GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - Company
Please refer to the "Legal Notices" section of the Website to find all the Seller's identification information.
Website Publication Director: President of ESI CARE.
Professional Liability Insurance: MMA PRO - SME No. 148448844, 14 Rue Jean Mermoz, 95120 Ermont, France.
Article 2 - Definitions
Terms beginning with a capital letter in these General Terms and Conditions of Sale (GTC) and not already defined have the meanings assigned to them in this Article 2.
“Customer” means any natural person of legal age and capacity, acting as a consumer and not a professional within the meaning of the French Consumer Code.
“Order” means any purchase of a product made by a Customer on the Website under the conditions stipulated in these GTC and the General Terms and Conditions of Use (GTU), supplemented, where applicable, by specific conditions.
“Terms of Use” refers to the general terms and conditions of use of the Site.
“Terms and Conditions of Sale” refers to these general terms and conditions of sale.
“Best Before End” refers to the date of minimum durability, formerly the date of best before end (BBE).
“Force Majeure” has the meaning given to it in Article 1218 of the French Civil Code.
“Products” refers to sports nutrition products, food supplements, dietetic products, as well as beauty, slimming, and wellness products and fitness accessories sold on the Site.
“GDPR” refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“Site” refers to this website www.zimfitness.com. “Carrier” refers to the third-party logistics company chosen by the Seller and responsible for shipping the Order to the Customer.
“Seller” refers to ESI CARE, as identified in the “Legal Notice” section of the Website.
Article 3 - Purpose, Scope, and Acceptance of the General Terms and Conditions of Sale (GTC)
These GTC are those established by the Seller and define the rights and obligations of each party within the framework of distance selling and electronic sales of Products on the Website.
These GTC apply exclusively to current and future business relationships concluded between the Seller and its Customer in the version of the GTC in effect at the time of the order.
Any Order placed through the Website by a Customer implies the Customer's unreserved acceptance of these GTC. Otherwise, the Customer's Order will not be validated.
The Seller reserves the right to modify these GTC at any time. Modifications will be applicable as soon as they are published online on the Website. The applicable GTC will then be those in effect on the date the Customer places the Order.
These GTC are supplemented by the General Terms and Conditions of Use (GTU) and, where applicable, any special conditions.
Article 4 - Products and Availability
Through its Website, the Seller provides the Customer with an online store showcasing the Products for sale, it being understood that the accompanying photographs are not contractually binding.
The Products are described and presented as accurately as possible. They are offered subject to availability.
In the event of partial or total unavailability of a Product after the Order has been placed and the Customer has paid the amount due to the Seller, the Customer will be informed as soon as possible by email of the partial delivery of the Order or the cancellation of their Order.
In accordance with the provisions of Article L216-7 of the French Consumer Code, the Customer will then be reimbursed for the price of the unavailable Product within fourteen (14) days of their refund request after notification of the Product's total unavailability. The Products have a Best Before End date of two (2) months for powder and capsule products and one (1) month for snacks unless otherwise specified in the product sheet.
Article 5 - Ordering Procedures
5.1. Online Ordering and Payment
Products are presented on a product page allowing the Customer to view the product description and price.
The applicable delivery charges and available delivery methods are also displayed on the Website.
At the end of the ordering process, by clicking in the designated area, the Customer declares that they have read and fully and unreservedly accepted the General Terms and Conditions of Sale (GTC). Without this acceptance, the order cannot be finalized.
The order will only be considered final upon (i) the Customer's selection of the delivery and payment methods and (ii) full payment of the corresponding price, including taxes and delivery charges.
5.2. Order Confirmation
Upon receipt of the Customer's purchase confirmation and payment, the Seller will confirm the order by sending an order confirmation via email to the email address provided by the Customer, along with the invoice attached to the order.
The Seller reserves the right to refuse delivery of the Customer's Order in the event of non-payment, an incorrect address, or any other problem with the Customer's account, until the issue is resolved.
