Terms of Use

The general terms of use and sale apply exclusively to the current and future business relations between NUTRITION PERFORMANCE GmbH (“We”) and the purchaser (“You”).

Any condition that does not comply with our general conditions and that you may formulate will be rejected, unless we have expressly and in writing acknowledged its applicability.

We may modify these general terms and conditions of sale at any time, provided that such modifications appear on our website.

These terms and conditions are intended to define the sales modalities between NUTRITION PERFORMANCE GmbH and the user, from the order to the services, including payment and delivery. These general terms and conditions of sale are systematically brought to the attention of each purchaser to enable them to place an order on this website, to the exclusion of all other conditions.

1 | ORDERS

The user may place orders:

By mail:
NUTRITION PERFORMANCE GmbH
Im Bahnwörtel 11,
D-77866 Rheinau
Germany

By phone (French number): +33 6 32 68 45 90

By email: serviceclient@nutrition-outlet.org

Via the website: on this site

The company undertakes to fulfill orders received through the website only within the limits of available stock. In the event of unavailability, our customer service undertakes to inform the user as quickly as possible, in order to offer a replacement product or a refund. If a product is no longer manufactured or is unavailable for more than one month, its product page will be removed from the site.

Nutrition-Outlet undertakes to accept your order under the terms of these general conditions of sale. By confirming your order, you accept the entirety of these conditions, which are made available on the site, and acknowledge full knowledge thereof, thereby waiving the right to rely on any contradictory document, in particular your own general purchasing conditions. The confirmation as well as all data we have recorded will serve as proof of our transactions.

2 | PRICES / PRODUCTS

Prices are indicated in euros including all taxes (excluding shipping costs).

All product, service and delivery offers, at the prices indicated in euros, are valid only in mainland France and subject to available stock. The prices indicated include French VAT (5.5%).

Products are described and presented with the utmost accuracy.

3 | PAYMENT

You may choose among the following payment methods:

  • Credit card payment (via Stripe)

  • PayPal payment

The goods supplied remain our property until full payment of the price. This retention of title does not prevent the transfer of risks, which shall pass to the carrier from the moment the goods leave our premises.

4 | DELIVERY

Unless otherwise specified, delivery will be made to the address provided at the time of order. Risks are borne by the carrier from the date on which the products leave our premises. For payment by bank transfer, the order will only be processed once payment has been received.

Shipment = order preparation time
Transport = delivery time
Delivery time = Shipment + Transport

Ordered products are delivered to the address you provide.

Delivery times:

  • To France: within 2–5 business days with La Poste or next day with Chronopost.

  • To Belgium, Luxembourg, Spain, Portugal: within 2–5 business days with La Poste or 2–4 days with Chronopost.

Please note: If you make a mistake in the postal code, street number, or if the name indicated on the delivery address does not appear on the mailbox, your package cannot be delivered. In case of return to our center, you will have to pay the shipping costs again for re-dispatch.

Delivery times are indicative only: in case of delay, no shipping costs will be refunded.

5 | ORDER ERRORS

We undertake to refund or exchange, after return, products that do not match your order in the event of a preparation error.

Any claim concerning an order error (missing product, wrong product, etc.) must be made within a maximum of 7 calendar days from receipt of the package. After this period, no claim will be accepted.

Only the price of the product(s) concerned will be refunded. The shipping costs stated on the invoice remain your responsibility.

In case of an error on your part, an exchange or credit may be issued after return of the products. No refund will be made, and reshipping costs remain your responsibility.

We do not accept claims concerning free products offered as gifts.

In the event of an obvious pricing error on the site (notably due to a technical bug resulting in an incorrect or free price), we reserve the right to cancel the order. In such case, we will offer you an alternative or a refund.

6 | LIABILITY

Nutrition-Outlet is only bound by an obligation of means for all stages of accessing the site, the ordering process, delivery or subsequent services. Nutrition-Outlet cannot be held liable for any inconveniences or damages inherent to the use of the Internet, notably service interruption, external intrusion, presence of computer viruses, or any event qualified as force majeure in accordance with case law.

Furthermore, Nutrition-Outlet cannot be held responsible for non-performance of the contract in the event of stock shortage, product unavailability, force majeure, total or partial strikes (notably postal services and transport/communication means), floods or fires.

The photographs illustrating the products are non-contractual. Consequently, Nutrition-Outlet cannot be held liable for errors in any of these photographs.

GENERAL TERMS AND CONDITIONS OF SALE (B2B)

Concerning business relations between Nutrition Outlet GmbH (hereinafter “Nutrition”) and each client, the following general conditions are valid exclusively at the time of order. These general conditions apply to all orders placed by the buyer. These conditions prevail over any other document from the buyer, in particular any general purchasing conditions, except where specific conditions have been agreed by the seller.

