GENERAL TERMS OF SALE

ARTICLE 1 – FIELD OF APPLICATION

The following General Terms and Conditions of Sale (GTC) apply to the exclusion of all other conditions, and more particularly those applicable to in-store sales or sales made through other distribution and marketing channels.
These General Terms and Conditions are accessible at any time on the website and will prevail, if necessary, over any other version, or any other conflicting document.
The customer declares that he/she has read the General Terms and Conditions and has accepted them by checking the box provided for this purpose before the implementation of the online placing of orders, as well as the General Terms of Use (GTU) of the website.
The General Terms and Conditions may be subject to later modifications, the version applicable to the customer’s purchase being the one in force on the website at the date of order placement.
Unless proven otherwise, the data recorded in the seller’s computer system constitutes proof of all transactions completed with the customer.
The confirmation of the order by the customer implies acceptance without restriction or reservation of the General Terms and Conditions.
The present General Terms and Conditions apply, without restriction or reserve, to all sales concluded by the company PURE SALMON FRANCE SAS, a simplified joint stock company, registered under the SIREN number 884 324 617, whose head office is located at 105 rue du Faubourg Saint-Honoré, 75008 PARIS, FRANCE (“the Seller”), with consumers and non-professional buyers of legal age (“the Customers”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website www. Share-natural.com (“the Website”).
In particular, they specify the conditions of order, payment, delivery and management of any returns of Products listed in the online store catalog, ordered by the Customer.
The main characteristics of the Products are presented on the Website. The Customer is required to read them before placing an order. The choice and purchase of a Product is the Customer’s sole responsibility.
The photographs and information presented on the Web Site are not contractual and shall in no case engage the responsibility of the Seller.
The Seller reserves the right to modify the Product composition according to the hazards related to raw material supplies and/or in accordance with the precautionary principle.
The composition of the purchased Product corresponds to the composition indicated on the Website on the day the order is placed / on the packaging of the Product upon delivery.
Product offers are subject to stock availability, as specified when the order is placed.

ARTICLE 2 – ORDERS

2.1. Username and password
When placing the first order, a username and password are chosen by the customer. The username and password are proof of the customer’s identity and bind him/her to any order he/she has placed. The customer is solely responsible for his login and password and shall be responsible for the consequences that may result from any use by third parties who have knowledge of them unless he/she can demonstrate that the knowledge of this login and password results from a fault of the seller.
If the customer forgets his/her password or username, he/she can use the Website to retrieve his/her username and choose a new password.
2.2 Orders
The registration of an order on the Website is effective when the customer accepts the present General Terms and Conditions of Sale by ticking the box provided for that purpose and validates his/her order.
The customer has the possibility to check the details and total sum of his order ,and to correct any errors before confirming its acceptance (article 1127-2 of the French Code Civil). This confirmation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the agreement of sale.
It is therefore up to the customer to check the accuracy of the order and to immediately report any error.
In case of an error in the wording of the customer’s details, the seller shall in no case be held responsible for the failure to deliver to the recipient.
The sale shall be considered final only once the Seller has sent the customer confirmation of order acceptance by e-mail and once the seller has received the total payment.
Any order placed on the Website constitutes the establishment of a contract concluded remotely between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The customer may follow the status of his order on the Website.

ARTICLE 3 – PRICING

Product prices are displayed in Euros. They include all taxes and exclude shipping costs. The Seller reserves the right to revise prices at any time. However, the products will be invoiced based on the rates in effect at the time the order is placed.
The shipping costs are indicated at the time of the order placement and before the order is validated by the Customer.
In case of order towards a country other than France, the potential customs fees or local taxes will be the responsibility of the recipient.

ARTICLE 4 – TERMS OF PAYMENT

The price is payable in full, on the day the order is placed by the Customer, by the various secure payment methods, by bank cards (Visa, MasterCard, American Express or other blue cards) or by PAYPAL.
All information transmitted from the Website to the payment system is systematically encrypted to ensure its confidentiality. All credit card payments made on the website are immediately debited.
To be registered, the order must be paid in full. Any order that has not been paid for will not be processed.

