Terms of sale

ARTICLE 1. GENERAL PROVISIONS

This website www.muscintime.fr (hereinafter referred to as the " Site " is published by the company SEKAYA, simplified joint-stock company, with a capital of 1,000 euros, whose registered office is located at 38 Cours Albert 1^er 75008 Paris, registered with the Paris Trade and Companies Register under number 889 278 057, whose intra-community VAT number is FR18889278057, and the unique identifier number FR434150_01MSAV (Household Packaging sector), (hereinafter referred to as " SEKAYA ".

These general terms and conditions of sale (hereinafter referred to as the " Terms and Conditions " govern all relations between SEKAYA and any person wishing to make a purchase of one or more product(s) offered for sale by SEKAYA on this Site.

It is specified that these General Terms and Conditions apply to the exclusion of all other conditions and, in particular, the general terms and conditions of sale in force for sales made in stores, shops, pharmacies and/or parapharmacies offering SEKAYA products.

These Terms and Conditions are supplemented by the Legal Notices. & General Terms and Conditions of Use of the Site, the Privacy Policy and the Cookie Policy.

Within the framework of these General Terms and Conditions, the terms " Product " Or " Products » refer to the product(s) offered for sale in store or on the Site and shipped by SEKAYA.

THE " Customer "Consumer" refers to any individual, that is, any natural person, not acting in a commercial capacity and in a non-professional capacity, who visits one or more web pages of the Site, whether or not they have initiated a purchase process on this Site. The Customer must have full legal capacity and be of legal age.

SEKAYA reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable terms and conditions are those in effect on the date of payment (or the first payment in the case of payment in installments) of the order.

SEKAYA also ensures that acceptance of these Terms and Conditions is clear and unconditional by implementing a checkbox and a validation click.

The Client acknowledges having received the necessary advice and information to ensure the suitability of the offer to their needs. The Client declares that they are legally capable of entering into a contract under French law or are duly represented by the natural or legal person on whose behalf they are acting. Unless proven otherwise, the information recorded by SEKAYA constitutes proof of all transactions.

ARTICLE 2. PRODUCTS

2.1. Product Availability

Product offers made by SEKAYA on the Site remain valid as long as the Products are present on the Site, and within the limits of available stock.

Products that are temporarily unavailable are marked as such on the Website ("Out of Stock"). The Customer can provide their telephone number to be notified when the product is back in stock.

However, despite the care that SEKAYA takes in managing its stocks and the means it has implemented for this purpose, errors may exceptionally be mentioned regarding the state of its stocks.In this case, SEKAYA will inform the Customer by email of the unavailability of the Product(s) concerned as soon as possible. SEKAYA specifies that it will not manage any backorders.

At any time, the Customer may request the cancellation of the ordered but unavailable Product(s) by email to the address sav@muscintime.com. SEKAYA will then take the necessary steps to refund the price of the unavailable Product(s) using the payment method used by the Customer within thirty (30) days of notification sent by the Customer..

The Customer is solely responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use only, and are unrelated to their professional activity.

2.2. Essential Product Characteristics

Prior to placing an order, the Customer can directly access on the Site the essential characteristics of the Product(s) he/she wishes to order.

The differences between the photographs and the Products can only be minor differences and do not affect the essential characteristics of the Products.

SEKAYA invites the Customer to refer to the description of each Product to learn its precise characteristics. In case of doubt or if the Customer wishes to obtain further information, they can contact SEKAYA by email at the following address: sav@muscintime.com.

However, in the event of a clear error in the price and/or between the characteristics of a Product and its representation, the Customer agrees to contact SEKAYA by email at the following address sav@muscintime.com, in order to inform them of the obvious error. In any case, SEKAYA may correct an obvious error; the Customer has the option to cancel their order if they refuse the corrected terms.

ARTICLE 3. PRICE

On the Site pages presenting the Products, order forms and invoices issued to the Customer, prices are indicated in euros (€) including all taxes (TTC), taking into account the rate of Value Added Tax (VAT) and any applicable discounts on the day of the order.

On the Site pages presenting the Products, the prices indicated do not include delivery charges which are billed separately and are specified to the Customer prior to final validation of the order.

Product prices may change according to SEKAYA's commercial policy. In any event, products will be invoiced based on the prices in effect on the Site at the time of final order confirmation.

The price of each order, including delivery charges, is payable in full upon placement of the order. Otherwise, no delivery will be made and the sale will be considered cancelled by the Customer.

