General terms and conditions of sales

PREAMBLE

The present General Terms and Conditions of Sale (hereafter referred to as the "general terms and conditions of sale") are agreed upon between: - the company OUTDOOR ORGANIC NUTRITION SAS, headquarter address 37 rue Cassiopée, 74650 Chavanod, France, registered in Annecy, France, under the company registration number (Siret) 821 918 448 00019, and EU VAT number FR30821918448, hereafter referred to as "OON," and – the individual or legal entity who would like to make a purchase via the OON website (www.BAOUW-ORGANIC-NUTRITION.com), hereafter referred to as "the Buyer".

 

ARTICLE 1: OBJECT AND SCOPE

The present general terms and conditions of sale serve to define the sales modalities between OON and the Buyer. They apply to all products sold on the OON website (www.BAOUW-ORGANIC-NUTRITION.com), whether the order is place by telephone, fax, regular mail, electronic mail, or the Internet. All orders made through the www.BAOUW-ORGANIC-NUTRITION.com website assume the Buyer has read, understood, and accepted beforehand in their entirety the present general terms and conditions of sale. The Buyer's acceptance and agreement with the general terms and conditions of sale takes effect upon authorizing your order. The applicable general terms and conditions of sale are those in effect on the day the Buyer authorizes the order. OON reserves the right to modify at any moment and without prior notification the general terms and conditions of sale, these modifications being applicable for all orders placed after the modification is made.

ARTICLE 2: THE OFFER

2-1 Geographic coverage of the offering

The products presented and sold online on the OON website are shipped to most countries. OON may use a "country filter" on its website that allows OON to block orders from countries not covered by its offering. In Europe, excluded are those destinations that require customs formalities such as Basingen, the island of Heligoland, Jersey, Guernesey, the Isle of Man, Campione d'Italia and Livigno, the Canary Islands, Ceuta Island, Melilla Island, the Faroe Islands, Greenland, the Aland Islands, Mount Athos, and Northern Cyprus.

2-2 Inventory and availability

The sales offerings, consisting of the products presented and the prices displayed, applies to the inventory available. If a product is not available after an order has been placed, OON will contact the Buyer as soon as possible by telephone or electronic mail. The Buyer will have the option of either following through with or cancelling the order. OON will reimburse the Buyer by crediting the Buyer's bank account no later than fourteen (14) days following the payment made by the Buyer.

2-3 Product characteristics

The products offered for sale are described and presented as accurately as possible. Nevertheless, if any errors or omissions exist in this presentation, OON is in no way liable. All photos are non-binding.

2-4 Price

The prices of our products are indicated in euros with the French Value Added Tax (VAT) included, and are final. They do not include shipping costs or additional fees involved in the Buyer's order that will be invoiced and indicated before the Buyer authorizes purchase. OON reserves the right to modify its prices at any moment without prior notification. All products will be invoiced to the Buyer based upon the rates registered when the Buyer authorizes the purchase. We conduct regular maintenance operations on our website. This may generate errors in pricing. In this case, the order will not be fulfilled and we will contact you as soon as possible to cancel your order. The products remain the property of OON until full payment is made.

2-5 Shipping fees in France

Shipping fees are calculated based on the rates scale used in mainland France, Andorra, and Monaco: - to your home (in France) via Colissimo: 7€ flat fee and free for all orders above 500€ with VAT. – to your home via GLS: 5€ flat fee and free for all orders above 500€ with VAT. – using a Point Relay: 5€ flat fee and free for all orders above 100€ with VAT. Shipping fees are calculated based on the following rates scale used overseas, in the E.U., and in Switzerland:

Shipping fees Business to Customer by Colissimo

Weight up to

Overseas 1

Overseas 2

European Union and Switzerland

250 g

10.00

12.00

15.00

500 g

10.00

12.00

15.00

750 g

15.00

20.00

15.00

1 kg

15.00

20.00

15.00

2 kg

20.00

30.00

20.00

5 kg

30.00

50.00

20.00

10 kg

50.00

100.00

35.00

20 kg

100.00

250.00

60.00

Overseas 1: Guadeloupe, Martinique, Guyana, Reunion, Mayotte, ST Pierre and Miquelon, St Martin, Saint-Barthelemy. Destination: "GF, GP, MF, MQ, PM, RE, YT." Overseas 2: New Caledonia, French Polynesia, Wallis and Futuna, French Austral and Antarctic territories. Destination: "AQ, NC, PF, TF, WF." EU and Switzerland: Destination: "BE, BG, CH, CY, DE, DK, FI, GB, HU, IE, IT, LT, LU, LV, PT, SI, AT, CZ, EE, ES, GI, GR, MT, NL, PL, SE, SM, VA, SK." For all other destinations, please contact us by electronic mail at contact@BAOUW-ORGANIC-NUTRITION.com.

