General Terms and Conditions of Sale and Use

General Terms and Conditions of Sale and Use (GTCS/ToU)


1. About us

SOFALIP, a simplified joint-stock company (SAS) with share capital of 432.54 euros, whose registered office is located in ORAISON (04700), 185 chemin du thuve, Quartier de l'infernet, registered with the Trade and Companies Register under number 006 450 043, represented by Mr François ROCHET (hereinafter the "Company"). The Company sells the following products to its Customers via its Website: organic food products.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/GTU"). Placing an Order implies acceptance of the GTC/GTU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take them into account before making a purchase. The photographs or graphics presented on the Website are not contractually binding.
The Client acknowledges having read and accepted them by ticking the box provided for this purpose before placing their Order online.
The GTC/TOU govern the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website.
They apply to all sales concluded by the Company and prevail over any conflicting document, in particular the Client’s general terms and conditions of purchase.
They are systematically communicated to the Client upon request.
In the event of any subsequent amendment to the GTCS/GTU, the Client is subject to the version in force at the time of their Order.

3. Definitions

"Customer" means the Professional or Consumer who has placed an Order for a Product sold on the Website ;
"Order" means any order placed by the registered User on this Site ;
"General Terms and Conditions of Sale and Use" or "GTC/GTU" refer to these general terms and conditions of online use and sale ;
"Consumer" means the buyer who is a natural person who is not acting for professional purposes and/or outside their professional activity ;
"Products" means tangible items that may be appropriated and that are offered for sale on this Site ;
"Professional" refers to the buyer, whether a legal or natural person, acting within the scope of their professional activity ;
"Site" refers to this Site, i.e. www.boutique-perlamande-noiseraie.fr or .com ;
"Company" means the company SOFALIP, more fully identified in Article I hereof; and
"User" means any person who uses the Site.

4. Registration

Registration on the Site is open to all legal entities or natural persons of legal age who have full legal personality and capacity.
Use of the Site is conditional upon the registration of a User. Registration is free.
To proceed with registration, the User must fill in all mandatory fields; otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all information provided on the Site, in particular when registering, is accurate and truthful. They undertake to update their personal information from the dedicated page available in their account.
Each registered User has a username and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties, under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall under no circumstances be held liable for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible, so that the latter may take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, may hold only one account on the Site.
In the event of non-compliance with the GTC/ToU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
Deleting the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and billed by the Site before the account is deleted will be fulfilled under normal conditions.
In the event of the deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC/TOU, the offending User is strictly prohibited from re-registering on the Site directly, through another email address, or through an intermediary without the express authorization of the Company.

5. Orders

The customer places an order by filling their cart. They can then access the summary of their virtual cart in order to confirm the Products they wish to order and place their Order by clicking the “Order” button.
He must provide an address, a delivery method, and a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. Finalization of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information regarding delivery. Placing an Order constitutes the conclusion of a distance sales contract between the Company and the Customer.

6. Products and prices

The Products subject to the GTC/TOU are those listed on the Site and sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site, and all their essential characteristics are mentioned. Sales are made subject to the Company’s available stock. The latter cannot be held liable for stock shortages or for the inability to sell a Product that is out of stock.
The photographs illustrating the products are not contractually binding. If any errors have been introduced therein, the Company may under no circumstances be held liable.
The texts accompanying the products are a reproduction of the information appearing on the packaging or come from the manufacturers, and under no circumstances may they incur the liability of SOFALIP.
When a User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, inclusive of all taxes (TTC), excluding shipping costs, and takes into account the discounts applicable and in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quote setting out the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
Customs duties:
Any order placed on the website and delivered outside France may be subject to customs duties and possible taxes imposed when the package reaches its destination. These charges, related to the delivery of an item, are payable by the customer and are their responsibility.
To find out about these fees, customers are responsible for checking with the competent authorities in their country.

7. Payment terms

Unless otherwise stipulated, all sales are paid in full at the time the Order is placed.
Payment can be made by:
• Check
• Bank card via a secure connection
• Bank transfer
In the event of total or partial non-payment for the Products by the date agreed on the invoice, the Client and/or Professional shall pay the Company a late payment penalty, the rate of which shall be equal to the rate applied by the European Central Bank to its refinancing operation plus 10 percentage points.
The selected financing transaction is the most recent as of the date of the Order for the Services.
In addition to late payment penalties, any amount, including the deposit, not paid by the Business Customer on its due date shall automatically give rise to the payment of a fixed indemnity of 40 euros due for collection costs.
In the event of total or partial non-payment for the Products on the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty at a rate equal to the statutory interest rate.
No set-off may be made by the Client between penalties for delay in the supply of the Products ordered and any sums owed by the Client to the Company in connection with the purchase of Products offered on the Site.
The penalty owed by the Client, Professional or Consumer, is calculated on the amount including VAT of the remaining sum due, and accrues from the due date of the price without any prior formal notice being necessary.

