General Terms and Conditions of Sale

Article 1 – Company

These general terms and conditions of sale (hereinafter the “GTC”) are issued by ESI CARE, whose full identification details are available in the Legal Notice section of the Website.

Publication Director of the Website: President of ESI CARE.
Professional Liability Insurance: MMA PRO - PME n° 148448844, 14 rue Jean Mermoz, 95120 Ermont, France.

The Website is accessible at the following address: www.zimfitness.com.

Article 2 – Definitions

In these GTC, the terms below shall have the following meanings:

• Customer: any natural person of legal age and with legal capacity acting as a consumer for purposes that do not fall within the scope of their commercial, industrial, craft, professional, or agricultural activity.
• Order: any order for a Product placed by the Customer on the Website.
• Terms of Use: the general terms of use of the Website.
• GTC: these general terms and conditions of sale.
• Best Before Date: the minimum durability date.
• Force Majeure: any event falling within the definition of Article 1218 of the French Civil Code and French case law.
• Products: sports nutrition products, food supplements, dietary products, beauty, slimming and wellness products, and fitness accessories offered for sale on the Website.
• Website: the website accessible at www.zimfitness.com.
• Carrier: any logistics service provider appointed by the Seller to deliver the Order.
• Seller: ESI CARE, as identified in the Legal Notice section of the Website.

Article 3 – Purpose, Scope and Acceptance of the GTC

These GTC define the rights and obligations of the Seller and the Customer in connection with the online sale of the Products offered on the Website.

They apply to every Order placed on the Website by a Customer.

Validating an Order implies full, complete and unconditional acceptance of these GTC by the Customer.

The Seller reserves the right to amend these GTC at any time. The applicable GTC are those in force on the date the Order is validated by the Customer.

These GTC supplement, where applicable, the Terms of Use of the Website and any specific conditions expressly brought to the Customer’s attention before validation of the Order.

Article 4 – Products and Availability

The Products offered for sale are those displayed on the Website on the day the Customer consults it, subject to availability.

The photographs, illustrations, texts, graphics and descriptions of the Products are presented with the greatest possible care. However, they do not have absolute contractual value and shall not engage the Seller’s liability in the event of minor differences that do not affect the essential characteristics of the Product.

If a Product becomes unavailable after the Order has been placed, the Seller shall inform the Customer as soon as possible by email.

In such a case, the Customer may:

• either accept partial delivery, where possible;
• or request cancellation of the unavailable Product(s) and a refund.

The corresponding refund will be made in accordance with applicable law.

Unless otherwise stated on the product page:

• powder and capsule Products are offered with a minimum Best Before Date of two (2) months;
• snacks are offered with a minimum Best Before Date of one (1) month.

Article 5 – Ordering Terms

5.1. Placing an Order

The Customer selects the Products they wish to order directly on the Website.

Before final validation of the Order, the Customer may review the details of the Order, its total price, delivery costs, the selected delivery method, and correct any errors.

The Order is only definitively recorded after:

• selection of the delivery method;
• selection of the payment method;
• express acceptance of these GTC;
• confirmation of payment.

The Seller reserves the right to refuse or cancel any Order in the event of a prior dispute with the Customer, suspected fraud, non-payment, incorrect address, manifestly incomplete information, or any legitimate reason.

5.2. Order Confirmation

Once the Order has been validated and payment accepted, the Seller shall send the Customer an email confirming the Order and, where applicable, the related invoice.

The Seller recommends that the Customer keep this email.

5.3. Right of Withdrawal

In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the Products to exercise their right of withdrawal, without having to state any reason.

The Customer may exercise this right:

• either by sending the Seller an unambiguous statement expressing their wish to withdraw;
• or by using the standard withdrawal form appended to these GTC.

The withdrawal request must be sent to the following address: contact@zimfitness.com.

After notifying the Seller of the decision to withdraw, the Customer has fourteen (14) days to return the relevant Products.

The Products must be returned:

• unopened;
• unused;
• in perfect resale condition;
• in their original intact packaging;
• together, where applicable, with all accessories, instructions, promotional gifts and any element allowing identification of the Order.

The return shipping costs remain at the Customer’s expense, unless otherwise required by law or expressly agreed by the Seller.

The Seller shall refund the Customer for the returned Products and, where applicable, the initial standard delivery costs, within a maximum of fourteen (14) days from the date on which the Seller is informed of the withdrawal decision. This refund may be deferred until the Products have actually been recovered or until the Customer has provided proof of shipment, whichever occurs first.

The refund will be made using the same payment method used for the Order, unless the parties expressly agree otherwise.

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may notably not be exercised for:

• Products made to the Customer’s specifications or clearly personalized;
• Products liable to deteriorate or expire rapidly;
• Products unsealed by the Customer after delivery and which cannot be returned for hygiene or health protection reasons;
• Products which, after delivery, have been inseparably mixed with other items.