2-5 Export (Outside of France) orders and customs duties

All orders shipped outside the European Union and French overseas territories and departments (DOM-TOM) will automatically be invoiced ex-VAT. All import formalities, customs duties, and taxes related to shipping an article outside the European Union and French overseas territories and departments (DOM-TOM) are to be paid by and the exclusive responsibility of the Buyer. These additional costs, duties, and taxes are to be paid directly to the relevant authorities in the country of delivery. The Buyer is responsible for verifying the possibility of importing the ordered products with regard to the laws and regulations of the country of delivery. OON is not responsible for verifying and informing the Buyer of the applicable customs duties and taxes. To obtain information on customs duties and taxes, OON recommends that the Buyer contact directly the relevant authorities in their country. Please note that by placing an order via the website, you are considered an official importer and required to abide by all of the laws and regulations of the country where you will receive the merchandise. All cross-border shipping may be subject to an inspection and opening procedure conducted by customs authorities.

Shipping fees are calculated based on the rates scale used from mainland France to your home (outside of France) via Colissimo-French Post office

 

ARTICLE 3: ORDERING PROCEDURES AND MODALITIES

3-1 Conditions for placing an order

The Buyer must have the legal authority or have parental authorization allowing him or her to place an order on the website www.BAOUW-ORGANIC-NUTRITION.com.

3-2 Order process

Choosing articles and adding to the basket, approving basket content, identification on the website if the Buyer is not already identified, shipping options, choosing the method of payment, agreeing to and accepting the general terms and conditions of sale, authorizing payment. The Buyer can place an order online via the website www.BAOUW-ORGANIC-NUTRITION.com. The data sent by the Buyer and registered by OON during the order constitute proof of the transaction(s) between OON and the Buyer. Clicking on authorize after having filled out the order form constitutes the official confirmation of the Buyer's order, and constitutes the Buyer's electronic signature, which has the same legal standing as a handwritten signature. This signature is considered definitive acceptance and agreement with the general terms and conditions of sale. Contract finalization will only be effective once an electronic mail has been sent to confirm that the order with OON has been registered. After the order is registered, a detailed printable invoice for the Buyer will be available on the website www.BAOUW-ORGANIC-NUTRITION.com in the "your account" section. OON reserves the right to refuse shipping or honoring an order in the event that the Buyer has not fully or partially paid for a past order, or in the event that a payment dispute is in progress.

3-3 Using codes for discounts or promotional offers

In the event that the amount of the order is less than the amount of a discount or promotional code, OON will not reimburse the difference. Coupons are to be used only once and are not accruable with other coupons. With the exception of specific cases, no coupon may be used 2 times by the same Buyer. OON reserves the right to cancel an order if a coupon is used multiples times by the same buyer even though the aforementioned coupon is not designed to be used multiple times by the same Buyer.

ARTICLE 4: PAYMENT

OON offers several payment methods. All orders, whatever the country of origin, must be paid in euros. In certain countries, we only offer payment via PayPal. Payment for the full price is due at the time of order by the Buyer who agrees to pay the stipulated price for the product(s) ordered including the price of the products as well as any shipping costs and other order-related fees. As part of the fight against Internet fraud, OON reserves the right to request a photocopy of the Buyer's identification card and proof of residence for all payments.

4-1 Payment with a debit or credit card

Only payment using one of the following debit or credit cards will be accepted: CB, Visa, Eurocard, Mastercard, and American Express. The card will be debited when the order is confirmed. The Buyer guarantees OON that the Buyer is in possession of the necessary authorizations to use the payment method by credit or debit card when placing the order. OON will implement all means available to guarantee the security and confidentiality of the data sent to the website www.BAOUW-ORGANIC-NUTRITION.com (including online payment). To this end, the website www.BAOUW-ORGANIC-NUTRITION.com uses a data encryption SSL mode (Secure Socket Layer) online payment system to ensure the aforementioned data never appears unencrypted when in transit on the web. In addition, the transaction occurs on the bank e-transaction platform of Banque Populaire des Alpes bank, which is the only entity with access to this confidential information (card number, expiration date) provided by the Buyer at the time of payment.

