General Terms and Conditions
The present general conditions of sale apply to all orders placed on the website produitsdubresil.com and for orders placed by companies or individuals by telephone. In a general way, they govern the relations between produitsdubresil.com and its users.
Clause 1 - Corporate identification
Corporate identification :
Ola Publishing SAS
Capital of 2000 euros
10 Place du Maréchal Joffre
SIRET 830 722 922 00028
TVA FR61 830722922
Clause 2 - Juvenile Prevention
- Under Ordinance No.59-107 of 7 January 1959 and Act No.74-631 of 5 July 1974, the sale of alcohol to minors under 18 years of age is prohibited.
Anyone ordering wine, beer, cachaça or any form of alcoholic beverage from Produits du Brésil therefore undertakes to be over 18 years of age at the date of the order.
- Alcohol abuse is dangerous for your health. Consume in moderation.
Clause 3 - Price
Our prices are all indicated in euros on the site. The price is inclusive of all taxes, i.e. all taxes included, excluding processing and shipping costs.
Produits du Brésil - the shop reserves the right to modify its prices at any time. When placing an order, the products will be invoiced on the basis of our price list in force at the time the order is placed.
The products remain the property of ProduitsduBresil.com until full payment of the order.
In the case of completed orders that will be shipped outside the European Union
If you place an order to be shipped outside of Metropolitan France, you are the importer of the product(s) concerned. For all products that are not part of the European Union and Overseas Departments and Territories, the price will be automatically calculated net of tax on your invoice. Customs duties or other locally applicable taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of ProduitsduBresil.com, and they are your responsibility and will be exclusively at your expense, both in terms of declarations and payments to the authorities and/or competent bodies of your country or the country to which you wish the order to be shipped. Therefore, we advise you to enquire about all these aspects with your local authorities, including those relating to possible import restrictions on the products you intend to order.
Some special cases concerning orders shipped within the European Union
As previously mentioned, the price is calculated inclusive of all taxes. If you are a professional and you have an intra-community VAT number and you wish to be exempt from VAT, you must first contact ProduitsduBresil.com by telephone or email (see contact tab on the website). We will inform you of the procedure to follow. Orders that will be placed directly on the website without having contacted us beforehand will not be able to benefit from the VAT exemption even if you have informed us of it when you placed your order.
Clause 4 - Copyrights
The website is the property of Ola Publishing SAS in its entirety, as well as all related rights. Any reproduction of the website, whether in whole or in part, will be systematically subject to the authorisation of the company's manager. However, hypertext links to the website are authorised without prior request, provided that these links do not cause undesirable side effects to the website, in particular with regard to its natural referencing on search engines. In this case, we will ask you to remove the link to produitsdubresil.com from your website.
Clause 5 - Processing and shipping costs
We offer you 3 modes of delivery :
UPS Access Point : delivery to a relay point of your choice. The shipping costs are indicated directly on the website when you place your order. The delivery time usually takes 2 to 4 working days. In the Paris region, this time may be longer due to the availability and capacity of the relay points for receiving parcels. The delivery time is communicated to you as an indication. Due to the nature of the relay point delivery service, it is possible that the carrier may be forced to change the place and date of delivery for reasons including, but not limited to: the permanent or temporary unavailability of the relay point or the refusal of receipt of the package by the relay point. The delivery time indicated is not guaranteed and no delay in delivery shall give rise to any compensation or refund.
Mondial Relay : delivery to a relay point of your choice. The shipping costs are indicated directly on the website when you place your order. The delivery time usually takes 3 to 6 working days. Please note that at Mondial Relay, Monday is not a business day. In the Paris region, this delay may be higher due to the availability and capacity of the relay points regarding the reception of parcels. The delivery time is communicated to you as an indication. Due to the nature of the relay point delivery service, it is possible that the carrier may be forced to change the place and date of delivery for reasons including, but not limited to: the permanent or temporary unavailability of the relay point or the refusal of receipt of the package by the relay point. The delivery time indicated is not guaranteed and no delay in delivery shall give rise to any compensation or refund.
