General Terms and Conditions of Sale
PREAMBLE
These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") are entered into between : - On the one hand, the company OUTDOOR ORGANIC NUTRITION SAS, with registered office located at 13 rue du pré-paillard 74940 Annecy-le-Vieux, registered with the RCS of Annecy under Siret number 821 918 448 00019, and Intracommunity VAT number FR30821918448, hereinafter referred to as "OON". - And, on the other hand, individuals wishing to make a purchase via the OON website (www.BAOUW-ORGANIC-NUTRITION.com), hereinafter referred to as "the Buyer".
ARTICLE 1 : PURPOSE AND SCOPE
The purpose of these general terms and conditions of sale is to define the terms and conditions of sale between OON and the Buyer. They apply to all sales of products offered on the OON website (www.BAOUW-ORGANIC-NUTRITION.com), whether the order is placed by telephone, fax, post, email or the Internet. Any order placed on the www.BAOUW-ORGANIC-NUTRITION.com website necessarily implies that the Buyer has read these general terms and conditions of sale prior to placing the order, and that the Buyer agrees to accept the entire content of same. Acceptance of these general terms and conditions of sale takes effect when your order is confirmed. The general terms and conditions of sale applicable are those in force on the day the order is confirmed by the Buyer. OON reserves the right to make changes to the general terms and conditions of sale at any time and without prior notice, the changes being then applicable to all orders subsequent to this change.
ARTICLE 2 : THE OFFER
2-1 Geographical coverage
Products sold online on the OON site are delivered to most countries. OON may use "country filters" on the site to block orders from countries not covered by the offer. At European level, destinations requiring customs formalities are excluded, such as the territory of Bàsingen, the island of Heligoland, Jersey, Guernsey, the Isle of Man, the territories of Campione d'Italia and Livigno, the Canary Islands, Ceuta, Melilla, the Faroe Islands, Greenland, Aland, Mount Athos and the northern part of Cyprus.
2-2 Stock and availability
Sales offers, consisting of the presentation of products and the prices indicated, are valid while stocks last. In the event that a product is unavailable after an order has been placed, OON undertakes to contact the Buyer as soon as possible by telephone or email. The Buyer may choose to maintain his/her order or to cancel it. OON will make the refund by crediting the bank account at the latest within fourteen (14) days of Buyer’s payment.
2-3 Product characteristics
The products offered for sale are described and presented as accurately as possible. However, OON cannot be held responsible for any errors or omissions in this presentation. Photographs are not contractually binding.
2-4 Prices
The prices of our products are given in euros, including all French taxes, and are binding. They do not include shipping and handling costs related to the Buyer's order, which are invoiced in addition and indicated before the Buyer's order is confirmed. OON reserves the right to change prices at any time without notice. Products will be invoiced to the Buyer on the basis of the prices recorded at the time of order confirmation. We regularly carry out maintenance work on our site. This can lead to pricing errors. In this case, the order cannot be fulfilled and we will contact you to with regard to its cancellation as soon as possible. Products remain the property of OON until full payment has been received.
2-5 Delivery charges
Delivery charges are calculated according to the country of delivery. They can be accessed from the delivery page in the purchase funnel
2-6 Export orders and customs duties
All orders dispatched outside the European Union and French overseas departments and territories will automatically be invoiced exclusive of tax. Import formalities, customs duties and any taxes relating to the delivery of an item outside the European Union and to French overseas departments and territories are the sole responsibility of the Buyer. They must be paid to the competent authorities in the country of delivery. The Buyer is solely responsible for checking whether the products ordered can be imported under the laws of the country of delivery. OON is not obliged to check and inform the Buyer of applicable customs duties and taxes. To find out about them, OON advises the Buyer to contact the competent authorities in his or her country. Please note that by ordering on the Website, you are considered to be the official importer and are required to comply with all the laws and regulations of the country where you will receive the goods. Cross-border deliveries may be subject to opening and inspection by the customs authorities.
Shipping costs are calculated according to the rates used from mainland France to your home outside mainland France via Colissimo.
ARTICLE 3 : ORDERING PROCEDURE
3-1 Conditions for placing an order
The Buyer must have legal capacity or parental authorisation to place an order on the www.BAOUW-ORGANIC-NUTRITION.com website.
