KUNTO TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale supplement the Legal Notice and the General Terms and Conditions of Use (https://kunto.fr/cgu/) and the Privacy Policy (https://kunto.fr/privacy).

ARTICLE 1 – PURPOSE AND GENERAL PROVISIONS

The application named «KUNTO» (hereinafter referred to as «the Application») is a computer application allowing its members (hereinafter referred to as «the Buyers») to benefit from customized sports and nutritional programs (hereinafter referred to as «the Services»), access to which is offered for sale on the website www.kunto.fr (hereinafter referred to as «the Site») and on application download platforms (for example Apple Store and Google Play) (hereinafter referred to as «the Platforms») by the company KUNTO (hereinafter referred to as «the Seller»), whose identity is set out below.

Buyers may purchase access to the Services by placing an order on the Website (hereinafter referred to as the «Order»). These General Terms and Conditions of Sale (hereinafter referred to as the «GTCS») apply without restriction or reserve to all online sales offered on the Website and the Platforms by the Seller. Their purpose is to define and govern the terms and conditions of the online sale of the Services, as well as the rights and obligations of the Seller and the Buyers in this context.

ARTICLE 2 – SELLER IDENTITY AND CONTACT

The Application is operated by the Seller, namely:

KUNTO, a simplified joint-stock company (société par actions simplifiée) with a capital of 300 euros, registered in the Trade and Companies Register of Evry under number 892 798 588, having its registered office at 3 rue de la Balance, 91350 Grigny, represented by its President, Mr. Hicham OUSSENI, duly authorized for the purposes hereof.

Email address: contact@kunto.fr
Phone number: 07.77.72.64.23

In the event of a complaint, the Buyer may contact the Seller at the aforementioned email address.

ARTICLE 3 – ACCEPTANCE OF THE T&Cs

The Terms and Conditions of Sale are accessible, downloadable, and printable at any time via a direct link at the bottom of each page of the Site and in a dedicated tab on the Platforms. Acceptance of the Terms and Conditions of Sale by the Buyer is indicated by a checkbox in the registration form on the Site and the Platforms. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by the Terms and Conditions of Sale may not place an Order on the Site and the Platforms.

The Seller reserves the right to modify the T&Cs under the conditions of Article 17 of the T&Cs. The T&Cs constitute the entire agreement between the Parties and supersede any prior oral or written agreement or arrangement relating thereto. They shall prevail over any other general or specific terms and conditions not expressly approved by the Seller. The T&Cs applicable to an Order are those posted online on the Site on the date of said Order and accepted by the Buyer in accordance with this article.

ARTICLE 4 – SERVICE CHARACTERISTICS

Prior to any Order, and specifically pursuant to the provisions of Article L. 111-1 of the Consumer Code, the Buyer may review, on the Application available via the Website and the Platforms, the essential characteristics of each Service they wish to obtain. The contractual information is presented at the very least in French. For any additional question relating to the Services, the Buyer may contact the Seller under the conditions set out in Article 2 of the T&Cs.

ARTICLE 5 – PRICE

5.1 Price display

The selling prices of the Services are displayed on the Application, prior to the Order on the Service description pages, in the Order summary, and in the Order confirmation email. They are indicated in euros, all taxes included (VAT + other applicable taxes).

Prices do not include any potential customs duties, local taxes, import duties, or state taxes that may be applicable depending on the case, particularly for purchases outside the European Union and/or in the French overseas departments and territories (DOM-TOM). These duties and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s sole responsibility (including declarations and payment to the competent authorities). The Seller therefore advises the Buyer to inquire about these aspects with the corresponding local authorities. Any bank charges and telecommunication fees required to access the Application shall be borne by the Buyer.

5.2 Price revision

The Seller reserves the right to modify the prices of the Services at any time and to offer promotional offers or price reductions, at its sole discretion. The applicable prices of the Services are those indicated on the Application on the day of the Order.

ARTICLE 6 – ORDER

The Buyer may place an Order for one or more Service(s) under the following conditions.

