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General Terms of Sale / Legal Notice

​Legal Notices 

Goodwin Prince t/a Aussi Bon

Societe a responsabilite Limitee with a capital of €100 
Headquartered at 69 Rue du Rouet
13008 Marseille 
E-mail: info@aussi-bon.com 

Intra-Community VAT No: FR95918490053

SIRET: 918 490 053 00017

 

General Terms of Sale
Hereinafter referred to as "The Seller"

and:

Anyone wishing to make a purchase via the Seller's website, at https://aussi-bon.com/,

Hereinafter referred to as "The Customer" or "The Buyer"

 

  1. Subject

These General Terms and Conditions of Sale are intended to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller's merchant site https://aussi-bon.com/, hereinafter referred to as "the Site".

By these General Terms and Conditions of Sale, the Customer is prohibited from any purchase for resale, within the meaning of Article L 110-1 of the Commercial Code

The Customer must be at least 18 years old and have legal capacity or have parental authorization allowing him to place an order on the Site.

The acquisition of a product through the Site implies full and complete acceptance by the Customer of these General Terms and Conditions of Sale. These will prevail over any other general or special conditions of the Customer.

The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.

These General Terms and Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.

​2. Site

2.1 The aussi-bon.com website (hereinafter the "Site") is an e-commerce site accessible by the Internet at www.aussi-bon.com and is open to any user of this network. It is published and distributed by SARL Goodwin Prince, a Societe a responsabilite Limitee company with a capital of 100 euros, whose registered office is located at 69 Rue du Rouet 13008, Marseille, registered in the Marseille Trade and Companies Register under number 918 490 053.

2.2 The Site offers for sale a variety of natural plant based food products (hereinafter the "Product(s)") to Internet users browsing the Site (hereinafter the "User(s)"). For the purposes of this, it is agreed that the User and Super Hero Eats will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User who has validated an order will then be referred to as the "Buyer". The User's rights and obligations necessarily apply to the Buyer.

2.3 Super Hero Eats recalls that the Products are exclusively dedicated to the Buyer's personal use, without any direct relationship with the Buyer's professional activity. Aussi Bon reserves the right to refuse the execution of the order.

2.4 The Buyer declares that he has full legal capacity.

2.5 Any order for a Product offered on the Site requires the express consultation and acceptance of the General Conditions of Sale by checking the box provided for this purpose before any order.
As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted for the application of Article 1316-4 of the Civil Code and relating to electronic signature, Aussi Bon  specifies that the validation of the order form as specified in Article 5.3 below, constitutes an electronic signature that has, between the Parties, the

2.6 The General Terms and Conditions of Sale are intended to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

 
3. Prices

The prices of the Products offered for sale on the Site are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

All orders are payable in euros (€). 

Any change in the applicable VAT rate or the exchange rate may be passed on to the prices of the Products.

Similarly, if one or more taxes or levies were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the Products on the Site. 

In the event of an order to a country other than metropolitan France, the Buyer is then considered as the importer of the Product concerned, customs duties or local taxes or import duties or state taxes may then be required. These duties or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.

The Seller reserves the right to modify at any time the prices of the Products offered for sale on the Site. The Product will be invoiced by the Vendor to the Buyer on the basis of the price list in force at the time of validation of the order and subject to availability of the Product.

The Vendor undertakes to check regularly that all prices indicated on the Site are correct, without however being able to guarantee the absolute absence of errors. If an error in the price of an item should occur, the Vendor will give the Buyer the possibility to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered cancelled.

 

4.Terms of delivery

Shipping costs may be added to the prices indicated for the products. You will find more information on possible shipping costs in the offers. All orders are shipped. You do not have the possibility to collect your order directly on our premises.  Products offered for sale on our site cannot be delivered in automatic lockers.

 

5.     Payment

In principle, the following payment methods are available in our shop:

When browsing the Site, the Client my add Products to its virtual shopping cart. The Client can then access the summary of its virtual cart to confirm the Products it wishes to order by pressing “view cart” and place its Order by pressing “place order”.

The Client shall provide a valid address, means of payment as well as choose a delivery method to finalize the Order and effectively form a sales agreement between the Client and the Company. By finalizing the Order, the Client accepts the price of the ordered Products as well as the payment terms and conditions as provided on the Site. The Seller shall not be responsible for any mistakes made by the Client while entering its information nor for any subsequent consequences in terms of delays or errors in the delivery.

Contractual information is subject to a confirmation by the Client at the latest at the time of the Order’s confirmation.

The Client may check the details of its Order, its total price and correct any errors before confirming its acceptance. This confirmation implies the acceptance of all provisions of these Terms and Conditions and constitutes a proof of the sales agreement.

Following the Order’s placement, the User will receive a confirmation email. This confirmation will summarize the Order and relevant delivery information.

