General Terms and Conditions of Online Sales ("GTC")

General Terms and Conditions of Online Sales ("GTC")

These General Terms and Conditions of Online Sales ("GTC") apply exclusively to current and future commercial relations concluded between:

The company EMPOWER PROTEINS, with its registered office at 8 Imp. de Bourgogne 28500 Vernouillet, hereinafter referred to as "the company" or "the Seller" or "the Site" or "empower-proteins.com".

Any natural or legal person having the legal capacity to make a purchase via the website "https://www.empower-proteins.com/", hereinafter referred to as the "customer".

Any order placed on the website https://www.empower-proteins.com (hereinafter referred to as "the site") confirms the acknowledgment and unconditional acceptance of all of these GTC. The GTC applicable to the order placed by the customer are those in force on the site on the date of said order. They will prevail over any other general or specific conditions not expressly agreed upon by the seller.

The seller reserves the right to adapt or modify these GTC at any time. It is therefore imperative to reread and accept the applicable GTC prior to any order. The date of the last update of these GTC is indicated at the top of this page.

For any questions regarding pre-contractual information, please refer to our Help Center section.

LEGAL INFORMATION

The company EMPOWER PROTEINS with its registered office at 8 Imp. de Bourgogne, 28500 Vernouillet, SIRET 94791105300017
The publication director of the website is Mr. Lahmmadi Mohamed in his capacity as General Manager. The Site is hosted by Shopify Inc, located at 150 Elgin Street 8th Floor Ottawa, Ontario K2P.

ORDERS

The customer can place an order:

Either directly on the website https://www.empower-proteins.com
Or through the brand's sales representative
The order will be recorded and validated on the site as soon as the customer has followed the instructions indicated on the site. In accordance with the provisions of the Civil Code on the conclusion of contracts online, the contract will be concluded when you click the button allowing you to confirm your order after viewing its details, especially its total price, and having had the opportunity to correct any errors.

The seller will then communicate to the customer by email a confirmation of the recorded order. It is reminded that any placing of an order confirms the unconditional acceptance of all these GTC. This confirmation as well as all the data that the seller will have recorded will constitute one of the proofs of the commercial transaction.

The seller will keep the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. Contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years.

The seller's computerized records will be considered by the parties as evidence of communications, orders, payments, and transactions between the parties. You can access the archived contracts by requesting them by email at the address help@empower-proteins.com or by postal mail at 123 Avenue des Sports, 75012 Paris.

The seller undertakes to honor all orders received via the sales channels mentioned above. In case of unavailability of a product, the customer service undertakes to inform the customer to offer them a substitute product or to proceed with the refund of the order.

If a product is no longer manufactured or cannot be restocked within one month, the seller undertakes to remove the product presentation sheet from the site. The site reserves the right to refuse to honor an order from a customer who is not up to date with their obligations to the Seller.


**PRICES, PRODUCTS, PAYMENT**

Regarding prices, they are indicated inclusive of VAT in euros or dollars, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products. The seller reserves the right to modify its prices at any time, it being understood, however, that the price indicated on the day of the order will be the only one applicable to the customer.

The possible reference price displayed next to the sale price is established using:

- The lowest price actually practiced by the advertiser during the 30 days preceding the start of the promotion.
- The price recommended by the manufacturer or importer of the product.
- The maximum price resulting from a regulation provision.
- The last price recommended by the manufacturer or importer.

The transportation cost will be automatically calculated and updated according to the delivery mode, item, and selected delivery location, and will be indicated in the customer's shopping cart.

For areas outside the US, customs or import duties are due as soon as the package reaches its destination country. The customer will then be responsible for any additional customs clearance taxes.

The seller has no control over these taxes and is therefore unable to predict them. For further information and precise pricing, it is necessary to inquire with the local customs office.

The Products comply with current European regulations regarding vitamins, minerals, and certain other substances in foodstuffs. The Products are registered under the file number with the Federal Public Service "Public Health, Food Chain Safety, and Environment". The Products and delivery charges are payable according to the chosen payment option.

