1 - General provisions, scope of application

The present general conditions of sale (hereinafter referred to as "GCS") apply to the current and future commercial relations concluded between the company Mela Nutrition SAS (hereinafter referred to as "the seller") and its customer in the version of the GCS in force at the date of registration of the order.
They take precedence over any general or special conditions of the customer.
For the purposes of article 1, "customer" means any natural person whose order is not related to a commercial, independent or liberal activity.

2 - Conclusion of the contract

Any order placed on the website implies acceptance of these terms and conditions. Any confirmation of an order implies the customer's full acceptance of these terms and conditions, without exception or reservation. They prevail over any general or specific conditions of the customer. The customer declares that he/she is fully aware of them.
Selecting one or more products places them in the customer's virtual shopping cart. Viewing the basket provides an overview of all the products it contains. It is possible to modify the number of products selected, as well as to delete a product. After clicking on the "validate my basket" button, the customer is asked to enter the necessary shipping information and choose a payment method. Before finalizing the order, a summary of all order information will be displayed. The customer will be asked to accept these terms and conditions. By clicking the "order" button, the order process will be finalized, and the order registered.
By confirming a purchase on the online store, the customer makes a binding offer to conclude a purchase contract for the products contained in the basket. By confirming the order, the customer accepts the General Terms and Conditions as the only legally binding terms governing his relationship with the seller.
The seller confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the seller.
The Vendor reserves the right to refuse any order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The declaration of acceptance of the contract offer by the seller takes effect with the delivery of the product.

3 - Right of withdrawal

The customer has the right to withdraw within fourteen (14) days of delivery of the product, without giving any reasons, by notifying the seller using the withdrawal form attached to these GTC.
The withdrawing customer must return the products subject to the withdrawal immediately, and in any case no later than fourteen (14) days from the day on which the latter informs the seller of his withdrawal (as evidenced by the postmark) to this address: Mela Nutrition SAS - 29, chemin du Vieux chêne - 38240 Meylan - France
Products must be returned in their original and complete condition, unopened and with all packaging intact. Only in this case, and within the aforementioned time limit, will the price of the product(s) purchased and the shipping costs (in the case of a single-product order) be reimbursed in full, with return shipping costs being borne by the customer.
The refund will be made within fourteen days of receipt of the withdrawal form and the product. For this refund, the seller will use the same means of payment as that used by the customer for the initial transaction, unless otherwise agreed with the customer.

4 - Prices

All prices that apply to orders are the prices in euros (€) in effect at the time of the order. All prices include VAT and exclude shipping costs (if any). Additional costs will be invoiced separately.

5 - Loyalty program

A loyalty program is automatically offered when a purchase is made. Loyalty points are credited to the customer's account. 1 point is credited for each euro spent (rounded up to the nearest unit, excluding delivery charges), only on validated orders, excluding returns, cancellations and refunded orders. 5 points are credited for each product review left, regardless of the positive or negative nature of the review. Customers can only leave one review per product, and only on products they have actually purchased.
Customers can track the evolution and history of their points balance on their MY ACCOUNT page.
The customer receives vouchers for each point level exceeded. These levels are set at 70, 120 and 380 points. They correspond respectively to vouchers of 5, 12 and 45 euros, directly redeemable on the protealpes.com website. Vouchers are strictly personal, and cannot be taken back, exchanged or reimbursed under any circumstances. Vouchers are valid for 12 months.
When a voucher is used, the points value corresponding to the voucher used is subtracted from the customer's total points balance.

6 - Terms of delivery

See "Delivery" page.

7 - Terms of payment

For the customer, the fact of validating the order implies the obligation to pay the price indicated. Purchases on protealpes.com can be paid for by credit card or PayPal.
Credit card: Purchases are made via the secure Payplug platform integrated into the website. Customers enter their card number, expiry date and cryptogram, and must confirm the purchase with their bank application (3D secure), or with a secret code provided by their bank.
PayPal: Purchases are made via the customer's PayPal account. PayPal's rules of use are applied. The customer can read them here: https: //www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=fr_FR

8 - Transfer of risk

From the moment of delivery of the product, which is defined as the moment when the customer or a third party designated by the customer takes physical possession of the product, the risk of accidental disappearance or accidental alteration of the ordered product is transferred to the customer or the person designated by the customer.

9 - Reservation of ownership

Products remain the sole property of the seller until full payment of the invoice amount has been received from the customer.