5.3. Right of Withdrawal
In accordance with Article L221-18 of the French Consumer Code, the Customer has fourteen (14) days from the date of receipt of the Products to exercise their right of withdrawal.
To exercise their right of withdrawal, the Customer must inform the Seller beforehand and within the legal time limits by email to the following address: contact@zimfitness.com. In accordance with Article L221-28 of the French Consumer Code, due to their inherent nature, certain Products are not eligible for the right of withdrawal and cannot be returned by the Customer or refunded by the Seller. These include, but are not limited to:
- Products liable to deteriorate or expire rapidly;
- Personalized Products;
- Products that cannot be returned for hygiene or health protection reasons;
- Mixed Products;
If the right of withdrawal is exercised, the Customer must return, at their own expense, the Product(s) they wish to return unopened and in perfect condition, in their original, undamaged packaging, along with all accessories, any gifts included with their Order, and the invoice, clearly indicating their first and last name, to the address provided by the Seller within fourteen (14) days of notifying the Customer of their decision to withdraw. If the Customer exercises their right of withdrawal, the Seller is required to reimburse the Customer for all sums paid at the time of the Order within fourteen (14) days from the date the Customer is informed of their decision to withdraw. However, the reimbursement period may be delayed until the Seller receives the returned Products.
It is specified that the Seller will only reimburse the standard delivery charges offered by the Seller on the Website.
Only Products returned under the conditions stated above will be refunded.
The refund will be issued via the same payment method used by the Customer when placing their Order.
If the right of withdrawal is exercised, the Seller will only issue a refund for the Products – no exchanges will be made.
Any withdrawal or return not carried out in accordance with the aforementioned rules and deadlines will not be taken into account and will release the Seller from all liability towards the Customer.
Article 6 - Prices
Only the prices in effect as indicated on the product page will apply to the sale of Products on the Site.
Prices are shown in euros, inclusive of all taxes, applicable on the date of the Order. Any change in tax, tax rate, or contribution (including environmental contributions) will be automatically reflected in the price of the Products.
Applicable delivery charges are calculated when the Customer's Order is validated, before payment is made.
The total amount of the Order (including taxes and delivery charges) owed by the Customer to the Seller is indicated before final validation of the Order and payment.
Payment of the full amount owed by the Customer to the Seller must be made at the time of the Order and is due on the Order date. If the Customer fails to pay for the Order, the Seller reserves the right not to deliver the Order.
The Seller reserves the right to change prices at any time by publishing them online on the Site.
Article 7 - Payment Methods
Payment for the Order is made using a CB, Visa, or MasterCard payment card, or via PayPal.
The Customer warrants to the Seller that they (i) have the necessary authorization to use the payment method chosen when placing the Order, (ii) are fully authorized to use such a payment method, and (iii) that the payment method provides access to sufficient funds to cover all costs resulting from the Order on the Website.
The Customer acknowledges that the information provided constitutes proof of their consent to the sale and to the payment of the amounts due for the Order.
For each Order, a debit request will be sent to the Customer's bank account within twenty-four (24) hours.
In the case of payment via PayPal, the purchase amount will be immediately debited from the PayPal account.
The Order will then be considered definitively validated after confirmation of authorization from the bank payment centers.
The Seller reserves the right to suspend or cancel any Order and any delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment and/or fraud, and to prosecute the perpetrator(s) thereof.
The Seller specifically reserves the right to refuse to make a delivery or fulfill an Order from a Customer with whom a payment dispute is pending.
The Seller reserves the right to prosecute any attempt to use fraudulent payment methods and/or to settle disputes related to fraudulent payments or attempted fraudulent payments amicably upon payment by the Customer of the amount due, plus any applicable processing fees.
Article 8 - Payment Security
The Seller has implemented a procedure for verifying orders and payment methods designed to reasonably protect said payment against any fraudulent use of a payment method, including requesting identification data from the Customer.
