CGV

MAJ 10/23/2013

I. Identity

The website www.comptoir-du-caviar.com is the exclusive property of the Comptoir du Caviar SAS, registration no. 753192426, whose head office is situated at 17 rue de Civry la Forêt, Mulcent (78790), known as the Comptoir du Caviar, the Seller, on one hand and on the other hand the Buyer, that is, any natural or legal entity wishing to proceed to a purchase via the website www.comptoir-du-caviar.com.

II. Purpose

These terms of sale are intended to define the contractual relationship between Comptoir du Caviar and the purchaser, on the terms and conditions applicable to all purchases made through the on-line shop www.comptoir-du-caviar.com, whether the buyer is a professional or a consumer.

The acquisition of goods or services through this site implies the buyer's acceptance, without reservation, of the present conditions of sale exclusive to this medium.

These conditions of sale prevail over any other general or specific conditions not expressly agreed by Comptoir du Caviar.

Comptoir du Caviar reserves the right to change its conditions of sale at any time. In this case, the conditions applicable will be those in force at the date of the buyer's order.

Accordingly, and pursuant to the provisions of the Act of 21 June 2004 on the protection of individuals with regard to the processing of personal data, and the Act of 13 March 2000 on electronic signatures, the fact of any person ordering a product offered for sale on the www.comptoir-du-caviar.com website carries with it full acceptance of these general conditions of sale, which the buyer acknowledges having read before placing the order.

The products are offered for sale only in metropolitan France, excluding Corsica.

III. The products

In accordance with Article L. 111-1 of the Consumer Code, each product offered on the www.comptoir-du-caviar.com website is the subject of a precise description of its essential characteristics and price.

These products are offered within the limits of available stock.

The purchaser may therefore, before ordering, become aware, on the aforementioned website, of the essential characteristics of the product or products that he wants to order.

Photographs, drawings, graphics and descriptions of products offered for sale are for illustration only and do not bind the Seller in any way.

IV. Rates

The prices of each product offered for sale on the www.comptoir-du-caviar.com website are indicated in euros TTC (All Taxes Included, taking into account the applicable rate of VAT on the date of ordering) and are the prices in force at the time when the Buyer registers his order.

The price shown in the summary of your order is the final price. This price includes the total cost of the order with details of each product and delivery charges.

V. Formation of the Contract

Accessing the site

The Comptoir du Caviar on-line shop is accessible at the following address: www.comptoir-du-caviar.com.

The Buyer is personally responsible for the establishment of computer and telecommunications access to the aforesaid website.

The Buyeris responsible for the costs of telecommunications when accessing the Internet and using the website.

Personal identification

At the time of placing his first order, the Buyer must create a personal account on the Comptoir du Caviar website. To do this, the Buyer must enter a user ID and a password, and must enter the following information:

  • E-mail address
  • Name and surname
  • Address (house name or number, name of street)
  • Town
  • Postcode
  • Telephone number

This data will be used for all future orders, and will allow for as personalised a service as possible.

This ID and password are the Buyer's responsibility; he may not take legal action against Comptoir du Caviar SAS in the event of misuse by third parties, unless it can be proved that this fraudulent use is the direct consequence of a fault attributable toComptoir du Caviar SAS.

Ordering

To start to place his order, the Buyer chooses each of the products he wishes to order, after having made himself aware of their essential characteristics. To do this, he must click on the representation of the product required, then click 'Add to Cart'.

The registration of an order in the Comptoir du Caviar on-line shop and its confirmation by the Buyer occurs when the buyer clicks on 'Method of Payment' on the 'Pay for my Order' page.

In addition to the acceptance of the contents of the order, this registration implies the acceptance of all these General Conditions of Sale and constitutes proof of the contract date, as well as the full and complete renunciation of taking advantage of its own conditions of purchase or of any other conditions.

The Buyer's order will be confirmed by Comptoir du Caviar by e-mail to the registered e-mail address.

The sale will not be concluded until confirmed by Comptoir du Caviar.

VI. Payment

Payment in full must be made when the Buyer places his order. At no time will sums paid be considered as deposits or down payments. The customer owes the total amount of the order, as soon as he has confirmed his order on the website. The cashing of the total amount of the order will therefore be carried out by the Seller.

Comptoir du Caviar reserves the right to refuse an order, for any legitimate reason relating to a foreseeable problem concerning an abnormal order and/or delivery. Any new orders from a customer with whom there exists an overdue or unpaid bill or any dispute relating to repeated difficulties in delivery or the implementation of earlier orders may be refused.

Should an order not be accepted, Comptoir du Caviar may notify the customer by any means.

