GENERAL TERMS AND CONDITIONS OF SALE – SAS FRUITOFOOD
These conditions of sale define the contractual relationship between Fruitofood. and the buyer and conditions applicable to all purchases made through the merchant site Fruitofood. that the buyer either professional or consumer. The acquisition of property through this site implies an unconditional acceptance by the buyer of these terms and conditions.
These conditions prevail over any other general or special conditions not specifically approved by Fruitofood. Fruitofood has the right to modify these terms and conditions at any time in this case the conditions will be those in effect on the date of the order by the buyer.
Characteristics of the products
The products offered are those listed in the catalog published on the site Fruitofood. These products are offered within the limits of available stocks. Each product is accompanied by a description provided by the supplier; for some of them, labeled DF, the buyer can access the vendor documentation.
The photographs in the catalog are present in products as accurate as possible but can not ensure a perfect similarity with the product, especially with regard to color.
Application of the general conditions of sale- Enforceability of the terms and conditions
These General Terms and Conditions (GTC) are systematically sent or given to each professional buyer for it to order.
Therefore, the placing of an order implies full and unreserved buyer to these Terms, to the exclusion of all other documents such as brochures or catalogs issued by the seller and have only indicative. No particular condition can, except formal written acceptance of the seller, prevail against the GCS. Any contrary condition opposed by the purchaser will, therefore, to express acceptance, unenforceable to the seller regardless of when it may have been brought to its attention.
The fact that the seller does not prevail at a given time of any of these Terms shall be construed as a waiver to take advantage later of any of those conditions.
How to buy online
The buyer who wishes to buy a product must:
Register by completing a form of identification which show all the data requested or identify with its personal identifiers, known only to him.
Fill out the online order form giving all the references of selected products
Validate the order after checking
Make payment within the stipulated conditions (see article.10)
Confirm the order and payment. The confirmation of the order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions. All the supplied data recorded and confirmed valid proof of the transaction. Confirmation worth signing and acceptance of transactions.
Deliveries are made to the address specified in the order that can only be in the area agreed. The risks are borne by the purchaser at the time the goods have left the premises of FRUTOFOOD.
Deliveries are only carried out according to availability and in the order of arrival of orders. The seller is authorized to complete deliveries or partially. Delivery times are listed as accurately as possible, but depend on the possibilities of supply and transportation of the seller. Delivery time overruns due to a force majeure can not give rise to damages, deductions or cancellation of orders. Are considered as force majeure releasing the seller from its obligation to deliver: God, fire, strikes, accidents, impossibility for himself of being supplied. The seller will keep the buyer informed in a timely manner, cases and events listed above. In any event, delivery on time can only intervene if the buyer has met its obligations to the seller, regardless of the cause. The maximum delivery time is provided for 30 days from the order as provided by law 2014-344 of 17 March 2014 on consumption.
In case of damage during transport, the complaint must be made with the carrier within three days of delivery.
The sale of products presented on the site is not subject to restriction territory.
The buyers, non-professional individuals have a withdrawal period of 14 days commencing from the delivery of their order to return your product to the seller for exchange or refund without penalty, except for return costs.
Given the nature of the products and the specificity of packing and transport arrangements, no returns will be accepted if the opening of the product.
All products supplied by the seller have the legal guarantee provided by Article 1641 of the Civil Code. In case of defect or non-conformity of goods delivered, duly noted by the vendor on site, the buyer can obtain a free replacement, or refund of products to choose from the seller to the exclusion of any compensation or damages. It is up to the purchaser to provide any justification as to the reality of defects or anomalies. He will leave the seller every opportunity to make the observation of these defects and to remedy them. He will refrain from intervening himself or to involve a third party for this purpose. For products sold in packaging, the weights and measures are authentic from the quantities delivered. Quantitative tolerances affect the delivery will be more or less 5% calculated on the basis of the number of units in the command. All claims, requests for exchange or refund must be made by post to the following address: Le Pâtis 28240 Fontaine Simon, within thirty days following the delivery.
The products are supplied at the price in effect at the time of placing the order. Prices are net, ex, excluding taxes based on rates provided to the buyer. All taxes, duties, fees or other benefit payable under French regulations or those of an importing country or a transit country are the responsibility of the purchaser.
Payments will be made by credit card; they will be realized through the secure SP Plus system that uses SSL (Secure Socket Layer) so that the transmitted information is encrypted by software and no third party can read it in transit on the network .
The buyer's account will be debited for the amount of goods. At the request of the buyer it will be sent a paper invoice showing VAT.
Delay or failure
In case of late payment, the seller may suspend all pending orders, without prejudice to any other action.
Any amount not paid on the due date on the invoice entails the application of penalties in an amount equal to one and half times the legal rate of interest. These penalties will be payable on request of the seller. The amount of the late payment interest will be charged full out all rebates, discounts or rebates owed by the seller.
In case of default, Forty-eight hours after a formal notice has been given, the sale will be automatically canceled if the seller so that will ask for interim relief the return of the goods without prejudice to any other damages interests. The resolution will hit not only the order in question but also to any previously unpaid orders, whether delivered or being delivered and that their payment is due or not.
In case of payment by bill of exchange, failure to return the bill will be considered a refusal of acceptance likened to a default. Similarly, when payment is staggered, non-payment of a single installment will result in the immediate payment of the entire debt, without notice.
In all the above cases, the sums due for other deliveries or for any other reason, become immediately payable if the seller does not opt for the resolution of the corresponding controls.
The buyer must pay all the costs of litigation recovery of sums due, including judicial officers fee.
In any case, payments may be suspended or be subject to any compensation whatsoever without the prior written consent of the seller. Any partial payment shall first be applied to the unsecured portion of the debt and on amounts whose payment is the oldest.
The seller intends to make any discount for cash payment or an earlier date than that resulting from the conditions of sale.
According to the law relating to data, files and freedom of 6 January 1978, nominative information concerning buyers may be subject to automated processing. Fruitofood reserves the right to collect information on purchasers including using cookies, and, if it wishes to transmit to business partners collected information.
Buyers may object to the disclosure of their personal information by notifying Fruitofood. Similarly, users have a right to access and correct data concerning them, according to the law of January 6, 1978.
Fruitofood archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code. The registers of Fruitofood be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The seller, in the online sales process, is bound by an obligation of means: his liability can not be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service or other unintended problems.
All elements of the site are and remain the exclusive intellectual property of Fruitofood.
The products are delivered in special packaging. Packages marked the seller can only be used for its products and may in no case be used for other products than its own. Any violation of this rule would expose the perpetrator to criminal prosecution and payment of damages.
Competence – Dispute
Any disputes relating to the execution of this contract covered by the Commercial Court of Chartres sole jurisdiction to arbitrate, even if the call incidental action in warranty or multiple defendants and regardless of the geographical location of the contentious material
For Industrials who order directly with our commercial service please find the specific Terms and confitions HERE.