GENERAL TERMS OF SALE (GTS)

Last update: 02/06/2025

These General Terms and Conditions of Sale (GTC) govern sales made on the website www.frenchmush.com (hereinafter "the Site"), published by French Mush.

1. Purpose:

The company FRENCH MUSH ("FRENCH MUSH") offers the sale of dietary supplements (the "Products") to individuals (the "Buyers") available for sale on the website www.frenchmush.com (the "Site").

These general conditions (the "General Conditions") aim to define the terms and conditions of online sales and delivery of Products, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time via a direct link at the bottom of the Site page.

The General Conditions prevail over any other general or specific conditions not expressly agreed to by FRENCH MUSH.

They may be supplemented, if necessary, by specific terms of use for certain Products offered on the Site, which supplement the General Conditions and, in case of contradiction, prevail over the latter.

2. Legal capacity and acceptance of the general conditionsthe:

2.1 Legal capacity:

The Site is accessible to any individual with full legal capacity to commit under the General Conditions. An individual who does not have full legal capacity can only access the Site with the agreement of their legal representative.

2.2 Acceptance of the General Conditions:

Acceptance of these General Terms and Conditions of Sale is deemed to be acquired as soon as the Buyer makes a purchase on the Site, including by validating a payment. This acceptance is full and complete, without restriction or reservation. Any order therefore implies full adherence to these GTC.

The Buyer who does not accept these General Conditions must not place an order or make a payment on the Site.

3. Registration on the site:

3.1 Creation of the customer account:

Placing an order on the Site requires the Buyer to register.When the Buyer places an order and provides the information marked as mandatory, a customer account (the "Account") is automatically created in the name of the Buyer. This Account allows the Buyer to track their orders and manage their information in a form and by means that FRENCH MUSH deems most appropriate.

The Buyer guarantees that all the information he provides is accurate, up-to-date, and sincere and is not misleading in any way.

He undertakes to update this information on his Account in case of changes (notably change of postal address), so that they always meet the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account serves as proof of his identity and binds him upon validation.

3.2 Access and use of the customer account:

The Buyer can access his Account at any time after identifying himself using his login ID and password.

The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility for it.

He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using them being deemed to be made by the Buyer.
He must immediately contact FRENCH MUSH at the contact details mentioned in the header of the General Conditions if he notices that his Account has been used without his knowledge.
He acknowledges FRENCH MUSH's right to take all appropriate measures in such a case.

4. Product characteristics:

Before any online order and in particular application of the provisions of article L111-1 of the Consumer Code, the Buyer can learn about the characteristics of each Product they wish to order on the Site.

The Products are offered for online sale subject to available stock. Product information does not replace medical advice: in case of treatment or medical follow-up, the Buyer is advised, as a precaution, to consult their doctor before consumption.

The photographs and descriptions of the Products offered for online sale are presented with the utmost care to be as accurate and faithful as possible.
However, they are provided for information purposes only. The packaging visual may differ from the delivered product, without affecting the essential characteristics of the Product.
FRENCH MUSH cannot be held responsible for erroneous interpretations; only the details provided in the descriptions are authoritative.

5. Order:

5.1 Placing an order:

To place an order, the Buyer must select the Product(s) of their choice and place them in their cart.

They can access the summary of their cart at any time as long as the order is not definitively validated and can correct any errors in the entered elements.

The order is deemed paid by the Buyer once the payment is validated and actually received by FRENCH MUSH.

As part of their order, the Buyer is invited to provide their contact details for delivery and billing purposes. They must fill in all fields marked as mandatory in the form provided for this purpose.
Orders that do not contain all the required information cannot be validated.

The Buyer guarantees that all the information they provide in the order form is accurate, up-to-date, and sincere and is not misleading.

They are informed and accept that this information serves as proof of their identity and commits them upon validation.

5.2 Order confirmation:

At the end of their order, the Buyer receives a confirmation of it by email which:

summarizes the elements of the order.
includes the general conditions in force on the day of the order
gives access to the invoice corresponding to the order.

The Buyer must ensure that the contact details provided are correct and allow them to receive the confirmation email of their order. If not received, the Buyer must contact FRENCH MUSH at the contact details mentioned in the header of the General Conditions.

FRENCH MUSH recommends that the Buyer keep the information contained in the order confirmation, as well as their invoice.

The order confirmation is deemed received by the Buyer when they can access it.

6. Price and payment terms:

6.1 Price:

The selling prices of the Products are displayed on the Site.

They are indicated in the currency of the ordering country, all taxes included (VAT of the ordering country and other applicable taxes).