Any paid-for order will be confirmed by e-mail to the customer's address, as stipulated in the management of his account; this e-mail will present the customer's invoice together with full details of the order.

To pay for his order, the Buyer has the following payment options : Carte Bleue / Visa / Master Card

VII. Delivery and Receipt

General Rules

When ordering, the Buyer is prompted to enter the delivery address for his order, in Metropolitan France excluding Corsica. In the case that the billing address is not the same as the delivery address, the Buyer must make this clear.

By default, the invoice will be sent with the order to the delivery address indicated by the Buyer at the time of placing the order.

In the case of any lack of compliance with the procedures set out below, no claim by the Buyer will be accepted.

Comptoir Du Caviar promises to fulfil every order as quickly as possible (48 hours maximum).

Every order will be fulfilled if sufficient stock is available. In the case of any lack of product availability after the Buyer has placed his order, Comptoir du Caviar undertakes to advise the Buyer as quickly as possible. The Buyer may then request the cancellation of his order, or ask for alternative products.

The processing of orders is carried out from Monday to Thursday, subject to product availability..

Delivery charges

At the enforcement date of these General Conditions of Sale, carriage charges are as follows:

-France : 19 €

Delivery zone

The delivery zone ncludes Metropolitan France, excluding Corsica

In the case of orders containing fresh products

The preparation of an order of fresh products requires a particular packaging which allows the products' conservation at the required temperature up to delivery.

For any order containing caviar, salmon, or any other product whose conservation requires refrigeration between 0°C and +4°C, delivery is by express transport.

Any possible exceeding of the delivery deadline will not give rise to damages, deductions or cancellation of the order by the Buyer.

In case of the Buyer's absence from the place of delivery, the package will be left at the nearest depot. The Buyer then has 24 hours to collect it, in order to guarantee the freshness of the products. Beyond 24 hours, the Buyer accepts responsibility for any spoiled or damaged goods. No claim will then be considered.

It is up to the Recipient to check the state of the package in the presence of the delivery driver or carrier. Any fault at the time of receipt must be reported to Comptoir du Caviar within 48 hours in order to be able to start a reimbursement process against the carrier.

In case of any delay in delivery in relation to the date initially agreed, the Buyer must notify Comptoir du Caviar SAS in writing (by e-mail, fax or post) in order to enable Comptoir du Caviar SAS to carry out an investigation with the carrier.

Depending on the nature of the incident, and with regard to its guarantee of the freshness of products sold, Comptoir du Caviar SAS may proceed with a new shipment of the products to the Customer.

Returns

In the case of error in the Recipient's address, Comptoir du Caviar will not be held responsible for the impossibility of delivery. In this case, as in the case of the Buyer's cancellation of the order after despatch, Comptoir du Caviar will not refund the shipping costs to the Customer.

If the repeated absence of the Recipient at the time of delivery results in the products' return to Comptoir du Caviar, the costs of return and any incidental expenses are the Customer's responsibility.

It is understood that the goods always travel at the Recipient's own risk.

Comptoir du Caviar insists that the packaging is checked on arrival.

In case of missing parts, loss or damage to the package or goods, or concerns of any nature whatsoever on the condition or the content of his parcel, the Recipient must refuse the goods by giving an immediate written statement of the anomaly to the deliverer and by reporting this event to Comptoir du Caviar by e-mail, using the 'Contact' page.

Because of the rules relating to the Cold Chain, fresh products may not be the subject of a return.

VIII. Right of withdrawal

For all products, with the exception of fresh products, and in accordance with Article L. 121-20 of the Consumer Code, the buyer has a period of seven clear days from the date of receipt to return, at his own expense, any products ordered for reimbursement.

The products must be returned to Comptoir du Caviar in perfect condition for resale, in their original state (packaging, accessories, leaflet ... ), duly sealed, and accompanied by the delivery note signed and accompanied by the handwritten words 'Goods returned'.

IX. Transfer of ownership

The transfer to the Buyer of the ownership of the products sold is suspended until the full payment of the price, in accordance with the provisions of Article 2367 of the Civil Code and of Ordinance No.2006-346 of March 23, 2006 in respect of sureties.

However, from the time of shipment onwards, the products pass to the risk and expense of the Buyer.

In case of resale by the Buyer of products for which payment has not been made, Comptoir du Caviar will take the place of the Buyer in the claim which the latter has on the third party buyer of the goods.

X. Responsibility

Comptoir du Caviar will not be held to the scheduled time of delivery in case of any event constituting force majeure (especially in the case of fire, explosion, network failure, flood, snow, black ice, failure of the vehicle, etc) or otherwise beyond his control.