6.1 Order Placement

The Buyer must follow a series of specific steps in order to place their Order:

  • Information on the essential characteristics of the Services; ;
  • Choice of the Service(s), and where applicable, its options; ;
  • Verifying the Order items and, if necessary, correcting any errors; ;
  • Indication of the Buyer's contact details; the Buyer must create or log in to a personal account, under the conditions of Article 7 of the T&Cs; ;
  • Following the payment instructions and payment of the Order, under the conditions of Article 8 of these Terms and Conditions of Sale.

Upon ordering, the Buyer clicks the «Let's go» button and acknowledges that they are placing an order with an obligation to pay. This action constitutes the formation of a distance sales contract concluded between the Seller and the Buyer. From this action onwards, the Buyer may no longer cancel their Order (subject to the exercise of their right of withdrawal under the conditions of Article 10 of the Terms and Conditions of Sale). The Order is deemed received by the Seller when the latter has access to it.

6.2 Order Confirmation

Once the Order has been paid for by the Buyer, the latter will then receive an Order confirmation email summarizing the elements of the Order, namely the description of the purchased Service(s) and the corresponding price, as well as the expected delivery time and the Seller's contact details. The confirmation email also includes a copy of the applicable Terms and Conditions of Sale as well as a mention of the withdrawal period and procedures.

The Buyer must ensure that the email address provided during the Order is correct and that it enables them to receive the Order confirmation email. If it is not received within twenty-four (24) hours following the Order, the Buyer must contact the Seller at the contact details mentioned in Article 2 of the T&Cs. The Seller recommends that the Buyer keep the information contained in the Order confirmation. The Order confirmation is deemed to be received by the Buyer when they are able to access it.

6.3 Order Cancellation or Suspension

The Seller reserves the right to cancel any Order in the event that it is impossible to deliver the Services. It must inform the Buyer by email and, where applicable, will proceed to refund the entire price paid by the Buyer. The Seller may also offer the Buyer another Service that is available.

The Seller reserves the right to suspend or cancel any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Application, the Site and/or the Platforms, including in connection with previous Orders.

ARTICLE 7 – CREATION, MANAGEMENT AND DELETION OF THE ACCOUNT

7.1 Account Creation and Management

To use the Services, the Buyer must create a personal account on the Application. To create and manage the Account, the Buyer must provide all information marked as mandatory. The Buyer guarantees that all information provided in the registration form is accurate, up-to-date, truthful, and not misleading. The Buyer undertakes to update this information in their Account in the event of any changes (in particular: change of postal address) so that it always complies with the aforementioned criteria.

The Buyer may access their Account at any time after logging in using their email address and password. The Buyer undertakes not to register under a username/email address that is likely to infringe the rights of a third party. The Buyer undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, failing which they shall bear sole liability. They are responsible for maintaining the confidentiality of their email address and password.

7.2 Account Deletion

The Buyer may delete their Account at any time (except in the month following the Order), by sending the Seller a deletion request to the email address mentioned in Article 2 of the GTC or by clicking on the dedicated button in the Application («Delete my account»). The deletion will take effect immediately upon the Account deletion request. The Buyer shall remain liable, up to the date of actual deletion, for the sums owed to the Seller in exchange for access to the Services. The Seller shall delete any Account that remains inactive for a continuous period of 36 (thirty-six) months.

ARTICLE 8 – PAYMENT

8.1 Terms of payment

The price of the Services is billed as an annual or monthly subscription, with a minimum duration of one (1) month. The price of the Services is payable (in euros) each month following the Order date if the subscription is monthly, or in full on the Order date if the subscription is annual.

Payment is made online by bank card (Visa, MasterCard, and CB), via the Kunto application, a payment service provider. Once the payment is made by the Buyer, the transaction is debited immediately. In accordance with the provisions of the Monetary and Financial Code, the payment order given by the Buyer is irrevocable. The Buyer guarantees to the Seller that they have the necessary authorizations to use the payment method chosen for their Order.

8.2 Invoicing

The invoice corresponding to the Order is sent to the Buyer in their Order confirmation email and is also accessible in their personal account.

ARTICLE 9 – SERVICE ACTIVATION

The Buyer may benefit from the Services as soon as the Account is activated, until their request to delete their Account or the termination of these T&Cs.

