Legal Notice

Last update
January 2023


LABZ NUTRITION

SAS with capital of €1,007 - RCS LYON 835 336 207
VAT number FR 538 353 362 07
ZAC du Pontet 9 Chemin du Pontet - 69380 CIVRIEUX-D'AZERGUES


TERMS OF SALES
FROM LABZ NUTRITION
Sale to individuals



LABZ NUTRITION: Refers to the company "LABZ NUTRITION", a simplified joint-stock company with a capital of €1,007, whose registered office is located at ZAC du Pontet 9 chemin du Pontet – 69 380 CIVRIEUX-D'AZERGUES, registered in the Commercial Register and des Sociétés de LYON under number 835 336 207.

Buyer: Refers to the co-contracting consumer customer of LABZ NUTRITION.


Article 2 – ENTIRETY


These general conditions express the entirety of the obligations of the parties. In this sense, the buyer (or Internet user) is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the website www.labz-nutrition.fr and will prevail, where applicable, over any other version or any other contradictory document.

LABZ NUTRITION and the buyer agree that these general conditions exclusively govern their relationship. LABZ NUTRITION reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

The end customer (or Internet user) is exclusively an individual and declares to buy the products for personal purposes. It cannot in any case be a company, a business or any other entity acting for commercial, industrial, craft or liberal purposes. Thus, in this specific context, LABZ NUTRITION reserves the right to refuse an order, subject to acceptance of the general conditions of sale for professionals by the customer.


Article 3 – CONTENT


The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by LABZ NUTRITION to the buyer, from the website www.labz-nutrition.fr.

These conditions relate to purchases made by Internet users. For any delivery outside France, the buyer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of LABZ NUTRITION. They will be the responsibility of the buyer and are his full responsibility, both in terms of declarations and payments to the authorities and competent bodies of the country of destination. LABZ NUTRITION advises the buyer to find out about these aspects from the local authorities.

The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code as amended by Ordinance No. 2016-131 of February 10, 2016 - art. 2.


Article – PRE-CONTRACTUAL INFORMATION


4.2 The buyer declares to have read, in a clear and understandable manner, the following information:
- the essential characteristics of the product;
- the price of the product;
- in the absence of immediate execution of the contract, the period within which LABZ NUTRITION proceeds to the delivery of the product, whatever its price;
- information relating to the identity of LABZ NUTRITION, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the existence and methods of implementation of guarantees and other contractual conditions.

4.3 LABZ NUTRITION has provided the buyer with the following information:
- its corporate name, the geographical address of its establishment, its telephone number and its e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by LABZ NUTRITION for the processing of complaints;
- the existence and the methods of exercise of the legal guarantee of conformity provided for in articles L. 217-1 and following of the consumer code, of the guarantee against hidden defects provided for in articles 1641 and s. of the civil code; - the duration of the contract.


Article 5 – THE ORDER


The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

In case of unavailability of a product ordered, the buyer will be informed by e-mail.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the delivery address, and finally validate the payment method.

The sale will be considered final:

- after the sending to the buyer of the confirmation of the acceptance of the order by
LABZ NUTRITION by email;

- and after receipt by LABZ NUTRITION of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, LABZ NUTRITION reserves the right to block the buyer's order until the problem is resolved.

The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.


Article 6 – ELECTRONIC SIGNATURE


The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of sums due under the purchase order,
- signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact LABZ NUTRITION.


Article 7 – ORDER CONFIRMATION


LABZ NUTRITION provides the buyer with confirmation of the order after payment, confirming the express commitment of the parties.


Article 8 – PROOF OF THE TRANSACTION


The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.


Article 9 – PRODUCT INFORMATION


The products governed by these general conditions are those which appear on the LABZ NUTRITION website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.


Article 10 – PRICES


LABZ NUTRITION reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. These fees are calculated based on the weight and volume of the order, and may be offered depending on the volume of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.


Article 11 – METHOD OF PAYMENT


This is an order with payment obligation, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by LABZ NUTRITION:

Payment by credit card :

Payment can be made by credit card via a secure payment whose data is encrypted. Payments will be made through a secure system that uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can read it during transport on the network.

Payment by PayPal:

In the case of payment via PayPal, the buyer is taken to the secure payment pages hosted by PayPal. The buyer can make his payment either via his personal PayPal account, or by paying with his credit card via the PayPal platform (credit cards accepted: MasterCard, Visa, American Express). Payment data is exchanged in encrypted mode using the Paypal protocol.