Express delivery at home : delivery to an address in Metropolitan France. Normally, the carrier delivers within 24 hours (1 working day). The carrier will be chosen by Produits du Brésil. The shipping costs are indicated directly on the website when placing the order. The delivery time indicated is not guaranteed and no delay in delivery can give rise to any compensation or refund.
On site: you can pick up your package at the head office of Produits du Brésil at the address displayed on the contact page of the shop. Please, let us know the time of your visit by phone or email.
Clause 6 - On the products and their availability
The photographs displayed on the website are not contractual. In the event of minor changes (e.g.: wedging of another model or a different color, etc.), under no circumstances can the responsibility of Produits du Brésil be engaged.
In case of stock shortage, we will contact you for:
Offer you a refund of the unavailable product(s) by check or credit card.
Offer you the replacement by other products of your choice. In this case, the value must be equivalent to that of the missing product(s).
Offer you a refund of your order in the form of a voucher that can be used on our website.
The order will not be validated until we have a decision from you.
Clause 7 - How to place an order
You can place an order :
- On internet : produitsdubresil.com
- By phone : +33 3 65 89 05 37 (non-surcharged number)
Clause 8 - Language
Contractual information are in French.
Clause 9 - Order validation
Validation of the order by the customer
By placing an order on this website or by phone, you declare that you have read and accepted without reservation these General Terms and Conditions of Sale (GTC) before placing the order. Thus, the validation of your order is equivalent to acceptance of the GCS. These general terms and conditions of sale shall prevail over any other document, unless prior express written exemption.
After the validation of your order, and if you have informed us of your email address, you will receive a confirmation message with a summary of the order.
Unless proven otherwise, the data recorded by produitsdubresil.com constitute the proof of all transactions carried out between produitsdubresil.com and its customers.
Validation of the order by Produits du Brésil
Upon receipt of you order, we ensure that the data provided is correct. Produits du Brésil fights against fraudulent payments. Thus, we reserve the right to carry out any essential investigation before the validation of an order received. We will ask you, for example, if necessary, a proof of residence or the coordinates of your bank agency. If this is the case, the order will be put on hold during the checks. If after a period of 10 working days we are unable to validate your order, it will be cancelled and all sums paid will be duly refunded. If we are in the process of exchanging documents and information, we may, if necessary, extend this period.
If ever there is a dispute in place with a customer concerning a previous order, produitsdubresil.com reserves the right to cancel the new order.
If ever the customer has made a mistake on the information transmitted to produitsdubresil.com that prevents us from delivering the package (for example, a wrong address), the seller cannot be held responsible for the impossibility of delivery.
Clause 9.1 - Pre-order products
If your order contains products displayed with the mention "pre-order available" (in Portuguese, pré-venda disponível), your entire order will be sent when all products are available at Produits du Brésil. Normally, a pre-ordered product will be sent between 10 and 15 days from the date of the order or, if possible, earlier. Should this period be longer due to logistical delays or any other unexpected situation, we will contact you to notify you.
Clause 10 - Shipping and billing address
The products will be delivered to the delivery address indicated when you place your order. The invoice will contain the name and address indicated on the "billing address" tab of the website. If you do not provide a billing address different from the delivery address, the invoice will be issued with the same details as those on the delivery address.
In the case of an incomplete or incorrect address at the time the order is placed on our website and, consequently, preventing the carrier from making the delivery, Produits du Brésil is not responsible for this situation. Thus, the carrier will follow its usual procedure and you must comply with it. If the carrier tries to contact the customer and the customer cannot be reached, it is the responsibility of the customer to contact the carrier. If the carrier returns the package to the sender (Produits du Brésil), the shipping costs related to the failed delivery will not be refunded.
