Terms of sale

GENERAL PRINCIPLES

These general terms and conditions of sale govern all sales concluded between:

• NOSSA FRUITS SAS, with share capital of 101,058 euros and registered with the Paris Trade and Companies Register under unique identification number 788 957 033, whose registered office is located 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”) via Nossa ! Fruits’ online sales website www.nossa-acai.com.

Right of access to and modification of information: CNIL declaration no. 1977618

The personal information voluntarily provided by the aforementioned buyer and obtained from this website will remain confidential and will not be transferred or made accessible to third parties. In accordance with Article 34 of the French Data Protection Act of 6 January 1978, you have the right to access, rectify, modify and delete information concerning you.

 

II – THE ORDER

These General Terms and Conditions of Sale cancel and replace all of the Buyer’s general purchasing terms and conditions or other provisions. Placing an order implies the Buyer’s full and unreserved acceptance of these General Terms and Conditions of Sale, acceptance of the prices and descriptions of the Products available for sale, notwithstanding any contrary provisions or purchasing conditions. Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions carried out between the Seller and the Buyer. The latter may modify their basket before final validation (the “BUY” button), this step formalizing the sales contract between the Seller and the Buyer. Nossa Fruits undertakes to fulfill orders received on the website only within the limits of available stocks of the Products.

In certain cases, particularly non-payment, an incorrect address or another issue relating to the order, the Seller reserves the right to block the Buyer’s order until the issue has been resolved.

 

III – DELIVERY

Products purchased from Nossa ! Fruits’ online store www.nossa-acai.com are delivered in mainland France by Chronopost Freeze. Chronopost Freeze guarantees that the cold chain will be maintained at -18°C until delivery to the Buyer. The Products are dispatched on Thursday and delivered on Friday. When the Products are dispatched, the Buyer receives an email and an SMS confirming the delivery time and date. These details may be modified at the Buyer’s request. The Products are delivered to the delivery address indicated by the Buyer during the ordering process. Any return resulting from an address error or an inability to deliver not attributable to the Seller will be charged at the cost charged by Chronopost Freeze.

In the event of a stock shortage of an item that may cause a delay in delivery, an email will be sent to notify you. Only Products that cannot be delivered due to a stock shortage will be refunded. We cannot be held liable for consequences resulting from a delay in transit.

Furthermore, you must notify us and the carrier of any reservations concerning the delivered Product (for example: damaged or already opened parcel, etc.) within 3 days following receipt of the Product.

 

IV – WARRANTIES

Products sold on the Seller’s website are subject to the statutory warranties of conformity provided for by Article L.211-4 of the French Consumer Code and the warranty against latent defects provided for by Articles 1641 et seq. of the French Civil Code, allowing the Buyer to return defective items delivered.

Article L211-4 of the French Consumer Code

The Seller is required to deliver goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. The Seller is also liable for defects in conformity resulting from the packaging, assembly instructions or installation where the latter was contractually assigned to the Seller or was carried out under the Seller’s responsibility.

 

V – PRICE – PAYMENT AND PAYMENT SECURITY

Prices are indicated in euros, inclusive of all taxes. These prices exclude the flat-rate contribution towards processing costs (postage, packaging and preparation of the parcel according to the applicable amounts). They take into account the VAT applicable on the date 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 change its prices at any time, but the Products will be invoiced on the basis of the prices in force when the orders are recorded, subject to availability on that date. The Products remain the property of the Seller until the price has been paid in full to the Seller.

The Buyer shall pay for their purchases:

– online when placing the order by bank card: Carte Bleue, Visa, Mastercard. Payment data is transferred using SSL encryption via the PayPal payment module. You can therefore make your purchase securely;

– by PayPal transfer: the Buyer must then hold a PayPal account with the necessary funds.

 

VI – CUSTOMER SERVICE

For any information or questions, you may 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 owns, or holds the rights to, all elements comprising this website. Any reproduction, representation, distribution or redistribution, in whole or in part, of the content of this website by any means whatsoever without Nossa Fruits’ express prior authorization is prohibited and would constitute an infringement punishable under Articles L 335 – 2 et seq. of the French Intellectual Property Code.

The trademarks of the publisher of the website www.nossa-acai.com and of 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 using elements of the website without the Seller’s express authorization is therefore prohibited pursuant to Article L 713 – 2 of the French Intellectual Property Code.

 

VIII – GOVERNING LAW – LANGUAGE – DISPUTES

These General Terms and Conditions of Sale, as well as 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 settlement with professionals, the Paris Commercial Court shall have exclusive jurisdiction. In the absence of an amicable settlement, the French courts shall have exclusive jurisdiction.