Terms of sale

Article 1 — Purpose and scope

1.1. These terms of sale (“Terms”) govern distance sales concluded through the website https://metabolis.chtara.com (the “Site”) between [to be completed: Company name or name of the sole trader (LEGAL_COMPANY_NAME)], [to be completed: Legal form (LEGAL_FORM)], NIF [to be completed: NIF (LEGAL_NIF)], domiciled at [to be completed: Street of the business address (LEGAL_ADDRESS_STREET)], [to be completed: Postal code (LEGAL_ADDRESS_POSTAL_CODE)] [to be completed: Town (LEGAL_ADDRESS_CITY)] ([to be completed: Province (LEGAL_ADDRESS_PROVINCE)]), Spain (“Metabolis”, “we”) and any adult natural person acting for non-professional purposes (the “Client”), relating to:

• nutritional support programmes (“Programmes”);
• additional nutrition advice sessions by video (“Sessions”);
• paid digital guides (“E-books”).

1.2. The Terms are available at any time on the Site and can be downloaded and printed. The applicable version is the one in force at the time of the order.

1.3. Use of the Site and the client area is also governed by the Terms of use. In case of contradiction, these Terms prevail as regards the sale.

Article 2 — Identity and contact

Customer service: [to be completed: Customer service e-mail (LEGAL_CONTACT_EMAIL)] — [to be completed: Customer service phone (LEGAL_CONTACT_PHONE)] — [to be completed: Street of the business address (LEGAL_ADDRESS_STREET)], [to be completed: Postal code (LEGAL_ADDRESS_POSTAL_CODE)] [to be completed: Town (LEGAL_ADDRESS_CITY)] ([to be completed: Province (LEGAL_ADDRESS_PROVINCE)]), Spain. Full details: Legal notice.

Article 3 — Nature of the services and health disclaimer

3.1. Support is provided by [to be completed: Name of the practitioner (LEGAL_PRACTITIONER_NAME)], [to be completed: Practitioner title and degree (LEGAL_PRACTITIONER_TITLE)], specialised in nutrition, who works in nutrition advice. This activity is not a regulated health profession, in Spain or in France.

3.2. Metabolis services are nutrition advice services: they are neither a diagnosis, nor a treatment, nor a medical act, and the support does not replace medical advice or medical follow-up; consult your doctor. They must not lead to stopping or changing a prescribed treatment without the opinion of the prescribing doctor. A Client with a medical condition (in particular diabetes, kidney, cardiovascular or thyroid disease, eating disorder), who is pregnant, breastfeeding or followed for infertility informs their doctor of their approach.

3.3. Metabolis uses all reasonable means to offer support suited to the information provided by the Client. Results (weight change, fertility, menopause comfort…) depend on many individual factors, including medical ones: no result is promised. Testimonials published on the Site reflect individual experiences.

3.4. The quality of the support depends on the accuracy and updating of the information provided by the Client (questionnaire, allergies, current treatments). The Client reports any change without delay (new condition, new treatment, pregnancy, allergy).

3.5. Metabolis may refuse or stop support when the Client’s situation clearly calls for urgent or specialised medical follow-up; the Client is then referred to their doctor and refunded for the services not performed.

Article 4 — Description of the offers

4.1. Programmes. Support lasting the number of months stated in the chosen offer before payment, including, as described at the time of the order: initial questionnaire, personalised calculation of needs, adaptable personalised menus, access to the client area and its tools, messaging with the nutrition advisor and nutrition advice sessions by video. Each Programme includes one session credit per programme month, plus one session offered in the first month. The duration runs from the payment confirmation.

4.2. End of the Programme. At the end of the purchased duration, booking new sessions is closed; menus, PDF documents and history remain available; messaging stays open 30 days after the end, then becomes read-only. A reminder is sent 14 days before the end and on the end day. The Client may buy a new Programme to continue.

4.3. Couple offer. Where the offer allows it, two people may subscribe together at a preferential price. The person ordering invites their partner by e-mail; each member has their own account, questionnaire and support, and individually benefits from all the rights set out herein, including the right of withdrawal.

4.4. Additional Sessions. A Client with a current Programme may buy an additional Session from the client area once their session credits are used up, at the price shown before payment. The Session is booked during the Programme.