1 | Invalid Clauses

Any provisions of these general conditions that conflict with mandatory law shall be deemed unwritten.

2 | Orders

An order means any purchase order, accompanied by the payment of a deposit. Every order must be confirmed by a purchase order accepted by the seller. For the first order, the buyer must provide bank account details.

Orders are processed upon receipt and validation by the seller. Any request for modification or cancellation by the buyer cannot be considered.

Orders do not entail any transfer of intellectual property rights to the buyer.

Contract conclusion
Any order placed with Nutrition or its partner companies constitutes an offer to contract.

A sales contract is concluded once the potential partner has delivered the ordered product(s) to the client. However, delivery must be accompanied by a shipping declaration in the form of a delivery confirmation, and the order remains non-binding until then. Products from the same order that do not appear in the delivery confirmation cannot constitute part of a sales contract.

3 | Place of Delivery

Products available on the e-commerce site can only be delivered to mainland France, Corsica, Belgium, and Luxembourg.

Delivery takes place at the address indicated by the client on the order.

4 | Transfer of Risks

Risk is transferred upon handover to the carrier (private carrier, GLS, DPD or La Poste).

5 | Receipt – Verification

The buyer must verify the goods upon receipt.

Without prejudice to actions against the carrier, any claim for apparent defects or non-conformity must be made to the seller within three (3) days of receipt.

6 | Prices – Invoicing

Prices, including discounts where applicable, are indicated in EUR. The seller reserves the right to modify prices at any time, but orders are invoiced at the rate in effect on the day of order. Prices are net of all taxes, duties or contributions payable under German law, EU provisions, or those of the importing or transit country. Invoices are sent to the address provided on the order.

7 | Payment – Cash – Discounts – Penalties for Late Payment – Termination

Price is payable by:

  • Credit card

  • Bank transfer in advance (see terms of use)

  • PayPal

Payment is deemed completed when the funds are credited to the seller’s account. The mere delivery of a payment instrument does not constitute settlement; only actual collection is considered payment.

If the seller has reason to fear payment difficulties from the buyer, either at the time of order or thereafter, or if the buyer’s creditworthiness has diminished, the seller may make acceptance or continuation of the order subject to immediate payment or sufficient guarantees.

Any sum unpaid at the due date shall bear penalties set at 1.5 times the legal interest rate. In addition, the seller may refuse to execute current and/or future orders.

8 | Retention of Title

Ownership passes only upon full payment of the principal and ancillary amounts. Until then:

  • In case of seizure or intervention by third parties, the buyer must inform the seller immediately.

  • The buyer may not pledge or transfer ownership of the goods as security.

  • In case of transformation or modification of the goods, the buyer must immediately pay the remaining balance.

  • In case of resale, the buyer must inform the sub-purchaser of the retention of title and allocate proceeds of the resale to settle the debt to the seller.

9 | Liability

The seller cannot be held liable if non-performance or improper performance is due to the buyer, a third party, or force majeure. The seller is not liable for indirect damages.

No claim for apparent defects or non-conformity may be brought after three (3) days from receipt. Within this period, the seller’s sole obligation is replacement free of charge. No damages or price reductions can be claimed.

10 | Waiver

Failure by the seller to enforce any provision shall not be deemed a waiver of its rights.

11 | Disclaimer of Warranties and Liabilities

All comments or statements made by Nutrition regarding its products have not been evaluated or confirmed by the FDA (U.S. Food and Drug Administration) or other national authorities. They are based on studies, scientific literature, or other information sources. They are for informational purposes only. No warranty or liability is assumed in case of issues arising from consumption or use in advertising, catalogs, publications, etc.

Nutrition products are not intended to diagnose, prevent or treat diseases or other non-physiological conditions. They are not medicines. If you have any illness, are under medical treatment, pregnant, or breastfeeding, seek medical advice before use.

The buyer/distributor remains fully responsible in their own country for compliance with applicable legislation regarding import, sale, or advertising.

Important notice:
If Nutrition and/or its partners are informed that certain products are prohibited or restricted in a given country, clients will be informed, without any liability assumed by Nutrition. Each client remains solely responsible for compliance with applicable laws in their country.

The buyer acknowledges that, given the variety of national regulations, disputes may exist regarding these products. In some countries, authorities may classify them as medicines or unauthorized foodstuffs.

12 | Governing Law and Jurisdiction

All disputes arising from or relating to orders shall be governed by German law.

In the absence of amicable resolution, exclusive jurisdiction is vested in the competent court of Saarbrücken, notwithstanding multiple defendants or third-party claims, even in urgent or protective proceedings.