Terms and Conditions of Sale
GENERAL PRINCIPLES
The present general conditions of sale govern all sales concluded between :
• NOSSA FRUITS SAS, a company with a share capital of 101,058 euros, registered with the Paris Trade and Companies Register under unique identification number 788 957 033, with its principal place of business at 80 rue des Haies, 75020 Paris, hereinafter referred to as “the Seller,” and
• Any person wishing to make a purchase (the “Buyer”) of packaged products (the “Products”) through the Nossa! Fruits online store at www.nossa-acai.com.
Right of access, modification of information : CNIL declaration n° 1977618
The personal information voluntarily communicated by the said buyer and obtained from this site will remain confidential and will not be transferred to third parties. In accordance with article 34 of the law "Informatique et Libertés" of January 6, 1978, you have the right to access, rectify, modify and delete information concerning you.
II - THE ORDER
These GTC cancel and replace any general terms and conditions of purchase or other stipulation of the buyer. The fact of placing an order implies the buyer's full and unreserved acceptance of these GCS, the acceptance of the prices and description of the products available for sale, notwithstanding any contrary provisions or conditions of purchase. In the absence of proof to the contrary, the data recorded by the Seller shall constitute proof of all transactions between the Seller and the buyer. The latter has the possibility to modify his basket before the final validation ("BUY" button), this step formalizing the contract of sale between the Seller and him. The company Nossa Fruits undertakes to honour orders received on the website only within the limits of available stocks of products.
In certain cases, including non-payment, incorrect address or other problem related to the order, the Seller reserves the right to block the buyer's order until the problem is resolved.
III - DELIVERY
Products purchased from the Nossa! Fruits online store at www.nossa-acai.com are delivered to mainland France by Chronopost Freeze. Chronopost Freeze guarantees that the cold chain is maintained at -18°C until delivery to the buyer. Products are shipped on Thursday and delivered on Friday. When the Products are shipped, the buyer receives an email and a text message confirming the time and date of delivery. These details can be modified at the buyer’s request. Products are delivered to the shipping address the buyer provided during the ordering process. Any returns due to an incorrect address or an inability to deliver that is not attributable to the Seller will be billed at Chronopost Freeze’s standard rates.
In the event of stock shortage of a reference that may cause a delay in delivery time, an email will be sent to you to warn you. Only the products that cannot be delivered because of an out-of-stock condition will be refunded. We cannot be held responsible for the consequences due to a delay in delivery.
In addition, you must notify us and the carrier of any reservations about the product delivered (for example: damaged package, already opened ...) within 3 days of receipt of the product.
IV - GUARANTEES
The products sold on the Seller's site are subject to the conditions of legal guarantees of conformity provided by articles L.211-4 of the Consumer Code and guarantee against hidden defects by articles 1641 and following of the Civil Code allowing the buyer to return defective delivered items.
Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter was made by him under the contract or was carried out under his responsibility.
V - PRICE - PAYMENT AND ITS SECURITY
The prices are indicated in euros all taxes included. These prices do not include a flat-rate contribution to processing costs (postage, packaging and packing of the package according to the amounts in force). They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the products.
The Seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the recording of the orders subject to availability at that date. The products remain the property of the Seller until the price has been paid in full by the Seller.
The Buyer will pay for his purchases:
- online when ordering by credit card: Carte Bleue, Visa, Mastercard. Payment data is transferred using the SSL encryption process via the PayPal payment module. You can therefore make your purchase in complete security;
- by PayPal transfer: the buyer must then have a PayPal account with the necessary funds.
VI - CUSTOMER SERVICE
For any information or question, you can contact our Order Department:
Email: contact@nossa-fruits.com
Address: 80 rue des Haies 75020 Paris
Telephone: 09 67 07 07 74
VII - INTELLECTUAL PROPERTY
Nossa Fruits is the owner, or holder of the rights, of all the elements that make up this site. Any reproduction, representation, distribution or redistribution, in whole or in part, of the content of this site by any means whatsoever without the express prior permission of Nossa Fruits is prohibited, and would constitute an infringement punishable by articles L 335 - 2 and following of the Intellectual Property Code.
The trademarks of the publisher of the website www.nossa-acai.com and its products, as well as the logos appearing on the website, are registered trademarks. Any reproduction, in whole or in part, of these trademarks or logos, based on elements of the website without the express authorization of the Seller, is therefore prohibited under Article L 713–2 of the Intellectual Property Code.
VIII - APPLICABLE LAW - LANGUAGE - DISPUTES
These GTC and all offers or sales are subject to French law. The language is French, any version in another language is for information purposes only. In the absence of an amicable agreement with professionals, the Commercial Court of Paris shall have sole jurisdiction. In the absence of an amicable agreement, the French courts will have sole jurisdiction.