Terms and Conditions of Sale and Use
OVERVIEW
This website is operated by MNG SUPPLEMENTS. Throughout the site, the terms "we", "us" and "our" refer to MNG SUPPLEMENTS. MNG SUPPLEMENTS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale and Use.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use. Any new features or tools which are added to the current shop at a later date shall also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – TERMS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you confirm that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependant of yours to use this website. The use of our products for any unlawful or unauthorised purpose is prohibited, and you must not, in the course of using the Service, breach the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or any other code of a destructive nature. Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to any person, at any time and for any reason whatsoever. You understand that your content (excluding your credit card information) may be transferred unencrypted, and that this entails (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written authorisation. The headings used in this agreement are included for your convenience and will neither limit nor affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for general information only and should not be your sole source of information for making decisions, without first consulting more accurate, more complete and more up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk. This site may contain certain historical information. Such historical information, by its nature, is not up to date and is provided for general information only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor the changes made to our site.
Definition of the Discovery Offer
The “Discovery Offer” is a flexible monthly subscription, with no minimum term, allowing any customer to automatically receive each month the product chosen during their first order on the site.
3.5 Terms specific to the Discovery Offer
If the customer opts for the Discovery Offer at the time of their order, an identical resupply will be shipped to them every month, unless they choose to cancel or postpone their shipment no later than three (3) days before the scheduled shipping date. In this context, the seller will inform the customer by email at least three (3) days before the next delivery is shipped.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed without notice. We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time. We shall not be liable to you or to any third party for any price change, suspension or discontinuation of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES
(where applicable) Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear on our store. We cannot guarantee that your computer screen’s display of the colours will be accurate.We reserve the right, but are not obliged to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and all product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of any service or product made on this site is void where prohibited by law. We do not guarantee that the quality of any products, services, information, or other goods that you have obtained or purchased will meet your expectations, nor that any error in the Service will be corrected**.**
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or if we were to cancel it, we may attempt to notify you by contacting you at the e-mail and/or the billing address/telephone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to come from dealers, resellers or distributors. You agree to provide current, complete and accurate order and account information for all orders placed at our shop. You undertake to promptly update your account and other information, including your e-mail address, your credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary. For more details, please consult our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we exercise neither monitoring, nor control, nor influence. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third-party tools. If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the terms on which these tools are offered by the relevant third-party supplier(s). We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and new services shall also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, to take part in competitions) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that infringes any party's intellectual property or these Terms and Conditions of Sale and Use.
You undertake to write comments that do not infringe the rights of third parties, including copyright, trade marks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for any comments you post as well as for their accuracy. We assume no responsibility and accept no liability for any comments you post or that any other third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or within the Service that could contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, at any time and without prior notice (including after you have placed your order). We are under no obligation to update, amend or clarify the information in the Service or on any other associated website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any other associated website should be taken to indicate that the information in the Service or on any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in any unlawful acts; (c) to breach any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the grounds of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that could compromise the functionality or operation of the Service or of any other associated or independent website, or of the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, of any other website, or of the Internet. We reserve the right to terminate your use of the Service or of any related website for breaching any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not in any way guarantee or represent that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without giving you prior notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (save where we expressly state otherwise) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, whether express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MNG SUPPLEMENTS, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any of the other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall remain in force after the termination of this agreement for all purposes. These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable, to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you shall remain liable for all sums owed up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision. These Terms and Conditions of Sale and Use, or any other policy or operating rule that we publish on this site or in connection with the Service, constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use). Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use, as well as any separate agreement by which we provide you with Services, shall be governed by and construed in accordance with the laws in force in France
ARTICLE 19 – AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – WITHDRAWAL PERIODS
In accordance with article L.120-20 of the Consumer Code, "the consumer has a period of fourteen days to exercise their right of withdrawal without having to give reasons or pay penalties.
The right of withdrawal may be exercised by contacting customer service by email contact@mushngo.com.
ARTICLE 21 – DELIVERY
7.1 Shipping
Home deliveries are dispatched via Colissimo (without signature). We deliver to France (excluding Corsica), Belgium, Monaco, Spain, Italy, Luxembourg, Germany, the Netherlands and worldwide. Deliveries to pickup points are handled by Mondial Relay.
7.2 Parcel insurance (optional)
- €2.90 incl. VAT at checkout.
- With insurance: in the event of loss, free re-delivery to a pickup point.
- Without insurance: no re-delivery or refund will be made by us; it is up to the customer to file a claim with Colissimo.
7.3 Lead times
The lead times shown on the website are provided for guidance only.
During periods of high demand (sales, promotional operations, holidays, etc.), processing times may be extended.
Under no circumstances may a delivery delay justify a claim for compensation or cancellation, save for any mandatory provision laid down by law.
In the event of a delay exceeding 30 working days, you may request cancellation of the order in accordance with article L.216-2 of the Consumer Code.
ARTICLE 22 – CONTACT DETAILS
Questions about the Terms and Conditions of Sale and Use should be sent to us at contact@mushngo.com.
