The purpose of these conditions of sale is to define the contractual relationship between FRUITOFOOD. and the purchaser and the conditions applicable to all purchases made through the FRUITOFOOD. website, whether the purchaser is a professional or a consumer. The acquisition of a good through this site implies unreserved acceptance by the buyer of these conditions of sale.

These conditions shall prevail over any other general or special conditions not expressly approved by FRUITOFOOD. FRUITOFOOD. reserves the right to modify its conditions of sale at any time, in which case the conditions applicable will be those in force at the date of the order by the buyer.

Characteristics of the products offered

The products offered are those listed in the catalogue published on the FRUITOFOOD website. These products are offered within the limits of available stocks. Each product is accompanied by a description established by the supplier; for some of them, bearing the mention DF, the buyer can have access to the documentation of the supplier.

The photographs in the catalogue showing the products are as accurate as possible but cannot guar

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Application of the general terms and conditions of sale - Enforceability of the general terms and conditions of sale

These general terms and conditions of sale (GTCS) are systematically sent or given to each professional purchaser to enable them to place an order.

Consequently, placing an order implies the buyer's full and unreserved acceptance of these GSC, to the exclusion of all other documents such as prospectuses and catalogues issued by the seller, which are for information purposes only. Unless formally accepted in writing by the seller, no special conditions may prevail over the GTCS. In the absence of express acceptance, any condition to the contrary imposed by the buyer will therefore be unenforceable against the seller, regardless of when it may have been brought to the seller's attention.

The fact that the seller does not invoke any of these GTC at a given time may not be interpreted as a waiver of the right to invoke any of the said conditions at a later date.

On-line purchase procedures

Buyers wishing to purchase a product must :

Create an account by filling in an identification form on which he/she will give all the contact details requested or identify himself/herself using his/her personal identifiers, known only to him/her.

Fill in the online order form, giving all the references of the products chosen.

Confirm their order after checking it

Make the payment in accordance with the conditions set out (see article 10)

Confirm the order and payment. Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement that you are fully aware of them and waiver of your right to invoke your own terms and conditions of purchase or any other terms and conditions. All the data supplied and the recorded confirmation will be deemed proof of the transaction. Confirmation will be considered as signature and acceptance of the operations carried out.

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Delivery

Terms and conditions
Deliveries are made to the address indicated on the order form which can only be in the geographical area agreed. The risks are borne by the buyer from the time the products have left the premises of FRUTOFOOD.

 

Deadlines
Deliveries are only made according to availability and in the order of arrival of orders. The seller is authorised to make deliveries in whole or in part. Delivery times are indicated as accurately as possible but are subject to the seller's supply and transport possibilities. Exceeding the delivery date as a result of force majeure may not give rise to damages, deductions or cancellation of orders in progress. The following are considered to be cases of force majeure releasing the seller from its obligation to deliver: force majeure, fire, strikes, accidents and the seller's own inability to obtain supplies. The seller will inform the buyer in good time of the cases and events listed above. In any event, delivery on time can only take place if the buyer is up to date with its obligations towards the seller, whatever the cause. The maximum delivery period is 30 days from the date of the order, as provided for in the French Consumer Act 2014-344 of 17 March 2014.

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Risks
In the event of damage in transit, a justified complaint must be made to the carrier within three days of delivery.

Geographical area
The sale of products presented on the site is not subject to any territorial restrictions. 

Withdrawal
Purchasers who are non-professional individuals have a 14-day cooling-off period from the date of delivery of their order to return the product to the seller for exchange or reimbursement without penalty, with the exception of return costs.

Given the nature of the products and the specific nature of the packaging and transport methods, no returns will be accepted once the product in question has been opened.

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Guarantee
All products supplied by the seller are covered by the legal guarantee provided by Articles 1641 et seq. of the French Civil Code. In the event of an apparent defect or non-conformity of the products delivered, duly noted by the seller on site, the buyer may obtain a free replacement or reimbursement of the products, at the seller's discretion, to the exclusion of any compensation or damages. It shall be the responsibility of the purchaser to provide any justification as to the reality of the defects or anomalies observed. The purchaser must allow the seller every opportunity to ascertain these defects and to remedy them. He shall refrain from intervening himself or having a third party intervene for this purpose. For products sold in packaged form, the weights and measures at the time of delivery shall be taken as proof of the quantities delivered. Quantitative tolerances affecting delivery will be plus or minus 5% calculated on the basis of the number of units stated in the order. All claims, requests for exchange or reimbursement must be made by post to the following address: Le Pâtis 28240 Fontaine Simon, within thirty days of deliver.

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Prices
Products are supplied at the price in force at the time the order is placed. Prices are net, ex works, exclusive of tax on the basis of the rates communicated to the purchaser. Any tax, duty or other charge payable in application of French regulations or those of an importing or transit country shall be borne by the purchaser.

Payment
Terms and conditions
Payments will be made by credit card via the SP Plus secure system, which uses the SSL (Secure Socket Layer) protocol so that information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network.

The buyer's account will only be debited for the amount of the products sent. At the purchaser's request, a paper invoice will be sent to the purchaser showing VAT.

Delay or default
In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action.

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