They are indicated in the currency of the ordering country. For orders placed from and to the European Union, the prices include VAT. For orders placed and destined outside the European Union, the prices are tax-free. All taxes and customs duties are the responsibility of the buyer.

In the DOM-TOM and certain countries, customs duties or local taxes may be required and are the responsibility of the buyer and can in no case be reimbursed by French Mush.

These duties and taxes, which FRENCH MUSH cannot determine in advance the exact amount of and therefore cannot inform the Buyer of prior to their order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.

FRENCH MUSH reserves the right, at its sole discretion and according to terms it alone will determine, to offer promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which are billed in addition to their price.
The amount of applicable delivery charges is indicated before the order is confirmed by the Buyer.

The applicable price is the one displayed on the Site at the time of the Buyer's order registration. Prices are not retroactive in any case.

6.2 Payment terms, delays, and defaults:

The full price of the Products is payable at the time of order.

Payment can be made online:

by credit card, through the secure online payment service indicated on the Site
or by any other means that will be offered on the Site at the time of the order.

The Buyer guarantees to FRENCH MUSH that they have the necessary authorizations to use the chosen payment method.

FRENCH MUSH reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount that would be due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Site.

Penalties equal to 1.5 times the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt.

7. The subscription:

The Subscription is offered under different recurrence plans, the terms of which (frequency, price, content) are specified at the time of subscription on the Site.
Subscribing to one of these plans commits the Subscriber to an automatic delivery service of the Products, tacitly renewed until termination.

By confirming their subscription, the Subscriber authorizes the automatic debit of the amount corresponding to the chosen plan, according to the frequency specified during the initial order.

The Products are then shipped and delivered within an indicative period of three (3) to seven (7) business days for France, and up to fourteen (14) business days for deliveries in Europe and Internationally, from the date of shipment.

The Subscriber can terminate their subscription according to the terms defined in article 7.2 “Termination” of these General Terms and Conditions of Sale.

By subscribing, the Subscriber acknowledges having read the General Terms and Conditions of Sale, understood them, and accepts them without reservation.

7.1 Responsibility and access to the customer account:

7.1.1 Clarity of the purchase process and Subscriber's commitment:

The Subscription is explicitly mentioned several times throughout the purchase process on the Site, before the order is confirmed. By confirming their payment, the Subscriber acknowledges having read and accepted these General Terms and Conditions of Sale.

At the end of the order, the Subscriber receives a purchase confirmation email, a subscription confirmation email, and a reminder email before each automatic renewal.

These elements guarantee the transparency of the commitment made.

French Mush cannot be held responsible in case of a subscription taken out without effectively reading the information displayed during the order.

7.1.2 Access to the customer account:

The information allowing the identification of the Subscriber (username and password) is personal and confidential.

They can only be modified by the Subscriber or by French Mush, notably in case of password loss.

The Subscriber is solely responsible for their use. Any order placed using these identifiers is deemed to have been placed by the Subscriber themselves.

The Company cannot be held responsible for the consequences related to the disclosure of this data, nor for its use by a third party.

French Mush cannot, under any circumstances, be held responsible for direct or indirect damages related to the use of the service (notably damage to reputation, data loss, image damage, etc.)

7.2 Réalisation de l'abonnement:

The Subscriber can terminate their subscription at any time from their subscriber area.

The termination takes effect at the end of the current billing cycle. Any order already billed before the termination request will be shipped and cannot be canceled or refunded.
The registered payment method is deleted at the Subscriber's request, once the termination is effective.
If unable to access the subscriber area, the Subscriber can contact customer service via the form available on the Site.
In case of termination of the subscription or change of Product within the subscription framework, the Subscriber loses all tariff or specific benefits related to the initial subscription (promotional offers, preferential price, etc.).
These benefits are neither transferable nor retained beyond the initially subscribed plan or Product.
However, if the Subscriber chooses to reactivate their subscription on the same Product, this reactivation can be carried out under the initially applied pricing conditions, subject to availability and technical compatibility.
Reactivation can be carried out directly from the customer area or via customer service.
Termination can also be initiated by FRENCH MUSH, particularly in case of non-compliance with these General Terms and Conditions of Sale or suspicion of fraud.

8. Loyalty and referral:

8.1 Eligibility conditions and operation of the referral program:

The French Mush referral program allows customers to recommend products to their close ones and benefit from promotional discounts in return for this recommendation.

A Referrer is considered to be any customer with an active French Mush account who has already made at least one purchase on the site. www.frenchmush.com.