Payments by bank card made on the Site are processed online via the secure payment method “Axepta” provided by BNP PARIBAS.
“Axepta” is a secure automatic payment system that uses the SSL (Secure Socket Layer) protocol, ensuring that the transmitted information is encrypted by software and that no third party can access it during transmission over the network.
The Order will only be validated after confirmation of acceptance of the transaction for bank card payments via the 3D Secure system, if applicable according to the Customer's banking terms. The 3D Secure service enhances the security of online Visa and Mastercard credit card payments. In addition to the usual bank details (card number, expiry date, and security code), the customer must validate their payment using a specific authentication code received via SMS from their bank or, if applicable, via a digital key.
Payments made via PayPal are automated and secured with the SSL protocol.
If a payment is unsuccessful, the seller will notify the customer.
Article 9 - Proof of Transaction
Communications, orders, and payments between the Customer and the Seller may be proven by means of computerized records stored in the Seller's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium, which is considered, in particular, as a means of proof.
Article 10 - Delivery
10.1. General Provisions
Delivery of all Products purchased on the Site and included in the Customer's Order can only be made after confirmation of the Customer's payment by the Seller's bank.
10.2. Delivery Location
Products will be sent only to the collection point chosen by the Customer from the Carrier's list of available collection points.
10.3. Delivery Costs
In accordance with Article 6 (Price) of the General Terms and Conditions of Sale, the delivery cost is as indicated when the Order is validated and before payment. This amount is inclusive of all taxes.
The delivery cost may vary depending on the Order amount and the delivery destination. Details of the rates can be found on the Site page entitled "Delivery Conditions".
10.4. Delivery Terms
Unless otherwise specified or in cases of Force Majeure, delivery is made by Mondial Relay within three (3) to six (6) business days.
Details of the delivery terms can be found on the Website page entitled “Delivery Conditions”.
If delivery to the relay point chosen by the Customer is impossible, the Carrier may leave the package at a relay point of its choice within a radius of up to fifteen (15) kilometers from the Customer's initial relay point without prior telephone contact. No refund, partial or full, of delivery costs will be issued to the Customer following delivery to another relay point.
For all deliveries to Corsica, the weight of the Order must not exceed three (30) kg. Otherwise, the Seller must cancel the Order and its delivery and will issue a refund within fifteen (15) business days of the Order.
10.5. Shipping or Delivery Delay
Unless otherwise stipulated, any delay in the shipping or delivery of the Products shall not entitle the Customer to (i) a partial or full refund of the Order, (ii) cancellation of the Order, or (iii) compensation for damages.
Except in cases of (i) Force Majeure and/or (ii) refusal to accept packages by the collection points, any delay in delivery of the Products exceeding forty (40) business days will be notified by the Seller to the Customer so that the Customer may indicate whether they wish to receive the Order or be refunded within fourteen (14) days of the date of notification.
10.6. Verification of the Delivered Order
Upon receipt of their Order, the Customer must verify that the Products received conform to the Order form.
In the event of an error in the delivery of the Order, the Customer must inform the Seller within two (2) business days of receiving the Order by email to the following address: contact@zimfitness.com and provide all necessary documents and evidence, including photos, a signed declaration, and a copy of their identification.
The Seller will provide the Customer with a return label for reshipping the merchandise, at the Customer's expense, to the address provided by the Seller. It is specified that a product error does not entitle the Customer to any compensation from the Seller.
The Customer must return the package to the Seller in its original packaging, complete and unopened. The Carrier is entitled to claim all Products and the outer packaging. If the Customer is unable to provide the Products and their original packaging (when intact or only partially damaged), the Seller will not be able to issue a refund, resend the Products, or offer any other form of compensation.
The Carrier is responsible for verifying the delivery error of the Order or the damaged Product within fourteen (14) days of receiving the package returned by the Customer.