8. Delivery

The customer is delivered by tracked Colissimo or by carrier within ten days following their order; however, in the event of a product being out of stock, the order may be delayed.
SOFALIP will not be held responsible for delays caused by the Post Office or the carrier.
In the event of a delivery delay, we would be grateful if you could inform us as soon as possible so that we can identify the cause of such a delay and provide the appropriate responses.

Product delivery is available in Metropolitan France, Germany, Luxembourg, Italy, Spain, Belgium, Portugal, the Netherlands, and Ireland.

The Company undertakes to make every material and human effort to have the Products delivered as quickly as possible. These timeframes may vary depending on the Customer’s geographical area, the chosen delivery method, or the Product ordered.
In the event that the delivery deadline is exceeded by 15 days, except in cases of force majeure, the Client may request termination of the contract by registered letter with acknowledgment of receipt, after having instructed the Company, under the same terms, to make the delivery within a reasonable additional period, and if the Company has failed to do so.
In this case, the Client will be refunded within 30 days if a payment has already been made.

9. Complaint

In the event of broken or missing products being found, the customer must submit a claim to the email address commandes@sofalip.fr within 48 hours. A statement in which they express their reservations and claims, accompanied by supporting documents (delivery receipt countersigned by the carrier, photographs...)
A claim that does not comply with the conditions described above cannot be accepted.
The Company will issue a credit note for the value of the product received broken or send the missing product(s) as soon as possible and at its own expense, subject to stock availability.

10. Consumer’s Right of Withdrawal

All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by Articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer sends a statement to the following address: commandes@sofalip.fr
The Products must be returned in their original packaging and in perfect condition.Any product that has been opened and/or whose packaging is damaged will not be refunded.The products must be returned within 15 days from the Consumer’s notification of withdrawal to the Company. The direct costs of return remain the responsibility of the Consumer.
He will be reimbursed for the fees paid for placing the Order within 14 days following the Company’s receipt of his withdrawal statement. It being understood that transport costs remain the responsibility of the customer.
The refund will be made using the same payment method as the one used for the purchase.

11. Transfer of Risks and Ownership

The Company retains ownership rights over the Products sold until the Customer has paid the price in full. It may therefore retake possession of said Products in the event of non-payment. In such case, any deposits paid shall remain with the Company as compensation.
For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or when the goods are collected from the store if the Customer has chosen delivery to the Oraison factory outlet.

12. Legal warranties

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility. ”
Article L.217-5 of the Consumer Code:
“The item conforms to the contract:
1° If it is fit for the use usually expected of a similar item and, where applicable:
• if it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
• if it has the qualities that a buyer may legitimately expect in light of the public statements made by the seller, the producer or their representative, particularly in advertising or labeling ;
2° Or if it has the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter”
Article 1641 of the Civil Code:
"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid only a lower price for it, had he known of them."
Any Product resold altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or refund of non-compliant or defective Products. It is excluded in the event of improper use or abnormal use of the Product, as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
The Customer must inform the Company of the existence of defects within a period of two years. The Company will have the Products deemed defective rectified insofar as possible. If the Company’s liability is established, the warranty is limited to the amount excluding tax paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the warranty period.

13. Modifications

The Company reserves the right to modify the Site, the GTC/TOU, as well as any delivery procedure or other element constituting the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the GTC/GTU in force at the time the Order is placed.

14. Processing of personal data

Registration on the Site entails the processing of the Client’s personal data. If the Client refuses the processing of their data, they are requested to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Client has, at any time, the right to inquire about, access, rectify, modify, and object to all of their personal data by writing, by mail and providing proof of identity, to the following address: contact@perlamande.com
This personal data is necessary for processing their Order and issuing their invoices where applicable, as well as for improving the Site’s features.

15. Sharing of Collected Data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Client agrees that third-party companies may have access to their data to ensure the proper functioning of the Site.
These third-party companies only have access to the data collected as part of carrying out a specific task.
The Site remains responsible for the processing of this data.
Furthermore, the User may therefore receive information or commercial offers from the Company or its partners.
The User may object at any time to receiving these commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the emails received.
Furthermore, Clients’ information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
• comply with the law
• protect any person from serious bodily harm, or even death
• combat fraud or harm caused to the Company or its users
• protect the Company’s property rights.

16. Data Protection

The Company ensures a level of security that is appropriate and proportionate to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures in no way constitute a guarantee and do not bind the Company to an obligation of result regarding data security.

17. Cookies

To allow its Users to enjoy optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie makes it possible to store information relating to browsing on the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to place a file known as a “cookie” on the user’s hard drive.
The User has the option to block, modify the retention period of, or delete this cookie via their browser interface. If the systematic disabling of cookies on the User’s browser prevents them from using certain services or features of the Site, this malfunction shall under no circumstances constitute damage for the member, who may not claim any compensation on this basis.

18. Liability

The Company may under no circumstances be held liable for the unavailability, whether temporary or permanent, of the Website, and although it makes every effort to ensure the continuous provision of the service, it may be interrupted at any time. Furthermore, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any update, improvement, or maintenance operation.
As previously mentioned herein, the Company may under no circumstances be held liable for delivery delays for reasons beyond its control, independent of its will, unforeseeable and irresistible, or for which fault cannot be attributed to it.

