its attention. The fact that the company BODYTRAINERZ does not avail itself at a given time of any of these general conditions of sale, cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
1.3. Contractual provisions The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.
1.4. Modification of the General Conditions of Sale BODYTRAINERZ reserves the right to modify its General Conditions of Sale at any time. The applicable General Conditions of Sale are those in force on the date of the order placed by the customer.
Article 2 - Essential characteristics of the products and services sold BODYTRAINERZ sells, on its website (https://labz-nutrition.fr/):
- food supplements,
- The remote sports coaching service,
- Trainings and ebooks
- healthy food
Article 3- Obligations of the client in the context of remote coaching services
3.1. Majority BODYTRAINERZ's distance sports coaching services are exclusively reserved for people aged 18 or over on the date of conclusion of the contract.
3.2. Medical certificate The customer must be in possession of a medical certificate dated less than one month, authorizing the practice of any physical and sporting activity, without contraindication. The medical certificate must be provided to the company BODYTRAINERZ within 8 days of the conclusion of the contract. Pregnant women at the time of the conclusion of the contract, whatever the stage of their pregnancy, must be in possession of a medical certificate, mentioning the said state of pregnancy and authorizing them to practice any physical and sporting activity, without contraindication , dated less than a month ago. The company BODYTRAINERZ also reserves the right to ask, at any time, its client to provide it with a medical certificate dated less than one month. The BODYTRAINERZ company's request will be made exclusively by email. The customer must provide the medical certificate within 8 days. In the event of non-presentation of the medical certificate within 8 days of the conclusion of the contract and/or following a request from BODYTRAINERZ during the course of the contract, the provision of services will be immediately canceled without any compensation and/or reimbursement. cannot be demanded of the customer.
3.3. Capacity to contract The customer declares not to be subject to a protection regime for adults as provided for in articles 488 and following of the Civil Code, on the day the order is placed.
3.4. Special conditions applicable to remote coaching services Remote coaching includes a bodybuilding program and a tailor-made food program, as well as their adjustments, developed on the basis of personal and medical information provided by the client in an initial and communicated assessment to the company BODYTRAINERZ. The responsibility of the company BODYTRAINERZ cannot be sought in cases where the customer has omitted to bring to its attention the information requested or has given it erroneous and/or misleading information.
Article 4- Orders
4.1. Conditions The order must specify in particular the quantity, the type, the references of the products sold as well as the agreed price, the terms of payment, the place and the date of delivery or removal. The characteristics of the products sold are described on the company's website BODYTRAINERZ (https://labz-nutrition.fr/) The photographs of the products are indicative and not contractual. BODYTRAINERZ cannot be held liable in the event of a slight difference in color or marking between the photograph presented and the product received.
4.2. Definitiveness of the order Orders are only final upon receipt of full payment and a confirmation email sent by the company BODYTRAINERZ Unless otherwise agreed, confirmation of the order entails for the customer acceptance of the general conditions of sale of the company BODYTRAINERZ, the acknowledgment of having full knowledge of it and the waiver to avail itself of its own conditions of purchase. The benefit of the order is personal to the customer and cannot be transferred without the agreement of BODYTRAINERZ.
4.3. Availability of stocks The products are offered and delivered within the limits of available stocks. In the event of unavailability of the products ordered, the company BODYTRAINERZ immediately informs the customer and can offer him a product of equivalent quality and price, or, failing that, a voucher for the amount of the order. usable on its website. In the event of the customer's disagreement, BODYTRAINERZ shall reimburse the sums paid within 15 days.
4.4. Order change
4.4.1. Modification of the order by the customer The orders being final and irrevocable, no modification of the order is possible.
4.4.2. Modification of the order by the seller BODYTRAINERZ undertakes to deliver a product in conformity with that ordered. It may nevertheless make changes to the product ordered which are linked to technical developments under the conditions provided for in article R 132-2-1 V of the Consumer Code.
4.5 . Validity of the order The company BODYTRAINERZ reserves the right to refuse any order:
- for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by customers as consumers,
- from a customer who has not paid in whole or in part a previous order or with whom a dispute is in progress.
- delivery of a product that does not conform to the declared characteristics of the product
- delivery exceeding the deadline set in the order form for products whose value is greater than €500
- price increase that is not justified by a technical modification of the product imposed by the public authorities.
- customer's refusal to take delivery
- non-payment of the price or the balance of the price at the time of delivery
In all these cases, the deposit paid with the order remains acquired by BODYTRAINERZ as compensation.