If both the Carrier and the Seller approve the claim, the Customer will choose between a credit to be spent on the Website, reshipment of the damaged or missing Products (subject to availability), or a refund for the damaged or missing Products. Reshipment will be made under the same delivery conditions specified in the General Terms and Conditions of Sale (GTC), and all provisions of the GTC will apply. The refund will be issued within fifteen (15) business days of the Seller receiving the Customer's choice.
It is specified that gifts offered with the order placed on the Site and included with the delivery that are damaged during transport or missing are not eligible for a refund and will be included with the customer's next order, subject to availability.
Upon delivery, if the original packaging is damaged, torn, or open, the customer must refuse delivery of their order. Otherwise, the customer must then check the condition of all the items.
Article 11 - Product Warranty
11.1. Legal Guarantees
The Products sold on the Site are subject to the legal guarantee of conformity provided for in Articles L217-3 et seq. of the French Consumer Code, as well as the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
It is hereby stated that the Seller is not the producer of all the Products sold on the Site within the meaning of Article 1245-5 of the French Civil Code.
In the event of a Product sold on the Site being non-compliant, the Customer may request the Seller to replace the non-compliant Product or, failing that, to issue a refund under the conditions stipulated by law and through the following procedures:
(i) any declaration of non-compliance, request for exchange or refund must be made within the legal time limits by the Customer by sending an email to the Seller at the following address: contact@zimfitness.com
(ii) the Seller will then proceed with the exchange or refund after verifying the non-compliance of the Product and its weight within thirty (30) days of receiving the request.
11.2. Commercial Guarantee
Certain Products sold on the Site also benefit from a commercial guarantee offered by the Seller, which ensures, in the event of non-compliance of said Products, a refund of the purchase price, their replacement, or their repair for a period of thirty (30) days following receipt of the Order. This warranty will be indicated in the product information sheet for the Products concerned or, at the latest, in a commercial warranty agreement provided upon delivery.
The implementation of the commercial warranty does not deprive the Customer of the provisions relating to legal warranties as defined in the General Terms and Conditions of Sale.
11.3. Warranty Exclusions
Products that have been modified, repaired, integrated, mixed, partially consumed, added to, or damaged by the Customer or any other person not authorized by the Seller of said Product or by the Product supplier, as applicable, are excluded from the warranty.
Products damaged due to misuse by the Customer or inadequate packaging during their return by the Customer to the Seller are also excluded from the warranty.
The warranty does not cover apparent defects under the legal warranty against hidden defects.
Article 12 - Account
Creating a personal account on the Website may be necessary for the Customer to place any Order on the Website, to manage and track the Order and/or its delivery, and to manage and track any cancellation.
The Customer is responsible for maintaining the confidentiality of their account, its password, and any use of said account within the limits authorized by law.
The account may only be used for the purpose of placing an Order, its delivery, and any claims on the Website, and may not be used:
(iii) for any purpose that causes, would cause, or is likely to cause any damage or harm to the Seller or its Website;
(iv) for the purpose of reselling, misappropriating goods, or any illegal activity;
(v) for any use that is defamatory, abusive, racist, violent, threatening, criminal, terrorist, or for any other illegal purpose;
(vi) for the purpose of fraudulent use, theft, credit card fraud, misrepresentation, or any other illegal purpose.
The Seller reserves the right to refuse access to the account, close the account, modify or remove the content of the Customer's account, and initiate legal proceedings if the Customer violates any applicable law and/or regulation or any provision set forth in these Terms and Conditions.
Article 13 - Protection of Personal Data
In accordance with the GDPR and French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the Seller is the data controller of your personal data collected on the Website.
Your personal data is collected and processed by the Seller in particular to allow you to create a customer account, manage your access to your account, process, manage and deliver Orders, process and manage your cancellation requests, ensure the security of online payments, manage your customer experience, and send you communications.