The Referee is a person close to the Referrer, with whom they maintain a direct and regular relationship. The Referrer and the Referee cannot be the same person under any circumstances, even if using multiple email addresses linked to the same physical person.

The referral allows the Referee to benefit from a discount on their first order, provided they create a new customer account. Once this order is validated, the Referrer also receives a discount usable on a subsequent order.
These discounts are neither cumulative with each other nor with other promotional codes.

Each Referrer can refer up to fifty (50) Referees.

French Mush reserves the right to suspend or cancel any account or order in case of abusive or fraudulent behavior, particularly in cases of self-referral or public or commercial dissemination of the referral link.

8.2 Eligibility condition and operation of the loyalty program:

FRENCH MUSH offers a loyalty program allowing customers to accumulate points with each purchase, according to a scale specified in their customer area.

The points thus obtained can be used to benefit from discounts on future orders or other exclusive advantages offered by the brand.

The points are personal, non-transferable, non-redeemable for cash, and cannot be refunded, even partially. They have a limited validity period, defined in the program conditions.

The complete terms of the loyalty program (scale, conditions of use, nature of rewards) are available on the French Mush website.

9. Retention of title:

FRENCH MUSH retains full ownership of the Products sold until full payment is received, including delivery charges.

10. Delivery:

10.1 Delivery address:

Once the order is received by FRENCH MUSH, the Buyer can no longer modify their delivery address. Any modification subsequent to the order may therefore be charged by French Mush to the extent of the costs incurred.

10.2 Delivery territory:

Unless otherwise stated on the Site, the Products are delivered exclusively to all the countries available on the Site.

The delivery of the Products will be made to the address indicated at the time of the Buyer's order as the "delivery address" (which may be different from the billing address), provided it is within the possible delivery territory for the Products, and that it is not incorrect.

10.3 Delivery methods:

There are different possible delivery methods depending on the delivery territories. They are specified on the Site, at the time of order validation, on the payment page.

The Buyer is informed before the validation of their order of the possible delivery methods for the ordered Product, as well as an estimate of the time frames and the corresponding costs for each of these methods.

The Buyer must select the desired delivery method and provide all necessary information for the effective delivery of the Product according to this method.

FRENCH MUSH reserves the right to modify the delivery methods offered at any time.

10.4 Delivery times:

For information purposes, an estimated delivery time is indicated to the Buyer. This time frame is not contractual.

FRENCH MUSH cannot be held responsible for exceeding this estimated time frame, as it remains dependent on the deadlines imposed by the carriers. No refund or compensation can be claimed on this basis, except as otherwise provided by law or in the event of proven fault attributable to FRENCH MUSH.

In the event of a delivery delay exceeding seven (7) business days for France, twelve (12) business days for Europe, or fourteen (14) business days for other international destinations, calculated from the date of shipment, a new Product may be reshipped to the Buyer, subject to prior analysis of the file and express validation by the FRENCH MUSH team.

In the case of an order of multiple items, FRENCH MUSH reserves the right to split the shipments. In such a case, delivery charges will only be billed once.

10.5 Delivery failure, package return, claims, and associated costs

10.5.1 Non-collection, refusal of delivery, or incorrect address:

In the case of delivery to a pickup point, the Buyer is required to collect their package within the time limits indicated by the carrier. Failing that, the package will be automatically returned to FRENCH MUSH.

The same applies in the event of refusal of delivery by the Buyer, or delivery failure due to an incomplete, incorrect, inaccessible address, or repeated absence during a home delivery.

In these situations:

the Buyer must contact customer service to request, at their choice, a new shipment (at their expense) or a partial refund;
In the event of a refund, FRENCH MUSH will deduct a flat fee of six ninety (6.90) euros corresponding to the logistical costs incurred.

The Buyer has a period of twenty (20) calendar days from the date of return of the package to FRENCH MUSH to contact customer service.
Beyond this period, the order may be considered abandoned and will not result in any refund or reshipment, except for an exceptional decision at the discretion of FRENCH MUSH.

10.5.2 Package marked as delivered but not received:

If a package is marked as "delivered" by the carrier but has not been received by the Buyer, the latter has a period of twenty (20) calendar days from the indicated delivery date to contact customer service.

Beyond this period, no claim can be considered.

10.5.3 Missing, damaged, or non-compliant product:

If the Buyer finds, upon receipt of their order, that the package is damaged, incomplete, or does not match their order, they must inform FRENCH MUSH within a period of four (4) business days from the receipt of the package.

The claim must be accompanied by supporting photos to verify non-compliance, including imperatively:

a photo of the outside of the package (with the packaging visible),
a photo of the inside of the package,
a photo of the shipping label,
a photo of any visible damage, if applicable,
and a photo of the label affixed to the product in question, allowing the identification of the Product(s) concerned.

After this period of 4 business days, FRENCH MUSH does not guarantee the handling of the claim, as recourse with carriers is no longer possible. Any request beyond the deadline may, however, be considered on a case-by-case basis, without this constituting an obligation for FRENCH MUSH.

11. Right of withdrawal and returns:

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain products, including:

products opened or unsealed after delivery, when they cannot be returned for reasons of hygiene or health protection;
products manufactured according to the Client's specifications or clearly personalized;
products likely to deteriorate or expire quickly, such as perishable goods or certain dietary supplements sensitive to heat, humidity, or light.

Consequently, any return of a product that is opened, altered, customized, with a short expiration date, or whose packaging has been damaged (damaged label, unsealed cap, removed seal, etc.) cannot be refunded, except for an error attributable to FRENCH MUSH or proven non-conformity.

11.1 Terms of exercising the right of withdrawal:

Subject to the exclusions mentioned above, and in accordance with article L.221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the receipt of their order to exercise their right of withdrawal, without having to justify any reason.

The Buyer must first contact customer service to obtain a return agreement.

Their request must be accompanied by the following supporting documents:

a photo of the package, with the transport label visible,
if the package has not been opened: a photo showing the integrity of the closed package,
if the package has been opened: a photo of the Products in their original packaging, placed in the package.

In all cases, the Buyer must return a sworn statement, duly completed and signed, certifying that the Products have not been opened, used, or altered.

The Products must be returned in their original condition, unopened and in their original packaging, allowing them to be resold.

The return package is sent by the Buyer's means and at their expense, to the address that will be communicated by customer service.

The refund will occur within a maximum period of fourteen (14) days from the receipt and verification of the return by our logistics service.

FRENCH MUSH reserves the right to refuse any refund in case of non-compliance with the conditions stated in this article.

Return costs are entirely the responsibility of the Buyer.
In case of a refund, a flat fee of six euros and ninety cents (6.90) will be deducted from the refunded amount, for the logistical costs borne by FRENCH MUSH.

12. Legal guarantees:

12.1 Legal guarantee of conformity (articles L217-4 and following of the Consumer Code):

Our food products benefit from the legal warranty of conformity, allowing you to claim a product that conforms to your order. Under this warranty:

You have a period of 2 years from the date of delivery of the product to report any lack of conformity.
You can choose between repair or replacement of the product, subject to the cost conditions provided by law (article L217-9 of the Consumer Code).
During the 24 months following delivery, you do not need to prove that the lack of conformity existed at the time of delivery of the product.

This warranty applies taking into account the perishable nature of foodstuffs. For products with a use-by date (UBD), the warranty is applicable as long as the product has not reached its UBD and has been stored according to the recommendations on the packaging.

12.2 Warranty against hidden defects (articles 1641 and following of the Civil Code):

In accordance with the law, our products also benefit from the warranty against hidden defects. If a hidden defect rendering the product unfit for use or significantly diminishing this use is discovered, you can:

Cancel the sale (return of the product and full refund);
Or request a reduction in the sale price.

This action must be initiated within a period of 2 years from the discovery of the hidden defect.

12.3. Exclusions:

The legal warranties do not cover defects resulting from improper handling or storage of the product by the customer, especially if the storage conditions indicated on the packaging have not been respected.

12.4. Commercial warranty:

Any commercial warranty granted by FRENCH MUSH is in addition to the legal warranties and does not replace them.

13. Obligations of the Buyer:

Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.

They must take the necessary measures to safeguard by their own means the information from their Account that they deem necessary, of which no copy will be provided to them.

14. Liability of FRENCH MUSH:

14.1 Liability related to the Products:

The Buyer acknowledges and agrees that the Products sold by FRENCH MUSH are not medicines and are not intended to replace medical treatment. The Buyer must always consult a healthcare professional before using a dietary supplement.

FRENCH MUSH provides no guarantee regarding the suitability of the Products to the specific needs, expectations, or constraints of the Buyer.
It cannot be held responsible for damages resulting from the use of Products not in accordance with recommendations or their intended purpose, and not directly caused by a defect.

14.2 Liability related to the execution of sales contracts:

FRENCH MUSH cannot be held responsible for non-performance or delay in the execution of sales contracts due to circumstances beyond its control or a case of force majeure, as defined in article 1218 of the Civil Code.