Promotional offers are valid only during the offer's validity period, as indicated on the Website. Any promotions granted in the form of discount vouchers are valid for only one order per Customer account, within a given validity period, and cannot be combined with other discount offers.

ARTICLE 4. ORDER

4.1. Registration and account creation

To place an order, the Customer can first register on the Site by creating an account.

Upon registration, the Client's email address serves as their login. To log in, the Client receives a one-time login code sent to this email address, which they must enter to access their personal account. No password is required.

The Client receives an email confirming their registration. The Client is solely responsible for maintaining the confidentiality of their email account and for all activity on their account. They agree not to share the login code received with any third party.

4.2. Placing an order

To place an order, the Customer selects the different Products they wish to purchase by clicking on their product page. They indicate the number of Products desired and click on the "Add to Cart" button.

The Customer may, at any time:

- to obtain a summary of the Products he has selected by clicking on the "Your Cart" icon accessible at the top right of the screen,

- modify or delete all or part of your order as summarized (in case of modification, the new price is displayed directly).

It is specified that the contents of the basket may be subject to an expiry date.

When the Customer is on the "Your Cart" page, they can:

- continue your selection of Products by visiting another part of the Site,

- add suggested products to your basket;

- automatically benefit from free Products when the total amount of their order reaches certain defined thresholds;

- or complete your selection of Products and order them by clicking on "Payment", " Shop Pay " Or " PayPal "

When the Customer is on the "Payment" page, they can then:

- to identify oneself by providing one's email address,

- If the Customer does not have an account, they can continue their order as a guest by filling in their information in a form including their name(s), first name(s), email address, billing address, delivery address and payment information.

As soon as the Customer creates an account, they automatically proceed with the ordering process. They then fill in their billing address and, if applicable, their delivery address, which may be different.

The Customer can access information concerning him/her directly in his/her personal space on the page " The VIP Club It is his responsibility to update the information on this page concerning him and to verify its accuracy when placing each order.

The shipping and billing addresses entered for the first time on the Site are saved as default addresses in the address book of the customer account. They can be modified or deleted at any time. However, no modification or deletion will be applied to any order that has been definitively confirmed and is being processed.

If the Customer already has an account on the Site, they will be directed to the "Delivery" form where they must verify, complete, and validate the information provided. The delivery address is, by default, the billing address, but it may be different (particularly in the case of gifts).

The Customer has the option to receive news and/or offers by SMS, WhatsApp or via the Newsletter by checking the box " Send me news and offers via SMS He will then be asked to provide his telephone number.

If the Customer no longer wishes to receive such messages, they may object at any time by clicking on the link provided for this purpose, present in each newsletter or by sending STOP by SMS and/or on WhatsApp. 

The Customer then chooses the shipping method for sending their Products: delivery to a collection point or home delivery. Delivery costs are specified directly on this "Shipping Methods" page.

Once the shipping method is selected, the Customer arrives at the " Payment which presents the different payment methods available as indicated in article 5 of these Terms and Conditions.

Each Product can be ordered up to a maximum of ten (10) Products per order and five (5) identical Products per order.

4.3 Order Validation

The Customer is then directed to an "Order Summary" page which displays the order form showing the nature, quantity and price including VAT of the Products selected by the Customer as well as any applicable fees.

To proceed with the order, the Customer must click the "Read the terms and conditions" button. These Terms and Conditions will then appear. The Customer cannot proceed with the order unless they check the box "I have read and agree to the terms and conditions."

By checking the box "I have read and agree to the terms of sale", the Customer signifies their full and complete acceptance of these General Terms and Conditions of Sale as well as the specific terms of sale applicable to each order placed and stated on their screen (name of the Product(s), price, weight, quantity, etc.).

Therefore, when the Customer checks the box, they acknowledge having read these General Terms and Conditions of Sale and accept them without reservation. Once the box is checked, the Customer clicks on "Pay now".

Before finalizing their order, the Customer can review the order details, the total price including VAT and applicable fees, and correct any errors. The Customer can modify their order and/or the billing and/or delivery address information and/or cancel their order.

4.4 Abnormal order cancellation or modification

SEKAYA reserves the right to modify, refuse or cancel all or part of an order or several cumulative orders that are fraudulent or abnormal, in particular when the quantities ordered do not correspond to the ordinary needs of a consumer.

SEKAYA will inform the Client concerned as soon as possible.These modifications or cancellations will not give rise to any compensation or reimbursement of any kind.

