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Terms And Conditions

B.YOU BEST PRICE GUARANTEE


Found a lower price elsewhere? If you buy directly with us and meet policy conditions, we will guarantee you the best price. Please submit us the last three (3) purchase invoice price of other competitors, and we will offer the best average price for an 18-month period.

FAQ

1) What is the B.You Best Price Guarantee?
The B.You Best Price Guarantee (“B.You BPG”) is offered by BYOU DISTRIBUIÇÃO E EXPORTAÇÃO SA (“B.You”) a Brazilian corporation that carries on business as a manufacturer, wholesaler and retailer of high-quality food products derived from the Acai berry, among other superfruits, sourced from the Brazilian Amazon Rainforest, and these terms and conditions (“Terms and Conditions”) describe the B.You BPG. By filing a claim or otherwise seeking to take advantage of the B.You BPG, you agree to these Terms and Conditions.

2) What are the conditions for applying to B.You BPG?
B.You BPG applies if the following cumulative conditions are met:
■ The applicant must submit proof of invoice for the last three (3) purchases of acai sorbet. Manufacturer logo/name can be scribbled to maintain transparency.
■ The acai sorbet must meet the quality conditions below for the prices shown on the invoice to be considered:
a. B-Corp certification;
b. Organic certification;
c. Kosher certification;
d. Vegan certification;
e. GFSI certification; and
f. Same Acai % concentration.

■ All info provided must be true (and signed off by the applicant company/corporation legal representative);
■ Fill out the claim form; and
■ Written commitment to purchase at least 4 (four) FCL (40 feet Full Container Load) of acai sorbet per year from B.You.

3) There are cases that exclude the B.You BPG application?
Products that do not meet minimum quality standards.

4) How do I submit a claim?
The claim form is available online. Applicant must be fill out all the required fields and attach the necessary documents and after that click the submit button.

5) What information do I need to submit a claim?
Applicant needs to submit the duly filled out form with the respectively attachments which are the last three (3) signed off purchases invoice of acai sorbet, evidencing that these food products derived from the Acai berry meet the quality conditions described above.

6) What are my advantages if my claim form was accepted?
Applicant may benefit from the B.You BPG if your request meets all the conditions mentioned herein. It means that B.You will offer to you the acai sorbet at a better price than the average price of the three (3) submitted invoices for a term of eighteen (18) months. The best price will be maintain if the beneficiary purchase at least four (4) FCL per year of food products derived from the Acai berry from B.You After the mentioned term a new price must have been negotiated by the parties.

7) Is there any volume limit to the application of B.You BPG?
100 FCL (40 feet Full Container Load)

8) How do I know if my claim form was accepted or refused?
After a check has been carried out by B.You, you may benefit from the B.You BPG if your request meets all the conditions mentioned herein. B.You will send you an email no later than 3 working days after the claim is sent, to the email address entered on the form.

If the request does not meet B.You BPG conditions, B.You will send you an email indicating that you cannot benefit from B.You BPG, indicating the grounds for this refusal or any amends to be done on the claim to be granted the right to benefit from the B.you BPG.

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TERMS AND CONDITIONS

1. BYOU DISTRIBUICAO E EXPORTACAO SA (“B.You”) a Brazilian corporation that carries on business as a manufacturer, wholesaler and retailer of high-quality food products derived from the Acai berry sourced from the Brazilian Amazon Rainforest, guarantees that will offer the best average price for 18-month period (“B.You BPG”).

2. For a claim to be valid under the B.You BPG, it must satisfy all of the terms and conditions herein (the “Terms and Conditions”) and be submitted in compliance with the claim conditions and procedures set out below. The claim form is available online. Applicant must be fill out all the required fields and attach the necessary documents and after that click the submit button.

3. Conditions. The applicant must submit proof of invoice for the last three (3) purchases of acai sorbet food products from their current supplier. Manufacturer logo/name can be scribbled.

3.1. The food products derived from the Acai berry must meet the quality conditions below for the prices shown on the invoice to be considered:
a. B-Corp certification;
b. Organic certification;
c. Kosher certification;
d. Vegan certification;
e. GFSI certification; and
f. Same Acai % concentration.

3.2. All info provided must be true (and signed off by the applicant company/corporation legal representative), otherwise the appropriate legal measures must be applied.

3.3. The claim form must be duly filled out with the required information. The applicant will be solely and exclusively responsible for the veracity and content of the information filled in on the form.

3.4. Applicant must purchase at least four (4) 40 feet FCL of acai sorbet per year from B.You for a period of eighteen (18) months to ensure that the B.You BPG is maintained, otherwise the amounts will have to be negotiated between B.You and applicant.

4. Exclusion. The B.You BPG does not apply to Products that do not meet minimum quality standards.

5. Limitations. B.You BPG will be conditioned to offer bids within the maximum limit of 100 FCL (40 feet Full Container Load)

6. Procedures. B.You will verify the claim form with respectively attachments and notify applicant by email no later than 3 (three) working days after the claim is sent, to the email address entered on the form. If the request does not meet B.You BPG conditions, B.You will send you an email indicating that you cannot benefit from B.You BPG, indicating the grounds for this refusal.

6.1. The applicant may accept the proposal offered by B.You, either verbally or in writing, in which case a separate purchase or supply agreement must be executed with specific conditions.
6.2. If the applicant refuses, all documents and information must be destroyed.
6.3. If the applicant does not answer the notice within sixty (60) days of sending it, the proposal will be considered refused.
6.4. The applicant refusal does not prevent new claims from being submitted.

7. Payment. The payment to the B.You will be as follows:
7.1. Sixty Percent (60%) of the invoice within three (3) Business Days of the invoice being ordered; and
7.2. Forty Percent (40%) of the invoice within three (3) Business Days of the bill of lading.

8. Liability Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYOU WILL NOT BE LIABLE (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM SUCH OTHER PARTY’S RIGHTS) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, VALUATIONS, LOSS OF USE, LOSS OF COST, OR OTHER SAVINGS OR LOSS OF GOODWILL OR REPUTATION) ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY PURCHASE ORDER AGREEMENTS, THE SERVICES, OR THE WEBSITES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE).

8.1. By filing a claim form or accepting the benefits of a claim that is validated under the B.You BPG, you agree to release, discharge, and hold harmless B.You and its and their affiliates, subsidiaries, directors, officers, agents, and employees from all claims or damages arising out of any use or misuse of the B.You BPG.

9. Amendments. B.You reserves the right to amend these Terms and Conditions at any time. The amended Terms and Conditions shall take effect on the date they are put on-line on the website and shall apply to any request submitted on the website from the time they are put on-line.

9.1. Applicant declares that read these Terms and Conditions carefully before each request.
9.2. B.You also reserves the right to end B.You BPG at any time, it being specified that requests submitted before the termination of B.You BPG will be processed by B.You under the Terms and Conditions specified herein.

10. Governing Law. These Terms and Conditions are governed by the laws of is governed in accordance with the Brazilian law and each party submits to the jurisdiction of the Courts of that State and all Courts of appeal therefrom. Any lawsuit or proceeding arising out of or relating to this Agreement shall be instituted and maintained in the state courts of São Paulo, Brazil.

11. Termination. B.You reserves the right to refuse orders, modify or cancel the B.You BPG at any time without prior notice.

Proposer Information

After clicking the link above, a spreadsheet will open in Googlr Drive. Click “File”, and then “Download”. You can fill it out on your machine or online and send us the attachment or link to the completed spreadsheet.