General Terms and Conditions of Sale

Preamble:

These general terms and conditions of sale are entered into between:

On the one hand,

BACK2BASICS, specializing in the online sale of sports nutrition products on its website www.nutri-bay.com, registered with the Luxembourg Trade and Companies Register under number: 2017 24 02 004, whose registered office is located in Clemency and represented by Bernard Eymael in his capacity as Managing Director.

hereinafter referred to as "the Seller" or "Nutri-Bay.com"

And on the other hand,

The individual, at least 18 years old, or the legal entity with the legal capacity to contract independently and wishing to make a purchase via the website "www.nutri-bay.com".

hereinafter referred to as "the Buyer"

Together referred to as "the Parties"

Before any transaction, the Buyer acknowledges having read the General Terms and Conditions of Sale and expressly declares their acceptance when clicking the "Validate my order" button.

The date of the last update to the General Terms and Conditions of Sale is February 15, 2017. The Seller reserves the right to modify the General Terms and Conditions of Sale. Accordingly, the General Terms and Conditions of Sale applicable to each order shall be those in effect on the date the Buyer validates the order.

Article 1: Purpose

These general terms and conditions govern the sale of sports nutrition products between the Seller and the Buyer through the website "www.nutri-bay.com". Unless otherwise expressly agreed and accepted by both parties, placing an order online constitutes the Customer's unreserved acceptance of these general terms and conditions. 

Article 2: Prices and promotions

The prices charged are those recommended by the supplier, excluding promotional operations. The Seller reserves the right to modify the prices listed on its website at any time, without prior notice, until the Buyer validates the order.

The Seller also reserves the right to suspend announced or ongoing promotional operations at any time.

By default, promotional products are not eligible for promotional codes and gift vouchers.

Promotional codes cannot be combined.

All prices are stated in euros. Unless otherwise indicated, prices include all taxes (VAT and other taxes applicable on the date of the order) and exclude processing and shipping costs.

Article 3: Orders

Language

The language used on the www.nutri-bay.com website is French and English. All order placement steps are carried out in French and English.

Order placement steps

The Buyer may order one or more items offered for sale on the website www.nutri-bay.com. All items offered for sale are presented in the form of a "product page" clearly containing the price, a photo, and the product's main technical characteristics. The Buyer's confirmation of the order constitutes acceptance of the price and the technical characteristics of the product or products concerned.

The Buyer selects the items they wish to include in the order by clicking the "Add to my cart" button in the catalog or directly on the product page. They then select the number of units of the item they wish to include in their order by clicking the "+" or "-" buttons.

At any time, the Buyer can view the summary of their order and modify its contents by clicking the "My cart" button.

In the "My cart" section, the Buyer can confirm their order by clicking the "Confirm my order" button.

The buyer is then asked to check and confirm the contents of their order, review these General Terms and Conditions of Sale, and enter the information required for payment. Any confirmed order constitutes unreserved acceptance of the price and the product's characteristics.

The order is final once the Buyer has effectively paid the order price. This confirmation is immediately and automatically sent to the Buyer by email, summarizing all information relating to the order and specifying the delivery address provided by the Buyer.

All data provided and the recorded confirmation shall constitute proof of the transaction.

- The Buyer bears the risk of loss of or damage to the products from the time the order is confirmed.

The seller reserves the right not to record a payment and not to confirm an order for any reason whatsoever, particularly in the event of supply problems or difficulties concerning the order received. 

Article 4: Payment

Submitting the order entails the Customer's obligation to pay the stated price. Payment may be made by (at the customer's choice): credit card, VISA Eurocard, Mastercard, or Paypal. Payment includes the price of the product including all taxes, as well as any applicable delivery charges. The products remain the Seller's property until the price has been paid in full.

Article 5: Withdrawal

In accordance with the legal provisions excluding the exercise of the right of withdrawal in the context of distance selling of perishable products, once a transaction has been completed, the order is automatically recorded and becomes firm and final,

However, in our desire to serve you ever better, we depart from this provision by allowing you, under certain conditions, to withdraw.

In this regard, the customer has a withdrawal period of 14 clear days (from receipt of the items).

In the event of an exchange or refund, the customer must return the new item(s) within 7 days in their original, intact packaging, together with any accessories, instructions for use, and documentation, to the following address: Back2Basics sàrl,, 15 Rue de Grass, 8378, Kleinbettingen,Luxembourg.