ARTICLE 5. PAYMENT

5.1. General Terms and Conditions

The Customer is informed that orders are binding and require payment. The price paid by the Customer is necessarily the price indicated on the order validated by the Customer. Payment for purchases made on the Site is exclusively in euros (€).

Payment by check is not accepted. Consequently, the Customer must have either a PayPal account or a bank card accepted by the bank responsible for processing online payments (Carte Bleue, Visa, Amex, Mastercard, Google Pay, Shop Pay, Klarna Payer, Bancontact), the validity of which will be verified and confirmed by the payment server of that bank.

When entering bank card details, the Customer will enter their card number and expiry date, as well as, if applicable, the visual cryptogram (CVV) appearing on the back of the bank card used by the Customer.

It is specified that the bank card details are secured by encryption via the system S.S.L. (Secure Socket Layer) so as to protect as effectively as possible all data related to means of payment, and that the Client's bank card data will not be stored on SEKAYA's computer system, but on that of the banking institution in charge of making online payments.

Before validating the order, the Customer may, if they wish, use a promo code, a discount voucher from the loyalty program or the code appearing on the gift card, the value of which will be directly deducted from the amount due for the order placed.

It is specified that any online payment on the Site implies an immediate debit.

Once the payment process is complete, the Customer is directed to a page displaying the order summary. The Customer can print this page.

In addition, an order confirmation email is sent to the Customer.

5.2. Terms and conditions relating to the use of gift cards

The Customer has the option to order gift cards on the Site. Gift cards can only be used on the Site for the purchase of Products, in accordance with the terms of use described below.

The Customer can choose to order one or more gift cards with a single amount of 30 euros, 50 euros, 80 euros, 100 euros, 130 euros, 150 euros or 200 euros.

Once the order for one or more gift cards has been placed, the Customer will receive a confirmation email inviting them to activate their gift card in their personal space in order to receive the unique code allowing them to use it.

In this space, the Customer will have the choice of downloading their gift card in .pdf format, OR receiving it by email.The gift card will be issued exclusively in digital format with its unique code usable on the website www.muscintime.fr.

Choosing to download the gift card instead of receiving it by email will not allow the customer to subsequently send the gift card to a recipient directly from their personal account. The customer will still have the option to print the gift card received by email.

The gift card is valid indefinitely from the date of purchase, exclusively for the purchase of Products on the website. www.muscintime.fr. The gift card can be used on the Site, in one or more installments, up to its credit amount at the time of an order, possibly supplemented by another means of payment accepted by SEKAYA.

It cannot be refunded, even partially, particularly in the event of loss, theft or expiry of validity; nor exchanged for its cash value.

It can be combined with other promotions or discounts.

ARTICLE 6. DELIVERY

Delivery of Products ordered by the Customer is limited to mainland France, Corsica and Monaco.

6.1. Delivery times

The purchased Products will be shipped via the usual transport services (hereinafter the “ Carrier "), from the date the ordered Products are handed over to the Carrier, and in any event within three (3) to ten (10) business days from the day following the final validation of the order by the Customer, excluding peak periods and/or cases of unavailability of one or more Products ordered by the Customer. In these cases, delivery times may be extended. 

The indicated delivery times are typical average times and correspond to order processing and delivery times excluding peak periods and/or cases of product unavailability. In the event that one or more products ordered by the customer are unavailable, and unless the customer expressly requests cancellation by email to the address sav@muscintime.com, The order will be shipped by SEKAYA only when all the ordered Products are back in stock. In this case, the delivery time will only begin from the date on which the order is considered complete, that is, when all the Products are available for shipment.

In the event of cancellation of the unavailable Product(s) by the Customer, SEKAYA will then take the necessary steps to refund the price of the unavailable Product(s) according to the payment method used by the Customer within thirty (30) days from the date of notification sent by the Customer.

The Customer is advised to regularly check the status of their order in their account and to contact SEKAYA with any questions or problems related to the delivery of their order by email at the following address: sav@muscintime.com.

In the event of a delivery delay, the Customer may notify SEKAYA of this delay by email at the following address: sav@muscintime.com. In this case, and as long as the Product has not been shipped, the Customer may still cancel their order by sending an email to the following address sav@muscintime.com, or by sending a registered letter with acknowledgment of receipt to the following address: SEKAYA, Consumer Service, 38 Cours Albert 1er, 75008 Paris.

6.2. Delivery methods

The Products ordered by the Customer will be delivered to the address indicated by the Customer on the order or, if applicable, left at the collection point designated by the Carrier serving the delivery address provided by the Customer, should the recipient be absent. In the latter case, it will be the Customer's responsibility to take the necessary steps to collect the delivered products from the collection point designated by the Carrier within the time limits specified by the Carrier.