After confirmation of the order, we will deliver your package to the carrier containing all the references ordered within a maximum of 48 working hours. The carrier undertakes with produitsdubresil.com to deliver the order to the relay point or to the address given by the customer on the "delivery address" tab.
In the event of a strike by postal services, road carriers, public demonstrations, any other social disruption, bad weather conditions and any other case of force majeure (war, fire, riot, strikes, accidents, impossibility of supply), delays could be extended without Produits du Brésil being help for responsible for any delay or being obliged to pays damages.
In case of apparent defects, the buyer has the right to return the goods under the conditions provided for this document.
The good always travel at the recipient's risk.
Always check your package upon arrival. You have 48 hours to make any reservations to the carrier in case of missing or damaged.
For reasons of availability, an order may be delivered to the customer in several times. In this case, the customer will only pay for one delivery. If the customer wishes to have 2 distinct delivery places, he places 2 orders, with the related delivery costs.
If ever you are absent from your home when the delivery man passes by, a delivery notice will be left in your letter box. You will then be able to collect your parcel from the agency indicated on the delivery note, provided with the latter and an identity card.
If the recipient does not claim his package within 15 days, it will be returned to us and we will inform you by email.
Clause 11 - Cancellation period
All food products sold on produitsdubresil.com, with the exception of cachaça, are marked with a use-by date (DLC or Val in Portuguese). Thus, in accordance with Article L221-28 of the Consumer Code, these products are excluded from the right of withdrawal. For other products, in accordance with the provisions or article L.121-20 of the Consumer Code, you will have a period of fourteen (14) clear days, from receipt of the product(s) ordered, to exercise your right of withdrawal without having to justify your reasons or pay any penalties. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is postponed until the first following working day. In the case of a shipment
According to the same article of the above-mentioned law, the buyer undertakes to return the product(s) for which he exercises his right of withdrawal, at his own expense.
If you wish to exercise your right of withdrawal within the period indicated above, please contact Produits du Brésil by phone at 03.65.89.05.37 or by email at email@example.com We will reimburse you the sums paid by the buyer, free of charge, with the exception of the return costs. The refund will take within a maximum period of 30 days following your request.
Returns must be made in their original condition and complete (packaging, recipe sheet, instructions, etc.). Return address : OLA PUBLISHING - 10 Place du Maréchal Joffre, 80000, AMIENS.
We do not accept returns of products that have been opened or whose packaging has been damaged. If these products are nevertheless returned, they will not be reimbursed in any for whatsoever.
In your package of retraction or product exchange, please include a letter informing us:
that it is a request for withdrawal or exchange
the date of the order
the date of receipt of the order (if you remember)
the order number (you can find it in the confirmation email)
your full name
your email and phone number
We ask you this information in order to identify your package upon arrival. The phone number is useful to us to contact you if we are unable to identify your package.
Clause 11.1 - Return of parcels by the carrier, parcels not arrived or lost, parcels not picked up at the pick-up point
In the case of home delivery, if your package was returned to us by the carrier because the address was wrong, because the recipient was unavailable, or because of any other situation that hindered its delivery, we will notify you as soon as possible. It is possible that a second shipment may be made in return for payment by the buyer of the shipping costs for an amount identical to the amount paid at the time of the order.
In the case of UPS Access shipments, we will notify you by email, SMS or phone when the package arrives at the collection point. In the case of a shipment to a Mondial Relay Pickup Point, you will be notified by Mondial Relay via SMS of the arrival of the package at the pickup point, and only if you have provided a valid mobile phone number when ordering on produitsdubresil.com. In both cases, the package will be kept at the collection point for a minimum of 7 consecutive days. The conservation of the package beyond this period is not guaranteed and your package could be returned to us at any time. It is your responsibility to go to the pick-up point, with your identity card, in order to pick up your package. Any package that is returned to us for non withdrawal will not be refunded. If you wish, we can proceed with a second and final shipment against payment by the buyer of the actual shipping costs, i.e. twice the amount paid at the time of the order.