Regarding promotions and discount codes:

- The discount codes applied on the site are valid within the limits of available stocks and in participating stores. They are applicable directly during your payment or directly during your purchase in a participating store.
- Promotional codes are subject to general terms and conditions of use and have an expiration date.
- These codes cannot be combined with other discount codes.

Regarding the products, the essential characteristics of the items offered for sale on the site are described and presented as accurately as possible. In case of unavailability of the products after ordering, the customer will be informed by email, telephone, or mail.

The seller will offer:

- Either the replacement of the ordered product with a similar product at the same price. In this specific case, after receiving the similar product, the return costs resulting from the exercise of the right of withdrawal will be borne by the seller.
- Or the refund of the amounts paid within a maximum period of thirty days. Beyond this term, these amounts will accrue interest at the legal rate.

Regarding the choice of payment method, it occurs when creating the shopping cart. The complete description of payment methods is available on the site in the "Payment Methods" section.

The Products and delivery charges are payable according to the payment option expressly chosen by the customer on the site. All payments must be made in Euros/Dollars including VAT.

The site has implemented an order verification procedure to ensure that no one uses another person's banking details without their knowledge.

As part of this verification, the customer will be asked to send the seller a copy of an identity document and proof of address less than 3 months old by fax or email. The order will only be validated after receipt and verification by our services of the documents sent.

**Clause on Pack Prices and Discounts**

The prices displayed on our packs, before the application of discounts or special offers, represent the total sum of the products if purchased individually. This policy ensures complete transparency regarding the value of our products, even when purchased together. We are committed to providing our customers with clear and accurate information about our prices and promotional offers. If you have any questions or need clarification, please feel free to contact our customer service team.

**DELIVERY TIMES AND METHODS**

**DELIVERY TIMES**

In accordance with Article L111-1 of the Consumer Code, the delivery time of the order is indicated in the shopping cart before the final conclusion of the transaction.

It starts from the processing of the order by the seller's logistics service. Any order for a product in stock confirmed by the seller before 9 a.m. is processed and shipped the same day.

In case of non-compliance with this delivery time, the customer may obtain the resolution of the sale under the conditions provided for in the second and third paragraphs of Article L.216-2 of the Consumer Code. They are then refunded under the conditions of Article L. 216-3 of the Consumer Code.

In accordance with legal provisions, in case of delivery delay of more than seven days, the customer has the possibility to cancel their order within sixty working days.

**DELIVERY METHOD**

The processing and delivery times indicated to the Customer are in working days. The shipping times correspond to the average order processing times.

Products are delivered to the delivery address indicated by the Customer at the time of their order, and the latter must take all necessary measures for the smooth delivery process.

In the event of an abnormally long delivery time, the Customer can contact customer service by email via the contact form accessible on the site so that an investigation can be opened with the carrier.

Upon receipt of the order, the Customer must check the condition of the package, its packaging, and its contents, in the presence of the employee of the transport company.

In case of damaged products, the Customer undertakes to immediately notify the carrier and the Company at the time of delivery, specifying the order number.

**DELIVERY CONDITION**

The site reserves the right to refuse to make a delivery from a customer who is not up to date with their obligations to the seller.

If the customer is absent from their home during delivery, a delivery notice is left in their mailbox with the carrier's contact information so that they can contact them and make an appointment. Delivery is considered complete on the date of receipt of the order at the address indicated on the order form.

For availability reasons, an order may be delivered in several parts to the customer.

The customer then pays for only one delivery. If the customer wishes for two delivery locations, they must place two separate orders with separate delivery charges.

**TRANSPORT**

The delivery of products is entrusted to carriers selected by the seller, in the geographical areas covered by the site (World except USA and Canada). Delivery is made by direct delivery of the product to the announced recipient, or, in case of absence, to another person expressly authorized by the customer.