Your personal data will be collected, as applicable, in particular when you create your account on the Website, place an Order on the Website, pay for your Order, agree to receive communications, and contact the Seller by telephone or email.
The personal data we may collect includes your first and last name, date of birth, place of residence, telephone number, email address, and payment information when placing an order on the Site.
In accordance with the GDPR and French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, you have the right to access, modify, rectify, and delete your personal data.
To correct some of your personal data and contact information, please log in to your customer account.
If you encounter any difficulties, please contact us using the contact details provided in our Terms and Conditions or Legal Notices.
Article 14 - Liability and Force Majeure
14.1. Liability
The Seller shall be liable in accordance with the provisions of common law for any direct damage suffered by the Customer, up to a maximum amount limited to the amount of their Order.
Notwithstanding the above provision, the Seller shall not be liable for (i) any delay caused by a third party or a supplier of the Seller when the Seller has fulfilled its contractual obligations, or (ii) any damage suffered by the Customer that results or may result from an act, omission, delay, or breach by the Customer of its obligations set forth in the General Terms and Conditions of Sale, or from misuse of the Products by the Customer.
14.2. Force Majeure
Each party shall be exempt from liability for any damage that results or arises from a case of Force Majeure.
The party unable to perform its obligations due to a Force Majeure event must notify the other party in writing as soon as possible upon becoming aware of the Force Majeure event and will make reasonable efforts to perform its obligations. The other party must also notify the other party of the end of the Force Majeure event.
The Seller may also notify the other party of any obligations it must suspend due to the Force Majeure event.
Article 15 - Partial Invalidity
If one or more provisions of the General Terms and Conditions are or become invalid by application of French law, regulation or court, the other provisions of the General Terms and Conditions will not be affected and will continue to produce their full effect.
Article 16 - Applicable Law, Dispute Resolution, and Jurisdiction
These Terms and Conditions are governed by, subject to, and construed in accordance with French law. Any reference to a legal provision means that specific article of French law as amended, supplemented, reiterated, or updated.
In the event of a dispute between the Seller and the Customer, the parties will endeavor to reach an amicable solution.
Therefore, the Customer is invited to contact the Seller:
by email: contact@zimfitness.com;
by mail: 38, rue de la Halte, 95120 Ermont, France;
by telephone: +33 1 84 21 85 92 (10:00 AM - 12:00 PM / 2:00 PM - 6:00 PM, Monday to Saturday).
If no amicable resolution can be reached, and in accordance with the legal provisions on the amicable settlement of disputes, the Customer may refer any consumer dispute that could not be resolved with the Seller to a mediator. As an e-commerce company, the Seller is subject to the jurisdiction of the e-commerce mediator service of the French Federation of E-commerce and Distance Selling (FEVAD), 60 rue la Boétie, 75008 Paris, France - https://www.mediateurfevad.fr/.
Failing this, the dispute will be brought before the Commercial Court of Pontoise.
General terms of use​
Article 1 - Contact and Publishing Company
For any questions or requests for information concerning the Site, the Products, or to report any illegal content or activities, the Customer may contact the Seller, the Site's publisher, at the following email address: contact@zimfitness.com or via the site's contact form.
Please refer to the "Legal Notice" section of the Site to find all the Publisher's identification information.
Article 2 - Definitions
Terms beginning with a capital letter in these Terms of Use have the meanings assigned to them in the Terms and Conditions of Sale or, where applicable, in this Article 2.
"Publisher" refers to the company ESI CARE as identified in the "Legal Notice" section of the Site.
"Personal Area" refers to the area on the Site accessible only to the User via their username and password.
“User” refers to any individual, of legal age and capacity, acting as a consumer and not a professional as defined by the French Consumer Code, who wishes to access the Site and the Products.
Article 3 - Purpose, Scope, and Acceptance of the Terms of Use
These Terms of Use are those established by the Publisher and govern the Client's use of the Site.