Beyond the collection times provided by the transport services, the latter return the package to SEKAYA, which reserves the right to charge the Customer for any return costs.

As the purchased Products are shipped by the Carrier, the Customer must be able to prove their identity and provide, if necessary, the number assigned to their order.

6.3 Order Receipt

The transfer of risk only occurs when the Customer or a third party designated by him (neighbor, caretaker…), other than the Carrier, takes physical possession of the package.

Upon receiving the package, the Customer is asked to check that the contents are correct and undamaged and to sign the delivery slip, noting any remarks concerning their order. They may therefore open the package before signing any shipping documents. By signing the delivery slip, the Customer acknowledges having received the order described on the slip, in good condition.

If the Customer notices that the package is obviously damaged (open package, trace of liquid, etc.), he undertakes to refuse it and to request its return to SEKAYA, who, noting the poor condition of the returned package, will offer the Customer either (i) to send him one or more identical or similar Product(s) to the Product(s) ordered by him, or (ii) to reimburse the Customer up to the amount of the defective Product(s) as soon as possible.

Upon opening the package, if the Customer finds that the Products are damaged, defective, or do not correspond to their order, they must submit a detailed written complaint to SEKAYA by email. sav@muscintime.com or by post to the following address: SEKAYA, Consumer Service, 38 Cours Albert 1er, 75008 Paris. The Customer must return the Product(s) to SEKAYA at the following address: LOG'S Tigery | BIGBLUE MUSIC Returns 1 RUE DE L'ESPACE SCHENGEN PARC LOGISTIQUE DISTRIPOLE PARIS SUD BATIMENT E 91250 TIGERY, FR.

After review and on a case-by-case basis, SEKAYA may issue a refund for the product(s), excluding any exchanges. Return shipping costs will be reimbursed to the customer in this case.

Refunds will be issued within fourteen (14) days of receipt of the Products by SEKAYA.

SEKAYA will make refunds directly to the payment method used by the Customer when placing their order.

The Customer is bound to SEKAYA by the information relating to their contact details and to the delivery and billing details, if these are different.

Therefore, in the event of an error in the wording of the recipient's contact details (including name, surname, street number and name, postal code, city name, telephone number or email address), SEKAYA cannot be held responsible for any inability to deliver the order.

ARTICLE 7. LOYALTY PROGRAM

7.1: General Information

SEKAYA offers the Customer a loyalty program allowing them to accumulate points that can be converted into discount vouchers and used from the next order (hereinafter the " Loyalty program ".

SEKAYA reserves the right, at any time, to modify the terms of operation of the Loyalty Program or to delete it.

SEKAYA cannot guarantee that the unused balance will be reusable in any form whatsoever in the event of an evolution or a definitive end of the Loyalty Program.

No modification or cancellation of the Loyalty Program will entitle the Customer to any compensation.

7.2: Membership

Membership in the Loyalty Program is free and automatic upon creation of an account by the Customer.

Each Customer is deemed to have accepted the Loyalty Program when creating their customer account, or failing that, by accepting these Terms and Conditions when placing an order.

 

7.3: Jackpot

Points can be accumulated by the Customer according to the accessible scale here. 

One point is awarded for every euro spent by the Client. Bonus points may be awarded to the Client for completing tasks detailed in the scale mentioned above.

The amount received cannot be transferred to a third party, nor refunded by SEKAYA.

The Client can check their account balance at any time in their personal space. It should be noted that the balance is updated once payments have been received by SEKAYA or once the tasks have been completed and validated by SEKAYA.

If the Customer cancels their order or returns part or all of the Products ordered, then the points received for the cancelled order or returned Products will be deducted from their balance.

7.4: Operation

The Customer will be able to convert all or part of their savings into a discount voucher by applying their points to their basket.It should be noted that the Customer chooses the amount to convert, up to the limit of the amount in their account. This discount voucher takes the form of a personalized promotional code according to the available scale. here.

The conversion of points obtained by the Client must take place within one (1) year from the date they were obtained.

Discount vouchers are valid on all products on the website. Discount vouchers cannot be combined. Only one discount voucher may be used per order.

Discount vouchers are valid for one (1) year. Their use is subject to a minimum purchase amount as specified on the Website. 

If a discount voucher has been used for a cancelled order, then the discount voucher is permanently lost.

Any conversion of the cashback balance into a discount voucher is final. The customer cannot change the converted amount.