During delivery, it is advisable for the customer to ensure that the products have not been damaged during transport. If the customer notices an apparent anomaly, they can either accept or refuse the products. In both cases, they can report such apparent anomalies on the carrier's delivery note or by registered letter with acknowledgment of receipt to the carrier within three working days, and send a copy to the seller. The same precautions apply in the case of delivery by postal services.

If an anomaly is noted, it is advisable for the customer to fill out an anomaly report. If the products have been accepted, the customer can contact our services to arrange for the return of the product according to the formalism described in the "Right of Withdrawal" article.

It is advisable to include copies of the delivery note if it has been annotated, the letter addressed to the carrier, and/or the anomaly report with the returned product(s). If the products are refused, the customer must ask the carrier to return the products to the seller. It is then advisable to send the seller by registered letter with acknowledgment of receipt the copy of the annotated delivery note, the letter addressed to the carrier, and/or the anomaly report to facilitate the processing of the file.

**TRANSFER OF OWNERSHIP**

The transfer of ownership of the merchandise will be deferred to the day of full payment of the price thereof and delivery charges by the customer.

In case of deferred payment, the seller will retain ownership of the goods until full payment of the price thereof and delivery charges within the framework of the conditions contractually established, even in the event of collective proceedings opened against the customer, and this in accordance with Articles L.621-122 and following of the Commercial Code.

However, from the date of receipt of the order by the customer or a person expressly authorized by the customer, the risks of the delivered products are transferred to the customer.

**RIGHT OF WITHDRAWAL**

As a consumer customer, you have a period of 14 days to exercise your right of withdrawal. In the case of a product order, the period is counted from the receipt of the products. In the case of a service order, the period runs from the acceptance of the offer. If the 14-day period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

In accordance with Article VI.53 5° of the Economic Law Code, the Customer is informed that this right of withdrawal does not exist for sealed Products, opened after delivery and non-returnable by the Customer for reasons of hygiene and/or health protection.

You do not have to provide a reason to exercise your right of withdrawal, and you will not incur any penalty. In the event of exercising the right of withdrawal, you must follow the steps described in your return form to return the product.

To facilitate the return of the product and the processing of the file, the customer can contact the seller in advance by email by accessing the contact form to obtain a return number and form. The exercise of the right of withdrawal results in a refund of the amounts paid during the order as soon as possible and no later than 14 days from the date on which the customer exercised this right. However, the seller may defer the refund until the goods are recovered or proof of their reshipment by the customer for physical goods.

It should be noted that the amount of the goods is refunded in full, and shipping costs are at your expense for all returns to retail points or by standard delivery weighing less than 5 kg and returned from the US.

For any package over 5kg, you must contact us via the contact form to obtain the return address for the products and your return number. You can then return it to us at this address.

**WARRANTIES**

The Products offered by Empower-Proteins are subject to the warranty for hidden defects provided for in Articles 1641 and following of the Civil Code and to the legal guarantee of conformity provided for in Articles L.217-4 and following of the Consumer Code.

**IN CASE OF NON-CONFORMITY**

Under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to take action. They can choose between the replacement of the Product or a refund (or cancellation of the sale).

However, if the Customer's choice entails a cost that is clearly disproportionate compared to the other option for the Company considering the value of the Product or the importance of the defect, the Company will proceed, unless impossible, according to the option not chosen by the Customer.

The Customer is exempt from proving the existence of the non-conformity defect of the Product at the time of delivery during the twenty-four months following the delivery of the Product.

The legal guarantee of conformity does not apply if Empower-Proteins proves that the non-conformity defect did not exist at the time of delivery of the Product.

According to the Consumer Code, a Product is considered non-conforming:

- When it is not suitable for the usual use expected of a similar product and, if applicable:
- Does not correspond to the description given by the seller and does not possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Does not have the qualities that a customer can legitimately expect given the public statements made by the seller, the producer, or their representative, especially in advertising or labeling;
- When it does not meet the characteristics defined by mutual agreement between the parties or is not suitable for the special use sought by the Customer, brought to the seller's attention, and accepted by the latter.