19. Intellectual Property

The trademark, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected under copyright law, the ownership of which belongs exclusively to the Company. Any distribution, exploitation, representation, or reproduction, whether partial or complete, without the Company’s express authorization will expose the offender to civil and criminal proceedings.

20. Jurisdiction clause

The law governing the GTC/ToU is French law. Any dispute relating to our sales, even in the event of a warranty claim or multiple defendants, shall, failing an amicable agreement, fall under the exclusive jurisdiction of the relevant territorial court, French law being, in this case, the only applicable law.

21. Consumer mediator

In accordance with Ordinance No. 2015-1033 of August 20, 2015, its implementing Decree No. 2015-1382 of October 30, 2015, Articles L.611 to L.616 and R612 to R616 of the Consumer Code, the consumer customer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for an amicable resolution through mediation, within a period of less than one year from the date of their written complaint to the professional.
This establishment has designated SAS Médiation Solution as its consumer mediation entity, by signing an agreement registered under number CS000355/1907

To refer the matter to the mediator, the consumer must submit their request:

- Or in writing to: Ms. Eliane SIMON, mediator
SAS Mediation Solution
222 Shepherd's Hut Road
01800 Saint Jean de Niost
Tel. 04 82 53 93 06

- Or by email at: contact@sasmediationsolution-conso.fr

- Either by filling out the online form entitled “Refer the matter to the mediator” on the website
https://www.sasmediationsolution-conso.fr

Regardless of the method of referral used, the request must imperatively contain:
- The applicant's postal, telephone and email contact details,
- The name and address of the professional concerned,
- A succinct statement of the facts,
- Proof of the prior steps taken with the professional

22. Acceptance of the GTC/TOU

The Client or the User expressly accepts the General Terms and Conditions of Sale/General Terms and Conditions of Use.
The Client declares that it is aware of this and waives the right to rely on any other document, in particular its own general terms and conditions of purchase.
The Consumer acknowledges having been made aware of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
• The essential characteristics of the Product ;
• the price of the Products ;
• the date or timeframe by which the Company undertakes to provide the Service ;
• information relating to the Company’s identity (postal, telephone, and electronic contact details) ;
• information relating to legal and contractual warranties and the procedures for their implementation ;
• the possibility of resorting to conventional mediation in the event of a dispute ;
• information relating to the right of withdrawal (time limit, methods of exercise).

«J'ai adoré pouvoir commander aussi bien des fruits secs en vrac que des pâtes à tartiner, des purées d'oléagineux et d'autres produits gourmands sur un seul site.»

Alice d.

«Je ne connaissais pas Nuts Family et j'ai été agréablement surprise. Le choix est large, les produits donnent envie et la qualité est au rendez-vous. Une belle découverte !»

GEORGES M.
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FAQ

How to use dried fruit purees & plant-based drinks?

You can use nut purees in your recipes as a substitute for fat, in both sweet and savory dishes. For example: in a sauce, as a pie crust, in pastries, etc. Plant-based drinks can be enjoyed as a refreshing beverage or also used in your recipes. Check out our recipes: recipe ideas link.

Where do the ingredients come from?

We carefully select our ingredients from rigorously chosen suppliers. Depending on the product, our dried fruits, seeds, and ingredients may come from France, Europe, or countries outside the European Union. Most of our ingredients are organically grown, but we also offer conventional products, always selected for their quality and taste. Discover all our origins on our Origins page.

When do products expire?

Before and after opening, the expiration date is indicated on the product. It is advisable to store the products in a dry place, away from light and heat.

How can I track my order?

Once your order has been shipped, you will receive a tracking link by email. You can also view it in the My Account > Order History > 🔎 section.

What is the procedure in case of breakage?

In the event of breakage, please send an e-mail to commandes@sofalip.fr accompanied by the reference of your order and photos to present proof of breakage and/or damage to one or more products ordered. After processing, and if your request is accepted, we will issue a credit equivalent to the amount including tax of the non-consumable product(s). The credit, valid for 12 months, can be used for a new order on the eshop site.

My product has oil on the surface, what should I do?

Due to temperature variations, a surface layer of oil containing unsaturated fatty acids, vitamins, and minerals may form. In this case, stir before consuming. You can store your product with the lid facing down 😉.

What is the composition of our dried fruit purees?

Our nut purees are made from 100% organic dried fruit, finely ground to preserve their full nutritional value and authentic taste. They are guaranteed additive-free, sugar-free, gluten-free, and 100% vegan. We strive to keep our product as natural as possible: fine particles of shells may occasionally be present, despite all the care taken in selecting and processing the dried fruit.

What are the benefits of consuming our dried fruit purees?

Rich in healthy fats, plant-based proteins, fiber, vitamins, and minerals, these 100% organic dried fruit purees are both nutritious and satisfying. They provide quality energy, contribute to the proper functioning of the body, and easily fit into a balanced diet. Made with organically grown fruit, they are natural, additive-free, and environmentally friendly.