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Terms of Use

These terms of use govern access to and use of the website etna-supplement.com, published by the company BOWA under the brand Expand Tomorrow Never Aging - ETNA. We invite you to read them before browsing.

Contents

Article 1

Scope and purpose

The purpose of these terms of use (hereinafter the “Terms”) is to govern the terms and conditions of access to and use of the website available at https://etna-supplement.com/fr/ (hereinafter the “Site”) between users (hereinafter the “User” or “you”) and the company BOWA, publisher of the Site, operating the brand “Expand Tomorrow Never Aging - ETNA” (hereinafter “ETNA” or “We”).

These Terms may be modified by ETNA at any time, without notice, by publishing an amended version on the Site. The User is invited to consult the Terms regularly in order to be aware of any changes. The applicable version is the one in force on the day of browsing. Accessing and using the Site after an amendment has been published constitutes acceptance of that amendment.

By accessing and using the Site, the User acknowledges having read, understood and accepted without reservation the Terms in force. Use of the Site is subject to the express condition that these Terms are accepted.

These Terms are supplemented by the following documents, available on the Site:

• the Legal Notice;
• the General Terms and Conditions of Sale (GTCS);
• the Personal Data Protection Policy;
• the Cookie Policy.

Article 2

Publisher, host and legal notice

Article 3

Features offered

The Site notably allows the User to:

• access information about ETNA and its products (dietary supplements, descriptions, advice), as well as editorial and informational content through a blog;
• access, where applicable, an instant messaging service (“Chat”), available Monday to Friday from 9 a.m. to 6 p.m., excluding public holidays;
• access a customer service (“Customer Service”), available Monday to Friday from 9 a.m. to 5 p.m. by email or via the Site’s contact forms;
• create a customer account or log in to a previously created account in order to access their profile, orders and invoices (the “Account”);
• subscribe to the newsletter in order to receive our commercial and informational communications, under the conditions set out in Article 3.1;
• post reviews and contributions about products, under the conditions set out in Article 8.

(hereinafter collectively the “Features”).

ETNA undertakes to respond to any request sent to Customer Service within a maximum of 48 hours of its receipt.

3.1. Newsletter

Subscription to the newsletter is optional, free of charge and subject to the User’s prior consent. It is done via the form available in the Site’s footer, by entering a valid email address.

The newsletter includes commercial communications (offers, new products, benefits) and informational communications (advice, editorial content). It is sent several times a month, with no contractually guaranteed frequency.

The User may unsubscribe at any time, free of charge and without giving a reason, via the unsubscribe link at the bottom of each email or by writing to [email protected]. The processing of personal data related to the newsletter is described in the Privacy Policy.

Article 4

Provision of micronutrition advice

ETNA operates in the field of dietary supplements. ETNA does not provide medical consultations, health advice, therapeutic advice, diagnoses or medical care. The advice provided through Customer Service, the Chat and the Site’s content is advice relating to micronutrition and the use of dietary supplements.

This advice is in no way intended to replace a diagnosis or medical opinion given by a healthcare professional, and is not intended to diagnose, treat or manage any disease or medical problem, nor to draw the User’s attention to possible interactions between medical treatments and dietary supplements, or between dietary supplements of different brands.

Article 5

Conditions of access to the Site

The Site is accessible free of charge to any User with internet access. All costs related to accessing the Site (computer equipment, software, internet connection, etc.) are borne exclusively by the User. Access and browsing require the use of compatible IT and telecommunications equipment, which the User must ensure beforehand.

In order to validly use the Site, the User expressly declares that they have full legal capacity to enter into this contract, i.e. that they are of legal age, not under guardianship or curatorship, or an emancipated minor.

Subject to compliance with these Terms, ETNA grants the User a worldwide, free, personal, revocable, limited, non-exclusive and non-transferable license to access and use the Site and its Features, solely for their personal use, excluding any commercial, business or professional activity.