Payment by Viva Wallet:

Payment can be made via the free native pan-European payment gateway in combination with the opensource e-commerce solution WooCommerce, on a fully cloud-based infrastructure via Microsoft Azure. Buyer benefits from integrated AI-powered risk management, anti-fraud system and payment protection via 3D Secure functionality, PCI DSS Level 1 compliant and supporting strong customer authentication (SCA).

The buyer guarantees to the company LABZ NUTRITION that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. LABZ NUTRITION reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment.

LABZ NUTRITION notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is under administration. .

LABZ NUTRITION has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to email LABZ NUTRITION a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by LABZ NUTRITION of the documents sent.

Payments made by the buyer will only be considered final after effective collection of the sums due, by LABZ NUTRITION.


Article 12 – AVAILABILITY OF PRODUCTS - REIMBURSEMENT - CANCELLATION

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated when ordering. . Shipping times run from the date of registration of the order indicated on the order confirmation email.

Note that delivery times are subject to change depending on the availability of items, in case of out of stock or an unusual delay, LABZ NUTRITION undertakes to notify the buyer by e-mail.

LABZ NUTRITION reserves the right to split the deliveries, the shipping costs being invoiced only once.

In case of late shipment, an email will be sent to the buyer to inform him of a possible consequence on the delivery time indicated to him.

In case of non-compliance with the date or the agreed delivery time, the buyer must, before terminating the contract, enjoin LABZ NUTRITION to execute it within a reasonable additional period.

In the absence of execution at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless LABZ NUTRITION has performed in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, LABZ NUTRITION is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

- the legal interest rate if the reimbursement occurs no later than 10 days after the expiry of the 14-day period set out above, - 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and five additional points for each new month of delay up to the price of the product, then the legal interest rate.

LABZ NUTRITION cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals by the carrier.

Our products are offered as long as they are visible on the site www.labz-nutrition.fr and within the limits of available stocks. For non-stocked products, offers are valid subject to availability from suppliers.

In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.

In addition, the website www.labz-nutrition.fr is not intended to sell its products in large quantities to consumers. Consequently, SARL LABZ NUTRITION reserves the right to refuse orders for more than 200 identical items.


Article 13 – DELIVERY TERMS


Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's bank.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) of the carrier being authentic.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to LABZ NUTRITION because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided when ordering.

If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected from the place and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter to LABZ NUTRITION.

If the products need to be returned to LABZ NUTRITION, the return of the products can only be accepted for the products in their original state (packaging, accessories, instructions, etc.).


Article 14 – DELIVERY ERRORS


The buyer must formulate with LABZ NUTRITION on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with to the instructions on the order form. Any complaint made after this period will be rejected.

Any claim not made in the rules defined above and within the time limits cannot be taken into account and will release LABZ NUTRITION from any liability vis-à-vis the buyer.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to LABZ NUTRITION as a whole and in its original packaging, by Colissimo Recommandé, to the following address:
ZAC du Pontet 9 chemin du Pontet – 69 380 CIVRIEUX-D’AZERGUES

Return costs are the responsibility of LABZ NUTRITION.


Article 15 – TRANSFER OF RISKS


Warning: as soon as the buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.


Article 16 – RESPONSIBILITY


The products offered comply with the French legislation in force. LABZ NUTRITION cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the buyer to check with the local authorities the possibilities of importing or using the products or services that you plan to order.

The buyer must be of legal age. The resale to a minor can only be carried out subject to the consent of the holder of parental authority.

The buyer must be fully aware of his state of health. The buyer being pregnant must refrain from using the products offered by LABZ NUTRITION. Buyers with excessive thinness, food intolerances or suffering from specific pathologies (kidney, heart, diabetes, etc.) must also be vigilant when using the products offered by LABZ NUTRITION.

The buyer is informed that a cure of food supplements is an individual experience, that its effects cannot therefore be determined in advance with accuracy, that it is therefore not subject to any obligation of results. Similarly, the buyer informed that taking the products offered by LABZ NUTRITION can not replace the practice of physical exercise, be confused with a follow-up or a medical and / or psychological consultation. Similarly, the products offered by LABZ NUTRITION must be used as part of a healthy lifestyle and not be used as a substitute for a varied and balanced diet or medication.