If ever your package was lost or mislaid during its transport, by the Post Office or by the carrier and you have never been delivered, Produits du Brésil undertakes to send you a second package at its expense. To do so, we ask you to provide us with a certificate of honor mentioning the non-receipt of the package and your commitment to refuse receipt of the first package if it arrives safely only after your declaration of non-receipt. We will use this attestation as proof to file a complaint with the carrier and, if necessary, with the police. If the second package still does not arrive safely, Produits du Brésil will refund the original order.
Clause 11.2 - Damaged goods
Some packages may be a little damaged (a little wrinkled, for example), but in a very light way. This is normal and due to the transport from Brazil to Europe. However, if the packaging or the product arrives well damaged, we will proceed to the checks and ask you to provide us with any useful information or photos. We will analyse the request and give you a favorable or unfavorable answer.
In the event of a favorable response, we will be able to exchange the product(s) concerned or reimburse you.
To set up this procedure, please contact us by e-mail at firstname.lastname@example.org or by phone at 03.65.89.03.48 to explain in detail the problem encountered.
We do not accept any replacement or return of product after a period of one month following your order.
Clause 11.3 - Order containing a picking error
If ever we made a mistake during the preparation of your order, we apologize and thank you for contacting our team at 03.65.89.03.48 or by email at email@example.com. Thank you for describing the problem in detail.
We will ask you to take pictures or to provide us with any information that will help us to carry out our checks. After analysis, if we give you a favorable answer, you will be able to return at our expense the products that we have wrongly sent you. In the case of products not received (missing) in your package, they will be sent back to you or refunded at the expense of Produits du Brésil.
Clause 11.4 - Home delivery and recipient absence
In the case of a home delivery, it is the responsibility of the customer to follow the path of the package through the tracking link sent by email by Produits du Brésil, and to be present and available at the delivery address provided. In the case of a home delivery and in case of unavailability of the recipient noted by the carrier, the order will generally be deposited in a store near the delivery address initially planned. This shop is part of the carrier's distribution network. The deposit of an order in a shop near the delivery address initially planned will not give right to any compensation or refund. In the case of conflict of assertions concerning the presence or availability of the recipient, only the report made by the carrier and appearing in the tracking of the package is authentic.
It is possible that a second delivery attempt may be made, but this decision remains at the sole discretion of the carrier. This is in no way an obligation. For orders that are returned to us after a minimum of 2 unsuccessful delivery attempts or due to non-withdrawal from the trade ("relay point"), article 11.1 of these GTC prevails.
Clause 11.5 - Parcels delivered outside the delivery time
In the event of missed delivery deadlines, Produits du Brésil undertakes to carry out any necessary investigation and to reimburse shipping costs. Apart from the reimbursement of these costs, overruns of delivery times may not give rise to damages, deductions, late penalties, or cancellation of orders in progress. Produits du Brésil will inform the customer as soon as possible of any delay.
Clause 12 - Reimbursement terms and conditions
In the case of a refund, we will do so in the best way possible for you, but within the limit of what is administratively possible for Produits du Brésil.
Refunds for credit card payments will be made directly to your credit card. A refund usually takes 5 to 12 days to appear on your credit card statement. If for any reason we are unable to refund a credit card payment made directly to the credit card, we will make a bank transfer or send a cheque to the customer.
In the case of a refund of a payment made by cheque, a cheque will be issued to the order of the purchasing customer and sent by email.
Clause 13 - Use of discount coupons (promotion code)
We distribute promotional codes and discount coupons during our commercial and advertising actions. Vouchers or codes cannot be sold or transmitted. Their limited date of validity is always displayed, either on the paper version, on the website or on the promotional email sent to customers.
They can only be used once and for a single order. Depending on the promotion organized by Produits du Brésil, a promotional code or discount coupon may not be applicable on the purchase of certain products. This decision is at the discretion of Produits du Brésil.