ETNA makes every effort, under a general obligation of means, to provide a secure and accessible Site. ETNA reserves the right to interrupt, suspend, limit or modify, temporarily or permanently, access to all or part of the Site, in particular for reasons of maintenance, updates, technical developments, security, or for any other reason, without notice or compensation, and without incurring any liability in this respect.

Article 6

User obligations and prohibited conduct

The User undertakes to use the Site in accordance with these Terms and with applicable laws and regulations, and in particular shall not:

• use the Site for purposes other than those provided for in these Terms, or in any manner prohibited by a legal or regulatory provision;
• use the Site for professional, commercial or non-private purposes;
• use the Site in violation of the rights of third parties;
• download, reproduce, record, capture or copy, by any means, the Site’s content (in particular photographs) in breach of the Terms;
• use the Site in a way that may harm it or disrupt its use by other Users;
• modify, translate, decompile, disassemble, distribute, transmit, publish, sell, rent, license, sublicense or exploit the Site, or remove any notices, trademarks, logos or distinctive signs from it;
• harm ETNA’s legitimate interests, and in particular its intellectual property rights;
• attempt to mislead other Users by impersonating a third party, and more particularly by posing as an employee or affiliate of ETNA;
• collect or extract personal data of other Users by any means;
• upload, send or transmit any illegal or infringing content, any unsolicited advertising or promotional material, or any virus, code, file or program designed to interrupt, destroy or limit the Features of the Site, its servers or networks.

6.1. Specific provisions for the Chat and contributions

When using the Chat and in any contribution, the User shall not disclose data falling within the special categories of personal data within the meaning of Article 9 of the GDPR (in particular data concerning their health, sex life or genetic data), as the purpose of the Chat is not to provide a medical consultation but only to guide the User towards products that meet their needs.

The User further undertakes not to disseminate, in any form whatsoever, any content (photos, messages, comments) that infringes the rights of third parties, and in particular intellectual property rights, personal rights (defamation, insults, disparagement, harassment), privacy (including image rights), public order and morality (in particular political, racist or xenophobic statements, glorification of crimes, incitement to hatred, attacks on human dignity, violent or degrading images), and more generally any content contrary to applicable laws and regulations and to the rules of politeness and courtesy.

Article 7

User Account

7.1. Account creation

Creating an Account is not mandatory to browse the Site, but it is required to access certain features (placing and tracking orders, accessing invoices, posting reviews, managing addresses, etc.). Account creation is reserved for natural persons of legal age with full legal capacity.

To validate the creation of their Account, the User must complete all mandatory fields of the form; failure to do so will result in the Account not being created. The User expressly undertakes to provide accurate, up-to-date and truthful information, and to update it in the event of any change. The User will receive an email confirming the creation of their Account.

7.2. Login credentials and security

The Account is strictly personal. The User is solely responsible for the confidentiality of their username and password; any access to the Site made using these credentials is deemed to have been made by the User. The User undertakes not to allow any third party to use their Account, failing which they shall bear full responsibility, and to contact ETNA immediately if they notice any unauthorized use. ETNA cannot be held liable for any damage resulting from insufficient protection of the username and password.

7.3. Account suspension and deletion

The User may request the deletion of their Account at any time, via the dedicated feature or by contacting ETNA. ETNA reserves the right to suspend or delete, without notice or compensation, any Account that does not comply with these Terms, without prejudice to any damages, as well as any Account that has remained inactive for a continuous period of more than 24 months.

Article 8

Blog, customer reviews and User contributions

8.1. Blog and editorial content

The Site provides a blog and editorial content (articles, guides, information sheets). This content is published under ETNA’s sole editorial responsibility and is provided for information purposes only. ETNA strives to ensure its accuracy and currency but does not guarantee that it is free from errors, exhaustive or fully up to date; it may be modified or removed at any time. In accordance with Article 4, this content does not constitute medical advice.