No exchange is offered under the right of withdrawal. Only a refund may be granted.

Any withdrawal request or return that does not comply with the above conditions and deadlines shall not give rise to a refund.

Article 6 – Prices

Product prices are indicated in euros, all taxes included (TTC), excluding preparation and delivery costs.

The applicable delivery costs are indicated to the Customer before final validation of the Order.

The Seller reserves the right to change prices at any time. Products are invoiced on the basis of the rates in force at the time the Order is validated.

Full payment of the price is due on the date of the Order.

Article 7 – Payment Methods

Orders are paid for using the payment methods offered on the Website, including:

• bank card (CB, Visa, MasterCard);
• PayPal;
• PayPlug.

The Customer warrants that they have the necessary authorizations to use the chosen payment method and that this payment method provides access to sufficient funds to cover the total amount of the Order.

The Seller reserves the right to suspend or cancel any Order in the event of payment authorization refusal, payment incident, fraud or attempted fraud.

Article 8 – Payment Security

Payments made on the Website are secure.

Payments by bank card may be processed via the secure payment solutions offered on the Website, including Axepta and/or PayPlug, depending on the options displayed at the time of the Order.

Depending on the case, the transaction may be subject to the 3D Secure system or any enhanced authentication mechanism imposed by the Customer’s bank or the payment provider.

Payments made via PayPal are also processed in accordance with that provider’s own security protocols.

The Seller does not have access to the Customer’s confidential banking data.

Article 9 – Proof of Transaction

Computerized records stored in the Seller’s systems under reasonable security conditions shall be considered proof of communications, Orders, payments and transactions between the parties.

Order forms, invoices and electronic archives are stored on a reliable and durable medium.

Article 10 – Delivery

10.1. General Conditions

Delivery takes place after payment has been validated by the relevant bank or payment provider.

The Seller delivers the Products on the date or within the timeframe indicated to the Customer when placing the Order. In the absence of a specific indication, delivery shall take place without undue delay and no later than thirty (30) days after conclusion of the contract.

10.2. Place of Delivery

The Products are delivered according to the delivery method selected by the Customer when placing the Order:

• either to a pick-up point where this option is offered;
• or to the delivery address provided by the Customer where home delivery is available.

If delivery to the initially chosen pick-up point or address is impossible, the Carrier may apply its own redirection, storage, or alternative pick-up procedures according to its operational constraints.

10.3. Delivery Costs

Delivery costs are indicated to the Customer before validation of the Order.

Their amount may vary depending on weight, volume, destination and the selected delivery method.

Details of the delivery conditions can be consulted on the dedicated page of the Website.

10.4. Delivery Times

Unless otherwise stated on the Website or in cases of force majeure, deliveries are handled by the carriers offered on the Website, including Mondial Relay and Colissimo, within the delivery times indicated to the Customer at the time of the Order.

The delivery times displayed on the Website are provided for information purposes only, unless expressly agreed otherwise by the Seller.

10.5. Delay in Delivery

In the event of a delivery delay, the Customer may require the Seller to deliver within an additional reasonable period by any writing on a durable medium.

If the Seller fails to perform within this additional period, the Customer may terminate the contract under the conditions provided by the French Consumer Code.

The Customer may terminate the contract immediately without prior formal notice where the Seller refuses to deliver or where the agreed delivery date or period constituted an essential condition for the Customer.

In the event of lawful termination of the contract, the Seller shall refund the Customer all sums paid within the applicable legal timeframe.

10.6. Verification of the Order upon Receipt

The Customer is invited to check the apparent condition of the parcel and the conformity of the Products upon receipt.

In the event of a missing Product, damaged Product or delivery error, the Customer is invited to contact the Seller as soon as possible by email at contact@zimfitness.com, enclosing any useful evidence, including photographs of the parcel, packaging and the Products concerned.

Refusal of the parcel in the event of visible damage is recommended whenever possible, but the absence of refusal or reservations upon receipt does not deprive the Customer of their legal warranties.

If the issue is confirmed, the Seller shall offer, as appropriate:

• reshipment of the relevant Product(s), subject to availability;
• a credit note;
• a full or partial refund for the relevant Product(s).

These provisions apply without prejudice to the right of withdrawal and the legal warranties provided for in Article 11.

10.7. Unclaimed or Refused Parcel without Legitimate Reason

If the parcel is not collected within the period set by the carrier, or if the parcel is refused by the Customer for a reason other than an error attributable to the Seller or proven damage, the parcel will be returned to the Seller.

After actual receipt of the returned parcel, the Seller may:

• either refund the Order, deducting the initial delivery costs and the actual return costs incurred;
• or issue a credit note for the same amount.

No refund or credit note may be issued before the parcel has actually been returned to the Seller.

10.8. Lost or Undelivered Parcel

In the event of a lost parcel or a parcel declared undelivered, the Customer must contact the Seller as soon as possible at contact@zimfitness.com.

