Article 1: Purpose

The general terms and conditions of sale described below detail the rights and obligations of FITCORP and its customers in connection with the sale of the following goods: dietary supplements, equipment and accessories.
Any service provided by FITCORP implies the buyer's unreserved acceptance of these general terms and conditions of sale.

Article 2 : Presentation of products

The characteristics of the products offered for sale are presented in the various "Sports nutrition, accessories, equipment and clothing" sections of our website. Photographs are not contractually binding. FITCORP cannot be held responsible for any errors that may appear. All texts and images presented on the fitadium.com site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden.

Article 3: Period of validity of sales offers

Products are offered for sale while stocks last. In the event of an order for a product becoming unavailable, the customer will be informed of this unavailability as soon as possible by e-mail.
All our product offers and crossed-out prices are valid as long as they are visible on the site, or until the time communicated on the communication medium.
All promotions and offers are limited to the available stock reserved for the campaign in question.
Promotional codes are not cumulative, i.e. only one valid promotional code per order. The following are considered as promotional codes: codes giving rise to free shipping, codes for obtaining a gift, discount codes, promotion codes.
A promotional code of any kind may not give rise to a refund, is not interest-bearing and may not be passed on to third parties

Article 4: Product prices

The "Your goals, Nutrition, Clothing and accessories, Special offers" sections of our site indicate prices in euros, all taxes included, excluding shipping costs. The amount of VAT is specified when the customer selects a product, and shipping costs appear on the screen at the end of the customer's selection of the various products.
FITCORP reserves the right to modify its prices at any time, but products ordered are invoiced at the price in force when the order is registered.
The prices quoted include any discounts and rebates that FITCORP may grant on the basis of its results or the assumption by the purchaser of certain services.

Article 5 : Order

The customer confirms his/her order by clicking on the "Confirm my order" link at the bottom of the page. Summary of your order after having accepted the present conditions of sale. FITCORP confirms the order by e-mail. FITCORP reserves the right to cancel any order with which there is a dispute relating to the payment of a previous order. The customer's right of withdrawal is valid within 30 days of receipt of the order. The data recorded by FITCORP constitutes proof of the nature, content and date of the order. The latter is archived by FITCORP in accordance with legal conditions and deadlines.
Fitadium.com is particularly attentive to the risks of usurpation of your bank details and to the security of transactions carried out on the site. For this reason, FITCORP reserves the right to request supporting documents for all first orders placed on the site, and may carry out checks to verify that you are the owner of the means of payment used to settle the transaction placed on our site.
Failure or refusal to respond to our requests for information or to transmit the requested supporting documents may lead us to refuse to validate the order concerned. In addition, the delay in transmitting the requested documents may delay the dispatch or delivery of the products ordered.
Within the framework of these procedures, fitadium.com or any person authorized by it, also reserves the right to request from the customer the documents necessary for the execution of the order: proof of address and name of the customer, as well as those of the person indicated for delivery. These requests will be made by telephone and/or e-mail.
By placing an order, you accept the prices and descriptions of the products you have placed in your basket.

Article 6 : Personal information and addresses

The information provided by the Customer when placing an order (notably name and delivery address) is binding. Accordingly, fitadium.com cannot be held liable in the event that an error in placing the order prevents or delays delivery. An erroneous or incomplete address may result in the return of the fitadium.com parcel, entailing additional costs which will be charged to the customer if he wishes the parcel to be reshipped.
Your personal information will not be communicated to third parties, with the exception of the transport company in charge of delivery.

Article 7 : Terms of payment

Orders can be paid for by credit card, cheque, bank transfer, Paypal or private card.
When the order is registered, the buyer pays the total amount of the invoice in cash.
Payments by credit card are directed to the Payplug server, the new-generation 100% Secure online credit card payment solution.
For payments in 3 or 4 instalments (by Oney Bank - CB Visa and Mastercard only), the validation time is a maximum of 48 hours. The first instalment is deducted when the order is placed, then automatically after 30 days, 60 days and 90 days. The charges applied are 1.45% for payment in 3 instalments (up to a maximum of €15) and 2.2% for payment in 4 instalments (up to a maximum of €30).
Cheques sent by post, in settlement of an order placed on the fitadium.com website or by telephone, will be subject to a request to the Vérifiance-FNCI service, which consults the national file of irregular cheques.