3-2 Ordering process
Item selection and adding to cart. Confirmation of the contents of the cart Identification on the site if the Buyer is not already identified. Choice of delivery method. Choice of payment method and acceptance of the General Terms and Conditions of Sale. Payment confirmation. The Buyer can place an order on the Internet via the www.BAOUW-ORGANIC-NUTRITION.com website. The data communicated by the Buyer and recorded by OON at the time of the order constitutes proof of the transactions between OON and the Buyer. The confirmation click after completing the order form also confirms the Buyer's order and constitutes an electronic signature with the same value as a handwritten one. It shall constitute irrevocable acceptance of the General Terms and Conditions of Sale. The conclusion of the contract will only be effective after OON has sent an email confirming the registration of the order. Once the order has been registered, a detailed invoice that can be printed by the Buyer will be available on the www.BAOUW-ORGANIC-NUTRITION.com website in the "Your Account" section. OON reserves the right to refuse a delivery or to fulfil an order in the event that the Buyer has not fully or partially settled a previous order, or in the event of an existing payment dispute.
3-3. Use of discount codes or promotional offers
If the amount of the order is less than the amount of an advantage code obtained, OON will not reimburse the difference. Coupons can only be used once and cannot be combined with other coupons. Except in special cases, no coupon may be used twice by the same Buyer. OON reserves the right to cancel an order if a coupon that is not intended to be used several times by the same Buyer is used.
ARTICLE 4 : PAYMENT
OON accepts different types of payment. All orders, regardless of their country of origin, are payable in euros only. For some countries, we only offer payment via Paypal. Payment of the full price is due when the order is placed by the Buyer, who undertakes to pay the price stipulated for the product(s) ordered, including the price of the products, as well as postage and other order processing costs. As part of the fight against Internet fraud, OON reserves the right to request a photocopy of your identity card and proof of address for any payment.
4-1 Credit card payments
Only payment by one of the following credit cards will be accepted: CB, Visa, Eurocard, Mastercard, American Express. The card is charged when the order is confirmed. The Buyer guarantees OON that he/she has the necessary authorisations to use the card payment method when placing the order. OON uses all necessary means to ensure the security and confidentiality of data transmitted on the www.BAOUW-ORGANIC-NUTRITION.com site (including online payment). To this end, the www.BAOUW-ORGANIC-NUTRITION.com website uses a remote payment system and SSL (Secure Socket Layer) encryption of data, which is never sent unencrypted over the network. In addition, the transaction is carried out via the e-transaction banking platform of the Banque Populaire des Alpes, which alone has access to the confidential information (card number, date of validity) supplied by the Buyer at the time of payment.
4-2 Non-payment and retention of title
The products ordered remain the property of OON until final and full payment of their price, including delivery and taxes. In the event of non-payment, the Buyer is obliged to return the goods concerned to OON, at his or her own expense, under penalty of legal proceedings. Any attempt to fraudulently use a means of payment will also be prosecuted.
ARTICLE 5 : DELIVERY
Products are delivered to the address provided during the ordering process in the destinations referred to in article 3 above. Delivery cannot be made to hotels or post office boxes. In order for these deadlines to be met, the Buyer must ensure that they have provided full and accurate information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). OON cannot be held responsible for the items that are undelivered due to errors in the contact details. In this case, the costs incurred for a new delivery will be borne by the Buyer and invoiced at their actual cost. OON undertakes to deliver the items ordered as quickly as possible depending on the delivery method chosen and the availability of the items. The delivery times indicated on the www.BAOUW-ORGANIC-NUTRITION.com website are the usual average times and correspond to the total processing and delivery times. When you order more than one item at the same time and the shipping times are different, the actual shipping time may be the longest, as the entire order is prepared when all products are in stock at OON. Delivery is deemed to have taken place when the item is handed over to the Buyer.
5-1 Checking the condition of the parcel on delivery
OON recommends that the Buyer check the contents, conformity and condition of the package(s) in the presence of the carrier upon delivery. In the event that the Buyer has any doubt whatsoever as to the condition or content of his/her parcel, he/she must : - check the condition of the items received and issue precise handwritten reservations, dated and signed, all of which must be countersigned by the carrier. - exercise any recourse with the carrier by registered letter with acknowledgement of receipt within three (3) working days of receipt, and send a copy to OON. Once this period has elapsed, the product will be deemed to have been accepted by the Buyer, who will no longer be able to cite delivery errors or any apparent defects. The delivered parcel is deemed to have been checked and may no longer be contested once the Buyer or any person authorised to receive same has signed the delivery note. OON cannot be held liable under any circumstances.