4.5. E-books. PDF digital guides, delivered immediately after payment: download from the confirmation page, link sent by e-mail and valid 30 days (a new link can be requested with the purchase e-mail address) and, for a Client with an account, the “My e-books” section. Requirements: a device with a recent browser or a PDF reader. E-books are protected by copyright and licensed for personal use; they may not be resold, shared or distributed.

Article 5 — Prices

5.1. Prices are stated in euros, all taxes included (VAT/IVA included). Programmes and Sessions are subject to Spanish value added tax (IVA) at 21%, included in the price. E-books are subject to Spanish VAT (IVA) at 4%, included in the price. The rate applied appears on the invoice. Prices are those shown on the Site when the order is validated. No additional fee is charged.

5.2. Discounts (in particular the couple offer) are calculated and applied automatically by the Site; the final amount is shown in the summary before payment.

5.3. Metabolis may change its prices at any time; services are invoiced at the price in force when ordered.

Article 6 — Order

6.1. Steps: (1) choice of the offer and, for a Programme, of the duration and, where applicable, the couple option; (2) entry of the requested information (the Client may give a billing address, shown on the invoice); (3) summary of the order and total price, with the possibility of correcting any error; (4) acceptance of the Terms of Sale (and, for a Programme, of the Terms of Use) by ticking the box provided, then: for a Programme, express request for an immediate start before the end of the withdrawal period (article 9.2); for a Session, request for performance before the end of that period (article 9.3); for an E-book, request for immediate access with express waiver of the right of withdrawal (article 9.4); (5) redirection to Stripe’s secure payment page; (6) click on the “Pay” button, which constitutes an order with an obligation to pay; (7) confirmation of the order by e-mail, on a durable medium.

6.2. The contract is concluded when Stripe confirms the payment. It is drawn up in French; an English translation is provided for information and, in case of discrepancy, the French version prevails.

6.3. Metabolis keeps proof of the order and of the acceptance of the conditions for 10 years (article L. 213-1 of the French Consumer Code and article 28 of the LSSI-CE); the Client may access it on request at [to be completed: Customer service e-mail (LEGAL_CONTACT_EMAIL)].

6.4. Metabolis may refuse an order in the event of an unresolved prior payment dispute or when the chosen offer is incompatible with the information provided; the Client is informed and not charged.

Article 7 — Payment

7.1. Payment is made in one instalment, when ordering, by bank card or any other means offered on the Stripe page. There is no subscription and no automatic renewal.

7.2. Payment data is processed exclusively by Stripe, an authorised payment service provider; Metabolis never has access to it.

7.3. Access to the client area and to the services opens only after the payment is confirmed.

7.4. An invoice compliant with Spanish regulations (Real Decreto 1619/2012) is made available in the client area.

Article 8 — Performance

8.1. Programmes. The client area is activated as soon as the payment is confirmed. The Client completes their questionnaire; the nutrition advisor analyses the answers, prepares and validates the menus and supports the Client through the messaging and sessions.

8.2. Sessions. Sessions are booked from the client area among the proposed slots; a credit is used only once the Session has taken place. The connection link is provided in the client area and a reminder is sent within the 24 hours before the Session. The Client ensures they have a suitable connection and equipment and are in a place that keeps the exchange confidential. Sessions are not recorded, except with the express agreement of both parties.

8.3. Cancellation and absence. A booking request not yet confirmed can be cancelled from the client area. A confirmed appointment can be cancelled or moved free of charge by telling the nutrition advisor through the messaging at least 24 hours before it starts. In case of unexcused absence or later cancellation, the Session may be considered used, except in case of force majeure or a justified compelling reason (in particular health reasons). If Metabolis cancels a Session, it is rescheduled free of charge or, failing agreement on a new date, the credit is returned or the Session refunded.

8.4. E-books. Access is provided immediately after the payment is confirmed.

8.5. Unavailability of the nutrition advisor. If the nutrition advisor is unavailable for a prolonged period, Metabolis informs the Client and, at the Client’s choice, extends the Programme by an equivalent period or refunds the share of services not performed.

Article 9 — Right of withdrawal

9.1. Principle. In accordance with articles L. 221-18 et seq. of the French Consumer Code and, for Clients residing in another Member State, the equivalent provisions of the law of their country of residence (in Spain, articles 102 et seq. of the consolidated text of the General Law for the Defence of Consumers and Users), the Client has fourteen (14) days to withdraw, without giving reasons and without bearing costs other than those set out below. This period runs from the day the contract is concluded (article 6.2).

