General Terms and Conditions of Sale

Nutrition Outlet — nutrition-outlet.org — Version in force as of 01/06/2026 — supersedes all prior versions

Preamble

These General Terms and Conditions of Sale (hereinafter the "GTC") govern exclusively the contractual relationship between:

NUTRITION PERFORMANCE GmbH, a company incorporated under German law, whose registered office is located at Im Bahnwörtel 11, D-77866 Rheinau (Germany), registered in the Commercial Register of the Local Court of Freiburg (Registergericht Freiburg) under number HRB 730077, VAT identification number DE366117291, represented by its Managing Director Mr. Marc Glaiser (hereinafter the "Seller", "Nutrition Outlet" or "We"),

and any natural person making a purchase on the website www.nutrition-outlet.org (hereinafter the "Customer" or "You").

Any order placed on the website implies unreserved acceptance of these GTC, to the exclusion of any other document, in particular any purchasing terms of the Customer. The Customer acknowledges having read them before validating their order.

The Seller reserves the right to amend these GTC at any time. The applicable GTC are those in force on the date of the order.

Article 1 — Purpose and Scope

The purpose of these GTC is to define the rights and obligations of the parties in connection with the online sale of food supplements, dietetic products and sports accessories (hereinafter the "Products") offered by Nutrition Outlet.

The Products are offered for sale in mainland France, Belgium, Luxembourg, and in the other countries indicated during the ordering process on the website.

These GTC are addressed exclusively to consumers within the meaning of § 13 BGB, meaning natural persons acting for purposes that fall outside the scope of their commercial activity or independent professional activity, purchasing the Products for their personal use. Any order placed for the purpose of resale or commercial distribution, or by an entrepreneur within the meaning of § 14 BGB acting for the needs of its activity, is subject to separate commercial terms to be requested from the Seller, and not to these GTC.

The purchase of Products on the website is reserved for persons of legal age (18 years or older) having full legal capacity to contract. A minor may only place an order with the prior authorisation of their legal representative, who remains solely responsible for the purchase and for the use made of the Products by the minor.

Article 2 — Information about the Seller

Company name NUTRITION PERFORMANCE GmbH
Registered office address Im Bahnwörtel 11, D-77866 Rheinau, Germany
Commercial Register Local Court of Freiburg — HRB 730077
VAT identification number DE366117291
Managing Director Marc Glaiser
Telephone (French line) 06 32 68 45 90 — Monday to Saturday, 8:00 a.m. to 6:00 p.m.
E-mail serviceclient@nutrition-outlet.org

Article 3 — Products and Information on Food Supplements

3.1 Product description

The Products are presented on the website with the greatest possible accuracy (photographs, descriptions, nutritional values, ingredient lists). The photographs illustrating the Products have no contractual value; in the event of a difference between the photograph and the technical data sheet, the latter shall prevail.

The regulatory information (ingredients, allergens, nutritional values, servings, precautions for use) appearing on the labelling of the Product received shall prevail over any information presented on the website.

3.2 Health warnings (mandatory — Regulation (EC) No 1924/2006 and Directive 2002/46/EC)

In accordance with the regulations applicable to food supplements, the Customer is informed that:

  • food supplements must not be used as a substitute for a varied and balanced diet and a healthy lifestyle;
  • the recommended daily doses indicated on the labelling must be respected and not exceeded;
  • the Products must be kept out of the reach of young children;
  • the Products are neither medicines nor intended to diagnose, treat, cure or prevent any disease;
  • it is recommended to seek advice from a doctor or pharmacist before any consumption, in particular for pregnant or breastfeeding women, children and adolescents, and persons under medical treatment or suffering from a medical condition;
  • the nutrition and health claims appearing on the website are those authorised by the applicable European regulation at the time of publication.

This information in no way exempts the Customer from carefully reading the labelling of the Product before any consumption.

3.3 Availability

The Products are offered subject to available stock. Certain ordered Products may occasionally not be immediately available in stock at the time of the order. For this reason, an indicative delivery time of D+10 is communicated to the Customer, this period corresponding to business days, excluding Saturdays, Sundays and public holidays.

In the event of prolonged unavailability of an ordered Product beyond this period, the Seller shall inform the Customer as soon as possible and shall offer them, at their choice, either a full refund or a replacement product of equivalent quality and price.