A cure of food supplements is not subject to any obligation of results, the testimonials appearing on the site www.labz-nutrition.fr only reflecting specific experiences. The testimonials present on the site www.labz-nutrition.fr were sent by consumers of www.labz-nutrition.fr.

These testimonials are not a guarantee of the results of the buyer but tend to represent and illustrate potential results, obtained within the framework of an optimal use of the products offered by LABZ NUTRITION. The testimonials are not intended to represent reality, but only to illustrate the results that the buyer could potentially obtain thanks to the regular intake of the products offered by LABZ NUTRITION.

The products marketed by LABZ NUTRITION are manufactured by LABZ NUTRITION or by partner laboratories. LABZ NUTRITION offers the buyer a guarantee of conformity, quality and compliance with the regulations applicable to food supplements. LABZ NUTRITION also guarantees that the products have been subject to checks and tests before being placed on the market.

In any case, the responsibility of LABZ NUTRITION can not be sought in the following cases:

- lack of suitability of the products offered by LABZ NUTRITION to the needs of the buyer;

- prejudice suffered by the buyer due to improper use of the products offered by LABZ NUTRITION;

- absence of verification by the buyer, throughout the taking of the products offered by LABZ NUTRITION, of his state of health and of his possible allergies to one of the components of the product.

The results are personal, so no results can be guaranteed due to the use of products provided by LABZ NUTRITION.

Finally, LABZ NUTRITION cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.


Article 17 – LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE AGAINST HIDDEN DEFECTS


The company "LABZ NUTRITION", a simplified joint-stock company with capital of €1,007, whose registered office is located at ZAC du Pontet 9 chemin du Pontet – 69 380 CIVRIEUX-D'AZERGUES, registered in the Trade and Companies Register of LYON under the number 835 336 207, guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of the consumption or the guarantee of defects of the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to act; - the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code; - the buyer is exempted from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.

In addition, it is recalled that the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.


Article 18 – RIGHT OF WITHDRAWAL


In accordance with the provisions of the Consumer Code, with the exception of products likely to deteriorate or expire rapidly, or products unsealed by the buyer which cannot be returned for reasons of hygiene or health protection, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.

The products must however be returned in their original packaging and in perfect condition within 21 days of notifying the seller of the buyer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised using the withdrawal form available in the appendix hereto. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.


Article 19 – FORCE MAJEURE


All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.


Article 20 – INTELLECTUAL PROPERTY


The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.


Article 21 – PERSONAL DATA


This section illustrates the commitment of LABZ NUTRITION with regard to respect for privacy and the protection of the Customer's personal data, collected and processed during the execution of the order.

By requesting the services of LABZ NUTRITION, the Customer accepts that his data will be collected and processed under the terms and conditions set out below.

This policy is an integral part of these General Conditions and may be modified at any time, in particular to comply with any legislative, regulatory, jurisprudential, editorial or technical developments.

Identity of the controller

The customer data processing manager is LABZ NUTRITION, a simplified joint-stock company with a capital of 1,007.00 euros, whose registered office is located at 9 Chemin du Pontet ZAC du Pontet 69380 CIVRIEUX-D'AZERGUES, registered in the Register du Commerce et des Sociétés de LYON under number 835 336 207.

21.1 Data protection

21.1.1 "Personal data" is defined as any information relating to an identified or identifiable natural person, with the meaning given in European Regulation 2016/679 on the protection of natural persons with regard to the processing of data. of a personal nature and on the free movement of such data (the "GDPR").

"Processing" is defined as any operation or set of operations whether or not carried out using automated processes and applied to data or sets of personal data, such as the collection, recording, organization , structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation or interconnection, limitation , erasure or destruction.

21.1.2 LABZ NUTRITION will comply with all applicable laws and regulations regarding the protection of personal data, as amended from time to time, such as EU Regulation 2016/679 on the protection of personal data ("GDPR") , Law No. 78-relating to data processing, files and freedoms taken into application as amended, and any new national law adopted. LABZ NUTRITION undertakes, if necessary, to fulfill its obligations to carry out the formalities concerning its data processing with the relevant control authority and, in addition, to take any other measure requested by the Customer in order to allow Customer to comply with any notice or other obligation applicable to Customer or its subsidiaries and/or parent companies under such laws and regulations. The Parties agree to maintain a record of the processing activities under their respective responsibility, in accordance with the terms of the GDPR.