An Order placement constitutes the conclusion of a distance selling contract between the Seller and the Client. The Sale will only be considered final after the mailing of the confirmation email by the Seller and the reception in full of the price due.

The Seller reserves the right to suspend, cancel or refuse any Order from a Client, regardless of its nature and its level of performance, in the event of non-payment or partial payment of any amount due by the Client as well as in the event of a payment incident, fraud or attempted fraud relating to the use of the Site or with which there is a dispute concerning payment of a previous Order.

 

6.     Deliveries

The Products ordered by the Customer will be delivered in metropolitan France as well as EU countries under conditions.

Deliveries take place within 2 to 10 days of the carrier chosen for delivery in Metropolitan France and other EU countries as outlined in ‘Shipping; to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of the physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication.

If the Products ordered have not been delivered within 21 days after the indicative date of delivery, for any cause other than force majeure or the act of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.

Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.

7.     Withdrawal

The Customer is required to check the condition of the products delivered. He has a period of 14 days from delivery to make complaints by mail or email, accompanied by all the supporting documents related thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed to be compliant and free of any apparent defects and no claim can be validly accepted by the Seller.

 

 

8.     Conformity & Hidden Defects

The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration related to it will only be carried out when the Customer will physically take possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer has himself chosen the carrier. As such, the risks are transferred at the time of delivery of the property to the carrier

 

9.     Force majeure

The Seller and the Client will not be liable in case of non-performance or delay in the performance of one of their obligations under these Terms and Conditions arising from force majeure within the meaning of Article 1218 of the French Civil Code.

 

10.  Right of withdrawal

You have the right of withdrawal provided for by law as described in the information on the right of withdrawal, using the following form:


To Goodwin Prince T/a Aussi Bon 69 Rue du Rouet 13008, Marseille FRANCE:

-        /We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1)

-        Ordered on (1) / Received on (1)

-        Name of Consumer(s)

-        Address of consumers(s)

-        Signature of Consumer(s) (only if this form is notified on paper)

-        Date

 

 

11.  Intellectual Property

All elements of the Site aussi-bon.com, whether visual or audio, texts, layouts, illustration, photographs, documents, and other elements including the underlying technology, are protected by copyright, trademarks and patents.

Any reproduction, in whole or in part, of the accessible elements on the Site shall be strictly prohibited and shall expose the offender to civil and criminal proceedings.

The Seller is the owner of all intellectual property rights arising from the Site as well as all its components and holds any required licenses. The Seller owns all intellectual property rights and derived rights attached to the concept and editorial content used and/or published on the Site. In general, nothing in these Terms and Conditions shall be construed as conferring to the Client, directly or indirectly, any right (through a license or by any other means) on the names, trademarks, acronyms, logos and other distinctive signs of the Seller, with the exception of the rights owned by the Seller’s suppliers and potential partners, on their trademarks, logos presented on the Site.

In addition, the Seller shall retain ownership of all intellectual property rights on photographs, presentations, illustrations, and studies made for the purpose of the performance of the services to the Client. The Client acknowledges and agree not to reproduce or use any of the said studies, illustrations, presentations, and photographs without the prior express written authorization of the Seller. The Seller reserves the right to ask for a financial consideration.

 

12.  Revision of these Terms and Conditions

The Company reserves the right to update the content on the Site and revise these Terms and Conditions as well as any services provided, in whole or in part, at any times by updating this posting. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Site.

The refusal on the updated terms and conditions shall be explicit. Without such explicit refusal before the entry into force of the new provisions, the continued use of the Site and will constitute an acceptance of and agreement with such changes.

13.  Governing Law

These Terms and Conditions as well as all agreements and sales arising from them shall be governed and interpreted in accordance with the laws of France, without prejudice, where applicable, to the foreign police laws applicable to the Customer according to his/her place of residence.

These Terms and Conditions are written in French and English. In case of discrepancies between the French and other foreign languages versions of these Terms and Conditions, including in case of legal proceedings or dispute, the French version shall prevail.

 

14.  Dispute Resolution

In the event of a dispute, the Buyer must first contact the Seller's customer service by e-mail (info@aussi-bon.com) or post (69 Rue du Rouet Marseille 13008 FRANCE). In the event of failure to make a claim to the customer service department or in the absence of a response within two months, the Buyer may submit the dispute opposing the Seller to FEVAD's E-COMMERCE MEDIATOR SERVICE (http://www.mediateurfevad.fr/), which will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching a solution. The Buyer and the Seller remain free to accept or refuse recourse to the settlement of a dispute through mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court for resolving the dispute shall be that of the place of domicile of the defendant or that of the place of actual delivery of the Product. The language of these General Terms and Conditions of Sale is French. The present General Terms and Conditions of Sale are therefore subject to French law.

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