Legal notice

Last updated: 8 July 2025

Article 9 – Personal Data

Article 9.1

Personal data is collected by EXERLYFE when an Order is placed or when the Customer creates a personal account. Creating a personal account is not mandatory in order to place an Order on the Website, as the Customer may place an Order as a “guest”.

Personal data is also collected through cookies. This type of collection is addressed in Article 9.2 below.

When an Order is placed, certain personal data must be provided by the Customer and collected by EXERLYFE. This includes the Customer’s surname, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.

The Customer may also create a personal account using the Facebook Connect interface. In this case, the Customer authorises EXERLYFE to collect the personal data contained in the Customer’s public profile and the email address associated with the Customer’s Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts Facebook’s terms of use, in addition to these terms, available at the following address: https://www.facebook.com/terms.

This personal data is processed automatically for the purposes of managing Orders and EXERLYFE’s customer database, as well as for commercial prospecting and statistical purposes.

It may be shared with EXERLYFE’s business partners that contribute to the delivery of the Products and the processing of payments, solely for these purposes, which the Customer expressly acknowledges and accepts.

Furthermore, as part of the online payment services used by EXERLYFE, these service providers collect certain personal data relating to Customers on behalf of EXERLYFE.

The data is retained for the period necessary for the purposes for which it is collected and processed, namely the fulfilment of the Order placed by the Customer, unless:

a longer retention period is authorised or required by a legal or regulatory provision;

the Customer has exercised, under the conditions set out below, one of the rights granted to them by law.

Furthermore, where the Customer has created a personal account, the personal data provided for this purpose is retained until the account is deleted, which may be requested from EXERLYFE under the conditions described below.

Subject to the Customer’s express consent given by ticking the relevant boxes, the Customer’s email address may also be used by EXERLYFE for newsletter subscription and distribution and/or for sending promotional offers.

If the Customer no longer wishes to receive newsletters and/or promotional offers, they may change their preference by contacting EXERLYFE under the conditions set out below or by using the unsubscribe links included in the messages.

Access to personal data is strictly limited to EXERLYFE employees who are authorised to process it as part of their duties. The information collected may also be shared with third parties contractually linked to EXERLYFE for the performance of outsourced tasks required for Order management, without the Customer’s prior authorisation being necessary. It is specified that, when providing their services, such third parties have only limited access to the data and are contractually required to use it in accordance with the applicable personal data protection legislation. Except in the cases set out above, EXERLYFE undertakes not to sell, rent, transfer or otherwise grant third parties access to the data without the Customer’s prior consent, unless required to do so for a legitimate reason, including a legal obligation, fraud or abuse prevention, or the exercise of rights of defence.

In accordance with the applicable legal and regulatory provisions, in particular amended French Law No. 78-17 of 6 January 1978 relating to data processing, files and individual liberties, and Regulation (EU) 2016/679 of 27 April 2016, the User has the right to access, rectify, transfer and erase their data, as well as the right to restrict processing. The User may also object to the processing of their data on legitimate grounds.

The User may therefore request that personal data concerning them which is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or erased. The User’s personal data will also be deleted where the User expressly withdraws their consent to the collection and processing of their personal data, subject to EXERLYFE’s legal obligations. Under the right to data portability, the User may also retrieve the personal data concerning them for their own use or request that it be transferred to a third party, where technically feasible. Each User may also object, on legitimate grounds, to the processing of data concerning them and request that such processing be restricted.

To exercise these rights, the User must send a request by post to EXERLYFE, 2 rue du Champ de l’Épine, 50300 Avranches, France, or by email to direction@exerlyfe.fr, stating their surname and first name. EXERLYFE may ask the User to provide proof of identity by attaching any necessary document to their request, including a copy of their identity card or passport.

EXERLYFE will use the resources available to it to process Users’ requests relating to their personal data.

In the event of a security breach affecting the Website or the loss of personal data relating to Users, EXERLYFE will notify them by email in accordance with the applicable legal requirements. It will take all appropriate measures, within the limits of its human, technical and financial resources, to remedy the breach and ensure data security.

Users also have the right to lodge a complaint with the French national supervisory authority, the CNIL.

For further information about their rights, Users may visit the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

Article 9.2

EXERLYFE may place cookies on the Website. Cookies are an automated tracking mechanism that records information relating to browsing activity on the Website and stores information entered during visits in order to facilitate use of the Website.

Cookies placed by EXERLYFE are deleted from the Customer’s device after a period of 13 months.

The User may object to their placement and/or delete them by following the procedure indicated in their browser settings.

For this purpose, EXERLYFE obtains Users’ express consent to the use of such cookies and uses them in accordance with the applicable legal provisions, including the General Data Protection Regulation.

EXERLYFE uses these cookies solely to compile connection statistics and Users’ browsing histories.

Article 12 – Intellectual Property

Without limitation, the “EXERLYFE” trademark and its variations and derivatives, the logos, visual identity, layout, information, presentation and content of the Website are the exclusive property of EXERLYFE. The systems, software, structures, infrastructure, databases and content of all kinds relating to the Website, including texts, images, visuals, music, logos, trademarks and databases, are also protected by all applicable intellectual property rights or database producer rights, of which EXERLYFE is the sole owner or rights holder. Any disassembly, decompilation, decryption, extraction, reuse or copying, and more generally any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without EXERLYFE’s prior written authorisation, is strictly prohibited and may give rise to legal proceedings.

Any total or partial reproduction or representation of the Website or of any of its constituent elements, including, without limitation, trademarks, logos, visual identity, layout, information, presentation and content, is prohibited.

Browsing the Website does not result in any transfer of intellectual property rights to the User. EXERLYFE grants the User only a right to access and view the Website, under the terms and conditions set out in these Terms and Conditions of Sale.