The Customer agrees to use the Loyalty Program in accordance with these Terms and Conditions. Otherwise, SEKAYA reserves the right to revise the benefits the Customer has received under the Loyalty Program.

ARTICLE 8 : MEETING PROGRAM

8.1. Principle of the Referral Program

The sponsorship program (hereinafter the "Program") allows any Client registered on the Site (hereinafter the "Godfather") to recommend the Site to one or more individuals who have not yet made a purchase on the Site (hereinafter the "Godson").

SEKAYA reserves the right, at any time, to modify the operating procedures of the Program or to delete the Program.

No modification or deletion of the Program will entitle the Client to any compensation.

8.2. Eligibility Requirements and Points System for the Referrer

The referrer will receive points that can be converted into discount vouchers for each successful referral. Points are credited to the referrer's account after the referred customer confirms their purchase and can be used for future purchases only on the Site, provided all Program terms and conditions are met.

Points cannot be transferred or exchanged for money.

The points awarded to the Referrer are valid for a period of one (1) year from the date of award. After this period, any unused points will automatically expire.

8.3. Eligibility Conditions and Points System for the Referred Member

The referred customer must be someone who has not yet made a purchase on the Site. To benefit from the discount voucher, the referred customer must place a first order (provided that it meets the minimum purchase amount stipulated on the Site at the time of placing their order) using the unique referral link provided by the referrer.

The discount voucher applies exclusively to the first order of the Referred Customer, provided that it complies with the eligibility conditions.

8.4.Exclusions and Restrictions

The referred customer can only benefit from the discount offered by the voucher for their first order placed on the Site.

The Program is intended for personal and non-commercial use only. In the event of proven fraud, abuse, or attempted manipulation of the system (such as the creation of fictitious accounts or the use of false information), SEKAYA reserves the right to cancel the points awarded and suspend access to the Program for the Referrer and/or the Referred Member concerned.

ARTICLE 9. RIGHT OF WITHDRAWAL

The Customer has a period of fourteen (14) clear days from the date of receipt of the delivered Product(s) to exercise their right of withdrawal without having to justify their decision or pay any penalty. When the fourteen (14) clear day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

To exercise the right of withdrawal, the Customer must notify SEKAYA by registered letter with acknowledgment of receipt to the following address: SEKAYA, Customer Service, 38 Cours Albert 1er, 75008 Paris, or by email to the address sav@muscintime.com, The customer must notify SEKAYA of their decision to withdraw by means of an unambiguous statement expressing their intention to withdraw, including their identity, delivery and billing addresses (if different), order number, and the date of receipt of the order. To this end, SEKAYA provides the customer with a model withdrawal form, which is included in Appendix 1 hereto.

SEKAYA will acknowledge receipt of the withdrawal by email.

The Customer undertakes to return the Products for which he exercises his right of withdrawal, at his own expense, within fourteen (14) days following notification to SEKAYA of his right of withdrawal.

To facilitate the refund, the product(s) must be returned unused, complete in their original packaging and condition (accessories, instructions, etc.) to the following address: : BIG BLUE LOG'S Tigery - Distripole Paris Sud Logistics Park, 1 rue de l'espace Schengen in Tigery (91250), France. However, the Customer may not exercise their right of withdrawal and therefore return the Products if the delivered Products have been unsealed by them after delivery and consequently cannot be returned for hygiene or health protection reasons.

If the aforementioned conditions are met, SEKAYA will reimburse the Customer, within a maximum of fourteen (14) days from the date of notification of the right of withdrawal, for the amounts corresponding to the Products for which the Customer has exercised their right of withdrawal within the allotted period. The shipping costs associated with returning the Products remain the responsibility of the Customer. It should be noted that SEKAYA does not accept packages sent with postage due.

However, the refund by SEKAYA may be deferred until the returned Products are received or until the Customer provides proof of shipment of the Products.

Furthermore, SEKAYA will not be required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the delivery method offered by SEKAYA under this agreement.

The refund will be issued via the payment method used by the Customer when placing the returned order.

ARTICLE 10 : EVIDENCE

The Customer expressly acknowledges that the entry of any identifier or personal information when placing an order as a guest or their payment information in the context of a guest payment, constitutes proof of their identity and signifies their consent to all operations that will be carried out on the Site following their identification.

The Client must ensure that their email address remains valid during their registration period on the Site, otherwise they may no longer be able to access it.

A Client's account is strictly personal and therefore cannot be transferred, by any means whatsoever, to a third party, even free of charge.