10 - Warranty

Legal warranty
- The seller guarantees the customer against product conformity defects under the conditions of article L. 217-4 et seq. of the French Consumer Code and against hidden defects under the conditions of articles 1641 et seq. of the French Civil Code.
Warranty of conformity
- The seller is obliged to deliver products that conform, i.e. that are fit for the use expected of similar goods and correspond to the description given in the commercial offer made by the seller. This conformity also implies that the product has the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, including in advertising and on labelling.
- In this context, the seller is liable for defects in conformity existing at the time of delivery, and for defects in conformity resulting from packaging or installation when the latter has been made his responsibility or has been carried out under his responsibility.
- In the event of a lack of conformity, the customer may request replacement or repair of the product, at his or her option. However, if the cost of the customer's choice is manifestly disproportionate to the other possible option, taking into account the value of the product or the importance of the defect, the seller may proceed with a refund, without following the option chosen by the customer. All requests must be made by e-mail to info@protealpes.com.
Hidden defects warranty
- The hidden defects warranty covers the customer against any hidden defect resulting from a design or manufacturing fault and rendering the product unfit for normal use. If such a warranty is invoked, the seller may refund the price of the product if it is returned, or reduce the price. To invoke this warranty, the customer must send the seller a registered letter with acknowledgement of receipt, and provide any justification needed to demonstrate the hidden defect.
The customer is reminded that :
- When acting for non-conformity :
  - has a period of 2 years from delivery of the product to take action against the seller.
  - may choose between replacing or repairing the product, subject to the conditions set out in article L. 211-9 of the French Consumer Code.
  - is exempt from proving a lack of conformity during the twenty-four (24) months following delivery of the product.
- When suing for latent defects :
  - may invoke the warranty against latent defects under article 1641 of the French Civil Code, and may choose between rescission of the sale or a reduction in the purchase price in accordance with the provisions of article 1644 of the French Civil Code.
The provisions of this article do not preclude the exercise of the right of withdrawal provided for in article 3, and is exercised independently of any commercial warranty that may be granted.
Warranty exclusions.
- Defects and deterioration of products due to abnormal storage conditions at the customer's premises, particularly in the event of an accident of any kind whatsoever, are excluded from the warranty.
- The same shall apply to defects and deterioration caused by normal wear and tear, external accident, negligence, malicious intent, faulty and/or abnormal implementation or use of the products and/or use which does not comply with the conditions of use and/or protection and safety standards and/or regulations in force, or by interventions by third parties, or by exceptionally harsh conditions of use.
- In addition, no warranty is given for incidents caused by acts of God or force majeure.

11 - Promotional codes

Promo codes cannot be purchased; they are distributed as part of advertising campaigns. They are only valid for a given period. Once used, or once the validity period has expired, the promo code is no longer valid. Certain products may be excluded from the application of the promo code.
The use of a promotional code is only possible before the validation of the order by the customer, any later use is impossible.
Coupon codes are strictly personal (unless explicitly stated otherwise by the seller), and may not be passed on to third parties.
The combination of several promo codes is excluded.

12 - Liability

The products of the salesman are in conformity with the French legislation in force. The responsibility of Mela Nutrition SAS could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is the customer's responsibility to check in advance with the competent local authorities the possibility of importing and/or using the products the customer intends to order.
The seller cannot be held responsible for any misuse of the product (failure to follow the instructions for use and important information available on the protealpes.com website and on the product packaging).
The seller may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or computer viruses.
The seller cannot be held liable for damage resulting from a deliberate or grossly negligent breach of duty by the carrier/shipper, its legal representatives or its vicarious agents.
All causes combined, the seller's liability shall not exceed three (3) times the amount of the products ordered by the customer.

13 - Jurisdiction and competent court in case of dispute

The language of the present contract is French. The present conditions of sale are subject to French law. The only competent courts in the event of litigation are the courts of the French Republic.

14 - Data protection

The seller applies its privacy policy, available HERE

15: Intellectual property rights

The brands, domain names, products, images, videos, texts and generally any information subject to the seller's intellectual property rights, present on the site, are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods, without prior authorization from the seller, for any reason whatsoever, is strictly forbidden.

16 - Access to this contract

The content of the contract is available on protealpes.com, in the GTC section at the bottom of the page. The link is also available before the customer validates the order.

17 - Safeguard clause

Should any provision of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

18 - Evolution

These General Terms and Conditions of Sale are, by their very nature, subject to change. The seller is free to make any changes to these terms and conditions, provided it informs the customer in advance.
Modifications take effect 30 days after notification to the customer.

Protéalpes

Mela Nutrition SAS
29, chemin du Vieux chêne
38240 Meylan

Update date: February 2024