Article 4 — Price

The prices of the Products are indicated in euros, all taxes included (incl. VAT), excluding delivery costs, which are specified before validation of the order.

The Seller reserves the right to modify its prices at any time; the Products are invoiced on the basis of the rates in force at the time the order is validated.

In the event of an obvious error in the display of a price (computer bug, input error), the Seller reserves the right to cancel the order concerned after having informed the Customer, who will be offered either a full refund or the order at the correct price if they accept it.

Article 5 — Order

Orders may only be placed directly on the website www.nutrition-outlet.org, via the ordering process made available on the website. No order may be placed by telephone, e-mail or post; these means of contact remain available for any question, complaint or request for tracking relating to an order already placed on the website.

The online ordering process allows the Customer to check the details and the total price of their order, and to correct any errors before its final validation (order summary subject to confirmation).

The sale is only considered final after:

  • the sending to the Customer of confirmation of acceptance of the order by the Seller by e-mail, and
  • actual collection by the Seller of the full price.

The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute relating to the payment of a previous order exists.

Article 6 — Customer Account

Creating a customer account on the website is not mandatory to place an order, but may be offered to the Customer in order to facilitate the tracking of their orders and loyalty benefits.

The Customer undertakes to provide accurate and up-to-date information when creating their account. They choose a personal and confidential username and password, for the safekeeping and use of which they are solely responsible. Any order placed from the Customer's account using their credentials is deemed to have been placed by them, subject to proof to the contrary of fraudulent use not attributable to the Customer.

The Customer may request the deletion of their account at any time by contacting serviceclient@nutrition-outlet.org, subject to the retention by the Seller of the data necessary to comply with its legal and accounting obligations (invoicing, warranties, fraud prevention), in accordance with Article 14 hereof.

Article 7 — Payment

Payment is due immediately upon ordering. The Customer may pay by:

  • bank card, via the secure Stripe payment platform;
  • PayPal.

These payment platforms ensure the security and encryption of the banking data transmitted; the Seller at no time has access to the Customer's full banking details.

The Products remain the property of the Seller until full payment of the price (retention of title clause within the meaning of § 449 BGB). This retention of title does not affect the transfer of risk, which takes place under the conditions of Article 8.

Article 8 — Delivery

8.1 Delivery area and address

The Products are delivered only to the countries offered during the ordering process, to the address indicated by the Customer. It is the Customer's responsibility to verify the accuracy of the information provided (address, postcode, name on the letterbox): in the event of an error attributable to them, any redelivery costs shall remain payable by them.

8.2 Time periods

The indicative delivery time is 10 business days (D+10) from the validation of the order, this period corresponding to business days excluding Saturdays, Sundays and public holidays, and including the preparation time and the transport time. This period may vary depending on the availability of the ordered Products, in accordance with Article 3.3.

In the event of a significant delay beyond this indicative period, the Customer may give the Seller formal notice to carry out the delivery within a reasonable additional period; failing performance within this period, the Customer may withdraw from the order (Rücktritt) and obtain a refund of the sums paid, in accordance with §§ 323 and 346 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, "BGB"). A mere delay does not in itself give rise to a right to reimbursement of the shipping costs, unless otherwise provided by law.

8.3 Transfer of risk

In accordance with § 475 para. 2 BGB, in a consumer sale the risk of accidental loss or accidental deterioration of the Products passes to the Customer only when the Products are handed over to the Customer or to a third party designated by them (other than the carrier). Where the Customer has themselves commissioned the carrier without the Seller having named that carrier to them, the risk passes upon handover of the Products to the carrier.

8.4 Verification on receipt

It is the Customer's responsibility to check the condition of the Products on delivery and to report any apparent anomaly (damaged parcel, missing or incorrect product) in accordance with the terms indicated on the delivery note, and to inform customer service as soon as possible in order to facilitate processing. This notification period does not have the effect of depriving the Customer of the benefit of the statutory warranty rights in respect of defects, the periods of which are set by law (Article 10 hereof).

Article 9 — Right of Withdrawal

9.1 Principle

In accordance with §§ 312g and 355 BGB, the consumer Customer has a period of 14 calendar days from receipt of the Product to exercise their right of withdrawal, without having to give any reason or bear any penalty, with the exception of the return costs.

