General Conditions of Use and Sale
Date updated: August 20, 2021
These General Conditions of Sale (hereinafter the “CGV”) are offered by Nüttree SARL, SIRET N° 89025459200011, domiciled at 67 montere de Saint Menet - 13011 MARSEILLE (hereinafter “THE SELLER”). THE SELLER offers, through its website http://www.nuttree.fr (hereinafter the “Site”), Food Products (hereinafter the “Products”).
Each customer acknowledges having read, in a readable and understandable manner, these CGUV as well as all the information necessary for the execution of these, in accordance with articles L.111-1 to L.111-8 of the Code of consumption, prior to placing your order and before any conclusion of your contract with Nüttree SARL, SIRET 89025459200011.
1. APPLICATION AND ENFORCEMENT OF THE CGUV
These General Terms and Conditions apply to any use of the Site as well as to any order of Products by any customer, natural person, acting for purposes which do not fall within the scope of their professional activity or any customer, natural or legal person. , acting within the framework of its commercial, industrial, artisanal or liberal activity (hereinafter the “Client”) carried out on the Site, from September 1, 2019.
The purpose of these General Terms and Conditions is to define the conditions for ordering the Products, and to determine the respective rights and obligations of each party in the context of the supply of the Products. Unless otherwise agreed in writing by the parties, these CGUV take precedence over any contrary clauses arising from previously drawn up general conditions, and thus apply to the exclusion of any other agreement. These CGUV must be considered as an integral and essential part of the contract concluded. between THE SELLER and each of its Customers.
These General Terms and Conditions are systematically notified to the Customer when creating their personal account on the Site and placing their order on the Site.
Each Customer must necessarily read them and accept them in order to be able to validate their order on the Site.
This acceptance consists of checking the box corresponding to the sentence of acceptance of these CGUV, such as, for example, “I acknowledge having read and accepted all of the general conditions of sale published on the Site”.
Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
In the event of modification and/or adaptation of these General Terms and Conditions by THE SELLER, only the version in force on the day of the Customer's order on the Site will be validly applicable.
The Customer will be informed of any modifications made herein, upon subsequent connection to the Site, by a notification published on the Site.
The fact that THE SELLER does not avail itself, at a given moment, of any of the provisions of these CGUV cannot be interpreted as a waiver of its right to avail itself subsequently. THE SELLER invites each Customer to read these CGUV carefully. , to print and/or save them on any durable medium, before ordering any Product on its Site.
2. ACCESS AND AVAILABILITY OF THE SITE
THE SELLER offers free access to its Site, the Customer remaining in any event responsible for its computer equipment and its Internet connection, the costs of which are at its expense.
Access to the Site can be achieved:
• from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet navigation software (such as Internet Explorer, Mozilla Firefox, etc.) ;
• a telephone terminal with access to a telecommunications network allowing access to the Internet network (3G, 4G, Edge, wifi connection etc.).
THE SELLER makes its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER cannot be held responsible for the possible impact of this unavailability on the Customer's activities. The Customer is warned of the technical hazards inherent to the Internet and access interruptions which may result.
Consequently, THE SELLER cannot be held responsible for any unavailability or slowdowns of the Site.
The Customer is informed that the SELLER's servers are hosted by the company
The site is hosted by Shopify Inc, whose head office is located at 126 York St. Ottawa, ON K1N 5T5, in Canada.
Any failure by the Customer to fulfill its obligations under these General Terms and Conditions may result in the suspension or prohibition of the Customer's access to the Site.
3. TERMS OF CONCLUSION OF THE CONTRACT
Orders for Product(s) are made via the Site.
Having a personal user account is a necessary and obligatory prerequisite in order to order Products on the Site.
The creation of a user account is done using the following mandatory fields: Name, first name, address, email.
The user account allows access to a personalized interface, to manage your profile and your orders.
However, in the event of information, the Customer chooses directly on the Site the Product(s) he wishes to order.
THE SELLER strives to provide visuals and descriptions that are as faithful as possible to the Products.
However, these visuals and illustrative texts are not contractual, the Customer cannot hold the SELLER liable in this respect.
The Customer is required to provide a certain amount of information concerning him in order to validate his order.
All orders must be duly completed and must contain such information as is strictly necessary for the order.
The Customer is responsible for the veracity, accuracy and relevance of the data provided. The Customer may make changes, corrections, additions or even cancel his order, until the order is validated. here on the order summary page, before payment.
4. PRICES AND PAYMENT TERMS
4.1. Access to the Site as well as the presentation of the Products is free for the Customer. Only the order of one or more Products will be subject to payment by the latter. The prices of the Products are mentioned on the Site in euros and all taxes included. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of the Products delivered may vary depending on the place of delivery, the prices of Products to destinations outside the European Union are not subject to VAT. The prices of the Products and any additional costs linked to the order are clearly indicated. and understandable, on the order summary. Before placing the order, the Customer is required to confirm this summary.
4.2. Payment terms Prices will be invoiced on the basis of the rates in force at the time of the order. An invoice summarizing all the Products ordered by the Customer as well as their respective cost will be systematically sent to the latter. The Customer will pay the price, directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose. Payment by the Customer is a necessary prerequisite for the validation of his order. Failure to pay on the due date will automatically result, without prior notice and as of right, in the suspension or invalidation of the order. order from the Customer, without prejudice to any other course of action.
The delivery costs relating to his order are indicated to the Customer before any payment for his order and only concern deliveries made in mainland France. For any other delivery location, it will be up to the Customer to contact customer service. Unless otherwise stated on the Site during the order process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing in relation to the delivery note, damaged package, broken or damaged Products, etc.). If the Customer's package is returned by the Post Office or by other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask them what action to take on their order.