8.2. Posting reviews and contributions

The Site may allow Users to post reviews, ratings, comments and other contributions (“User Content”), in particular about products. The User is solely responsible for the User Content they publish and warrants that they hold all rights to it and that it does not infringe any third-party rights. Prohibited User Content is that referred to in Article 6.

8.3. Review moderation policy

Reviews posted on the Site are checked and moderated before publication. When a review is posted, the following information is collected by ETNA: date the review was posted, rating given, product concerned, the User’s last name, first name and email address, date of use of the product and content of the review.

In the event of non-compliance with these Terms, ETNA reserves the right not to publish a review. The average time between posting a review and its moderation (publication or rejection) is 10 weeks maximum.

8.4. License on User Content

By publishing User Content, the User grants ETNA, free of charge and on a non-exclusive basis, the right to reproduce, display, adapt and disseminate this content on the Site and on any other ETNA communication medium, for the purpose of promoting the Site and the products, worldwide and for the legal term of protection of the rights. The User waives any remuneration in this respect. ETNA may make adjustments to framing, format and colors, while respecting the User’s moral rights.

Article 9

ETNA’s obligations

ETNA makes the Site’s Features available to the User under the conditions described in these Terms. With the exception of the Chat and Customer Service (available on the days and at the times indicated), the Features are in principle accessible twenty-four hours a day, seven days a week, except in cases of force majeure or events beyond ETNA’s control (in particular breakdowns), and subject to necessary maintenance and update periods.

ETNA undertakes, under an obligation of means, to act diligently and competently to remedy, within reasonable limits, any malfunction brought to its attention. ETNA may at any time, temporarily or permanently, make changes to the Site, suspend, interrupt or limit access to all or part of the Site, remove any information disrupting its operation or contravening the law or these Terms, or delete the Site.

A reference to an ETNA product on the Site does not mean that it will be available at all points of sale that may be identified on the Site.

Article 10

ETNA’s liability and warranties

ETNA cannot be held liable in the event of a breakdown, difficulty or interruption of operation temporarily preventing access to the Site or to one of its Features. The User acknowledges and accepts that ETNA cannot be held liable for any inconvenience or damage related to the use of the internet, in particular:

• faulty transmission and/or reception of any data over networks;
• failure of any receiving equipment or communication lines;
• any network malfunction preventing the proper operation of the Site or access to the Features;
• loss of data, malfunction of any software, the consequences of any virus, bug, anomaly or failure, or any damage caused to the User’s equipment.

The transfer rate and response times of information flowing from the Site are not guaranteed by ETNA, as these depend on the inherent characteristics of networks and on the User’s operator. It is the User’s responsibility to take all appropriate measures to protect their own data, programs and files.

To the fullest extent permitted by applicable regulations, ETNA shall in no event be held liable for any indirect damage of any kind whatsoever (in particular loss of profits, loss of information or data, business interruption, invasion of privacy) resulting from or related to the use of or inability to use the Site. In any event, ETNA’s liability is expressly limited to proven direct damage suffered by the User.

Article 11

Indemnification

By using the Site, the User agrees to defend, indemnify and hold harmless ETNA, its officers and employees from and against any losses, damages, liabilities, costs and expenses (including attorneys’ fees) claimed by any third party and arising from: (i) the User’s use of and access to the Site; (ii) the User’s breach of these Terms; and (iii) the User’s violation of any third-party rights, including, without limitation, any property, privacy, personal data protection or intellectual property rights. This indemnification obligation survives the end of the User’s use of the Site.

Article 12

Intellectual property

All elements and content of the Site (texts, articles, graphics, visuals, logos, trademarks, names, sounds, drawings, software, domain names, photographs and videos — hereinafter the “ETNA Content”) are protected by intellectual property law and are the exclusive property of ETNA and/or licensed to it. They may not be reproduced, used or displayed without ETNA’s prior written authorization, including to create derivative works, on pain of legal proceedings.

