Article 1 – Application of general sale conditions - Inapplicability of other general conditions
These conditions relate to a contract for the sale of products online using CAVIAR PASSION's website. These general sale conditions apply to the contract between the Seller (CAVIAR PASSION) and the Client and the two parties accept them without reserve. These general sale conditions are accepted in full by the Client and are applicable to every order placed through this website and override all other conditions whatsoever.
Article 2 – Parties to the contract
The contract of sale is made between
Caviar Passion 5, rue Royale 75008 PARIS, France Tel: +33 (0)1 55 35 34 00 email: firstname.lastname@example.org
SIRET 514 751 643 000 16 No. TVA intracommunautaire: FR 03 514 751 643 000 16
(called the Seller), and a consumer, an individual who is not acting pursuant to any professional activity (called the Client).
Article 3 - Applicable law
This contract is subject to French law and is subject to the law on online selling (articles L 121-16 to L121-20 of the Code de la Consommation (consumer code) incorporating directive 97/7 CE (20th May 1997) regarding the protection of consumers in relation to online sale contracts.
Article 4 - Loi informatique et liberté (Law on Computing and Freedoms)
The collection of information arising from online sales is essential in order to handle orders, supply products and provide invoices. The Client’s failure to provide the necessary information will result in an invalid order. The Client consents to CAVIAR PASSION’s use of data in customer files arising from this order. In accordance with Law 78-17 (6th January 1978), the processing of this information has been registered with the National Commission on Computing and Freedoms (CNIL). The consumer has the right, at any time, to verify and correct information by contacting CAVIAR PASSION.
Article 5 - Offer validity
Validity: Offers on this website continue to be valid until withdrawn./ The Seller only offers to supply and deliver in metropolitan France, Monaco and some member states of the European Union.
Article 6 - Acceptance of Offer
The Client will receive an email which will set out and confirm all the provisions of the order.
Article 7 - General Obligations of the Parties
7-1 CAVIAR PASSION's Obligations
The order registration system on CAVIAR PASSION's website shall be deemed to be proof of the sale and of its date. CAVIAR PASSION undertakes that, having confirmed the order and validated payment in accordance with Articles 8 (Price) and 9 (Payment) of these General Sale Conditions, it will sell and arrange for delivery to the addressee (during business hours Monday to Friday) of products ordered
- within 48 hours in metropolitan France if the order is placed before midday on Thursday
- within 48 hours in the European Union if the order is placed before midday on Thursday
All orders placed at the end of the week will be despatched by CAVIAR PASSION with effect from the following Monday.
Delivery times quoted have been based on the assumption that there will be no delivery problems and are subject to availability of products. CAVIAR PASSION reserves the right to refuse an order in the event of force majeure and undertakes to inform the Client thereof.
7-2 Client's Obligations
The Client accepts that placing an order means that (s)he will take delivery of, and pay the price for, the products ordered, as well as the cost of transport and any customs duty, value added tax or any other tax arising from the importation of the products into the country of delivery. The Client also undertakes to respect these General Sale Conditions and, in relation to the sale of these products, the laws in the Client’s country or in any third country to which delivery is to be made.
CAVIAR PASSION guarantees that the products have been carefully verified to ensure that they conform to their description on the website.
Once the products have been delivered, the Client is solely responsible for their conservation and use.
The Client must be careful not to consume the products after the final date stated on the label for consumption.
The Client cannot resell all or part of these products. Any order placed by the Client is exclusively destined for personal consumption by the Client or the person in whose name the delivery is made.Regarding delivery to a third person, the Client is responsible for the acceptance of these General Sale Conditions on behalf of the addressee of the package. CAVIAR PASSION undertakes to inform the addressee of the prospective delivery date. The Client will be responsible for any damage CAVIAR PASSION may suffer, directly or indirectly, as a result of any failure by the Client (or by the person to whom the products are being delivered) to respect the Client’s obligations pursuant to these General Sale Conditions.
Article 8 - PriceFrance and European Union.
The prices set out on this website are in Euros, value added tax included, for deliveries in France and a member-state of the European Union, but costs of delivery excluded. The prices set out on this website are the prices to be applied and invoiced to the Client.
Article 9 - Payment
The total price must be paid before delivery. Secure payments for orders are made on this website by credit card (Carte Bleue, Visa, Eurocard, Mastercard, American Express) utilising HSBC’s secure electronic payment terminal ELYS NET. Because of the SSL functionality and HSBC’s software encoding, no information provided by the Client can be intercepted by any third party. The information keyed in by the Client is encrypted and does not circulate on the internet unencrypted. CAVIAR PASSION will not validate the order without HSBC’s authorisation of the transaction.
Article 10 - Availability
Every order will be subject to availability of stock. Should any products become unavailable after the date of the Client’s order, we undertake to inform the Client by email or telephone by the next working day.
The Client can then either cancel the order or exchange any of the products ordered.
Article 11 - Performance of the Order
CAVIAR PASSION will only deliver products ordered once the Client’s bank via ELYS NET office shall have provided its agreement concerning payment. Should the bank refuse, the order will be automatically cancelled and the Client informed. CAVIAR PASSION reserves the right to refuse any order from a Client with whom there is already a dispute.
Article 12 - Delivery
CAVIAR PASSION shall choose the means of transport and delivery. Delivery will be made to the address defined by the Client, who undertakes to provide CAVIAR PASSION with an address to which delivery can be made during business hours (Monday to Friday). If absent, the Client can follow the progress of all stages of the delivery on the transporter's site by using the Tracking N° given by the transporter. The Client can also agree new delivery arrangements with the transporter. CAVIAR PASSION shall in no circumstances be liable for any possible deterioration in the products as a result of late delivery of a package due to the absence of the Client or of the person authorised to receive the package. CAVIAR PASSION strongly recommends that the Client (in the presence of the carrier) verifies the state and contents of the package(s) upon their arrival
Article 14 - Period of cancellation
In accordance with the provisions of Article 121-20 of the « code de la consommation » (consumer code) the Client has 7 days from delivery to return the unopened package in its original packing (seals intact and undamaged) for products to be exchanged or reimbursed. The cost of returning any goods is at the Client’s expense.
Article 15 - Guarantees
CAVIAR PASSION guarantees the delivery of products that conform with current legislation and that especial care has been taken in their packing and delivery so as to preserve the products in a perfect state.
If you are not completely satisfied with the products, CAVIAR PASSION will reimburse the Client should their quality have altered. In such event, the Client must immediately return the package to CAVIAR PASSION for it to be verified.
CAVIAR PASSION does not guarantee that products will necessarily match the individual expectations of the person consuming them.Products in tins must be stored in a cold, dry place. Perishable and semi-perishable products must be put in the refrigerator (between 0 and 4° C) upon receipt. Products cannot be returned or replaced after their last date for eating.
CAVIAR PASSION supplies all its product catalogue. Photographs illustrating products are non-contractual.
Article 16 - Disputes
CAVIAR PASSION reserves the right at its discretion to submit to any other competent jurisdiction. Our customer services are available to help the Client resolve any dispute by finding an amicable solution. The Client can contact customer services by telephone or email. Claim processing will be performed within ten days from receipt. Regarding the sale of alcohol: drink with moderation because drinking too much alcohol is damaging to your health.
Any dispute as to the validity, interpretation or performance of this contract will be submitted to appropriate courts.