Article 5 – Right of withdrawal
5.1. In accordance with Article L.121-21 of the Consumer Code, the customer has a period of fourteen calendar days to exercise his right of withdrawal, without having to justify his decision, from:
- the day of the conclusion of the contract for contracts for the provision of services such as coaching;
- from the day of receipt of the goods by the customer or a third party other than the carrier and designated by the customer, for sales and service contracts including the delivery of goods;
- the receipt of the last good or batch or the last piece when the order relates to several goods delivered separately or to a good made up of batches or multiple pieces whose delivery is staggered over a defined period;
- the receipt of the first good for contracts providing for the regular delivery of goods during a defined period.
5.2. Customer's obligation
It is the customer's responsibility to return the goods covered by the order within 14 days from the date on which he informed BODYTRAINERZ of his decision to withdraw. Return costs are the responsibility of the customer.
5.3 Seller's obligation BODYTRAINERZ will reimburse the customer for all sums paid, including delivery costs.
Article 6 – Price
6.1. Selling price The selling price of the products is that in effect on the day the order is placed. The price of the services and products sold by the company BODYTRAINERZ are indicated in euros, all taxes included (TTC). In the event of an order delivered to a country other than Metropolitan France, the customer is the importer of the products he buys. For all products shipped outside overseas communities or the European Union, the invoice is based on the price excluding taxes. The customer is solely responsible for the declarations and payments of all customs duties or other taxes that may be payable in his country. Any tax, fee, duty or other service to be paid in application of French regulations or those of an importing country or a country of transit, are the responsibility of the customer. The sale price of the products does not include the shipping costs invoiced in addition to the price. The order form indicates the amount of the delivery costs before any order is placed. In the event of a promotional price, BODYTRAINERZ undertakes to apply this price to any order placed during the period of advertising made for the promotion.
6.2. Price modification BODYTRAINERZ reserves the right to modify its prices at any time. In the event of a price increase due to the application of the delivery rate in force, the customer has the right to cancel the order.
Article 7- Delivery
7.1. Terms Delivery is made in accordance with the order, by post or carrier, after receipt of payment.
7.2. Deadlines Deliveries are made only according to availability and in the order of arrival of orders. BODYTRAINERZ is authorized to make deliveries in whole or in part. The delivery times are indicated as exactly as possible but depend on the possibilities of supply and transport of the company BODYTRAINERZ. Exceedances and delivery times cannot give rise to damages, withholding, or cancellation of orders in progress. The company BODYTRAINERZ endeavors to respect the delivery times that it indicates when accepting the order, according to the logistical deadline of reference in the profession and to execute the orders, except force majeure, or in the event of circumstances beyond its control such as strike, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive. BODYTRAINERZ will keep the customer informed in a timely manner of the cases and events listed above. In any event, delivery on time can only occur if the customer is up to date with his obligations to the seller, whatever the cause.
Article 8 - Reception It is up to the customer, in the event of damage to the goods delivered or missing, to make all the necessary reservations with the carrier, by registered letter with acknowledgment of receipt at the latest within three days of receipt of the goods. products. Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects or non-conformity of the product delivered with the product ordered, or with the dispatch note, must be made in writing by registered letter with notice of receipt within three days of receipt of the products. It will be up to the customer to provide any justification as to the reality of the defects or anomalies observed. He must allow BODYTRAINERZ any facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose. For products sold packaged, the weights and measures at departure are proof of the quantities delivered.
Article 9 – Returns
9.1. Terms Any product return must be the subject of a formal agreement between BODYTRAINERZ and the customer. For hygienic reasons, products such as sweat girdles and belts cannot be returned. Any product returned without this agreement will be made available to the customer and will not give rise to the establishment of a credit note. The costs and risks of the return will be borne by the customer.
9.2. Consequences Any return accepted by the company BODYTRAINERZ will result in the establishment of a credit note for the benefit of the customer, after quantitative and qualitative verification of the returned products. Returns that do not comply with the above procedure will be penalized by the loss for the customer of the payment made.
Article 10 – Legal guarantee
10.1. Purpose All products supplied by BODYTRAINERZ benefit from the legal guarantee of conformity provided for in articles L.217-4 to L.217-14 of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Code civil. The legal guarantee of conformity and the guarantee of hidden defects are excluded in the event of normal wear and tear of the product. According to article 1641 of the Civil Code, the company BODYTRAINERZ "is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lesser price for it, if he had known them". Article 1648, paragraph 1 of the same Code provides "In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the company BODYTRAINERZ may be released from defects or apparent lack of conformity. In accordance with article L.217-4 of the Consumer Code, “ the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”. Article L.217-5 of the Consumer Code specifies: "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. “ In application of article L.217-12 of the Consumer Code, “the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
10.2. Terms of implementation of the warranty Without prejudice to the provisions to be made vis-à-vis the carrier, complaints about visible defects or non-compliance of the product delivered with the product ordered, or with the dispatch note, must be made in writing by registered letter with acknowledgment of receipt within three days of receipt of the products. It will be up to the customer to provide any justification as to the reality of the defects or anomalies observed. He must allow BODYTRAINERZ any facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose. For products sold packaged, the weights and measures at departure are proof of the quantities delivered.