These Terms of Use apply exclusively to current and future business relationships between the Publisher and the User, in the version of the Terms of Use currently in effect.
These Terms of Use apply, as needed, to any version or extension of the Site on social networks and/or any other existing or future media.
Use of the Site is subject to the User's unreserved acceptance and compliance with these Terms of Use. Accessing the Site constitutes unreserved acceptance of these Terms of Use, as does any browsing of the Site.
These Terms of Use are supplemented by the General Terms and Conditions of Sale and, where applicable, any specific conditions.
Article 4 - Access and Navigation
Access to and use of the Site are reserved for all Users.
The Publisher reserves the right to request proof of age from the Client by any means.
Any User with internet access can access the Site from anywhere. The costs incurred by the User to access the Site (such as internet connection and computer equipment) are not the responsibility of the Publisher.
Article 5 - Site Management
The Publisher implements the technical solutions at its disposal to ensure access to the Site 24 hours a day, 7 days a week.
For the proper management of the Site, the Publisher may, at any time, without prior notice or justification:
- suspend, limit, or interrupt access to all or part of the Site in order to perform updates, modify its content, or take any other action deemed necessary for the proper functioning of the Site;
- to restrict access to the Site or certain pages thereof to a specific category of users;
- to remove any information that could disrupt the proper functioning of the Site or any information that may in the future violate any applicable law.
The Publisher reserves the right to modify these Terms of Use at any time. Modifications will be applicable as soon as they are published on the Site. The applicable Terms of Use will then be those in effect on the date the Customer places the Order.
Article 6 - Services Reserved for Registered Users
Access to certain services, and in particular all paid services, is conditional upon the User registering on the Site. This means that the User must create login credentials.
This registration is reserved exclusively for any individual meeting the criteria of the User definition who has completed and submitted the registration form available online on the Site, as well as the Terms and Conditions of Use.
The User declares and warrants, at all times, that the information provided during registration is accurate, truthful, and up-to-date regarding their personal and civil status.
The User acknowledges and accepts that they must provide a valid and accurate email address to which a registration confirmation for the Site will be sent.
Only one Site registration is permitted per User.
The User is assigned a username allowing them to access their Personal Account, where they can modify any information concerning them, including their username and password.
The confidentiality and maintenance of the confidentiality of the Personal Account, the User's username and password, as well as any use of said Personal Account within the limits authorized by law, remain the responsibility of the User. The User agrees not to disclose any information from their Personal Account to third parties.
The Personal Account and registration on the Site may only be used by the User for the purpose of accessing and browsing the Site and may not be used:
(vii) for any purpose that causes, would cause, or is likely to cause any damage or harm to the Publisher or its Site;
(viii) for the purpose of reselling, misappropriating goods, or any illegal activity;
(ix) for any defamatory, abusive, racist, violent, threatening, criminal, terrorist, or any other illegal purpose;
(x) for the purpose of fraudulent use, theft, credit card fraud, misrepresentation, or any other illegal purpose.
The Publisher reserves the right to refuse any registration request for the Site and its services and/or access to the Personal Account, to close the Personal Account, or to modify or remove the content of the User's Personal Account, and to initiate any legal proceedings if the User violates any applicable law and/or regulation or any provision set forth in the Terms of Service.
The User may also unsubscribe from the Site at any time by visiting the dedicated page in their Personal Account. Unsubscribing from the Site will be effective immediately after the User has completed the designated form.
Article 7 - Liability
The Publisher is only liable for the content it has itself published on the Site.
Under no circumstances is the Publisher liable:
- for any technical, IT, or compatibility issues or failures of the Site with any hardware or software whatsoever;
- for any server or network malfunction;
- for any Force Majeure or actions of a third party;
- for any direct or indirect, tangible or intangible, foreseeable or unforeseeable damages resulting from the use of, or difficulties in using, the Site or its services;
- for the inherent characteristics of the internet, including those related to the unreliability and lack of security of information circulating on it;
- for any illegal content or activities using its Site without its having been duly notified.