The information set forth by the Client, when the order is taken, undertake the latter.

By accessing the service offered by Comptoir du Caviar, the Customer undertakes not to save or transmit files which contain viruses or any other contaminating or destructive element, not to use false information or information from third parties, not to infringe the rights of third parties, and more generally to not to make any use of the Site which could contravene any civil or criminal laws in force.

The Customer indemnifies Comptoir du Caviar against any prosecution which may arise in this instance.

At no time may Comptoir du Caviar be held responsible:

  • in the event of the Customer's giving false information or his input error of address details;
  • in the event of the Customer's improper use of his ID or the modus operandi of ordering;
  • in the event of error, including typographical errors, relating to the descriptions of the products and rates given on the website.

Comptoir du Caviar, in all stages of the on-line sales process, is bound only by the rules of due care; it cannot be held responsible for technical or material errors, or for any direct or indirect damage such as loss of data, intrusion, virus, loss of service, other involuntary problems or in cases of force majeure resulting either from the use of the Internet network or the website.

Comptoir du Caviar declines all responsibility:

  • for any interruption of the Website;
  • for any occurrence of bugs;
  • for any damages resulting from an unauthorised intrusion of a third party which has resulted in a change to the information made available on the Website;
  • and more generally for all damages, direct or indirect, whatever the causes, origins, natures or consequences, caused by reason of the access of anyone to the Website, or to the impossibility to access it, as well as the use of the Website and/or of the weight given to any information coming directly or indirectly from the latter.
  • In particular, Comptoir du Caviar declines all responsibility for any damage which may be caused to the surfer's computer equipment consequent to his access to this Website, or the use or downloading of any of its components (data, texts, images, videos, etc. ).
  • For the purpose of maintenance, Comptoir du Caviar may interrupt its service and will endeavour to notify customers beforehand. The Website Customer acknowledges that that the computer configuration used contains no viruses and is in perfect operating condition.
  • Comptoir du Caviar declines responsibility for delay, loss or incorrect sending of any e-mail, and of its sending or failure to send to an incorrect e-mail address.
  • The Website Customer acknowledges that Comptoir du Caviar has satisfied all its obligations of advice and information regarding the essential characteristics and operation of the Website.
  • The Website may include links to other websites or other Internet locations (particularly those relating to advertisements). As Comptoir du Caviar cannot check these sites or external locations, Comptoir du Caviar cannot be held responsible for the availability of these sites and external sources, and bears no responsibility for the content, advertising, products, services or any other materials on or available from such sites or external locations.
  • In addition, Comptoir du Caviar will not be held responsible for any damages or losses, proven or alleged, consecutive to or related to the access, use, or the fact of having had confidence in the content, goods or services available on or through any such sites or external locations.
  • Comptoir du Caviar will not be held responsible for the direct or indirect consequences of the cancellation of an order, or of a delay in delivery which is not attributable to Comptoir du Caviar, especially in the case of a strike or a disruption of postal services or transport, and generally for any event independent of its will, or in cases of force majeure.
  • In any case, Comptoir du Caviar's liability is limited to the reimbursement of sums paid for the acquisition of goods and delivery costs incurred, without prejudice to its rights and remedies.

XI. "Computer technology and Freedom"

The information collected by Comptoir du Caviar when any order by the Customer is placed is necessary for the handling of its order by Comptoir du Caviar and its trading partners. In accordance with the Act on Computers, files and freedoms, No. 78-17 of 6 January 1978, the Buyer has the right of access, rectification, objection and deletion of data pertaining to Comptoir du Caviar SAS, by sending an e-mail to: contact@comptoir-du-caviar.com.

Through www.comptoir-du-caviar.com, the Buyer may be informed of offers from Comptoir du Caviar, or may receive propositions from other partner companies. If the Buyer does not wish to receive these proposals, he may advise Comptoir du Caviar by post or e-mail, using the Contact page.

XII. Invalidity of a stipulation

If one or more stipulations of these present General Conditions of Sale are considered invalid, or are declared as such in the application of a law, a regulation or as a result of a final decision of a court of competent jurisdiction, the other stipulations will retain their full force and scope.

XIII. Applicable Law and Competent Jurisdiction

The sales of products of the company Comptoir Du Caviar on the website www.comptoir-du-caviar.com are subject to French law. Any dispute relating to the interpretation, execution or breach of contract concluded between Comptoir Du Caviar SAS and the Buyer, even in the case of multiple defendants will, in the absence of amicable agreement, come under the exclusive jurisdiction of the Court of Versailles.