Subject to compliance with these Terms, ETNA grants the User a non-exclusive, non-assignable and non-transferable right to access and use the Site and the ETNA Content, worldwide and for the duration of these Terms, for strictly personal and private purposes. Authorization to reproduce is granted only in digital form for the purpose of viewing the pages consulted; printing on paper is authorized solely for private copying for the exclusive use of the copier within the meaning of Article L.122-5 of the French Intellectual Property Code.

In particular, the User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transmit, broadcast, sell, rent, license or exploit the Site and the ETNA Content, in whole or in part, without ETNA’s express, written and prior consent. Any unauthorized use constitutes infringement, punishable under Articles L.335-2 et seq., L.521-1 et seq., L.615-1 et seq. and L.713-1 et seq. of the French Intellectual Property Code.

Article 13

Hyperlinks to the Site

The creation of hyperlinks to the Site is authorized only for non-commercial purposes, in accordance with applicable laws and regulations, provided that it does not harm ETNA’s reputation and that no profit is derived from it. The website containing the link must not disseminate any content that is illegal, unethical or contrary to public morality, nor contain any false or misleading statement about the Site or ETNA.

It is prohibited to create a link to the Site in such a way as to suggest any form of association, approval or endorsement by ETNA that does not exist, or to remove or hide any content published on the Site. Any authorization granted by ETNA in no way means that it sponsors, verifies or supervises the content of the linking website, nor that it is responsible for it. ETNA may request the deactivation and removal of any link at any time and without notice.

Article 14

Links to third-party websites

The Site may contain links to third-party websites, via redirection URLs. These websites are not under ETNA’s control, and ETNA is not responsible for their availability or content. These links are provided for Users’ information and do not imply any liability on ETNA’s part. Access to and use of these third-party websites are the sole responsibility of the User.

Article 15

Personal data and cookies

Use of the Site involves the processing of personal data. ETNA, as data controller, has implemented appropriate security and confidentiality measures, in accordance with amended French Law No. 78-17 of January 6, 1978 and Regulation (EU) 2016/679 (GDPR). To find out more about the processing carried out, its purposes, retention periods and how to exercise their rights (access, rectification, erasure, objection, portability, restriction), the User is invited to consult the Data Protection Policy.

The Site uses cookies and trackers under the conditions set out in the Privacy Policy, allowing the User to make choices regarding the placement and reading of cookies according to their purpose. The User can configure or refuse cookies via the consent management module and/or their browser settings.

Article 16

Miscellaneous provisions

16.1. Subcontractors

ETNA may use subcontractors in the performance of its obligations under these Terms.

16.2. Entire agreement

These Terms constitute the entire agreement between ETNA and the User concerning access to and use of the Site and its Features, and supersede any prior agreement having the same purpose.

16.3. Force majeure

Neither party shall be held liable to the other for failure to perform its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts.

16.4. Waiver

ETNA’s failure to enforce any provision of these Terms at any given time shall not be construed as a waiver of its right to enforce that provision at a later date.

16.5. Severability

If any provision of these Terms is held to be null and void, it shall be deemed unwritten and the other provisions shall remain in full force and effect.

Article 17

Complaints, governing law and disputes

The contract formed by acceptance of these Terms is governed by French law and drafted in French; in the event of translation, only the French text shall prevail. If the User is a consumer residing outside France in a European Union country, they also benefit from the mandatory provisions of the law of their country of residence.

In the event of a complaint or dispute concerning access to and use of the Site, the User undertakes to first contact customer service by email at [email protected] or by registered letter with acknowledgment of receipt to: Bâtiment 12, Multiparc du Salaison, 145 rue de la Marbrerie, 34740 Vendargues, France.

The parties undertake to seek an amicable settlement before taking any legal action or resorting to mediation. Failing an amicable agreement, the French courts shall have jurisdiction under ordinary law.

Article 18

Contact ETNA

For any question regarding these Terms, the User may contact us via the contact section available on the Site, by email or by post.