10.3. Duration and territorial scope of the guarantee BODYTRAINERZ undertakes to repair or replace the product sold if a defect appears within 24 months of its delivery. The legal guarantee of conformity and the guarantee of hidden defects apply to all products sold by the company BODYTRAINERZ, delivered in metropolitan France, in the DOM-TOM and abroad.
1 1.3. Duration of immobilization of the product due to the repair In accordance with article L.211-16 of the Consumer Code, any period of immobilization of at least 7 days due to the repair of the product covered by the guarantee is added the duration of the guarantee granted initially.
Article 12 - Payment of the price
12.1. Payability The price is payable when ordering. If a delivery time is scheduled, a deposit must be paid when ordering and the balance of the price must be paid on delivery. Any sum paid in advance of the price shall produce interest at the legal rate from the expiry of a period of three months after payment and until delivery of the product.
12.2. Method of payment Payment can be made:
- by credit card on the BODYTRAINERZ website
The customer's bank account will be debited when the order is dispatched.
12.3. Late payment Any sum not paid on the due date is productive, without prior formal notice, of interest at the legal rate. In the event of late payment, the company BODYTRAINERZ may suspend all orders in progress without prejudice to any other course of action. In the event of non-payment 48 hours after a formal notice has remained unsuccessful, the sale will be terminated automatically if it seems to the company BODYTRAINERZ, which may request, in summary proceedings, the return of the products, without prejudice to any other damages and interests. The resolution will affect not only the order in question but also all previous unpaid orders whether they are delivered or in the process of being delivered and whether their payment is due or not. In all the above cases, the sums that will be due for other deliveries, or for any other cause, will become immediately payable if the company BODYTRAINERZ does not opt for the resolution of the corresponding orders. The customer must reimburse all the costs incurred by a contentious recovery of the sums due.
12.4. Default of payment The company BODYTRAINERZ reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with request for advice of receipt and to retain, as compensation, the deposit paid on the order.
12.5. Retention of title The company BODYTRAINERZ remains the owner of the products sold until full payment of the price and the customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
Article 13 - Risks Deliveries are made carriage paid. The transfer of risks on the products sold by the BODYTRAINERZ company takes place when the products are handed over to the carrier or when they leave its warehouses.
Article 14 – Liability, force majeure, penalty clause
1 4.1. Exemption from liability and force majeure BODYTRAINERZ cannot be held liable in the event of non-execution or poor execution of the contract, due either to the fact of the customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or in the event of force majeure.
14.2. Penalty clause In all cases of non-performance of its obligations by the customer, the deposit paid with the order remains acquired by BODYTRAINERZ as compensation.
Article 15 – Cancellation clause Cancellation of the order in the cases provided for in these General Conditions of Sale will be pronounced by simple registered letter with acknowledgment of receipt and will be automatically acquired without legal formality.
Article 16 – Complaint Any complaint must be addressed to the registered office of the company BODYTRAINERZ. In the event of failure of the request for complaint, the customer can submit the dispute which opposes him to the company BODYTRAINERZ to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. .
Article 17 – Attribution of jurisdiction The election of domicile is made by the company BODYTRAINERZ at its head office. In the event of failure of mediation or for any dispute concerning the application of these General Conditions of Sale and their interpretation, their execution and the sales contracts concluded by the company BODYTRAINERZ, or payment of the price will be brought before the competent jurisdiction of the registered office of BODYTRAINERZ, regardless of the place of order, delivery, payment, method of payment, and even in the event of a warranty claim or multiple defendants. The attribution of competence is general and applies, whether it is a main request, an incidental request, an action on the merits or in summary proceedings. In the event of legal action or any other action for recovery of debt by the company BODYTRAINERZ, the costs of summons, justice, lawyer and bailiff, and all related costs will be borne by the client at fault, as well as as the costs arising from the purchaser's non-compliance with the payment or delivery conditions of the order in question.
Article 18 – Applicable law Any question relating to these General Conditions of Sale as well as to the sales they govern, which would not be dealt with by these contractual stipulations, will be governed by French law, to the exclusion of any other law. .
Article 19 – Intellectual property The BODYTRAINERZ brand, logos, graphics, photographs, animations, videos and texts contained on the site https://labz-nutrition.fr/ may not be reproduced, used or represented without the express authorization from the company BODYTRAINERZ, under penalty of legal proceedings. The use of these elements by the customer is strictly reserved for private and personal use within the framework and for the duration of the service provided by BODYTRAINERZ. Any other use, modification, copy, reproduction, distribution, transmission, commercial exploitation, distribution, by the customer is strictly prohibited without the authorization of the company BODYTRAINERZ, under penalty of legal proceedings.