21.1.3 LABZ NUTRITION shall comply with all applicable laws, as amended from time to time, in relation to the processing of personal data, including the following provisions:
(a) ensure that the personal data collected by LABZ NUTRITION is processed exclusively in accordance with the agreed services
(b) LABZ NUTRITION will use the personal data strictly necessary to fulfill its obligations in the context of the performance of its services and not for other purposes, thus excluding any processing or use of personal data for its own needs as well as the transfer of personal data to any third party unless expressly authorized by the Customer,
(c) if LABZ NUTRITION subcontracts its obligations under the terms of the services ordered, it can only do so by means of a written agreement with the subcontractor which imposes on the latter the same obligations as those imposed on LABZ NUTRITION under this processing policy,
(d) ensure that personal data is not disclosed or transferred to any third party without the Customer's prior consent, except:
(i) as specifically provided, or
(ii) if such disclosure or transfer is required by law or by decision of a supervisory authority, in which case LABZ NUTRITION shall, to the extent possible:
• promptly notify Customer in writing, prior to complying with any such disclosure or transfer request, and
• comply with all reasonable instructions of the Customer regarding such disclosure or transfer,
(e) implement and maintain commercially reasonable technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, destruction, damage, accidental corruption or alteration, unauthorized disclosure or access -authorized and against any other unlawful form of data processing.

21.1.4 LABZ NUTRITION undertakes that itself, as well as any subcontractor hired by LABZ NUTRITION:
(a) informs the Client without delay in the event that it is impossible for him to
comply with this Processing Policy or any of its terms,
(b) obtains assurances from all its employees, agents and subcontractors that they are well informed and that they comply with the obligations to which LABZ NUTRITION is subject under
(c) immediately notify the Customer of:
1. any legally binding request for disclosure of data
personal information by an authority, unless otherwise provided by law,
2. any request received for the personal data directly from the data subject, and
3. any complaint, communication or request relating to the Customer's obligations under applicable laws (including requests from a competent supervisory authority),
(d) implements appropriate mechanisms to ensure that personal data can be accessed, corrected, restricted, deleted and blocked, as well as to ensure the portability of personal data, following legal requirements, at the request of a supervisory authority or on instructions from the data subject,
(e) ensures that the employees, agents and subcontractors who may be required by LABZ NUTRITION to assist it in the performance of the obligations imposed by the Client will have access to the personal data and will be subject to the obligations of confidentiality and data security,
(f) takes all reasonable measures to ensure the reliability of its employees and the personnel of the subcontractors who will have access to the personal data,
(g) notify Customer of any unauthorized or unlawful Processing, including any Processing in violation of the provisions of this Processing Policy, or any accidental loss, destruction, damage, alteration or disclosure of Personal Data as soon as it becomes aware of it. knowledge, but no later than 36 hours after the occurrence of the event, and keep the Customer informed of any related development,
(h) take reasonable steps to return, store, destroy or permanently disable personal data when it is no longer required to be retained, in accordance with any instructions from the Customer which are reasonable and comply with the law.

21.1.5 At the Customer's request, to enable it to comply with any applicable data privacy or data protection law, LABZ NUTRITION will execute the version of a model clause resulting from a decision of the Commission European Union on the basis of Article 26 (4) of Directive 95/46/EC and Article 46 of the GDPR, to offer sufficient data protection guarantees (in accordance with Article 26 (2) of the said Directive and Article 46 of the GDPR), in relation to any transfer of personal data within the European Economic Area (“EEA”).

21.2 Shelf life

LABZ NUTRITION undertakes not to keep user data beyond the time strictly necessary for the purposes pursued and in accordance with applicable regulations.

LABZ NUTRITION undertakes to archive, anonymize, delete the data as soon as the purpose or retention period expires.

The maximum retention periods apply unless a request for deletion or cessation of processing is made before the expiry of these periods.

However, at the end of these periods, the data may be subject to intermediate archiving in order to meet the legal, accounting and tax obligations of LABZ NUTRITION.