The Seller may request any useful document for processing the claim, including a sworn statement of non-receipt and any element necessary to open an investigation with the Carrier.

After reviewing the file, the Seller may offer, as appropriate:

• reshipment of the Order, subject to availability;
• a credit note;
• a refund of the Order.

Article 11 – Legal Warranties and Commercial Warranty

11.1. Legal Warranty of Conformity

The Customer benefits from the legal warranty of conformity under the conditions provided by Articles L217-3 et seq. of the French Consumer Code.

The Seller is liable for any lack of conformity existing at the time of delivery and appearing within the period provided by law.

In the event of a lack of conformity, the Customer may request that the Product be brought into conformity by repair or replacement or, failing that, a price reduction or termination of the contract under the legal conditions.

The Customer may send their request to: contact@zimfitness.com.

11.2. Hidden Defects Warranty

The Customer also benefits from the legal warranty against hidden defects provided by Articles 1641 et seq. of the French Civil Code.

In this context, the Customer may request either cancellation of the sale or a reduction in the sale price, under the conditions provided by law.

11.3. Commercial Warranty

Certain Products may benefit from a specific commercial warranty granted by the Seller or the manufacturer.

Where applicable, this commercial warranty is described on the relevant product page or in any document provided to the Customer. It applies without prejudice to the legal warranties.

11.4. Exclusions

The warranties do not cover:

• damage resulting from improper use, unsuitable storage, non-compliant use, or negligence by the Customer;
• damage resulting from modification of the Product;
• damage caused by a return made in insufficient or unsuitable packaging;
• normal wear and tear, where applicable.

Article 12 – Customer Account

Creation of a customer account may be required to access certain features of the Website and place Orders.

The Customer undertakes to provide accurate, complete and up-to-date information when creating and using their account.

The Customer is solely responsible for the confidentiality of their login details and for any use made of their account.

The Seller reserves the right to suspend or delete an account in the event of fraud, attempted fraud, breach of the GTC or Terms of Use, or manifestly abusive use of the Website.

Article 13 – Personal Data Protection

The Seller processes the Customer’s personal data in compliance with Regulation (EU) 2016/679 (GDPR) and applicable French law.

The collected data is used in particular to:

• manage Orders;
• ensure deliveries;
• process payments;
• handle Customer requests;
• provide after-sales service;
• send, where applicable, commercial communications when the Customer has consented.

The Customer has the right to access, rectify, erase, object to, restrict processing of, and, where permitted by law, port their data.

The Customer may exercise these rights by contacting the Seller using the contact details provided in the Legal Notice or at: contact@zimfitness.com.

For more information, the Customer is invited to consult the Website’s privacy policy.

Article 14 – Liability and Force Majeure

14.1. Liability

The Seller is liable for the proper performance of the obligations arising from the contract concluded with the Customer, within the limits provided by law.

However, the Seller shall not be held liable in the event of:

• non-performance attributable to the Customer;
• an unforeseeable and insurmountable act of a third party to the contract;
• force majeure;
• improper use of the Products by the Customer, contrary to their intended purpose or recommended use.

In any event, the Seller shall not be liable for indirect damages, except where otherwise required by law.

14.2. Force Majeure

Neither party shall be held liable in the event of non-performance or delay resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code and French case law.

The party invoking force majeure shall inform the other party as soon as possible.

Article 15 – Partial Invalidity

If one or more provisions of these GTC are declared null, unlawful or unenforceable, the other provisions shall remain fully valid and effective.

Article 16 – Applicable Law, Complaints, Mediation and Competent Jurisdiction

These GTC are governed by French law.

For any complaint, the Customer may contact the Seller:

• by email: contact@zimfitness.com
• by post: 38 rue de la Halte, 95120 Ermont, France
• by telephone: 01 84 21 85 92

In the event of a dispute, the Customer must first send a written complaint to the Seller in order to seek an amicable solution.

If no amicable solution is found, the Customer may use the following consumer mediation service free of charge:

FEVAD E-commerce Mediator
60 rue La Boétie – 75008 Paris
https://www.mediateurfevad.fr

After the Customer has first contacted the Seller in writing, the Mediator Service may be seized for any consumer dispute that has not been successfully resolved.

[Where applicable, to be completed later with your reference or confirmation of subscription to the FEVAD mediation scheme]

The Customer may also bring the matter before one of the territorially competent courts under the French Code of Civil Procedure or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.

Appendix – Standard Withdrawal Form

For the attention of:
ESI CARE
38 rue de la Halte
95120 Ermont – France
E-mail: contact@zimfitness.com

I hereby give notice that I withdraw from my contract of sale of the following goods:

• Order no.:
• Ordered on:
• Received on:
• Name of Customer:
• Address of Customer:
• Signature of Customer (only if this form is notified on paper):
• Date: