GENERAL TERMS OF SALE (GTS)

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

1. Purpose:

The company FRENCH MUSH (“FRENCH MUSH”) offers the sale of dietary supplements (the “Products”) to individual consumers (the “Buyers”) made available on the website www.frenchmush.com (the “Site”).

These general terms and conditions (the “General Terms”) are intended to define the terms and conditions of the online sale and delivery of the Products, as well as 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.

The General Terms take precedence over any other general or special conditions not expressly approved by FRENCH MUSH.

They may be supplemented, where applicable, by special terms of use for certain Products offered on the Site, which supplement the General Terms and, in case of contradiction, prevail over them.

2. Legal capacity and acceptance of the general terms:

2.1 Legal capacity:

The Site is accessible to any natural person with full legal capacity to commit under these General Terms. Any person who does not have full legal capacity may only access the Site with the consent of their legal representative.

2.2 Acceptance of the General Terms:

Acceptance of these General Terms of Sale is deemed acquired as soon as the Buyer makes a purchase on the Site, including by confirming a payment. This acceptance is full and complete, without restriction or reservation. Any order therefore implies full adherence to these GTC.
Any Buyer who does not accept these General Terms must not place an order or make a payment on the Site.

3. Registration on the site:

3.1 Creating a customer account:

To place an order on the Site, the Buyer must register. When the Buyer places an order and provides the required mandatory information, 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 manner and using the technical means that FRENCH MUSH deems most appropriate.
The Buyer guarantees that all information provided is accurate, up-to-date, truthful, and not misleading.

They agree to update this information in their Account in the event of changes (notably changes in postal address), so that it always meets the above criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity and binds them upon validation.

3.2 Access and use of the customer account:

The Buyer may access their Account at any time after logging in using their login and password.

The Buyer agrees to use their Account personally and not to allow any third party to use it on their behalf, otherwise assuming full responsibility.

They are also responsible for maintaining the confidentiality of their login and password, and any access to the Site using these credentials is deemed to have been made by the Buyer.
They must immediately contact FRENCH MUSH using the contact details provided at the top of the General Terms if they become aware that their Account has been used without their knowledge.
They acknowledge FRENCH MUSH’s right to take any appropriate action in such a case.

4. Product characteristics:

Before placing an order online and in accordance with Article L111-1 of the French Consumer Code, the Buyer can view, on the Site, the characteristics of each Product they wish to order.

The Products are offered for online sale while stocks last. The product information does not replace medical advice: in case of treatment or medical monitoring, the Buyer is advised, as a precaution, to consult their doctor before consumption.

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

5. Order:

5.1 Placing an order:

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

They may access a summary of their cart at any time before the order is definitively confirmed and can correct any errors in the entered details.

The order is considered completed once payment has been confirmed and effectively received by FRENCH MUSH.

As part of their order, the Buyer is asked to provide their contact information for delivery and billing purposes. They must complete all fields marked as mandatory in the form provided.
Orders lacking all required information cannot be validated.

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

They are informed and accept that this information constitutes proof of their identity and binds them upon validation.

5.2 Order confirmation:

After placing the order, the Buyer receives a confirmation email that:

• summarizes the details of the order.

• includes the general terms in effect on the day of the order.

• provides access to the invoice for the order.

The Buyer must ensure that the contact details provided are correct and enable them to receive the order confirmation email. If not received, the Buyer must contact FRENCH MUSH using the contact details provided at the top of the General Terms.

FRENCH MUSH recommends that the Buyer save the information in the order confirmation and the invoice.

The order confirmation is deemed received by the Buyer when it is accessible to them.

6. Price and payment terms:

6.1 Price:

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

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

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

In the French overseas departments and territories (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 refunded by French Mush.

These duties and taxes, which FRENCH MUSH cannot determine in advance and therefore cannot inform the Buyer about before the order, remain the Buyer’s responsibility, who is solely responsible for completing any declarations and/or formalities related to them.

FRENCH MUSH reserves the right, at its sole discretion and in the manner it deems appropriate, to offer promotional offers or price reductions.

Prices do not include any delivery fees that may apply to the delivery of the Products, which are billed in addition to the Product prices.
The amount of applicable delivery charges is indicated before the Buyer confirms the order.

The applicable price is the one displayed on the Site at the time the Buyer places the order. Prices are not retroactive under any circumstances.

6.2 Payment terms, delays, and non-payment:

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

Payment may be made online:

• by credit card, through the secure online payment service indicated on the Site,

• or by any other means 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 due by the Buyer, in case of a 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 automatically apply to unpaid amounts upon first presentation of a formal notice sent by registered letter with acknowledgment of receipt.

7. Subscription:

The Subscription is offered in various recurring formats, the terms of which (frequency, price, content) are specified at the time of subscription on the Site.
Subscribing to one of these formats commits the Subscriber to an automatic delivery service of the Products, automatically renewed until cancellation.

By validating their subscription, the Subscriber authorizes the automatic withdrawal of the corresponding amount based on the chosen plan, according to the frequency specified during the initial order.

The Products are then shipped and delivered within an estimated 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 shipping date.

The Subscriber may 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, understood, and accepted the General Terms and Conditions of Sale without reservation.

7.1 Responsibility and access to the customer account:

7.1.1 Clarity of the purchase process and Subscriber 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 ensure the transparency of the commitment undertaken.

French Mush cannot be held liable in the event of a subscription taken out without actually reading the information displayed during the order process.

7.1.2 Access to the customer account:

The information used to identify 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 credentials is deemed to have been placed by the Subscriber.

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

French Mush can in no case be held liable for direct or indirect damages related to the use of the service (notably damage to reputation, data loss, harm to image, etc.)

7.2 Termination of the subscription:

The Subscriber may cancel their subscription at any time from their subscriber space.
The termination takes effect at the end of the current billing cycle. Any order already billed before the cancellation request will be shipped and cannot be canceled or refunded.

The registered payment method will be deleted upon the Subscriber’s request, once the cancellation is effective.

If the Subscriber is unable to access the subscriber space, they may contact customer service via the form available on the Site.

In the event of subscription cancellation or a Product change within the subscription framework, the Subscriber loses all pricing or specific benefits linked to the initial subscription (promotional offers, preferential pricing, etc.).
These benefits are neither transferable nor retained beyond the initially subscribed formula or Product.

However, if the Subscriber chooses to reactivate their subscription to the same Product, such reactivation may be carried out under the initial pricing terms, subject to availability and technical compatibility.
Reactivation can be performed directly from the customer space or via customer service.

Termination may also be initiated by FRENCH MUSH, notably in the event of non-compliance with these General Terms and Conditions of Sale or suspected fraud.

8. Loyalty and referral:

8.1 Eligibility conditions and operation of the referral program:

The French Mush referral program allows customers to recommend the products to their relatives and receive promotional discounts in exchange for their recommendation.

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

The Referee is a person close to the Referrer, with whom they have a direct and regular relationship. The Referrer and the Referee can under no circumstances be the same person, even if using different email addresses linked to the same individual.

Referral allows the Referee to receive 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, notably in cases of self-referral or public/commercial dissemination of the referral link.

8.2 Eligibility conditions 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 receive discounts on future orders or other exclusive benefits offered by the brand.

The points are personal, non-transferable, non-redeemable, and cannot give rise to any reimbursement, even partial. They have a limited validity period, defined in the program’s terms.

Full details of the loyalty program (scale, usage conditions, nature of rewards) are available on the French Mush website.

9. Retention of ownership:

FRENCH MUSH retains full ownership of the Products sold until full payment has been received, including delivery fees.

10. Delivery:

10.1 Delivery address:

Once the order has been received by FRENCH MUSH, the Buyer can no longer modify their delivery address. Any change made after the order may therefore be charged by French Mush based on the costs incurred.

10.2 Delivery territories:

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

Delivery of the Products will be made to the address indicated during the Buyer’s order as the "delivery address" (which may differ from the billing address), provided it is within the eligible delivery territory and not incorrect.

10.3 Delivery methods:

Various delivery methods are available depending on the delivery territories. These are specified on the Site at the time of order confirmation, on the payment page.

The Buyer is informed before confirming their order of the available delivery methods for the Product ordered, as well as an estimated delivery time and the corresponding costs for each method.

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

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

10.4 Delivery times:

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

FRENCH MUSH cannot be held liable for exceeding this estimated time, as it is dependent on the transport providers’ delivery schedules. No reimbursement or compensation can be claimed on these grounds, unless otherwise stipulated by law or in case of proven fault by 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 shipping date, a new Product may be re-shipped to the Buyer, subject to prior analysis of the case and express validation by the FRENCH MUSH team.

In the case of multiple items ordered, FRENCH MUSH reserves the right to split shipments. In such a case, delivery fees will only be charged once.

10.5 Delivery failure, parcel return, claims, and associated fees:

10.5.1 Non-pickup, delivery refusal, or incorrect address:

For delivery to pick-up points, the Buyer must collect the parcel within the timeframe indicated by the carrier. Otherwise, the parcel will be automatically returned to FRENCH MUSH.

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

In these situations:

• The Buyer must contact customer service to request either 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 euros and ninety cents (€6.90) corresponding to the incurred logistics costs.

The Buyer has a period of twenty (20) calendar days from the parcel’s return to FRENCH MUSH to contact customer service.
Beyond this period, the order may be considered abandoned and will not be eligible for any refund or re-shipment, except by exceptional decision at FRENCH MUSH's discretion.

10.5.2 Parcel marked as delivered but not received:

If a parcel 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 stated delivery date to contact customer service.

Beyond this period, no claim can be considered.

10.5.3 Missing, damaged, or non-conforming product:

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

The claim must include supporting photos proving the non-conformity, specifically:

• A photo of the outside of the parcel (with visible packaging),

• A photo of the inside of the parcel,

• A photo of the shipping label,

• A photo of any visible damage, if applicable,

• And a photo of the label affixed to the concerned product, to identify the Product(s) involved.

After this 4-business-day period, FRENCH MUSH does not guarantee the processing of the claim, as claims with carriers may no longer be possible. Any late request may still be reviewed on a case-by-case basis, but this does not constitute an obligation for FRENCH MUSH.

14. Responsibility of FRENCH MUSH:

14.1 Responsibility 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 any dietary supplement. FRENCH MUSH makes no warranty regarding the suitability of the Products for the specific needs, expectations, or constraints of the Buyer. It shall not be held liable for damages resulting from the use of the Products that is not in accordance with the recommendations or their intended purpose, and which is not directly caused by a defect.

14.2 Responsibility related to the execution of sales contracts:

FRENCH MUSH shall not be held liable for the 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 French Civil Code. It is expressly specified that, in addition to those usually recognized by French case law, the following are considered cases of force majeure: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruptions or breakdowns in telecommunications networks, transport systems or postal services including those caused by strikes, damages caused by viruses for which existing market security solutions cannot provide eradication, as well as any legal or regulatory obligations or public order requirements imposed by competent authorities that would substantially modify the General Terms and Conditions. FRENCH MUSH shall not be held liable for any failure or delay in delivery due to the inaccuracy or imprecision of the delivery address provided by the Buyer pursuant to the “Delivery” article. In such cases, any additional delivery costs shall be charged to the Buyer.

14.3 Responsibility related to access to the Site:

FRENCH MUSH undertakes to regularly check the operation and accessibility of the Site. To this end, FRENCH MUSH reserves the right to temporarily suspend access to the Site for maintenance purposes. Likewise, FRENCH MUSH cannot be held liable for temporary difficulties or impossibilities in accessing the Site caused by circumstances beyond its control, force majeure as defined above, or disruptions in telecommunications networks. In any event, FRENCH MUSH’s liability is expressly limited to proven direct damages suffered by the Buyer, excluding any indirect or intangible damages, such as loss of opportunity, revenue, or operations.