4-2 Payment via PayPal

PayPal is a payment service provider that specializes in emitting electronic money between the Buyer and a third party. PayPal guarantees the confidentiality of the Buyer's bank information. The Buyer's financial information is never sent to us. PayPal encrypts and protects the debit or credit card number. The Buyer pays online by simply providing their electronic-mail address and their password.

4-3 Payment via bank transfer

When you select a bank transfer as the payment method our bank account details appear (IBAN). The transfer must be made in euros. In the event of a bank transfer, the delivery time starts when full payment is received. Please provide your order number with your payment.

4-4 Failure to pay and ownership rights

All products ordered remain the property of OON until their final and full payment is made, including price, shipping costs, and value added tax. In the event of a failure to pay, the Buyer is required to return the merchandise to OON and pay all return fees, or be subject to legal action.

ARTICLE 5: DELIVERY

All products will be delivered to the shipping address indicated during order process to the aforementioned destinations indicated in Article 3. Delivery cannot be made to hotels or post office boxes. In order to adhere to shipping times, the Buyer must indicate exact and complete information regarding the shipping address (such as and especially: street number, building number, entrance number, entry codes, names and/or intercom numbers, etc.). In the event of an error in the contact information provided, OON is in no way liable for the inability to deliver the purchased merchandise. In this case, the Buyer will be responsible for paying the fees for another delivery and invoiced for the full cost. OON commits to shipping the articles ordered as quickly as possible via the shipping method chosen and based on article availability. The delivery times indicated on the website www.BAOUW-ORGANIC-NUTRITION.com are averages and corresponded to the total time for order processing and shipment. When you order several products at the same time and the delivery times are different, the effective shipping time may be the longest time indicated, the full order being prepared only once all of the products that make up the order are in stock at OON. The delivery is considered to be completed as soon as the Buyer has the products in hand. The delivery receipt provided by the shipping company, and dated and signed by the Buyer upon delivery of the order constitutes proof in terms of shipping and delivery. For your information, all packages valued at below 100 euros and delivered by Colissimo are delivered without signature.

5-1 Verifying the state of the package upon delivery

OON recommends that, upon delivery and in the presence of the shipping company, the Buyer checks the contents, fulfillment and the state of the package(s). In the event the Buyer has the slightest doubt regarding the state or contents of the package, the Buyer should: - verify the state of the merchandise received and provide their precise concerns in writing, dated and signed, and request the signature of the shipping company. – exercise all means of recourse with the shipping company via certified letter with a return receipt within the three (3) business days following delivery and address a copy to OON. Beyond this period, the product will be considered properly delivered to the Buyer, who may no longer claim any errors in delivery or any visible defects. The delivered package is considered verified and may not be the subject of any dispute as soon as the Buyer or any authorized individual has received the package and signed the delivery order. OON is in no way responsible or liable.

5-2 Late delivery

If a late delivery occurs, or the package is misplaced by the shipping company, the Buyer must alert OON by email or telephone within ten (10) days after receiving the order confirmation by email. We will help you with the claim and subsequent process with the shipping company. For your information, if a problem occurs with a So Colissimo delivery, the investigation times are long and may take up to one month.

5-3 Delivery when absent

If the recipient is absent when the delivery is made, the shipping company will leave a notice at the shipping address indicated by the Buyer. The order will be picked up at the address and according to the procedure indicated by the shipping company. In the event the package is not picked up within the time period indicated by the shipping company, the order will be returned to OON, which reserves the right to reimburse the price paid the merchandise, minus the shipping costs to be paid by the Buyer.

ARTICLE 6: RIGHTS TO CANCELLATION – RETURNS - EXCHANGES

6-1 In compliance with the laws stipulated in the French Consumer Code, the Buyer has a period of seven days, which starts once the delivery of the ordered goods has been made, to exercise their right to cancel without having to provide a motive, nor pay any penalties with the exception of the return shipping costs, which the Buyer must pay. All returned products must be sent to the following address: OUTDOOR ORGANIC NUTRITION c/o Logidyne – 11 rue de Sansy, 74600 Annecy, FRANCE.