ARTICLE 10 – RIGHT OF WITHDRAWAL

The Buyer has a period of fourteen (14) days, from the date of acceptance by them of these T&Cs, to withdraw without having to give reasons or pay penalties. The Buyer who wishes to exercise their right of withdrawal must send to the Seller at the email address mentioned in Article 2 of the T&Cs, before the expiry of the above period, the withdrawal form appended to the T&Cs duly completed, or a statement clearly expressing their wish to withdraw.

The Buyer will be refunded all sums paid for their Order. This refund will be made as soon as possible and no later than fourteen (14) days from the date on which the Seller is informed of the Buyer's decision to withdraw. The Buyer who has exercised their right of withdrawal while the performance of the Services has begun, at their express request, before the end of the withdrawal period, shall pay the Seller an amount corresponding to the Service provided up to the communication of their decision to withdraw; this amount is proportional to the total price of the Service.

ARTICLE 11 – LEGAL GUARANTEES

The Buyer benefits from the statutory warranties of conformity as well as against hidden defects of the thing sold.

11.1. Warranty of conformity

Since the Services are provided on a continuous basis, the Seller shall be liable for any lack of conformity that appears during the period in which they are provided under the General Terms and Conditions of Sale. Any lack of conformity that appears within twelve months from the provision of the Service shall be presumed to have existed at the time of such provision, unless proven otherwise.

In the event of a lack of conformity, the Buyer is entitled to have the Service brought into conformity or, failing that, to a price reduction or the termination of the T&Cs, under the conditions set out by the provisions of the Consumer Code.

11.2. Implied warranty against hidden defects

The Buyer reserves the right to exercise the action resulting from the warranty against hidden defects as set forth in articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognized by law.

11.3. Reminder of special legal provisions

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The following legal provisions are hereby reiterated: Articles L217-3, L217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-10, L. 217-11, L. 217-12, L. 217-13, L. 217-14, L. 217-15, L. 217-16, L. 217-17 of the Consumer Code, as well as Articles 1641, 1642, 1643, 1644, 1646, and 1648 of the Civil Code, and Articles L. 221-9 and L. 221-13 of the Consumer Code [cite: 111-193].

ARTICLE 12 – OBLIGATIONS OF THE BUYER

12.1 Legal Capacity of the Buyer

Placing an order is accessible to any natural person with full legal capacity to commit under the terms and conditions of sale.

12.2 Obligations Regarding the Use of the Services

The Buyer is solely responsible for their use of the Services: it is their responsibility to use the Services in accordance with the instructions, requirements, and recommendations provided by the Seller. The Buyer undertakes to take all necessary precautions to ensure that their state of health is compatible with the use of the Services. They declare that they have no medical contraindications to the use of the Services.

Thus, the Buyer must not have any medical contraindications regarding the practice of one or more physical activities, and in particular regarding:

(a) Family history in his/her family:

  • myocardial infarction (heart attack);
  • stroke (cerebral attack);
  • a sudden death (before age 60 for women, before age 50 for men).

(b) His health and physical condition:

  • if he smokes (or stopped less than two years ago);
  • if he is a former smoker (if he quit more than two years ago);
  • if he has hypertension;
  • if he has excess cholesterol;
  • if he has diabetes;
  • if he takes medication for his heart and arteries;
  • if he experiences, during exertion in daily life or in sports: chest pain, palpitations, a feeling of discomfort, dizziness, or shortness of breath.

(c) Physical pathologies:

  • joint, tendon, or ligament problems in the shoulders, neck, wrists, elbows, hips, knees, or ankles;
  • foot problems;
  • back problems, such as sciatica or herniated disc, or others;
  • as well as any other conditions that would create a contraindication to practicing a sports activity.

For the consumption of dishes resulting from the recipes proposed as part of the Services, the Buyer declares not to have any medical contraindication or allergy to the consumption of the following foods:

  • Cereals containing gluten (namely wheat, rye, barley, oats, spelt, kamut or their hybridized strains) and products based on these cereals;
  • Crustaceans and crustacean products;
  • Eggs and egg products;
  • Fish and fish products;
  • Peanuts and peanut products;
  • Soy and soy products;
  • Milk and milk products (including lactose);
  • Tree nuts, namely almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachios, macadamia nuts, and Queensland nuts, and products thereof;
  • Celery and celery products;
  • Mustard and mustard products;
  • Sesame seeds and sesame seed products;
  • Sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/litre expressed as SO2;
  • Lupin and lupin-based products;
  • Molluscs and mollusc-based products;
  • And any other food that may be considered an allergen.

