I - Presentation of the company
Kaviari is the reference brand in the world of caviar and the provider of great chefs. www.kaviari.fr is the website for online sales of Kaviari SAS, a company with a capital of 308,880.00 euros.
Main office : 13 rue de l'Arsenal, 75004 Paris
Phone : +33 (0)1 49 87 41 00
RCS: 315 734 194
SIRET: 315 734 194 000 63
Intracommunity VAT: FR19 315 734 194
Le présent site a fait l'objet d'une déclaration auprès de la Commission Nationale de l'Informatique et des Libertés CNIL, qui a délivré le récépissé 123 86 89 du 2 juin 2007.
Pour toute réclamation concernant ce site ou son contenu, contactez Kaviari par e-mail à email@example.com ou suivez ce lien. Vous pouvez également nous joindre par téléphone au : 01 49 87 41 00.
II - Scope of application - object
L’acheteur reconnait avoir eu communication, préalablement à la passation de sa commande et à la conclusion du contrat, d’une manière lisible et compréhensible, des présentes conditions générales de vente et de toutes les informations listées à l’article L.111-1 du code de la consommation.
III - Scope of application - object
These terms of sale, apply full rights to any sale by the company KAVIARI SAS with a capital of 308.880.00 euros, headquartered in Paris, 13 rue de l’Arsenal - 75004 Paris, registered at the RCS Paris under number 1979 B 03899, identified under the number of intra-Community VAT FR 19315734194, to any consumer or any legal person buying for their needs other than those falling under their professional activity on any product proposed to sale via the merchant website "Kaviari", and whom agree to fill the required fields shown at the time of registration and with a delivery address located in one of the areas served by Kaviari.
Any confirmation by the client of an order entered on the site is worth full acceptance of the present general conditions of sale and of the special conditions of the order. It is stated that prior to the order, the customer has access to a mechanism allowing him to correct or change its choices and to read these general terms of sale.
Any order implies unconditional acceptance of the General conditions of sale which take precedence over all other conditions, except those which have been expressly accepted by Kaviari. Kaviari reserves the right to modify at any time the terms of sale. In this case, the applicable conditions will be those in force on the date of the order of the buyer.
IV - Product features
Each product presented on the site offers a brief presentation indicating its name, quantity, and price.
The photographs illustrating the products are not a contract element and only indicative for general product presentation purposes.
It is recommended to carefully read the product description before confirming your order.
V - Validity of the offer for products
Offers are valid within the limit of the available stocks.
If a product becomes unavailable after the order is placed, the buyer will be informed by e-mail or telephone within a period of 24 H (business day) following the order.
The client may then choose to:
- defer delivery until the product is available again, when possible,
- exchange the unavailable item by an item similar in quality and price,
- cancel the order and get a refund for the paid price.
VI - Orders
When placing a first order, the client will choose a password that, when associated with the email address (used as a username) will be a proof of identity and commitment on all orders placed through them. They serve as electronic signature within the meaning of the Act of March 13, 2000. The customer is solely responsible for his logging information and password and will bear the consequences which may result from their use by third parties whom may have had access to it.
The buyer who wishes to buy a product must:
- accurately fill in the information sheet which will indicate all the requested contact information, or, alternatively, giive his customer number if he already has one,
- fill out the online order form by selecting the chosen products and quantities,
- confirm his order after checking the contents of the basket,
- proceed with payment under the agreed conditions,
- confirm the order and the payment.
The buyer is responsible for the data provided by him. If the client makes a mistake in the wording of his contact information or the delivery address including in names, address, numbers phone, email address, door code, which may result in the loss of the products, the customer shall be liable for the payment of lost items and no refund will be made. The registered confirmation shall be considered as proof of the transaction and will be deemed equivalent to signature and the acceptance of the operations carried out.
The seller will e-mail the confirmation of the registered order.
VII - Prices and rates
The prices of the products sold are those listed on the site on the day of the order.
Prices are in euros (€) and inclusive of all taxes at the rate of the applicable VAT rate on the day of the order, packaging included but delivery excluded.
Any change in the applicable VAT rate will be reflected in the price of the products sold online.
Delivery charges will be indicated with the total price of the order placed, inclusive of all taxes and VAT before the confirmation of the order by the buyer.
VIII - Terms of payment
The price is due at the time of the order.
All orders are due in full and in euros.
Payments will be made online by credit card (credit card, Visa or Eurocard Mastercard): they will be processed through the secure BNP system via its module Merc@net which uses the SSL Protocol (Secure Socket Layer) in such a way that the information shared is encrypted by a software and that no third party may access it while it is in transit on the network.
Shipping of the order can only take place after the full payment of the goods and delivery charges has been made.
Kaviari reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the case of non-payment of any sum due by the buyer or in the event of payment incidents.
IX - Geographical area - time and delivery costs
Online sales of the products presented on the site is only available for delivery in metropolitan France, Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, The United Kingdom and Sweden.
Deliveries are made to the address indicated on the order form which may only be in the geographic area described above.
For information purposes only, the usual delivery times, following the confirmation of an order are the following:
- Metropolitan France and other countries listed: 2 to 3 business days
For all orders confirmed before noon, from Monday to Thursday (except holidays), same-day order is offered within the limits of available stocks.
For any order confirmed on Friday, Saturday and Sunday, the order will be shipped on the Monday within the limit of available stocks.