6-2 When exercising the right to cancellation, OON is required to reimburse the Buyer or to offer credit (at the Buyer's request), and at the latest thirty days after the date when the Buyer exercised their right to cancellation. However, the Buyer must alert OON, by contacting customer service by electronic mail, of their intention to exercise their right to cancellation

6-3 Without a valid motive, all claims made after 7 days following the delivery the products ordered will be considered invalid and OON will be in no way held liable. OON reserves the right to ask the Buyer to return the non-compliant or damaged product. In the event of unusual or abusive returns, OON reserves the right to refuse fulfilling any future orders.

ARTICLE 7: OWNERSHIP CLAUSE

The transfer of ownership depends on full payment by the Buyer. However, if the product(s) are delivered before full payment has been made, the Buyer will be responsible for the potential risks encountered, for whatever reason, including handling by the shipping company. In any case, the product(s) ordered will be shipped at the Buyer's risks.

ARTICLE 8: NAME-RELATED DATA

8-1 The data regarding the Buyer is primarily name-related information for processing the Buyer's order(s). OON reserves the right to use this contact information for promotional purposes or for any other events organized by OON or any other company or association in strict compliance with the French Law on Confidence in the Digital Economy (LCEN).

8-2 Moreover, in accordance with the French "information technology and freedom" law (Law passed on January 6, 1978, and amended by Law N°2004-801 passed on August 6, 2004), the Buyer has the right to access, modify, correct, and delete any personal data (article 40 of the amended law). To exercise this right, the Buyer must contact OUTDOOR ORGANIC NUTRITION, 37 rue Cassiopée - 74650 Chavanod / France, and indicate their last name, first name, and mailing address.

ARTICLE 9: INTELLECTUAL PROPERTY

All data on the website www.BAOUW-ORGANIC-NUTRITION.com, including text data, photographic data, comments, reference data, illustrations, and pictures belong to the website www.BAOUW-ORGANIC-NUTRITION.com. It is strictly forbidden to reproduce, download, copy, or exploit even partially any of this data for commercial reasons anywhere in the world without prior express written consent from OON.

ARTICLE 10: LIABILITY

The products offered are compliant with French and European legislation in effect and with the standards applicable in France and within the European Union. OON is in under no circumstances liable for non-compliance with the legislation in the country where the product is delivered (for example if a product is banned…). It is the Buyer's responsibility to verify with local authorities the possibility of importing or using the products and/or services the Buyer would like to order. OON cannot be held liable for the failure to execute or poor execution of a contract made between the parties in the event of a force majeure, of any effect attributable to the Buyer or any other inconvenience, or foreseeable and insurmountable damage inherent to using the Internet. OON can in no way be held liable for any indirect harm or damage caused from purchasing its products. OON cannot be held liable for any product photos, graphics, and descriptions as they are not contractually binding. The website www.BAOUW-ORGANIC-NUTRITION.com is hosted by a third-party service provider, and OON is in no way liable for any interruptions in service, bugs, inaccuracies or omissions relative the information available on the website or for any harm or damage resulting from a fraudulent third-party intrusion altering the information on the website. For all website access points, reading, filling out forms, placing orders, article delivery or all other services, OON is only required to make a best effort. As a consequence, OON is not liable for any inconvenience, harm, or damage inherent to using the Internet (loss of data, file loss…) and fully outside the actions and precautions taken by OON. OON is exempt from all liability regarding the content of the site(s) to which it links via hyperlink from its own website, as it has no control over their content.

ARTICLE 11: RECLAMATIONS

All reclamations must be sent by electronic mail to contact@BAOUW-ORGANIC-NUTRITION.com or by regular mail to OUTDOOR ORGANIC NUTRITION, 37 rue Cassiopée - 74650 Chavanod / France.

ARTICLE 12: GOVERNING LAW – SETTLING DISPUTES

French law applies to all disputes related to the interpretation, execution or application of the present general terms and conditions of sale. The interested parties will first seek to settle the dispute amicably before engaging in any legal proceedings. If a settlement cannot be agreed upon, the courts where OON's headquarter offices are located will have exclusive jurisdiction to adjudicate the dispute.

ARTICLE 13: FORCE MAJEURE

13-1 OON shall not be held liable for the inability to execute all or part of its obligations regarding the present contract if this inability is due to a force majeure event or due to the disruption or total or partial strike by suppliers, postal services, means of transportation and /or communications, flood or fire.

13-2 OON will warn the Buyer of an event constituting a force majeure within 5 business days following the occurrence and will determine if the modalities for processing the order during the duration of the force majeure event.

Beyond an interruption lasting for a period of one month, the Parties will be absolved of their obligations to each other. In this case, OON will reimburse the Buyer as soon as possible.