It is expressly specified that the following are considered as cases of force majeure, in addition to those usually recognized by the jurisprudence of French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, cases of disruption or blockage of telecommunication networks, means of transport or postal services including due to strikes, damages caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by competent authorities that would substantially modify the General Conditions.

FRENCH MUSH cannot be held responsible for non-performance or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of the article "delivery".
Thus, in the event of a new delivery, the costs related to this delivery will be charged to the Buyer.

14.3 Liability related to access to the Site:

FRENCH MUSH undertakes to regularly conduct checks to verify the operation and accessibility of the Site.

As such, FRENCH MUSH reserves the right to temporarily interrupt access to the Site for maintenance reasons.

Similarly, FRENCH MUSH cannot be held responsible for temporary difficulties or impossibilities in accessing the Site that originate from circumstances beyond its control, force majeure as defined above, or due to disruptions in telecommunication networks.

In any event, the liability of FRENCH MUSH is expressly limited to only direct and proven damages suffered by the Buyer, excluding any indirect or immaterial damage, such as loss of opportunity, revenue, or business.

15. Intellectual Property:

The Site, systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) operated by FRENCH MUSH within the Site are protected by all intellectual property rights or database producer rights in force.

Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the authorization of FRENCH MUSH are strictly prohibited and may be subject to legal proceedings.

16. Personal data:

FRENCH MUSH practices a personal data protection policy whose characteristics are explained in the document entitled "Privacy Policy," which the Buyer is expressly invited to read.

17. Advertising:

FRENCH MUSH reserves the right to insert on any page of the Site and in any communication to the Buyers all advertising or promotional messages in a form and under conditions that FRENCH MUSH alone will judge.

18. Prohibited behaviors:

Strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusions or attempts to intrude into FRENCH MUSH's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the infrastructure of the latter, (v) any breaches of security and authentication measures, (vi) any acts likely to harm the financial, commercial, or moral rights and interests of FRENCH MUSH or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of the General Conditions or the laws and regulations in force.

It is also strictly forbidden to monetize, sell, or grant all or part of the access to the Site, as well as the information it contains.

Any commercial exploitation of the Products by the Buyers is prohibited, including any resale or distribution for a fee.

In case of breach of any provision of this article or more generally, of violations of laws and regulations, FRENCH MUSH reserves the right to take all appropriate measures and to initiate any legal action.

19. Deletion of the account and personal data:

The Buyer can request the deletion of their account at any time, either by contacting French Mush at the address mentioned in the header of these General Conditions.

Account deletion is only possible if no order is in the process of delivery, no active subscription is being executed, and no dispute is being processed. Otherwise, the request may be suspended until the resolution of the relevant elements.

The deletion of the account results in the deactivation of access to the customer account as well as the deletion of associated personal data, in compliance with the General Data Protection Regulation (GDPR).

Notably concerned are: the name, postal address, email address, IP address, payment information (such as partial or complete credit card numbers, if retained), as well as any other data allowing direct or indirect identification of the Client.

The effective deletion of data occurs within a maximum period of one hundred forty-five (145) days from the request. During this period, the Buyer has the option to request the cancellation of the procedure. After this period, the deletion is irreversible and the deleted data cannot be recovered.

Some data may, however, be retained beyond this period if their retention is required by a legal or regulatory obligation.

For further information, the Client is invited to consult article 14 "Personal Data" herein, as well as the document entitled "Privacy Policy," accessible on the Site.

20. Modifications:

FRENCH MUSH reserves the right to modify these General Terms and Conditions of Sale at any time.

The applicable General Conditions are those in effect on the date of the order placed by the Buyer.

Subsequent modifications will not apply retroactively to orders already placed.

21. Language:

In the event of a translation of the General Conditions into one or more languages, the language of interpretation will be French in case of contradiction or dispute over the meaning of a term or provision.

22. Mediation:

In accordance with the provisions of articles L.611-1 and following and R.152-1 and following of the Consumer Code, the Buyer has the right to resort free of charge to a consumer mediator for the amicable resolution of a dispute with French Mush, provided that no prior steps have resolved the dispute directly with customer service.

Recourse to the mediator can only occur after an attempt to directly resolve the dispute with French Mush, by written complaint sent by postal or electronic means.

As such, the Buyer may refer to the following consumer mediator:

Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C)

Address: 14 rue Saint Jean, 75017 Paris

Phone: 06 09 20 48 86

Website: www.cm2c.net

23. Applicable law:

The General Conditions are governed by French law.