To exercise this right, the Customer notifies their decision to withdraw by an unambiguous declaration (e-mail to serviceclient@nutrition-outlet.org, letter, or the standard withdrawal form below) before the expiry of the 14-day period.

Model withdrawal form (to be completed and returned only if you wish to withdraw from the contract)

To NUTRITION PERFORMANCE GmbH, Im Bahnwörtel 11, D-77866 Rheinau, Germany — serviceclient@nutrition-outlet.org. I hereby give notice of my withdrawal from the contract relating to order No. [•], ordered on [•] and received on [•]. Name of the consumer, address, date, signature (in the case of paper notification).

9.2 Return of the products

The Customer then has 14 days from the communication of their decision to withdraw to return the Products, at their own expense, unless otherwise indicated by the Seller. The Products must be returned as new, unopened, in their intact original packaging, complete and in perfect resalable condition. In accordance with § 357a BGB, the Customer is liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

9.3 Exception applicable to unsealed food supplements

In accordance with § 312g para. 2 no. 3 BGB, the right of withdrawal does not apply to products which, for reasons of health protection or hygiene, are not suitable for return and were unsealed by the Customer after delivery. This exception applies in particular to food supplements (powders, capsules, liquids) whose seal, security film or guarantee cap has been removed or broken. Products whose protective packaging has remained intact remain eligible for the right of withdrawal under the conditions of Article 9.1.

9.4 Refund

The Seller shall refund all sums paid, including the initial delivery costs (up to the amount of the standard delivery option offered), at the latest within 14 days from the date on which it is informed of the decision to withdraw. In accordance with § 357 para. 4 BGB, the refund may be withheld until the Products have been received back or until the Customer has provided proof of having sent them back, whichever is the earlier.

The refund is made using the same means of payment as that used for the order, unless the Customer expressly agrees to another means.

Article 10 — Statutory Liability for Defects

Irrespective of any commercial guarantee that may be granted, the Seller remains liable to the Customer under the statutory liability for defects (Mängelhaftung) on the following conditions.

10.1 Statutory liability for defects (conformity)

In application of §§ 434 and 437 et seq. BGB, the Seller delivers goods free from material and legal defects and is liable for defects existing at the time of the passing of risk. In accordance with § 438 para. 1 no. 3 BGB, claims for defects in respect of newly manufactured movable goods are subject to a limitation period of two years from delivery.

In the event of a defect, the Customer may, as supplementary performance (Nacherfüllung), request the repair or the replacement of the Product (§ 439 BGB). The Seller may refuse the type of supplementary performance chosen if it is possible only at disproportionate cost. Where supplementary performance fails, is refused or is unreasonable, the Customer may, under the statutory conditions, reduce the price (Minderung) or withdraw from the contract (Rücktritt), and may where applicable claim damages in accordance with the statutory provisions.

10.2 How to make a claim

Any claim under the statutory liability for defects should be sent to serviceclient@nutrition-outlet.org, together with proof of purchase and, if possible, photographs of the defect observed. The Seller will acknowledge receipt and inform the Customer of the procedure to follow.

This statutory liability for defects does not affect the return period provided for in Article 9 in the event of a simple withdrawal.

Article 11 — Discount Vouchers, Promotional Codes and Loyalty / Referral Programme

The Seller may offer discount vouchers, occasional promotional codes and a loyalty and referral programme, the particular conditions of which (methods of acquisition, period of validity, conditions of combination, value, considerations) are specified on the dedicated page of the website ("Loyalty points and referral") and form an integral part of these GTC.

Unless otherwise stated at the time of the offer:

  • discount vouchers and promotional codes may not be combined with one another;
  • they have no monetary refund value and cannot be converted into cash;
  • they may be used within the limit of their period of validity and the conditions specific to each offer;
  • they may be cancelled or refused by the Seller in the event of fraudulent, misused or non-compliant use.

In the event of withdrawal or refund relating to an order that benefited from a discount voucher, a promotional code or a loyalty benefit, the amount refunded corresponds to the price actually paid by the Customer, less the benefit granted where the latter cannot be returned in kind.

Article 12 — Liability

At each stage of access to the website, the ordering process, delivery or after-sales service, the Seller is bound only by an obligation of means (best-efforts obligation). Its liability cannot be engaged for damage resulting from the use of the internet network (service interruption, external intrusion, computer virus) or from an event of force majeure within the meaning of Article 13 hereof.