15. Intellectual Property:

The Site, systems, software, structures, infrastructures, databases, and all types of content (texts, images, visuals, music, logos, trademarks, databases, etc.) used by FRENCH MUSH on the Site are protected by all applicable intellectual property rights or database producer rights. Any disassembly, decompilation, decoding, extraction, reuse, copying, and more generally, any act of reproduction, representation, distribution, or use of any of these elements, in whole or in part, without the prior authorization of FRENCH MUSH is strictly prohibited and may result in legal action.

16. Personal Data:

FRENCH MUSH has a personal data protection policy, the features of which are described in the document titled “Privacy Policy,” which the Buyer is expressly invited to review.

17. Advertising:

FRENCH MUSH reserves the right to insert any advertising or promotional messages on any page of the Site and in any communications with Buyers, in a format and under conditions solely determined by FRENCH MUSH.

18. Prohibited Conduct:

The following are strictly prohibited: (i) any behavior that may interrupt, suspend, slow down, or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into FRENCH MUSH’s systems, (iii) any misuse of the Site’s system resources, (iv) any actions that place a disproportionate load on the Site’s infrastructure, (v) any breach of security and authentication measures, (vi) any acts that infringe upon the financial, commercial, or moral rights and interests of FRENCH MUSH or the Site’s users, (vii) any misuse of the Site for purposes other than those for which it was designed, and more generally, (viii) any violation of the General Terms and Conditions or applicable laws and regulations. Likewise, it is strictly forbidden to sell, rent, or sublicense access to the Site or the information it contains. Any commercial exploitation of the Products by Buyers is prohibited, including any resale or paid distribution. In the event of a breach of any of the provisions of this article or, more generally, a violation of laws and regulations, FRENCH MUSH reserves the right to take all appropriate measures and initiate legal proceedings.

19. Account and Personal Data Deletion:

The Buyer may request the deletion of their account at any time by contacting FRENCH MUSH at the address listed at the beginning of these General Terms and Conditions. Account deletion is only possible if there are no ongoing deliveries, active subscriptions, or pending disputes. Otherwise, the request may be suspended until such issues are resolved. Deleting the account results in the deactivation of access to the customer account and the deletion of associated personal data, in compliance with the General Data Protection Regulation (GDPR). The data concerned includes: name, postal address, email address, IP address, payment information (such as full or partial credit card numbers, if stored), and any other data that may directly or indirectly identify the Client. The effective deletion of data will occur within a maximum of one hundred forty-five (145) days from the request. During this period, the Buyer may request the cancellation of the deletion process. After this period, the deletion is irreversible, and the data cannot be recovered. Some data may, however, be retained beyond this period if required by a legal or regulatory obligation. For more information, the Client is invited to refer to Article 14 “Personal Data” and the “Privacy Policy” document available on the Site.

20. Modifications:

FRENCH MUSH reserves the right to modify these General Terms and Conditions of Sale at any time. The applicable Terms and Conditions are those in force on the date the Buyer places the order. Subsequent modifications shall not apply retroactively to previously placed orders.

21. Language:

In the event of a translation of the General Terms and Conditions into one or more languages, the French language version shall prevail in the event of contradiction or dispute regarding the meaning of a term or provision.

22. Mediation:

In accordance with Articles L.611-1 et seq. and R.152-1 et seq. of the French Consumer Code, the Buyer has the right to refer the matter to a consumer mediator free of charge for the amicable resolution of a dispute with French Mush, provided that no prior attempt to resolve the dispute directly with customer service has succeeded. Mediation may only be initiated after a written complaint has been sent to French Mush, either by post or electronically. In this regard, the Buyer may refer to the following consumer mediator: Consumer Mediation Center of Justice Conciliators (CM2C), Address: 14 rue Saint Jean, 75017 Paris, Phone: 06 09 20 48 86, Website: www.cm2c.net

23. Applicable Law:

These General Terms and Conditions are governed by French law.