The Client expressly agrees that SEKAYA's automatic recording systems shall be considered valid proof:
- the use of his/her identifier, and the dates and times of that use,
- content saved by the Client in their "My Account" area,
- the nature, substance, date and time of all correspondence with SEKAYA staff conducted through the Site or the tools offered on the Site,
- and, more broadly, all information exchanged via the Site between SEKAYA and the Client.

SEKAYA shall not be held liable for any harm suffered by the Client as a result of a third party's use of their login credentials. In the event of loss, misappropriation, or fraudulent use of all or part of their login credentials, the Client must immediately notify SEKAYA. The Client remains responsible for any use made of their login credentials before notifying SEKAYA and allowing SEKAYA a reasonable timeframe to modify them. Should a Client disclose or use their login credentials in a manner contrary to their intended purpose, SEKAYA reserves the right to terminate the contract and delete access to the "My Account" area and saved files, without prior notice or compensation. SEKAYA may also take legal action to obtain compensation for any harm it may suffer as a result of such disclosure or use.

These stipulations are expressly considered to be substantial between the parties.

ARTICLE 11. WARRANTY

SEKAYA undertakes to comply with the legal guarantee of conformity provided for in Articles L217-3 et seq. of the Consumer Code as well as the legal guarantee against defects in the thing sold provided for in Articles 1641 et seq. of the Civil Code.

11.1 Legal guarantee of conformity

SEKAYA is obliged to deliver goods that conform to the order placed by the Customer and must be held responsible for any defects in conformity existing at the time of delivery.

The legal guarantee of conformity applies depending on whether the goods supplied to the Customer must:

1- possess the qualities advertised by the seller

2- be fit for the purpose for which it is normally used

3- be delivered with all the accessories stipulated in the contract (packaging, instructions, etc.)

4- correspond to the quantity, quality and any other characteristics advertised by the seller

When the Customer acts under the legal guarantee, he/she:

- Benefits from a period of 2 (two) years from the delivery of the property to take action;

- May choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-12 of the Consumer Code;

- Is exempt from providing proof of the lack of conformity of the goods during the 24 (twenty-four) months following delivery of the goods, with the exception of second-hand goods where the aforementioned period is reduced to 6 (six) months.

This legal guarantee of conformity applies independently of any additional commercial guarantees offered by SEKAYA. The Customer may also invoke the guarantee against hidden defects.

11.2 Warranty against hidden defects in the item sold

Furthermore, the Customer may choose to invoke the warranty against hidden defects in the goods sold, in accordance with Article 1641 of the Civil Code. In this case, the Customer may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

In the event of implementation of the warranty against hidden defects, the Client benefits from a period of 2 (two) years from the discovery of the hidden defect to take action, in accordance with Article 1648 of the Civil Code.

ARTICLE 12. DATA PROCESSING AND FREEDOM OF INFORMATION

12.1. Protection of personal data

Within the framework of the contractual relationship, SEKAYA is required to collect and process personal data concerning the Client, necessary in particular for order management, payment, delivery of products and after-sales service.

These processing operations are carried out in accordance with applicable regulations regarding the protection of personal data and the provisions of SEKAYA's Privacy Policy, which is accessible at any time on the Website. : https://muscintime.fr/policies/privacy-policy.   

This Policy describes in detail the data controller, the purposes of the processing, their legal bases, the recipients of the data, the retention periods, as well as the rights available to the Client under the General Data Protection Regulation (GDPR) and the French Data Protection Act.

The Client is invited to consult this Policy to obtain complete information on the processing of their Personal Data and on the methods of exercising their rights (access, rectification, erasure, objection, limitation, portability, withdrawal of consent and postmortem directives).

For any questions relating to his Personal Data or to exercise his rights, the Client can contact SEKAYA according to the procedures indicated in the Privacy Policy.

12.2.The use of "cookies"

In order to improve the browsing experience and to offer services tailored to the interests of its Customers, SEKAYA uses cookies and other trackers.

The operating procedures of these tools, the purposes pursued, the retention periods as well as the means made available to the user to accept, refuse or configure these cookies are detailed in the Site's Cookie Policy.

 

The user is invited to consult this Cookie Policy at any time by clicking on the following link: XXX. 

Use of the Site implies acceptance of the terms of use of cookies as defined in said Policy.

 

ARTICLE 13. CONSUMER SERVICE

For any information, complaint, question or advice, the Customer can contact the "SEKAYA Consumer Service" at the following contact details:

- Email: sav@muscintime.com

- Postal address: SEKAYA, Consumer Service, 38 Cours Albert 1er, 75008 Paris.