For payments by cheque or bank transfer, product availability is assessed on the day your payment is received by Fitadium.com.. If no payment by cheque or bank transfer is received for a period of 15 days, the order will be automatically cancelled.
Payment by bank transfer: Any bank charges claimed by the customer's bank are at the customer's expense.

Article 8 : Late payment

In the event of total or partial non-payment of the goods delivered on the date of receipt, the purchaser must pay FITCORP a late payment penalty equal to one and a half times the legal interest rate.
The legal interest rate applied is that in force on the date of delivery of the goods.
This penalty is calculated on the amount of the outstanding sum, and runs from the due date of the price without any prior formal notice being required.
In accordance with articles 441-6 c. com. and D. 441-5 c. com.., any delay in payment automatically entails, in addition to late payment penalties, an obligation on the part of the debtor to pay a flat-rate indemnity of €40 for collection costs.
An additional indemnity may be claimed, with supporting documents, when the collection costs incurred exceed the amount of the flat-rate indemnity.

Article 9: Delivery and transport costs

All products are delivered without any guarantee as to delivery times, except for deliveries to private customers.
Deliveries in mainland France are made by DPD France. Transport cost: 6.90€ by DPD Predict (home delivery against signature) and 4.90€ by relay pick-up. By Chronopost Domicile: Transport charge: €9.90 for all orders
When you order several products at the same time and they have different delivery times, the delivery time of the order is based on the longest delivery time. fitadium.com offers the possibility of splitting shipments. Shipping and handling charges will only be invoiced for a single shipment.
Packages that are too heavy or too bulky can be split into two or more packages.
For deliveries with DPD, the customer is offered a choice of time slots, but cannot choose a specific delivery time, as deliveries are subject to the routes defined by the carrier on the delivery date. Chronopost deliveries are made before 1pm the following day (for orders placed from Monday to Thursday at 3.45pm).
Deliveries abroad are made by La Poste using the Colissimo service. Transport charges vary according to the weight of the parcel.
DPD France's delivery deadline varies according to the address. It is set, for an address in metropolitan France, on the day of payment + 2 working days and, in Colissimo for other destinations, on the day of payment + 5 working days. FITCORP declines all legal responsibility if the customer fails to pay taxes (customs duty, value added tax, etc.).
The "Mister Pacha - Paid Concierge Service" is offered for certain departments in the Paris region. This service is independent of the delivery price offered by Fitadium. It will be invoiced to you at a later date via the MR Pasha mobile application for the sum of €5.90 including VAT.

Article 10 : Referral terms and conditions

The use of referral codes is limited to 5 referrals per account. Any breach of these terms and conditions will automatically result in the deactivation of the account (communication of discount codes on different websites, multiple accounts, spam, etc.)

Article 11 : Warranties

In application of legislative and regulatory provisions, all orders are subject to the legal guarantee of conformity of article L 217-4 et seq. of the French Consumer Code and the guarantee of hidden defects of the French Civil Code, provided for in articles 1641 et seq.

11.1 : Legal warranty of conformity

Article L.217-4 of the French Consumer Code:
The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L.217-5 of the French Consumer Code:
The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :

• if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L.217-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L.217-16 of the French Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for repair, or from the date the item in question is made available for repair, if the item is made available after the request for repair.

11.2: Warranty against hidden defects

Article 1641 of the French Civil Code:
The seller is liable for defects in the goods which render them unsuitable for their intended use, or which impair this use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he been aware of them.
Article 1648 of the French Civil Code, paragraph 1:
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

11.3 : Exclusion of warranty

The customer may not invoke any legal warranty if the damage results from abnormal use of the product by the customer.
Likewise, no warranty shall apply if the product has been modified or repaired without FITADIUM's authorization.

11.4 : Information

For any question or request for information relating to the guarantees of the Products offered, the Customer may contact FITADIUM, using the contact form available on the FITADIUM website or by telephone on the following number: 04 92 96 05 50.