ARTICLE 5 – SHIPMENT & DELIVERY POLICY

The products are shipped to the delivery address provided by the customer at the time of order, in the following delivery zones: Metropolitan France
The customer is responsible for the name and address details of the recipient. This information must be precise, exact, and complete in order to ensure that delivery is made under normal conditions. The seller shall in no case be held responsible for a return of the delivery due either to an error in the address, or to an impossibility to deliver to the indicated address.
The seller agrees, after confirmation of payment, to process and deliver the said order to the indicated delivery address, according to the procedure and time slots of its choice. Orders received via Internet, after acceptance of payment by the credit card center and its effective receipt by the seller are prepared and shipped within the time corresponding to the chosen delivery method.
For each order placed, the seller will specify to the customer the delivery method and time, and if necessary, the required amendments due to delivery difficulties.
Under no circumstances shall the seller be held responsible for any deterioration of the products due to the customer’s late collection.
Finally, if the product under the responsibility of the carrier was not delivered for any cause other than one linked to customs, strikes, damages, or any other cause of force majeure as defined by the courts, the sale will be resolved at the customer’s written request under the conditions foreseen in the articles L.216-6, L.216-7 and L.241-4 of the French Code of Consumer rights. The sums paid by the customer will then be refunded in the fourteen days which follow the date of denunciation of the contract at the latest, to the exclusion of any compensation or retention.

6 – PRODUCT AVAILABILITY

Products sold on the Website are subject to availability. A product that has become unavailable will be removed from the online product catalog at the earliest opportunity.
However, in the event of a supply shortage, the Seller will contact the Customer by telephone or e-mail as soon as possible to agree with him the following:
– to postpone the delivery pending the restocking of that Product, when possible; or
– to replace the Product with another one that is equivalent in quality and price.

ARTICLE 7 – TRANSFER OF OWNERSHIP, TRANSFER OF RISKS

In accordance with the provisions of article L.216-2 of the French Code of Consumer rights, when the seller takes charge of the shipping of the sold goods, the transfer of the risks will be carried out at the moment the customer physically takes possession of the goods.
The transfer of property of the seller’s products, to the favor of the customer, will be realized only after the customer has paid the full price, whatever the delivery date of the said products. It is the responsibility of the recipient to check the shipments upon arrival and to make any reservations that appear justified, or even to refuse the parcel if it is likely to have been opened, or if it bears signs of deterioration. In the event of a problem, the recipient must immediately inform the seller’s Customer Service Department.

ARTICLE 8 – PRODUCT RETURN POLICY

In accordance with the seller’s business policy, should the customer wish to return the product and receive a refund, he/she must request a return label from the seller’s customer service department, and return the product within 14 days of the product’s date of receipt of to the following address:
contact@share-natural.com.

The Product must be returned in perfect condition, in its original sealed packaging, within 7 days (according to proof of shipment date) after the return label has been sent to the following address:

Pure Salmon
Retour Share Natural
5, rue Pierre Remoleux
62200 Boulogne sur Mer

Customer shall bear all risks of such shipment. Seller shall not be liable for loss, theft, or delay of the returned Product. The Customer shall bear the burden of proof of return.
Provided that the returned Product complies with the conditions of return (perfect condition, sealed packaging), the Seller will proceed with the refund of the amounts paid, within 14 days of its receipt at the latest.

ARTICLE 9 – CANCELLATION POLICY

In any case, the Customer has the right of cancellation, under the conditions defined in the present clause.
In accordance with article L.221-28 of the French Code of Consumers’s Rights, “the right of cancellation may not be exercised for contracts […]:
– supply of goods made to the consumer’s specifications or clearly personalized ;
– supply of goods likely to deteriorate or expire quickly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;”.
For other Products, in accordance with article L.221-18 of the French Code of Consumers’s Rights, the Customer has fourteen days from receipt of the Product to exercise his right of cancellation from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in a perfect state of presentation and conservation, within fourteen days of the notification to the Seller of the Customer’s decision to cancel.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) to allow them to be put back on the market in a new state, accompanied by the purchase invoice.
Damaged, unclean or incomplete products are not accepted.
The Customer shall exercise his right of cancellation by informing the Seller of his decision to withdraw by an unambiguous e-mail sent to the following address: contact@share-natural.com. He shall mention his name, postal address, telephone number and e-mail address.
Alternatively, the Customer may use the model cancellation form provided in Appendix 1.
Upon receipt of the withdrawal request, the Seller shall send the Customer a return label.
The product must be returned, at the Customer’s expense, in its original packaging, in good condition, i.e. without excessive handling (absence of significant deterioration of the packaging or the product), at the latest within fourteen days following the communication of the Customer’s decision to withdraw and accompanied by all accessories and instructions, if any, and the invoice to which the Products relate, to the following address
Pure Salmon
Return Share Natural
5, rue Pierre Remoleux
62200 Boulogne sur Mer
A Product that has suffered depreciation as a result of excessive and unnecessary handling (in particular, damaged, returned incomplete, used, or whose label has been removed, etc.) cannot be returned.
The Customer bears all risks of this shipment. The Seller shall not be liable for any loss, theft or delay of the returned Product. The burden of proof of return is on the Customer.
In case of exercise of the right of withdrawal, the Seller shall proceed to the refund of the sums paid at the latest within 14 days from the date on which the Seller is informed of the Customer’s decision to withdraw. This refund date may be deferred until the product has been recovered, or until the Customer has provided proof of shipment of the product, the date retained being that of the first of these facts.
The refund will be made by the same means of payment as for the purchase, unless the Customer expressly agrees that the Seller may use another means of payment, without any additional charge to the Customer.
In accordance with the provisions of article L221-28 of the French Code of Consumers’sRights, the right of withdrawal does not apply to products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