Article 13 – Limitation of Liability

Article 13.1

EXERLYFE accepts no liability for damage of any kind resulting in particular from use of the Website or the ordering of Products, including damage to the Customer’s reputation or image, or any loss of data that may occur as a result of using the Website.

If EXERLYFE’s liability is established and upheld in respect of loss suffered by the Customer and attributable exclusively to EXERLYFE, such liability shall be limited to the amount of the Order paid by the Customer to EXERLYFE.

Article 13.2

The User acknowledges that use of the Website is at their own risk. The Website is provided “as is” and is accessible without any guarantee of availability or uninterrupted operation.

EXERLYFE will use its best efforts to make the Website accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond EXERLYFE’s control, and subject to maintenance periods, possible outages, technical risks inherent in the nature of the network, malicious acts, or any damage to EXERLYFE’s hardware or software.

Article 13.3

Under no circumstances may EXERLYFE be held liable for any interruption of all or part of the Website, regardless of the cause, duration or frequency of such interruption.

Article 13.4

The Website currently has the technology required for access and use; however, the presence of viruses or other harmful elements introduced by any means or by any third party, which may cause alterations to the User’s computer systems, cannot be ruled out.

EXERLYFE gives no express or implied warranty regarding the operation of the Website, including any technical issue that may arise.

EXERLYFE reserves the right, at its sole discretion and unilaterally, at any time and without prior notice, to modify the configuration of the Website, the services or content offered, and to remove, limit, suspend or prohibit access to them, temporarily or permanently.

Article 13.5

EXERLYFE shall not be liable for any failure to perform its obligations under these Terms and Conditions of Sale where such failure is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the French Civil Code, or to any other event that was not reasonably within EXERLYFE’s exclusive control.

It is agreed that, if EXERLYFE’s liability is called into question, regardless of the legal basis and/or nature of the claim, only direct and foreseeable damage may give rise to compensation. Accordingly, indirect, consequential and/or incidental damage, such as business disruption or loss of customers, shall not entitle the User to compensation.

In all circumstances, EXERLYFE’s liability for any loss caused to the Customer, for any reason whatsoever, shall be expressly limited and may under no circumstances exceed the total amount excluding taxes of the Customer’s Order placed under these Terms.

Article 13.6

The Customer undertakes to use the Products in strict accordance with the instructions for use provided by EXERLYFE. Accordingly, EXERLYFE shall not be held liable in the event of improper use of the Products by the Customer or any third party.

Article 14 – Statutory Warranties

In accordance with the provisions of the French Consumer Code, the Products sold on the Website benefit from statutory warranties, namely the statutory guarantee of conformity under Articles L.217-4 et seq. of the French Consumer Code and the warranty against hidden defects under Articles 1641 et seq. of the French Civil Code, allowing Customers to return defective or non-conforming Products free of charge.

Article 14.1 – Warranty Against Hidden Defects

In accordance with Articles 1641 et seq. of the French Civil Code, EXERLYFE is liable under the warranty for hidden defects affecting the Products sold where such defects render the Products unfit for their intended use or significantly impair such use. The Customer may bring a claim based on a hidden defect within two years from the date on which the defect is discovered.

Under the statutory warranty against hidden defects, EXERLYFE undertakes, at the Customer’s choice and after assessing the defect, either:

to refund the full price of the Product concerned;

to refund part of the price of the Product if the Customer decides to keep it.

Article 14.2 – Statutory Guarantee of Conformity

In accordance with Articles L.217-4 et seq. of the French Consumer Code, EXERLYFE is required to deliver Products that conform to each Customer’s Order, namely:

Products corresponding to the description provided by EXERLYFE;

Products possessing the qualities that the Customer may legitimately expect in view of EXERLYFE’s statements.

The Customer may bring a claim based on a lack of conformity within two years from delivery of the Product, it being understood that any lack of conformity appearing within two years from delivery is presumed to have existed at the time of delivery.

Under the statutory guarantee of conformity, EXERLYFE undertakes, at the Customer’s choice and after assessing the lack of conformity, either:

to refund the price of the Product concerned;

to replace the Product with a Product that conforms to the Customer’s Order, where possible.

Article 15 – Complaints / Information

Any complaint or request for information relating to these Terms and Conditions of Sale must be sent to Customer Service by email at the following address: direction@exerlyfe.fr

Article 16 – Miscellaneous Provisions

Article 16.1 – Partial Invalidity

If one or more provisions of these Terms and Conditions of Sale are held to be invalid or declared invalid pursuant to a law, regulation or final decision of a court having jurisdiction, the remaining provisions shall retain their full force and effect.

Article 16.2 – No Waiver

The fact that either Party does not invoke a breach by the other Party of any obligation set out in these Terms and Conditions of Sale shall not be interpreted in the future as a waiver of the obligation in question. 

Article 16.3 – Mediation

In the event of a dispute relating to an Order, the Customer must first contact EXERLYFE in an attempt to reach an amicable solution by email at direction@exerlyfe.fr

The mediator may only be contacted after the Customer has first made written representations to EXERLYFE.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.

Article 16.4 – Governing Law and Jurisdiction

These Terms and Conditions of Sale are governed by French law, unless otherwise required by mandatory provisions.

If no amicable settlement is reached, and regardless of the origin of the dispute, disputes relating to the performance or interpretation of these Terms and Conditions of Sale shall be submitted to the courts having jurisdiction in Paris, unless otherwise required by mandatory provisions. For the avoidance of doubt, limitation periods for bringing legal proceedings are not suspended during the period in which an amicable solution is being sought or mediation is requested.