Purpose Legal basis Categories of data Categories of
no one
s Shelf life
Prospecting and
animation Legitimate interest Identity/civil status
Customer contact details
Prospects 3 years
Management of the relationship with its customers and
prospects Identity/civil status
Contact details Personal/professional life Clients Prospects The longest duration between: duration of the contractual relationship and firm duration of 3 years.
Organization, registration and invitation to LABZ NUTRITION events. Identity/civil status
Contact details Personal/professional life Clients
Leads
Guests 3 years
Production, management, follow-up of the files of
its customers Execution of pre-contractual measures or of the contract Identity/civil status
Personal and/or professional life
Order information
economic
and financial Customers Duration of the contractual relationship plus limitation periods.
Invoicing Identity/civil status Customers 10 years from the closing date of
Order information
economic
and financial the fiscal year in which the invoice was issued.
Identity/civil status recovery
Order information
economic
and Financial Clients Until full payment of fees.
Prevention of money laundering and terrorist financing and the fight against corruption Respect
of bonds
legal and
Identity/State
Civilian, Life
personal and/or professional
Order information
economic
and financial Customers 5 years after the end of the contractual relationship with LABZ NUTRITION.
Identity/State Accounting
civil,
Order information
economic
and financial Customers 10 years from the end of the financial year.


21.3 Customer Rights

Articles 14 to 22 of Regulation 2016/669 of April 26, 2016 grant the Customer the following rights:

• A right of access to data,

• A right to rectify data,

• A right of opposition to the collection and processing of data,

• A right to the erasure of his data,

• A right to limitation in the collection and processing of its data,

• A right to data portability.

The Customer also has the right to communicate directives relating to the storage, erasure and communication of his data after his death.

The Customer may exercise his rights by sending a request by email to this effect to the address contact@labz-nutrition.com or by post to the following address: 9 Chemin du Pontet ZAC du Pontet 69380 CIVRIEUX-D'AZERGUES.

LABZ NUTRITION reserves the right to verify the identity of the Customer.

In the absence of a response or if the Customer is not satisfied with the response provided, he has the possibility of lodging a complaint with the CNIL whose contact details appear at the following address: https://www.cnil .Fr.


Article 22 – PARTIAL NON-VALIDATION


If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.


Article 23 – NON-WAIVER


The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.


Article 24 – TITLE


In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.


Article 25 – LANGUAGE OF THE CONTRACT


These general 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 the event of a dispute.


Article 26 – MEDIATION


The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with article L. 612-1 of the Consumer Code, the buyer, subject to article L.612.2 of the consumer code, has the right to submit a request for amicable resolution by way of mediation. , within a period of less than one year from its written complaint to the professional.

LABZ NUTRITION has designated, by membership registered under number 80224/MJ/2212, SAS Mediation Solution as a consumer mediation entity.

To seize the mediator, the buyer can formulate his request:

- Either in writing to:
Sas Mediation Solution
222 sheepfold road
01800 Saint Jean de Niost
Such. 04 82 53 93 06

- Either by email to: contact@sasmediationsolution-conso.fr

- Or by completing the online form entitled "Seize the mediator" on the site https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the buyer is invited to send the mediator:
- Their postal, telephone and electronic contact details,
- A statement of the purpose of his request,
- Copy of the complaint made to LABZ NUTRITION, to which LABZ NUTRITION would not have given complete satisfaction,
- Any document allowing the mediator to analyze the request (purchase order, invoice, proof of payment, etc.)

Article 27 – APPLICABLE LAW


These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact LABZ NUTRITION to obtain an amicable solution.


APPENDIX 1 - Provisions relating to legal warranties

Article L217-4 of the consumer code Created by Ordinance n°2016-301 of March 14, 2016 - art.

The seller delivers a good in conformity 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 L217-5 of the consumer code
Created by Ordinance n°2016-301 of March 14, 2016 - art.

The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item 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.


Article L217-12 of the consumer code
Created by Ordinance n°2016-301 of March 14, 2016 - art.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.


Article L217-16 of the consumer code
Created by Ordinance n°2016-301 of March 14, 2016 - art.

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.


Article 1641 of the civil code
Created by Law 1804-03-06 promulgated on March 16, 1804

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.


Item 1648
Modified by LAW n°2009-323 of March 25, 2009 - art. 109

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
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 seller can be released from the apparent defects or lack of conformity.


APPENDIX 2 - Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of the company "LABZ NUTRITION", a simplified joint-stock company with a capital of €1,007, whose registered office is located at ZAC du Pontet 9 chemin du Pontet – 69 380 CIVRIEUX-D'AZERGUES, registered in the du Commerce et des Sociétés de LYON under number 835 336 207:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

Date :

(*) Strike out the useless mention.