Article 12: Customer relations - After-sales service

For all information, questions or complaints, the customer may contact the Customer Relations department of the fitadium.com
website from Monday to Friday, 9am to 12pm and 2pm to 5pm. Tel: 04 92 96 05 50
Fax: 04 92 96 98 79
E-mail: contact@fitadium.com
The customer is obliged to state any reservations regarding damage due to transport, non-conforming delivery or visible defects on the delivery note, as soon as the parcel is handed over. The customer must also confirm these reservations to the seller within 48 hours, failing which no claim will be accepted on these grounds.
In the event of return to sender for reasons of NPAI (does not live at the address indicated) or other impossibility of delivery by the transport service, a contribution towards transport costs will be requested to reroute the parcel.

The customer's right of withdrawal is valid within 14 days of receipt of the order. In the event of an exchange or refund, the new or unused item(s) in its (their) original packaging, undamaged, and accompanied by any accessories, instructions and documentation, must be returned to the following address:

FITADIUM
BP274
06227 VALLAURIS CEDEX
FRANCE

FITCORP reserves the right to determine in good faith whether all these conditions have been met. The costs and risks involved in returning a product are the sole responsibility of the purchaser. Refunds are due within a maximum of 15 days, except in exceptional cases.

RECEIPT OF DEFECTIVE ITEM
For any item received as defective, a mandatory return will be requested in order to be able to proceed with an exchange.
The cost of returning the defective product and reshipment are at Fitadium's expense.

Article 13 : Applicable law

These Conditions of Sale are governed by French law. You, like us, agree to submit all disputes arising from the commercial relationship between you and us to the non-exclusive jurisdiction of the French courts, which means that for the application of these Conditions of Sale, you may bring an action to enforce your rights as a consumer, in the country of the European Union in which you reside.

Article 14: Cookies

When consulting the Site, information relating to the browsing habits of Customers may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by FITADIUM with the aim of facilitating browsing on the Site and make it possible to recognize Customers' browsers when they are connected to the Site.
These cookies are issued in order to:
- compile traffic statistics (number of visits, pages viewed, abandonment in the order process, etc.)
- adapt the presentation of the Site to the display preferences of terminals,
- store information entered in forms, manage and secure access to reserved and personal areas such as the Customer account and manage the Order basket.
- FITADIUM reserves the right to install cookies on the Customer's computer during visits to the Site.

A cookie is a small file that is sent to the Customer's computer and stored on the Customer's hard disk. If the Customer is registered with FITADIUM, his/her computer will store an identifying cookie that will save time each time he/she returns to the FITADIUM site, as it will remember the Customer's e-mail address. A cookie does not allow the Customer to be identified, but its purpose is to indicate any previous visits by the Customer to the Site in order to help FITADIUM personalize its services. The Customer may set the parameters to deactivate cookies and prevent them from being installed on his/her computer without his/her express consent. Any settings made by the Customer may modify Internet browsing and the conditions of access to certain Site services requiring the use of Cookies. Customers may express and modify their wishes regarding cookies at any time, by the means described below. The Site uses computer applications from third parties, which enable the Customer to share Site content with other people, or to let these other people know his or her opinion concerning Site content. (Social networks such as Facebook, "Google+", "Twitter", etc). When the Customer consults a page of the Site containing a "Share" or "Like" button, his/her browser establishes a direct connection with the servers of the social network concerned. If they are connected to the social network while browsing, the application buttons link the pages consulted to their account. If they interact with the plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on their account. If the Customer does not wish the social networks to link the information collected via the Site to his/her account, he/she must disconnect from the social network concerned before visiting the Site. FITADIUM is not responsible in any way whatsoever for the content or operation of any social network, including those that may be linked to the Site.

Article 15 : Avis Site information

The management of customer reviews by Avis Vérifiés de fitadium.com has been certified as compliant with the NFZ74-501 "online reviews" standard and the NF522 certification framework by the NF Service organization since March 28, 2014. To find out more

Fitadium.com and Avis Vérifiés reserve the right to moderate reviews for various reasons. The moderation period (7 days) is provided for by the NF Service standard to normally give the merchant time to respond to your review and publish both exchanges simultaneously. This period is also used to check that the review does not contain any content that would legally prohibit its publication (insults, defamation, etc.)

Consumers can modify a review already published on fitadium.com (by clicking on the little flag to the right of the review).