The User is responsible for:
- protecting their equipment and data, as well as their login ID and password;
- their use of the Site, its services, and the information and content available on the Site;
- if they fail to comply with these Terms of Use;
- comments made on the Site and on any version or extension of the Site on social networks and/or any other type of existing or future media.
Article 8 - Hyperlinks
The website may contain hyperlinks to other websites over which the Publisher has no control. Despite the Publisher's possible prior checks, the Publisher disclaims all liability for the content found on these websites.
The Publisher authorizes the creation of hyperlinks to any page or document on its website, provided that these links are not created for commercial or advertising purposes. Furthermore, the Publisher must be notified before any hyperlink is created.
This authorization excludes websites disseminating information that is illegal, violent, controversial, pornographic, xenophobic, or likely to offend public sensibilities, or that violates any applicable law.
Finally, the Publisher reserves the right to remove any hyperlink to its website at any time if it deems it inconsistent with its editorial policy.
Article 9 - Personal Data
In accordance with the GDPR and French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the Publisher is the data controller of the User's personal data collected on the Site.
The User's personal data is collected and processed by the Publisher in particular to allow the User to create their Personal Account, manage their access to their Personal Account, manage the user experience, and send communications.
Personal data will be collected, in particular, during the creation of the Personal Account on the Site.
The personal data we may collect includes the User's first and last name, date of birth, place of residence, telephone number, and email address.
In accordance with the GDPR and French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the User has the right to access, modify, rectify, and delete their personal data.
To correct some of your personal data, please go to your Personal Account.
If you encounter any difficulties, please contact us using the contact details provided in the Terms of Service or Legal Notices.
Article 10 - Cookies
The Site may use cookies to process statistics and traffic information, facilitate navigation, and improve the service for the User's convenience. The User may refuse the storage of these cookies by configuring their browser settings.
Article 11 - Intellectual Property
All content on the Site, regardless of its nature (logo, text, graphic elements, images, videos, etc.), its structure, and all computer applications are the property of the Publisher and are protected by the provisions of the Intellectual Property Code, and in particular by copyright law.
Any representation, reproduction, copying, publication, adaptation, or exploitation, in whole or in part, of the Site's content, trademarks (including Zimfit®), and/or services offered by the Site, by any means whatsoever and on any medium whatsoever, without the Publisher's prior written authorization, is strictly prohibited and constitutes infringement under Articles L355-2 et seq. of the Intellectual Property Code. The Publisher may then take any legal action necessary to protect its rights.
It is reiterated that access to the Site does not constitute recognition of any right and does not confer any intellectual property rights to the Site and its content.
The User is prohibited from introducing any data, information or any element onto the Site.
Article 12 - Applicable Law, Dispute Resolution, and Jurisdiction
These Terms and Conditions are governed by, subject to, and construed in accordance with French law. Any reference to a legal provision means that specific article of French law as amended, supplemented, reiterated, or updated.
In the event of a dispute between the Seller and the Customer, the parties will endeavor to reach an amicable solution.
Therefore, the Customer is invited to contact the Seller:
by email: contact@zimfitness.com;
by mail: 38, rue de la Halte, 95120 Ermont, France;
by telephone: +33 1 84 21 85 92 (10:00 AM - 12:00 PM / 2:00 PM - 6:00 PM, Monday to Friday).
In the absence of such an amicable resolution, and in accordance with the legal provisions on the amicable settlement of disputes, the Customer may refer any consumer dispute that could not be resolved with the Seller to a mediator.
As an e-commerce company, the Seller is subject to the jurisdiction of the e-commerce mediator service of the French Federation of E-commerce and Distance Selling (“FEVAD”), 60 rue la Boétie, 75008 Paris, France - https://www.mediateurfevad.fr/.
Failing this, the dispute will be brought before the Commercial Court of Pontoise.