If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment.
Postal costs must be paid even for orders for which shipping costs were free when ordering.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30) days from the date of delivery. conclusion of the contract may result in the termination of the sale at the initiative of the Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the SELLER to make delivery he has not complied.
The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
6. RIGHT OF WITHDRAWAL
The Site only offers for sale Products for which the Consumer Customers' right of withdrawal cannot apply, under Article L.221-28 of the Consumer Code: supply of goods which cannot be returned for reasons of hygiene or health protection.
The Customer acknowledges having read them prior to the sale in these General Terms and Conditions. In particular, Services beginning immediately after purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal.
The right of withdrawal cannot be exercised in the context of the supply of digital content not supplied on a material medium whose execution began before the end of the withdrawal period with the Customer's express waiver of his right of withdrawal.
7. PRODUCT WARRANTY
When acting under a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
He has a period of two years from the discovery of the defect. The postponement, suspension or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day of birth of the right in accordance with article 2232 of the Civil Code.
All Products acquired on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:
7.1. Legal guarantee of conformityAccording to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have not purchased the Product or would not have purchased it at such a price if he had known of the defect). Complaints, requests for reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of their order.
The costs of the refund procedure (in particular the return shipping costs of the Product) will remain the responsibility of the SELLER.
7.2. Legal guarantee against hidden defectsAccording to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer does not would not have purchased the Product or would not have purchased it at such a price if he had known of the defect). Complaints, requests for reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of their order. The costs of the refund procedure (in particular the return shipping costs of the Product) will remain the responsibility of the SELLER.
Each party assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
8.1. Customer Responsibility
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order. The SELLER cannot be held liable in this respect.
The Customer is thus solely responsible towards the SELLER and, where applicable, third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated to occasion hereof, as well as any breach on its part of these contractual stipulations.
The Customer is, moreover, solely responsible for the choice of the Products he has ordered via the Site.
All Customers undertake not to use the Site in contravention of all laws, rules and regulations in force.
8.2. Responsibility of the SELLER
THE SELLER implements all measures to ensure that the Customer is supplied, under optimal conditions, with quality Products. It assumes full responsibility for the Products that it offers and sells to Customers through the Site and will solely handle potential complaints relating to said Products.
THE SELLER cannot, however, be held responsible for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure.
THE SELLER ensures the proper functioning of the Site but cannot under any circumstances guarantee that it is free from anomalies or errors and that it operates without interruption.
THE SELLER cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the services of the Customers' access provider, or those of the Internet network.
9. FORCE MAJEURE
“Force majeure” is defined as any event beyond the control of one of the parties and incapable of being reasonably foreseen at the time of the conclusion of these CGUV.
Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit the effects.
Neither party will be held responsible towards the other for the non-execution or delays in the execution of an obligation arising from these CGUV which would be due to the act of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.
The case of force majeure suspends the obligations arising from these CGUV for the entire duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of the Article 1218 of the Civil Code in order to justify the end of its contractual relationship with the other party.
However, if the case of force majeure lasted for more than thirty (30) consecutive days, it would give rise to the right to the automatic termination of these CGUV by one or the other of the parties, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the operating authorizations.
THE SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyright relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, broadcast and/or communication, in any form whatsoever, commercial or not, of all or part of the brand and/or a work of the original spirit or data contained on the Site is strictly prohibited.
The Customer also refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of the SELLER.
11. PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account on the Site as well as his order of Products on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, Files and Liberties, as amended by Law No. 2016-1321 of October 7, 2016 and European Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter the “GDPR”).
THE SELLER makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by THE SELLER and the rights that the Customer has with respect to regarding this personal data.
THE SELLER uses “cookies” in order to obtain statistical processing and improve the Customer's browsing experience. THE SELLER implants a “cookie” in the Customer's computer with his prior consent. The Customer has the option of refusing cookies when visiting the Site.
The retention period of this information on the Customer's computer is 13 months.
THE SELLER undertakes never to communicate the content of these “cookies” to third parties, except in the event of legal requisition.
The Customer may, in addition, oppose the recording of “cookies” by configuring their browser software. To do this, the Customer will configure their browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activate-deactivate-cookies
13. HYPERTEXT LINKS
The Site may include hypertext links to other sites.
THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties which the Customer accesses via the Site.
In addition, THE SELLER cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the SELLER's efforts, one of the hypertext links present on the Site pointed to a site or an internet source whose content was or appeared not to comply with the requirements of French law to a Customer, the latter undertakes to immediately contact the publication director of the Site, whose contact details appear in the legal notices published on the Site, in order to communicate to him the address of the pages of the third party site in question.
THE SELLER will then do what is necessary to delete the hyperlink concerned.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
These CGUV are governed by French law. In the event of a dispute to which these CGUV (or one of their clauses) and/or the relations between the parties could give rise, the Consumer Customer may seize at his choice, in addition to one of the territorially competent courts under the Code of Civil Procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
The professional Customer must refer the matter to the Court in whose jurisdiction the SELLER has its registered office. According to article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to have free recourse to a mediator of consumption with a view to amicably resolving the dispute between him and a professional.
To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of consumer code, may be the subject of an amicable settlement by mediation with the following mediator: Mediator of the Médicys approved mediation center. To submit their dispute to the mediator, the Customer can: (i) complete the form on the site mediator internet: http://www.medicys.fr/index.php/consommateurs/; or, (ii) send your request by simple or registered mail to the Mediator of the Médicys approved mediation center, or, (iii) send an email to email@example.com. Please note that mediation is not obligatory but only proposed in order to resolve disputes by avoiding recourse to justice.
15. CUSTOMER SERVICE
The customer service of this Site is accessible by email at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notices.