You may not use a promotional code or discount coupon to purchase a gift certificate. Also, some discount vouchers or promotional codes will only be valid from a minimum purchase amount which will be clearly specified on the paper version, on the website or on the message received by email.
The amount of the order cannot be less than the amount of the discount voucher or promotional code, as no credit, difference payment or refund will be granted when using them. The amount of the order that exceeds the amount of the discount coupon can be paid by one of the payment methods offered on the website.
In the case of a refund or return of goods paid with a discount coupon or promotional code, the amount corresponding to the discount will not be refunded.
To use its benefits, you must inform the promotional code or enter the coupon code before finalizing the order. No request for reduction will be accepted afterwards.
In the case of a partial retraction where you have used a discount coupon or promotional code during the purchase, Produits du Brésil reserves the right to apply the standard price of the product (without reduction) if the total amount of the remaining order is less than or equal to the value of the discount coupon used.
Clause 14 - Copyright protection
All the elements of the Produits du Brésil website are and remain the exclusive intellectual property of www.produitsdubresil.com, except for generic photos and those duly purchased from image banks. No one is authorized to reproduce, exploit, disseminate or use for any purpose whatsoever, in whole or in part, the elements of the website (for example, recipes, photos, blog posts, text in general, product descriptions, videos, etc.).
Clause 15 - La responsabilité de Produits du Brésil
Produits du Brésil is not responsible, neither civilly nor criminally, for the inappropriate use of the products marketed on the website or for damages for which the responsibility would belong to the supplier of the accused product.
Clause 16 - Warranty
With regard to food, the consumption dates indicated must be respected by the customer. Whatever the case may be, Produits du Brésil shall not be held liable for failure to comply with the regulations and laws in force in the country where the products are received. The liability of Produits du Brésil shall be systematically limited to the value of the products held liable at the date of sale, and with no possibility for filing claims against the brand name or product manufacturer. Whatever the case may be, the client benefits from the legal warranty pertaining to latent defects (Art.1625 and following of the French Civil Code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (Art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short time" from the discovery of the hidden defect (Art.1648 of the Civil Code). You can contact our after-sales service by telephone 5 days a week (Monday to Friday from 9:00 to 12:30 and from 13:30 to 17:00) at 03.65.89.05.37 or by e-mail at firstname.lastname@example.org (response within 48 working hours).
Clause 17 - Litigation and applicable law
This contract is subject to French law. The contractual language is the French language.
Produits du Brésil shall not be held liable for damages of any kind, whether material, immaterial or corporal, that may result from improper operation or misuse of the products marketed. The same applies to any modifications of the products resulting from the manufacturers.
In any case, the liability of Produits du Brésil shall be limited to the amount of the order and shall not be held liable for simple errors or omissions despite the precautions made by in the presentation of the products.
In view of article L. 612-1 of the Consumer Code, "any consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable settlement of a dispute with a professional".
Thus, if you ever have difficulties or questions to settle with Produits du Brésil, we invite you to contact us by phone at 03.65.89.03.48 or by email at email@example.com. If we do not succeed in resolving your problem, you may call upon the services of a mediator within one year of receipt of your request by our after-sales service, with a view to considering an out-of-court settlement of the dispute. For this purpose, you can contact the following mediation services:
Online Dispute Resolution - European Commission
FEVAD e-commerce mediation
You can also obtain more information at the following address:
Failing this, the Commercial Court of Amiens shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Clause 18 - Legal information
Each customer must have a single account on Produits du Brésil. We therefore reserve the right to delete multiple accounts.
The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and routing of orders, the establishment of invoices and warranty contracts. Failure to provide this information will result in the non-validation of the order.
Produits du Brésil collects your data in order to process your contact request. The required data are necessary to ensure the follow-up and are reserved for the exclusive use of our company. They will not be communicated to third parties under any circumstances. You have the right to access, modify, rectify and delete data concerning you. Only you can exercise these rights on your own data by contacting Produits du Brésil.