5-2 Late delivery
If there is a delay in delivery, or if packages are lost by carriers, the Buyer must notify OON by email or telephone within ten (10) days of receiving the order confirmation by email. We will help you deal with the carriers. For your information, if a problem arises during delivery, the investigation process may take a long time. It can last up to a month.
5-3 Delivery in the event of absence
If the recipient is absent at the time of delivery, the carrier will leave a calling card at the delivery address indicated by the Buyer. The order must be collected from the address and in the manner indicated by the carrier. If the order is not collected within the time limit set by the carrier, the order will be returned to OON, which reserves the right to refund the price, less shipping costs, which remain the Buyer’s responsibility.
ARTICLE 6 : RIGHT OF WITHDRAWAL - RETURNS - EXCHANGES
6-1 In accordance with the provisions of the French Consumer Code, the Buyer has a cooling off period of 14 clear days, starting from the date of delivery of the goods ordered, to exercise his/her right of withdrawal without having to provide any justification or pay any penalties, with the exception of the cost of returning the goods, which shall be borne by the Buyer. Products must be returned to the following address: OUTDOOR ORGANIC NUTRITION 13 rue du Pré-Paillard 74940 Annecy-le-Vieux.
6-2 In case of exercise of the right of withdrawal, OON is obliged to refund the Buyer or to issue a credit note (at his/her request) and at the latest within thirty days following the date on which this right was exercised. However, the Buyer must notify OON by contacting customer service by email, of his/her intention to use the right of withdrawal.
6-3 Unless there is a legitimate reason, any claim made after 14 days following receipt of the Products shall be considered inadmissible and OON shall not be held liable. OON reserves the right to ask the Buyer to return the non-conforming or damaged product. In the event of abnormal or wrongful returns, OON may refuse to fulfil any subsequent orders.
ARTICLE 7 : RETENTION OF TITLE
The transfer of ownership is subject to the Buyer’s full payment of the price. However, if the product(s) ordered is (are) handed over to the carrier before full payment has been made, the Buyer shall bear all risks that the item may cause or suffer, for whatever reason, from the time it is handed over to the carrier. In all cases, the product(s) ordered travel at the Buyer's risk.
ARTICLE 8 : PERSONAL DATA
8-1 The data concerning the Buyer is personal information that is essential for the processing of his/her requests. OON reserves the right to use these details for the purposes of commercial promotions or any other events organised by OON or any other company or association, in strict compliance with the Law on Confidence in the Digital Economy (LCEN).
8-2 However, pursuant to the French Data Protection Act (Act of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004), the Buyer has the right to access, modify, rectify and delete data concerning him or her (art. 40 of the amended Act). To exercise this right, the Buyer must contact : OUTDOOR ORGANIC NUTRITION, 13 rue du Pré-Paillard 74940 Annecy-le-Vieux, France, stating his or her full name and address.
ARTICLE 9 : INTELLECTUAL PROPERTY
All text, photos, comments, works, illustrations and images reproduced on the www.BAOUW-ORGANIC-NUTRITION.com website are the property of same. Consequently, it is formally forbidden to reproduce, download, copy or exploit them, even in part, for commercial purposes anywhere in the world without the prior agreement of OON.
ARTICLE 10 : LIABILITY
The products offered comply with current French or European legislation and the standards applicable in France or within the European Union. OON cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a product ban, etc.). It is the Buyer's responsibility to check with the local authorities whether it is possible to import or use the products or services that he/she intends to order. OON cannot be held responsible for the non-performance or poor performance of the contract concluded between the parties in the event of force majeure, the occurrence of an event attributable to the Buyer or any foreseeable and insurmountable inconvenience or damage inherent in the use of the Internet. OON cannot be held responsible for any indirect damage that may arise from the purchase of products. The photographs, graphics and descriptions accompanying the products have no contractual value and therefore OON cannot be held responsible in any way. As the www.BAOUW-ORGANIC-NUTRITION.com site is hosted by an external service provider, OON cannot be held responsible for any interruption in the site's service, the occurrence of bugs, inaccuracies or omissions relating to information available on the site or for any damage resulting from fraudulent intrusion by a third party that has altered the information on the site. For all stages of access to the site, consultation, completion of forms, placing orders, delivery of items or any other service, the company OON has only an obligation of means. As a result, OON cannot be held liable for any inconvenience or damage inherent in the use of the Internet (loss of data, files, etc.) and totally external to the diligence and precautions taken by OON. OON accepts no responsibility for the content of sites to which hyperlinks may be provided from its own site, as it has no control over their content.