ARTICLE 14. CUSTOMER REVIEW

SEKAYA guarantees that customer reviews marked "verified review" on the Site are from customers who actually placed orders on the Site. After placing their order, customers are invited by email to leave a review only on the product(s) they ordered and to rate the product on a scale of one to five stars.

Reviews and ratings are for informational purposes only. Furthermore, the rating displayed on the product page represents an average of customer ratings for that product and is therefore subject to change.

The submission of a review by the Customer is done without any compensation.

Reviews are sorted chronologically or, where applicable, by the sorting method chosen by the Client.

By submitting a review on the Site, the Customer expressly and freely consents to SEKAYA disseminating and reproducing all or part of their review, as well as their pseudonym, by any means of reproduction and representation and on all media worldwide, for a period of 10 years.

This authorization notably includes the possibility for SEKAYA to freely and without charge use all or part of the Client's reviews and pseudonyms, to translate and reproduce them, in particular on all of SEKAYA's e-shops, social networks and third-party merchant sites (e.g.:  marketplaces).

ARTICLE 15. INTELLECTUAL PROPERTY

SEKAYA holds all intellectual property rights and/or exploitation rights, in particular under copyright, database rights and trademark law, relating to the Site, its content and all its constituent elements.

The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of SEKAYA or, where applicable, of their respective owners with whom SEKAYA has entered into usage agreements.

They may not be reproduced, used or displayed in any way without the express written permission of SEKAYA, under penalty of legal action.

SEKAYA grants the Client a non-exclusive, personal, and non-transferable right to use the Site and the original intellectual works and data it contains. This right consists of (i) the right to view the original intellectual works and data contained on the Site online and (ii) the right to reproduce them by printing and/or saving them. This right of use is granted solely for strictly private purposes.

Any other use of the Site, and in particular commercial use, by the Client is prohibited without the express written authorization of SEKAYA.

The Client is prohibited, in particular, but not limited to, reproducing and/or representing for any use other than private, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, disseminating and communicating in whole or in part in any form whatsoever, for commercial or non-commercial purposes, any original work of the mind or data contained on the Site.

Furthermore, the domain name of the Site " muscintime.fr belongs to SEKAYA.

ARTICLE 16. HYPERLINKS

Any hyperlink to the Site, regardless of the type of link, must be authorized in advance by SEKAYA, either in writing or electronically. This authorization may be revoked at any time at SEKAYA's sole discretion. SEKAYA reserves the right to (i) request the removal of any link to the Site that has not been, or is no longer, authorized and (ii) claim damages for any resulting harm.

The Site may include hyperlinks to other websites or internet resources external to the Site. At the time of their creation, SEKAYA ensured, to the extent possible, that these websites and other internet resources did not contain content that violated French law.

However, since SEKAYA cannot continuously monitor these external sites and resources, it cannot ensure that these sites and resources remain permanently compliant with legal requirements.

Consequently, SEKAYA cannot be held responsible for the provision of these external sites and resources except insofar as the page or internet resource to which a hyperlink was created contained content that violated French law at the time of its creation.

SEKAYA therefore cannot be held liable for the content, advertisements, products, and services available on or from these external sites or resources offered after the creation of the hyperlink on its Site. By express agreement, it is the Client's responsibility to provide proof that the said hyperlink was created after the dissemination of this content, advertisements, products, or services.

Apart from this case, the Client therefore acknowledges that SEKAYA cannot be held liable for any actual or alleged damages or losses resulting from or related to the use of, or reliance on, the content, advertisements, products or services available on these external sites or resources.

If, during a search conducted on the Site, the result leads a Client to sites, pages or forums whose title and/or content constitutes an infringement of French law, given in particular that SEKAYA cannot control the content of these external sites and sources, he must interrupt his consultation of the site concerned unless he incurs the penalties provided for by French legislation or is liable to legal action initiated against him.

Finally, if, despite SEKAYA's efforts, one of the hyperlinks on the Site points to a website or internet resource whose content is or appears to be non-compliant with the requirements of French law for a Client, the Client agrees to immediately contact the publication director to provide the address of the pages of the website in question. SEKAYA then agrees to review the website and inform the Client of the action it intends to take within a reasonable timeframe. The Client agrees not to initiate legal proceedings against SEKAYA before receiving a response from SEKAYA within a reasonable timeframe. The Client also agrees not to initiate legal proceedings against SEKAYA unless SEKAYA refuses to remove the link.