In case of delayed and/or late delivery, the customer cannot claim damages - interests, deduction or cancellation of the order by the buyer.
Delivery charges are calculated automatically when the order is placed and appear on the page showing the price of the order before it is confirmed.
Delivery fees for packages with a gross weight of 15 kg or under:
- Paris intramuros : 15 EUROS TTC
- Metropolitan France : 15 EUROS TTC
Delivery fees are offered in metropolitan France for any order over €100 (after discounts, when promotions apply).
- Germany, Austria, Belgium, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom and Sweden : 40 EUROS TTC
For packages with a gross weight of more than 15 kg, or for any other country, please contact us to get a quote.
X - Terms of delivery
- Metropolitan France and countries listed : deliveries will be made by express parcel delivery in metropolitan France and the countries listed.
The customer is responsible for the references to the name and address of the addressee (code of door, floor, phone...) to allow for a delivery in normal conditions, and in order to avoid any delay or delivery problem resulting in possible additional costs if a new delivery has to be made.
Delivery to a P.O. box is not available.
The buyer will receive the goods at his house and sign the delivery note. The buyer is obligated to check the condition of his order in the presence of the deliveryman, as well as the number of packages delivered.
In case of missing or damaged items or any other types of defects, the client will write down his remarks on the delivery note when the parcel is delivered.
If this clause is not respected, no procedure of refund from the carrier can be initiated.
We insure the goods up to the delivery location.
If no one is home, the buyer or the recipient of the order receives a delivery notification which allows him to contact the carrier in order to collect his parcel(s) at a later time. Pick up must be made within 24 working hours due to the perishable nature of the product.
Kaviari can in no way be held liable for a potential degradation of the products due to the late receipt of a package due to the absence of the customer or the person entitled to receive it.
En outre, en cas d’erreur du client dans le libellé de ses coordonnées ou de celles du lieu de livraison, notamment ses noms, prénoms, adresse, numéros de téléphone, adresse électronique, code porte, rendant impossible la livraison et entrainant la perte des produits, le client reste redevable du paiement des produits perdus et aucun remboursement ne pourra avoir lieu.
XI - Withdrawal
The buyers, non-professional individuals, have a period of 7 days from the day of receipt of their order to return the product to the seller to get a refund without penalty, except for the expenses of the return costs.
However, this right of withdrawal does not apply to contracts for the supply of perishable food such as the ones offered on our website.
XII - Guarantee
All products supplied by the seller enjoy the legal guarantee provided for by articles 1641 and following of the Civil Code and the legal guarantee of conformity provided in article L.211 -1 to L.212-1 of the consumer code.
In case of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it, or refund it.
All complaints, requests for exchanges or refunds must be made by post to the following address: Kaviari- 13 rue de l’Arsenal -75004 Paris – France. Kaviari kindly reminds you that the legal period of limitation for legal action is two years (L.211-12 of the consumer code) from the delivery date of the goods, and that any action on the basis of hidden defects must take place within two years from the delivery date of the product.
XIII - Liability
The seller will not be considered responsible nor at fault for any delay or failure to perform due either to the consumer or to unpredictable and insurmountable action of a third party with regard to the contract or to a case of force majeure as normally recognised by French law. Are considered as force majeure releasing the seller from its obligation to deliver, war, riot, fire, strikes, accidents and the impossibility to be supplied.
The liability of the seller cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
XIV - Intellectual property
All elements of the Kaviari site are and remain the intellectual and exclusive property of Kaviari.
No one is allowed to reproduce, exploit, repeat or use in any way, even partially, elements of the site whether it is software, visuals or sound elements.
Any simple link or hypertext is strictly forbidden without a written approval by Kaviari.
XV - Personal data
Kaviari reserves the right to collect information about the buyers, including by using cookies, for the purpose of processing orders.
Users have a right of access, rectification and deletion of data concerning them, in accordance with the law of January 6, 1978. To do this, access, rectification and deletion requests should be addressed to the attention of Madame NEBOT at the following address: KAVIARI SAS, 13 rue de l’Arsenal, 75004 Paris.
According to law No. 78/17 of 6 January 1978 relative to information technology, files and freedoms, the www.kaviari.fr site has been declared to the CNIL.
XVI - Archiving evidence
Kaviari will archive purchase orders and invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of Kaviari will be considered by the parties as proof of communications, orders, payments and transactions that have taken place between the parties.
XVII - Settlement of disputes
These terms of sale available online are subject to French law.
In case of dispute, jurisdiction is attributed to the competent courts in the common law and in the event of a dispute with professionals and/or traders to the courts of Paris, notwithstanding plurality of defendants or the introduction of third parties.
XVIII - Subscription to the newsletter
When registering on kaviari.fr, we automatically collect your contact information (name, e-mail) and your IP address. These data are hosted on the infrastructure of kaviari.fr and Emarsys in order to send you our e-mail messages.
Vous pouvez vous désabonner à tout moment en cliquant sur le lien présent dans tous nos e-mails, ou en cliquant sur ce lien. Vous pouvez également nous joindre par téléphone au : 01 49 87 41 00.
XIX - Clause de médiation
L’acheteur peut recourir à une médiation conventionnelle, notamment auprès de la Commission de la médiation de la consommation ou auprès des instances de médiation sectorielles existantes, ou tout mode alternatif de règlement des différends (conciliation, par exemple) en cas de contestation.