The information and advice disseminated on the website (product data sheets, articles in the "Advice" blog) are general and informative in nature; they do not replace personalised medical advice. The Customer remains solely responsible for the use they make of the Products, in particular for compliance with the recommended doses and compatibility with their state of health.

These limitations of liability may in no case exclude or limit the Seller's liability in the event of intent or gross negligence, in the event of injury to life, body or health, nor override the statutory liability for defects mentioned in Article 10 or the mandatory rights granted to consumers by the applicable law.

Article 13 — Force Majeure

Neither party may be held liable to the other party for the non-performance or delay in the performance of any of its obligations under these GTC where this results from an event of force majeure, meaning an event beyond the control of the debtor, which could not reasonably be foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures. In such cases, performance is governed by §§ 275 and 326 BGB.

The following are notably considered as cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, epidemics, total or partial strikes (in particular of postal or transport services), blockages of the means of transport or supply, acts of war, riots, decisions of public authorities, failures or general interruptions of telecommunications or electricity networks.

In the event of force majeure, the performance of the Seller's obligations affected by the event is suspended for its duration. If the impediment continues beyond a reasonable period, either party may withdraw from the order concerned, the Customer then being fully refunded the sums paid in respect of that order.

Article 14 — Electronic Evidence and Archiving of the Contract

The data recorded by the Seller on its computer systems (order form, e-mail exchanges, payment history) constitute evidence of the transactions carried out between the Seller and the Customer, subject to obvious error demonstrated by the Customer. Where these GTC and the contract are concluded in electronic form, §§ 126a and 126b BGB apply in respect of the electronic and text form of declarations.

The Seller retains the contract documents and the associated invoices for the duration required by the applicable statutory retention obligations, in particular under § 257 of the German Commercial Code (Handelsgesetzbuch, HGB) and § 147 of the German Fiscal Code (Abgabenordnung, AO). The Customer may request access to their order data by contacting serviceclient@nutrition-outlet.org.

Article 15 — Personal Data

The processing of the Customer's personal data is governed by the Seller's privacy and data protection policy, available in the "Data Protection" section of the website, in accordance with Regulation (EU) 2016/679 (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG).

Article 16 — Complaints and Consumer Dispute Resolution

In the event of a dispute, the Customer is invited to contact the Seller's customer service as a priority at the address serviceclient@nutrition-outlet.org in order to seek an amicable solution.

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG). Where an obligation to participate nevertheless arises, the competent general consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany — www.verbraucher-schlichter.de.

In accordance with Article 14(1) of Regulation (EU) No 524/2013, the European Commission also provides consumers with an online dispute resolution (ODR) platform, accessible at: http://ec.europa.eu/consumers/odr/

Article 17 — Applicable Law, Language of the Contract and Competent Jurisdiction

These GTC and any contract concluded on their basis are governed by German law. The mandatory consumer-protection provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB) apply, in particular §§ 312g and 355 BGB regarding the right of withdrawal and § 434 BGB regarding the conformity (material defect) of the goods delivered. In accordance with Article 6 of Regulation (EC) No 593/2008 ("Rome I"), the choice of applicable law may not have the effect of depriving the consumer Customer of the protection afforded by the mandatory provisions of the law of their country of habitual residence, where this is more favourable to them.

In the event of a dispute, and in accordance with Article 18 of Regulation (EU) No 1215/2012 ("Brussels I bis"), the consumer Customer may, at their choice, bring proceedings before the court of the place where they are domiciled or that of the place where the Seller is established. These provisions do not affect the Customer's right to bring proceedings before any other court that the law would otherwise recognise as having jurisdiction.

Article 18 — Miscellaneous Provisions

Should any of the clauses of these GTC prove to be void in the light of a rule of law in force or a court decision that has become final, it shall be deemed unwritten, without this affecting the validity of the other clauses, which shall remain applicable between the parties.

The fact that the Seller does not, at a given time, avail itself of any of these GTC cannot be interpreted as a waiver of its right to avail itself of them subsequently.

Document updated on 01/06/2026. Nutrition Outlet is a service provided by NUTRITION PERFORMANCE GmbH.