ARTICLE 17. FORCE MAJEURE

SEKAYA will not be held liable for any failure, delay or non-performance of its obligations under the General Terms and Conditions, when such failure, delay or non-performance is due to a case of force majeure.

Specifically, the following are considered force majeure or fortuitous events, in addition to those usually recognized by French case law: total or partial strikes, internal or external to SEKAYA, lockouts, bad weather, blockages of means of transport or supply for any reason whatsoever, governmental or legal restrictions, any epidemic accompanied by public health measures, legal or regulatory changes to marketing methods, computer failures, telecommunications blockages, failure or malfunction of internet transmission networks and any other event beyond the control of the parties, preventing the normal execution of the General Terms and Conditions.

Furthermore, the Client acknowledges the complexity of global telecommunications networks, the varying capacities of different subnets, and the peak traffic times for users in certain areas of the internet. As current internet transmission protocols cannot guarantee the reliable and continuous reception of messages and the integrity of transmitted documents, SEKAYA cannot be held liable for any transmission errors resulting from failures or malfunctions of these transmission networks.

ARTICLE 18. MEDIATION

In the event of any dispute arising in connection with these Terms and Conditions, their interpretation and consequences, or with any acts supplementing or modifying them, the Client shall contact SEKAYA in an attempt to reach an amicable solution. All complaints to SEKAYA must be submitted in writing.

In the absence of an amicable settlement, the Client may choose:

• to resort to an amicable mediation solution within a maximum period of one (1) year from the date of the written complaint submitted by the Client to SEKAYA by using:

• to the SEKAYA mediator, accessible by going to here, or by mail addressed to CNPM - MÉDIATION – CONSOMMATION, 27, avenue de la Libération – 42400 SAINT-CHAMOND, by completing the online form available on the website and attaching supporting documents to your request. CNPM - MÉDIATION – CONSOMMATION will acknowledge receipt of your request and appoint a qualified mediator to handle your case. The mediator will then notify the relevant professional of the mediation request after verifying its admissibility. ;

• to the online dispute resolution system accessible by clicking : https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/informal-alternative-dispute-resolution/index_fr.htm, It should be noted that the proposed mediation process cannot be a prerequisite for the Client to bring the matter before the competent courts;

• to bring his claim before the competent French courts.

ARTICLE 19. GENERAL PROVISIONS

19.1. Entirety of the General Terms and Conditions

These General Terms and Conditions express the entirety of the obligations of SEKAYA and the Client relating to their subject matter.

The failure of either Party to enforce any of the obligations set forth herein shall not be construed as a waiver of such obligation.

19.2. Partial invalidity

In the event that one or more provisions of these General Terms and Conditions are considered null and void, deemed unwritten or declared as such pursuant to a law, regulation or following a decision of a competent court having the authority of res judicata in last resort, the other provisions shall retain their full force and scope and remain fully applicable, unless the invalid provision(s) were of a substantial nature and their disappearance would call into question the contractual balance.

19.3. Amendment of the General Terms and Conditions of Sale

SEKAYA reserves the right to modify these Terms and Conditions at any time and without prior notice, particularly to take into account any legal, jurisprudential, and/or technical developments. Therefore, all modifications will take effect immediately upon implementation and will apply to all Clients.

The applicable terms and conditions are those in effect on the date of payment (or the first payment in the case of payments in installments) of the order.

19.4. Titles

In case of difficulties of interpretation between any of the headings mentioned in these clauses and one of these clauses, these headings shall be declared non-existent.

19.5.Applicable law and dispute resolution

The relationship between SEKAYA and the Client is subject to French law without prejudice to the right of the latter, who may be resident outside French territory, to invoke mandatory provisions of his national law.

 

In the event of a dispute relating to these Terms and Conditions, their interpretation and consequences or any addendum or modification thereof, the Client shall meet with SEKAYA in an attempt to reach an amicable solution.

In the absence of an amicable settlement, any dispute or litigation relating to the existence, interpretation, or execution of these Terms and Conditions shall be subject to the jurisdiction of the competent courts, in particular those of the Client's place of residence.

Terms and Conditions version: April 2026

APPENDIX 1: MODEL WITHDRAWAL FORM

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

To the attention of SEKAYA, Consumer Service, 38 Cours Albert 1er, 75008 Paris

Email: sav@muscintime.com

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) below:

Ordered on (*)/received on (*):

Client Name:

Customer Address:

Customer Signature (only if this form is submitted on paper)) :

Date :

(*) Delete as appropriate