ARTICLE 10 – PRODUCT WARRANTY

For the purposes of this article, it is specified that all food products available for sale on the Website have a shelf life of 18 months maximum. These Products are considered “Perishable Products”.

The Seller guarantees to the Customer that they are produced and packaged according to strict quality rules, and kept in accordance with the standards in force in France.

The Products supplied by the Seller are covered by law, in accordance with the following legal provisions :
– the legal guarantee of conformity, for Products that are obviously defective, damaged or do not correspond to the order,
– the legal guarantee against hidden defects.

It is reminded that within the framework of the legal guarantee of conformity, the Customer :

– has a period of two years from the delivery of the goods to take action against the Seller;

– may choose between repairing or replacing the Product ordered, subject to the cost conditions set forth in Article L 217-12 of the French Code of Consumers’Rights;

– is exempted from proving the lack of conformity of the Product during the 24 months following the delivery of the Product, unless the presumption of non-conformity is incompatible with the nature of the Product, or of the invoked defect.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the French Civil Code; in this case, he/she may choose between the resolution of the sale or a discount of the sale price in accordance with 1644 of the French Civil Code.
In order to assert its rights, the Customer: shall inform the Seller, in writing, by e-mail or by post, of the non-conformity of the Products or the existence of hidden defects within a maximum period of one year from the delivery of perishable Products and two years for non-perishable Products; shall provide the dated proof of purchase of the Product and shall return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.) to the address

Pure Salmon
Return Share Natural
5, rue Pierre Remoleux
62200 Boulogne sur Mer, France
The Seller will reimburse or replace Products that are deemed to be non-conforming or defective. Shipping costs will be refunded on the basis of the invoiced rate and return shipping costs will be refunded upon presentation of receipts.
Refunds for Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect.
The reimbursement will be made by crediting the Customer’s bank account used at the time of purchase. With regard to perishable Products, the Seller shall not be held liable in the event that the Customer fails to comply with the optimal storage conditions and/or instructions, or if the Customer has consumed the Products beyond the expiration date indicated on the packaging. However, for all Products sold, the Seller shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, an accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 11 – INTELLECTUAL PROPERTY

Website content and the Website itself are the property of the seller and its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of the Website and/or its content is strictly prohibited and is likely to constitute an infringement of copyright.
In addition, the seller shall retain all intellectual property rights on the forms, recipes, photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the customer) for the purpose of providing the products to the customer. The Customer shall therefore refrain from reproducing or exploiting the said forms, recipes, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the seller, who may make such authorization subject to a financial compensation.

ARTICLE 12 – FORCE MAJEURE

The parties shall not be held liable if the non-performance or the delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the French Civil Code.
The Party experiencing the event shall immediately inform the other party of its inability to perform its service and justify it to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation shall be suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other of the resumption of its obligation by email, giving rise to a confirmation email of acknowledgement of receipt by the addressee, and in the absence thereof by registered letter with acknowledgement of receipt, or any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply terminated. During this suspension, the Parties agree that the costs generated by the situation shall be payable by the prevented Party.

ARTICLE 13 – APPLICABLE LAW – DISPUTES

The present General Conditions and all operations referred to herein are subject to French law.
In the event of a dispute, the customer shall contact the seller to find an amicable solution.
However, in accordance with Articles L.612-1 and subsequent of the Code of consumer rights, the customer may contact a consumer mediator, via the site […], in order to resolve a dispute amicably. Before seizing the aforementioned mediation service, the customer must imperatively have contacted the seller to try to resolve the dispute. Email must be sent to the following address:
contact@share-natural.com