9.2. Programmes. Where the Client has expressly asked for their support to start before the end of the withdrawal period, if they withdraw they remain liable for an amount proportionate to what was provided until they communicated their decision (article L. 221-25 of the French Consumer Code): total price paid × number of days elapsed since payment confirmation ÷ total number of days of the Programme, never exceeding the price paid. Without such an express request, withdrawal gives rise to a full refund. Withdrawal ends access to the Programme services on the date Metabolis receives it.

9.3. Additional Sessions. A Session not yet held may be withdrawn from within the period: the corresponding credit is removed and the price refunded. In accordance with article L. 221-28, 1° of the French Consumer Code, the right of withdrawal can no longer be exercised for a Session fully performed before the end of the period where the Client expressly asked for it to be performed before the end of that period and acknowledged losing their right once the Session has taken place.

9.4. E-books. In accordance with article L. 221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not supplied on a tangible medium whose performance has begun after the Client’s prior express consent and express waiver of their right of withdrawal. As the E-book is delivered upon payment, it can only be ordered by ticking the box by which the Client requests immediate access and expressly waives their right of withdrawal; this dated agreement is repeated in the confirmation e-mail.

9.5. How to withdraw. To exercise this right, the Client notifies their decision before the period expires: through the online withdrawal function "Withdraw from the contract here", available from their client area ("Profile", then "View my invoices") and from the "Withdrawal form" page of the Site, or by any unambiguous statement sent by e-mail to [to be completed: E-mail receiving withdrawals (LEGAL_WITHDRAWAL_EMAIL)] or by post to [to be completed: Street of the business address (LEGAL_ADDRESS_STREET)], [to be completed: Postal code (LEGAL_ADDRESS_POSTAL_CODE)] [to be completed: Town (LEGAL_ADDRESS_CITY)] ([to be completed: Province (LEGAL_ADDRESS_PROVINCE)]), Spain, using if they wish the model withdrawal form (optional). Metabolis acknowledges receipt without delay on a durable medium (e-mail), with the date and time of the notification.

9.6. Refund. Metabolis refunds all sums paid, less where applicable the amount set out in article 9.2, no later than fourteen (14) days from receipt of the withdrawal decision, using the same means of payment as for the order (refund issued through Stripe), unless the Client expressly agrees to another means, and at no cost to the Client. Access to the corresponding services ends as soon as the withdrawal is received, whatever the amount refunded.

9.7. Couple offer. Each member of the couple may withdraw for their own share, equal to the total price paid divided by the number of members; the amount set out in article 9.2 is computed on that share, the refund is paid to the payment method used for the order, only that member’s access ends and the remaining member keeps theirs without owing any additional amount. As long as the partner has not activated their account, the person who placed the order exercises the right of withdrawal for the whole order: the amount of article 9.2 is then computed on the total price.

Article 10 — Stopping at the Client’s initiative after the withdrawal period

10.1. The price of a Programme is a global, fixed price for the chosen duration. After the withdrawal period, stopping the Programme for personal convenience does not give rise to a refund.

10.2. However, where the Client proves a legitimate and serious reason permanently preventing them from continuing the support (in particular a certified medical reason, hospitalisation), they obtain a refund of the share of the price corresponding to the remaining period, calculated pro rata temporis (price paid × number of days remaining ÷ total number of days of the Programme). Access to the Programme ends on the date of the interruption.

10.3. Withdrawing consent to the processing of health data (see the Privacy policy) makes it impossible to continue the personalised support; it is treated as a legitimate reason within the meaning of article 10.2.

Article 11 — Termination for breach

11.1. In the event of a serious breach by Metabolis of its obligations, the Client may terminate the contract under ordinary law (articles 1224 et seq. of the French Civil Code) and obtain a refund of the services not performed, without prejudice to damages.

11.2. In the event of a serious breach by the Client of the Terms of use (in particular insulting or threatening remarks towards the nutrition advisor, sharing their access or distributing the content), Metabolis may, after a formal notice that remains unheeded for eight (8) days, except in an emergency or particularly serious case, suspend and then terminate access; the Client is then refunded the share of services not performed.

Article 12 — Legal guarantees

12.1. For Clients residing in France, E-books (one-off supply of digital content) and the client area (continuous supply of a digital service during the Programme) benefit from the legal guarantee of conformity of digital content and services (articles L. 224-25-1 et seq. of the French Consumer Code) and from the legal guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code); Clients residing in another Member State benefit from the equivalent legal guarantees of their country of residence (in Spain, articles 114 et seq. of the consolidated text mentioned above). Metabolis offers no commercial guarantee. To use these guarantees: [to be completed: Customer service e-mail (LEGAL_CONTACT_EMAIL)].