ARTICLE 11 : CLAIMS
All claims must be made by email to eshop@baouw.fr or by post to OUTDOOR ORGANIC NUTRITION, 13 rue du Pre-Paillard 74940 Annecy-le-Vieux / France.
ARTICLE 12 : APPLICABLE LAW - SETTLEMENT OF DISPUTES
Les présentes Conditions Générales de Vente seront exécutées et interprétées conformément au droit Français.
En cas de litige, le Client devra s'adresser en premier recours au service clientèle de la société. Celle-ci s'engage en conséquence de cette réclamation à apporter sa réponse / solution sous un délai maximum de 4 semaines.
Si le Client estime qu’il n'a pas obtenu de la part du service clients une réponse satisfaisante à sa réclamation (ou non réponse) au-delà de 2 mois, il pourra s'adresser à C&C-médiation , entité désignée comme "médiateur référent".
En cas de litige non résolu, le médiateur de la consommation peut être contacté aux adresses suivantes :
- Informations et saisine numérique (par formulaire) des demandes de médiation : www.mediateurconso-bfc.fr
- Le Médiateur peut être saisi (par courrier) à l’adresse postale suivante: C&C-Médiation : 37 rue des Chênes - 25480 MISEREY-SALINES.
Attention : Le client devra justifier d'avoir contacté pour sa réclamation - antérieurement et par écrit - le service clients du professionnel concerné. Si la demande du client est déclarée comme recevable, le médiateur traitera alors le litige (réclamations datant de moins de 12 mois).
En cas de nécessité, les parties conserveront toute faculté de saisir la juridiction compétente.
ARTICLE 13 : MAJOR FORCE
13-1 OON will not be held responsible for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of its logistics subcontractors, postal services, means of transport and/or communication, flooding or fire.
13-2 OON will notify the Buyer of an event constituting force majeure within 5 working days of its occurrence and will set the terms and conditions for processing the order for the duration of the event of force majeure.Au-delà d'un délai de 1 mois d'interruption pour cas de force majeure, les Parties seront libérées de leurs obligations l'une envers l'autre. Le cas échéant, OON remboursera l’Acheteur dans les meilleurs délais.
ARTICLE 14 : REFER A FRIEND TO BAOUW
Eligible sponsor: The sponsor must be an active customer of Baouw Outdoor Organic Nutrition. Eligible friends: The sponsored member must meet all the eligibility conditions set out in the General Terms and Conditions of Sale. The latter must not already be a customer or have already created an account at the Baouw online shop.
14.1 Conditions of access to the Refer a Friend Programme for the Sponsor
An individual customer may sponsor a new customer, provided that the sponsor has already placed at least one order at the Baouw Outdoor Organic Nutrition online shop. Self-sponsorship is not permitted for private customers.
14.2 Conditions of access to the Refer a Friend Programme for the Sponsoree
The sponsoree can only benefit from one sponsorship per subscription. When subscribing, to become a sponsored customer, the customer must enter the email address provided by the sponsor, which corresponds to the sponsor's customer account. This email must be entered when the new customer account is created and cannot be added later.
14.3 Use of the refer a friend programme
Sponsors and sponsorees undertake not to make any fraudulent, abusive, misleading or ill-intentioned use of the Baouw sponsorship programme. The refer a friend programme is valid from 21/03/2022, If several sponsors wish to sponsor the same sponsoree, only the first email address entered by the sponsoree will be taken into account. The sponsor will also receive a single discount per sponsoree.
14.4 Use of the refer a friend programme
Once the Sponsor's address has been entered when the new account is created, the sponsoree will automatically receive a discount in the form of a promotional code by email. This is a single-use code specific to the account of the sponsoree who has requested it. Once the sponsoree has placed an order in compliance with the sales conditions and the minimum purchase associated with the code, the sponsor will automatically be credited with an amount in euros to their Baouw savings account. This credit is available for use on a future order in the online shop only and cannot be withdrawn in the form of a refund. Baouw Outdoor Organic Nutrition is free to modify these General Terms and Conditions. Any changes to these General Terms and Conditions will be notified on the online shop and to customers via their customer account. Baouw Outdoor Organic Nutrition may change the amount of the referral bonus at any time. The amount accumulated by the sponsor and the sponsoree is available directly on their customer account.