General conditions of sale
5-Product Validity & Availability
1-The Parties
These general conditions of sale apply to contracts of sale between the company “Caviarly’s”:
Registered office: 57, quai de Grenelle, 75015 Paris,
Email: contact@caviarlys.com
SIRET number: 822 962 155 00013
called the seller and
a private (non-professional) retail purchaser called the Customer.
2-Scope
The general conditions of sale apply to contracts of sale, between the seller and the Customer for goods sold from and through the website www.caviarlys.com
The Customer will have read and accepted these conditions of sale when a purchase order is transmitted for processing.
These terms and conditions apply only to private individuals and exclude professional entities.
3-Legal-Customer
Each and every clause in these conditions and terms of sale is subject to French law. In particular they are subject to regulations on distance selling as laid out in the consumer code (see articles L.121-16 to L121-20 from the code de la Consommation [Consumer Code] ) which incorporates the European directive number 97/7 of 2nd May 1996 covering consumer protection for distance contracts.
4-Legal-Data Protection
It is mandatory to supply and collect personal information as it pertains to distance selling and e-commerce. This information is indispensable for the processing and delivery of orders and for the preparation of invoices. The Customer consents that personal data collected for a purchase order be usable by Caviarly’s, with this data corresponding to Caviarly’s client details file. In accordance with Law No. 78-17 of 6th January 1978, the processing of such personal data is registered with the Commission National Informatique ET Libertés (CNIL). The Customer has the right to access and modify this data held at Caviarly’s at any time. This right can be exercised via an email to the following address: contact@caviarlys.com
5-Product Validity & Availability
Offers, products and prices as relate to Caviarly’s are valid from the moment they appear on the Caviarly’s website. They are available for sale in France (incl. Dom/Tom areas), the European Union and Monaco.
6-Customer Orders
Each and every time a purchase order is placed the Customer accepts the general conditions of sale. The Customer recognizes having read all the information available in order to place the order. The Customer fills in a form following the instructions that are given. The act of completing the form identifies the Customer and the purchase order.
Once payment is validated, the purchase order is recorded and the order number together with the order details display on the Customer screen. The order number together with the order details are also sent to the Customer via email to the address the Customer has previously specified.
Upon receipt of the purchase order, Caviarly’s verifies the order form details (valid order, contact details…) and reserves the right to query elements that are not clear, notably the order amount.
Caviarly’s reserves the right not to deliver the product should the Customer have incorrectly completed the order form.
Rarely may it occur that delivery conditions prevent immediate delivery of the full amount of the order and an order may have to wait until it can be fully processed. Partial deliveries are not made. Customers can track their orders online under the tab on the website called “Order History”.
7-Product Availability
Should any product ordered be unavailable, Caviarly’s undertakes to inform the Customer as soon as possible. The Customer can then choose to either modify the order or cancel the order. All orders are delivered to Customers as long as stocks are available.
8-Product Price
Product prices are quoted inclusive of sales taxes and exclude delivery charges. The prices display on the website and are those that are charged when the Customer completes the order form.
- VAT, delivery charges, and other taxes are payable by the Customer
- all prices are quoted in Euros.
9-Payment Method
Customers can pay for their goods with:
- Carte Bleue, Visa, Eurocard-Mastercard
- American Express
Payment is made over a secure payment system called sogenactif, from Société Générale. Banking details that the Customer enters are encrypted. They are not clearly visible by third parties and are only used for payments.
10-Deliveries
Caviarly’s only delivers products after the orders are confirmed and the payments are validated according to 8- Product Price and 9-Payment Method.
Caviarly’s undertakes to inform the Customer as soon as possible of any problems or delays with deliveries. The Customer chooses the mode of transport and the delivery.
Delivery takes place at the address as indicated by the Customer. The Customer undertakes to indicate a delivery address available during working hours from Monday until Friday (inclusive).
The Customer will be informed as to the name of the delivery company should it be any other than the Chronopost system and of the package number or tracking number so that the delivery can be tracked.
Should the Customer (or person charged with reception) be absent at the time of delivery then the Customer
- can arrange an alternative time with the delivery company
- should collect the package as soon as possible from the Chronopost centre or the post office centre that is indicated on the notice left by Chronopost during the Customer’s absence
In either situation Caviarly’s is not held responsible for any deterioration of the contents of the goods delivered.
Caviarly’s recommends that the Customer checks the contents of the package immediately upon delivery and in the presence of the person who delivers the package.
11-Delivery Periods
Caviarly’s undertakes to deliver validated* purchase orders to the Customer address as indicated on the order form during working hours from Monday until Friday (inclusive) except on public holidays, and within:
- 24-48 hours for deliveries to France Metropolitan
- 24-48 hours for deliveries to the EU and Monaco
Orders made at the end of any week will be dispatched on the following Monday so as to ensure the quality of the goods. Caviarly’s insists on maintaining the temperature cold chain. These 24- 48 hour delivery undertakings exclude any issues related to the postal system or product availability.
*According to the prices and payment methods: 8- Product Price and 9-Payment Method.
12-Claims
Caviarly’s places the highest importance on selecting the best products, dispatching them by the most efficient means , and rigorously monitoring and maintaining the cold temperature chain in order for the Customer to receive the goods in perfect condition.
Nevertheless during reception of the product, should a Customer notice in the presence of the agent delivering the goods that a package is substandard then the Customer should note this down on the delivery docket or on the form that is available for this type of eventuality.
Should the contents of the package be substandard then the Customer should evidence this in writing and send this to the delivery agent within 24 hours of the delivery. The Customer must clearly describe each problem in the letter. The Customer must also send a copy of this letter together with the delivery docket by traditional mail or email to Caviarly’s.
Customer services are available to help solve any problems encountered and resolve any claims made.
13-Returns
In accordance with the provisions of Article 121—20 of the French Consumer Code, the Customer has to right to return goods within seven days from the actual delivery date. The Customer can receive reimbursement or an exchange of goods under the following conditions:
- goods being returned must still be in their original packaging
- goods have not been opened
- packaging seals must be intact
The costs of return remain the responsibility of the Customer.
14-Customer Responsibilities
The Customer recognizes that once the Customer signs for receipt of goods the responsibility for the conservation of such goods purchased and received lies with the Customer. The Customer should not consume the products after the Use-by date that is indicated on the package. The Customer must not sell all or any part of the goods on to any third party.
Once the Customer places an order the Customer agrees to:
- take delivery of the goods ordered
- pay delivery charges, customs duties, VAT charges or any other taxes related to the importation of goods for countries outside of France
- be bound by the laws of the Customer’s domicile or that of the country to which the goods are to be delivered and similarly be bound by the conditions of sale as detailed here within.
15-Guarantees
Caviarly’s strives to fully satisfy its Customers, deliver products of the highest standard, and maintain the cold temperature chain.
The products sold on the Caviarly’s website receive specific treatment in order to ensure they reflect their description on the website.
Caviarly’s guarantees that the products it delivers are in full accordance with the laws that are applicable at the time. Caviarly’s pays great attention in selecting only the best products and in ensuring that the procedures for maintaining their quality conform to the regulations that apply to such products and also to the strictest of hygiene norms.
The delivery process also safeguards the products’ quality by maintaining the cold temperature chain.
Unless the Customer intends to immediately consume the products delivered, the Customer should place the goods in a refrigerator or similar where the temperature is maintained between 0 and +4°C.
Caviarly’s does not guarantee that the products will meet the personal taste preferences of the Customer. The Customer can nevertheless contact the Customer Service personnel who are very happy to answer any questions.
It is important to note that no product returned will be accepted should it be beyond the Use-by date as indicated on the packaging.