12.2. Mandatory legal information (article D. 211-2 of the French Consumer Code, from decree no. 2022-424 of 25 March 2022; translation, the French text prevails):

The consumer has two years from the supply of the digital content or digital service to obtain the application of the legal guarantee of conformity if a lack of conformity appears. For one year from the date of supply, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

Where the contract provides for the continuous supply of the digital content or digital service over a given period, the guarantee period is at least equal to that period. During that period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the trader, where applicable, to supply all updates needed to keep the digital content or digital service in conformity.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may end the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:

• the trader refuses to bring the digital content or digital service into conformity;
• bringing the digital content or digital service into conformity is unduly delayed;
• bringing the digital content or digital service into conformity cannot be done without costs imposed on the consumer;
• bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
• the lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to first request that the digital content or digital service be brought into conformity.

Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee until the digital content or digital service is supplied in conformity again.

These rights result from articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A trader who in bad faith obstructs the application of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving it up.

Article 13 — Liability

13.1. Metabolis is liable for the proper performance of its contractual obligations under ordinary law. It is not liable where non-performance or poor performance is attributable to the Client (in particular inaccurate, incomplete or outdated information about their health, allergies or current treatments), to the unforeseeable and insurmountable act of a third party, or to force majeure within the meaning of article 1218 of the French Civil Code.

13.2. Metabolis strives to keep the Site available and informs the Client, as far as possible, of maintenance operations; it is not liable for failures of the internet network or of the Client’s equipment beyond its control.

13.3. Nothing herein limits the liability of Metabolis for personal injury, gross negligence or wilful misconduct, nor the rights the Client holds under the mandatory provisions of the French Consumer Code.

Article 14 — Intellectual property

The menus, recipes, guides, E-books, texts and tools provided remain the property of Metabolis or their authors. The Client has a personal, non-exclusive and non-transferable right of use. Any distribution, resale or making available to third parties is prohibited.

Article 15 — Personal data

The Client’s data is processed in accordance with the Privacy policy. Health data is processed only with the Client’s explicit consent.

Article 16 — Complaints and dispute resolution

16.1. Any complaint is sent to [to be completed: Customer service e-mail (LEGAL_CONTACT_EMAIL)] or by post to [to be completed: Street of the business address (LEGAL_ADDRESS_STREET)], [to be completed: Postal code (LEGAL_ADDRESS_POSTAL_CODE)] [to be completed: Town (LEGAL_ADDRESS_CITY)] ([to be completed: Province (LEGAL_ADDRESS_PROVINCE)]), Spain. Metabolis answers within one month at the latest.

16.2. If a dispute is not resolved by a prior written complaint, the Client may use, free of charge, [to be completed: Name of the mediator or dispute resolution body (MEDIATOR_NAME)], [to be completed: Address of the dispute resolution body (MEDIATOR_ADDRESS)], [to be completed: Website of the dispute resolution body (MEDIATOR_URL)], a consumer mediation body that Metabolis has joined and whose intervention it accepts. The Client must refer the matter to it within one year of their written complaint. This procedure is optional.

16.3. A consumer residing in a Member State other than Spain can get free help from the European Consumer Centre of their country (in France: www.europe-consommateurs.eu).

Article 17 — Governing law and jurisdiction

17.1. These Terms are governed by French law. In accordance with article 6 of Regulation (EC) no. 593/2008 (“Rome I”), this choice does not deprive the Client of the protection granted by the mandatory provisions of the law of their country of habitual residence: where those provisions are more favourable, they apply.

17.2. Failing an amicable settlement, and in accordance with articles 17 to 19 of Regulation (EU) no. 1215/2012, the Client may bring proceedings either before the courts of the Member State where they are domiciled or before the courts of Spain; Metabolis may bring proceedings against the Client only before the courts of the Member State of the Client’s domicile. For a cross-border dispute not exceeding €5,000, the Client may use the European Small Claims Procedure (Regulation (EC) no. 861/2007).

Article 18 — Changes to the Terms

Metabolis may change these Terms for the future. Orders remain governed by the version in force when they were placed.

Appendix: model withdrawal form (“Withdrawal form” page).