In the event of exercising the right of withdrawal, as well as in the event of failure to collect the order within the allotted time, Back2Basics sàrl must refund the amounts paid by the customer, excluding shipping and return costs and a €5 administrative fee. The refund is due within a maximum of 15 days.

Article 6: Delivery

6.1: Delivery charges

Delivery charges are amounts indicated by country on the website's delivery information page.

6.2: Delivery time

Standard orders placed before 12 p.m. are prepared and shipped within 24 to 48 hours, except in exceptional circumstances.

Orders are not prepared on Saturdays, Sundays, or public holidays.

6.3: Delivery area

The Seller's delivery area covers Luxembourg, Belgium, France, the Netherlands, and Germany.

The products will be shipped according to the method selected by the Buyer when placing the order and once payment for the order has been made.

The Buyer is required to provide a valid delivery address that allows the ordered products to be effectively delivered. In the event of delivery in metropolitan France, any customs duties, local taxes, import duties, or state taxes shall be borne by the Customer, who shall be entirely responsible for all declarations and payments to the competent authorities and organizations in the delivery country. The Seller shall not be held liable for a failed or delayed delivery resulting from the Buyer's failure to fulfill their obligations.

In the event of a shipping delay, the Buyer will be informed by email of any potential impact on the delivery time indicated at the time of the order.

The Seller cannot be held liable for delivery delays caused exclusively by a carrier failure, a force majeure event within the meaning of Luxembourg law, or the customer's unavailability to receive the products.

6.4: Shipping partner

Deliveries are made during normal business hours by our contracted partners presented on the dedicated page of our website. The Buyer must provide complete and accurate contact details (shipping address, telephone number, email address) so that someone can receive the package.

Article 7: Warranties

Products sold on the Nutri-Bay.com website benefit from:

- the statutory warranty of conformity;

- the statutory warranty for latent defects;

- the manufacturer's warranty, the scope and duration of which vary depending on the Products and brands.

Any contractual warranty shall be forfeited as soon as the Buyer attempts to modify the product. Modification, customization, or opening by an unauthorized person constitutes grounds for exclusion from warranty coverage.

 In any event, the warranty does not cover the replacement of consumables or wear and tear of the equipment.

No warranty may be granted if the defect presented by the product results from improper use, transport, or storage of the product, or if the Buyer does not use the product reasonably.

 Back2basics cannot be held liable in the following cases:

• the manufacturer's refusal to apply its warranty for the reasons set out above;

• replacement periods or delays for a product

Regarding after-sales service and any complaints, the Buyer may contact the company by email using the contact form.

Article 8: Liability

The products offered comply with the legislation in force in Luxembourg. BACK2BASICS shall not be held liable for non-compliance with the legislation of the country where the product is delivered.

The customer is responsible for checking with the local authorities whether the products they intend to order may be imported or used.

Furthermore, BACK2BASICS shall not be held liable for damage related to the Customer's use of the product.

Finally, BACK2BASICS shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses.

Under no circumstances shall Nutri-bay,com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind resulting from the use of the service or any content (or product) displayed, transmitted or made available through the service, even if advised of their possibility.

Article 9: Applicable law in the event of a dispute

The language of the contract is French, and the applicable law is Luxembourg law. All disputes to which this contract may give rise shall be submitted to the competent Luxembourg courts.

Article 10: Intellectual property

All elements of the site Nutri-Bay.com are and remain the exclusive intellectual property of BACK2BASICS. No one is authorized to reproduce, exploit, redistribute or use, in any way whatsoever, even partially, any elements of the site, whether software, visual or audio. Any simple link or hyperlink is strictly prohibited without the express written consent of Back2basics.

Article 11: Personal data

BACK2BASICS reserves the right to collect the Buyer's personal information and personal data. They are necessary for managing orders, as well as improving the services and information sent to the Customer.  

They may also be transmitted to companies that contribute to these relationships, such as those responsible for carrying out services and orders for their management, execution, processing and payment.  

This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations.  

In accordance with legislation on the protection of individuals with regard to the processing of personal data, the Buyer has the right to access, rectify and object to the personal information and personal data concerning them, directly on the website.