The Seller disclaims all liability in the event that these instructions are not followed by the Buyer.

ARTICLE 13 – SELLER'S LIABILITY

13.1 The Seller provides the Buyer with no guarantee regarding the suitability of the Services for its needs, expectations, or constraints, other than the warranty of conformity set forth above.

13.2. The Seller cannot guarantee that the information relating to the Services is translated into all languages. However, this information is available at least in French.

13.3 The Seller shall not be held liable for damages resulting from any use of the Services that does not comply with the instructions, prescriptions, and recommendations provided by the Seller.

13.4 The Seller cannot be held liable for any failure or delay in the performance of the sales contract due to a case of force majeure, as conventionally defined by the case law of the French courts.

13.5 In any event, any liability that may be incurred by the Seller under the GTC shall be expressly limited to the proven direct damages suffered by the Buyer.

ARTICLE 14 – INTELLECTUAL PROPERTY RIGHTS AND PROTECTION OF PERSONAL DATA

14.1 The Buyer agrees not to infringe upon the Seller’s intellectual property rights. The structure of the Application and the Website, as well as the text, graphics, images, photographs, sounds, videos, computer applications, and databases that comprise them, as well as the trademarks and other intellectual property rights related to the Services presented, sold, and promoted by the Seller, are the exclusive property of the Seller.

In particular, the «Kunto» logo is protected as a trademark.

14.2. The Seller has a Privacy Policy which the Buyer is expressly invited to read.

ARTICLE 15 – ADVERTISING

The Seller reserves the right to include advertising or promotional messages on any page of the App or the Website and in any communication to Buyers, under terms and conditions to be determined solely by the Seller.

ARTICLE 16 – TERM OF THE TERMS AND CONDITIONS

The Terms and Conditions are in effect for the duration of the Buyer’s subscription and as long as the Buyer’s Account remains active. Upon expiration of the subscription, the Terms and Conditions will be automatically renewed, unless the Buyer sends the Seller written notice no later than one (1) month prior to expiration stating that the Buyer does not wish for the Terms and Conditions to be renewed.

ARTICLE 17 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Seller reserves the right to modify the Terms and Conditions at any time. The Seller will post the amended Terms and Conditions online. The current version of the Terms and Conditions is the one available on the Application as of the date of the Buyer’s Order.

ARTICLE 18 – LANGUAGE

In the event that the GTC are translated into one or more languages, the French language shall be the language of interpretation in the event of any contradiction or dispute regarding the meaning of a term or provision.

ARTICLE 19 – MEDIATION

The Buyer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute relating to the performance of these T&C opposing them to the Seller, under the conditions provided for according to the provisions of the Consumer Code.

For this purpose, he may contact the following consumer mediator:
Consumer Mediation Center of Justice Conciliators (CM2C)
14 rue Saint Jean – 75017 Paris
Phone: 01 89 47 00 14
Website: https://cm2c.net/ ; https://cm2c.net/comment-nous-saisir.php
Email address: cm2c@cm2c.net

ARTICLE 20 – GOVERNING LAW AND JURISDICTION

All clauses appearing in these T&Cs are subject to French law. In the event of a dispute regarding the validity, interpretation, and/or execution of the T&Cs, and failing an amicable resolution or recourse to mediation, or in the event of mediation failure, said dispute shall be submitted to the French courts, barring contrary legal provisions that would refer to the mandatory jurisdiction of a foreign court.

ARTICLE 21 – GENERAL PROVISIONS

If one or more stipulations of the Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain their full force and scope.

APPENDIX – WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

Attention: KUNTO
Mailing address: 3 rue de la balance, 91350 GRIGNY
Email address: contact@kunto.fr

I hereby notify you of my cancellation of the contract for the sale of the service below:
Order number:
Ordered on (*) / Received on (*)
Name of the buyer(s):
Address of the buyer(s):
Signature of the buyer(s):
(only in the event of notification of this form on paper)
Date :
(*) Delete where not applicable.

Content updated on 01/14/2022