However, the warranty of conformity is excluded when the Customer was aware of the defect or could not ignore it at the time of contracting.

In the context of the warranty against hidden defects of the sold item within the meaning of the Civil Code, the Customer can choose between the resolution of the sale and a reduction in the selling price of the Product in accordance with Article 1644 of the Civil Code.

A hidden defect refers to an apparent defect of the Product, making it unsuitable for the use for which it is intended, or which so diminishes this use that the Customer would not have acquired it or would have paid a lower price if they had known. The action resulting from hidden defects must be initiated within two years of the discovery of the defect.


**PRODUCT CLASSIFICATION FUNCTIONING**

The Customer has numerous options to find the Product they are looking for. The "Sort" or "Filter" functions allow the Customer to arrange the results according to their preferences based on price, stock, etc. The "Filter results" functions allow the Customer to include or exclude different options to meet their needs.

If no option is chosen, the display settings of the Products are made without automaticity according to our recommendations, particularly based on the novelty of the Products.

**PERSONAL DATA – COOKIES – SECURITY**

In the context of the execution of the General Terms and Conditions of Sale (GTCS), the Company may process Customer data for the purpose of managing and executing orders, ensuring the online sales service, administering the Website, and improving the Company's marketing policy. The information requested is necessary for the Company to provide the Customer with the services they wish to benefit from.

The Company attaches great importance to respecting privacy and takes all necessary measures to ensure the confidentiality and security of Customer's personal data.

It implements a continuous improvement approach to its compliance with the General Data Protection Regulation (GDPR), the ePrivacy Directive, as well as Act No. 78-17 of January 6, 1978, known as the Data Protection Act, to ensure the highest level of protection for your personal data.

The Customer can find our General Data Protection Regulation (GDPR) Policy by clicking on the following link: [GDPR Policy](link).

For any information on the protection of personal data, you can also consult the website of the National Commission for Information Technology and Civil Liberties at www.cnil.fr. Customer data is kept for the entire duration of the contractual relationship. At the end of the contractual relationship, the data is retained for a maximum cumulative period of 3 years under the conditions detailed in the privacy policy.

In the event of a dispute regarding the use of their data, the Customer can contact the National Commission for Information Technology and Civil Liberties (CNIL).

**NEWSLETTER**

Unless the Customer objects, the Company may send them a newsletter and personalized alerts, particularly in the form of emails or SMS.

If the Customer no longer wishes to receive promotional messages, they can unsubscribe at any time from their Account or by clicking on the unsubscribe link in each promotional message.

**MODIFICATIONS TO THE GTCS**

Empower-Proteins reserves the right to change these conditions at any time, without notice. The version of the GTCS applicable to the transaction made by a Customer is those appearing on the Website at the time of the order and which the Customer will have accepted when validating their order.

The version of the GTCS applicable to the order is sent by email to the Customer at the same time as the order confirmation or upon receipt of payment in case of payment by check or bank transfer.

**CONVENTION OF PROOF**

Customers understand and accept that all information, content, files, documents, and any element exchanged electronically via the Website with the Company constitute valid, admissible, reliable, opposable evidence, and have the probative force of a private instrument, unless proven otherwise.

Customers undertake not to challenge the admissibility, validity, opposability, reliability, or probative force of these elements.

**APPLICABLE LAW – DISPUTE RESOLUTION**

The contract formed by the acceptance of these General Terms and Conditions of Sale during the order is subject to French law. The language of this contract is French. In the event of a complaint following an order, the Customer can contact customer service to find an amicable solution through a form indicating their contact details and any information that may be requested to enable the resolution of the dispute.

If the dispute persists, the Customer may contact the European Commission's online dispute resolution service at the following address: https://ec.europa.eu/consumers.

In the absence of an amicable settlement and for any dispute relating to these GTCS Products, and in accordance with the provisions of Article R.631-3 of the Consumer Code, the Customer may refer either to one of the territorially competent jurisdictions under the Code of Civil Procedure or to the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.