Terms and Conditions of Sale
Article 1 – Purpose of the Terms and Conditions of Sale
The purpose of these Terms and Conditions is to define the conditions of sale and delivery of the Products offered for sale on the Website accessible at www.kaviari.com, by Kaviari, whose full contact details are available by clicking here.
Kaviari and the Customer agree that these Terms and Conditions of Sale govern exclusively their relationship for the purchase of Products on the Website under an Order.
Any Order placed on the Website is subject to the prior consultation and unconditional acceptance of these Terms and Conditions by the Customer, by ticking a dedicated box.
The Website Terms of Use are defined in the General Terms and Conditions of Use of Kaviari, available by clicking here.
The Personal Data processing policy of Kaviari is defined in its Privacy Policy, available by clicking here.
Kaviari reserves the right to adapt, modify or update these Terms and Conditions of Sale at any time. The Terms and Conditions applicable to each Order shall be those in force on the date the Order is placed.
Article 2 – Complaints and Technical Support
For any technical information or queries relating to the functioning of the Services, the Customer is invited to submit their request either by email at kaviari@kaviari.fr, or by completing the “Contact” form accessible by clicking on this link, or by post at the following address: 1 rue Lénine, 94200 Ivry-sur-Seine.
The Customer may also contact Kaviari customer service by telephone at 01 44 78 90 52 (non-premium rate call), Monday to Friday from 9 a.m. to 5 p.m., excluding public holidays in France.
Article 3 – Definitions
For the purposes of these General Terms and Conditions of Sale, capitalised terms, whether used in singular or plural form, shall have the following meanings:
• “Gift Voucher or Kaviari Gift Card”: refers to a credit of an amount determined by the Customer, with a minimum of 150 euros, which may be used by a Customer for the purchase of Products, and valid for a maximum period of one year from its creation;
• “Terms and Conditions of Sale” or “T&Cs”: refers to this document governing the sales relationship between Kaviari and a Customer;
• “Terms and Conditions of Use” or “T&Cs”: refers to the Terms and Conditions of Use applicable to Users and available by clicking here. The T&Cs form an integral part of these Terms and Conditions of Sale;
• “Customer”: refers to the User, who is of legal age, legally capable, and a consumer within the meaning of the French Consumer Code, purchasing one or more Products on the Website;
• “Order”: refers to the purchase of a Product by a Customer on the Website, in accordance with the T&Cs;
• “Account”: refers to the personal account of a User, accessible only with a personal and specific login and password created by the User using their personal information on the Website. This account allows the User to place Product orders and access certain Services;
• “Personal Data”: refers to any information relating to an identified or identifiable natural person;
• “Withdrawal Form”: refers to the form, provided in the Appendix to these T&Cs, allowing the Customer to exercise their right of withdrawal from an Order;
• “User”: refers to all Website users, whether Customers or not;
• “Kaviari”: refers to Kaviari SAS, a simplified joint-stock company with a share capital of €308,880, whose registered office is located at 13 rue de l’Arsenal, 75004 Paris, registered with the Paris Trade and Companies Register under number 315 734 194, represented by Ms Karin Nebot acting in her capacity as Managing Director;
• “Privacy Policy”: refers to the privacy and personal data protection policy implemented by Kaviari, which forms an integral part of these Terms and Conditions of Sale;
• “Products”: refers to the products marketed by Kaviari via the Website, including in particular Kaviari Gift Vouchers or Gift Cards;
• “Website”: refers to the website operated by Kaviari, accessible notably at the following URL: www.kaviari.com.
Article 4 – Products and Availability
The Products available for sale are those listed on the Website on the date of the Order. Information relating to the essential characteristics of each Product is available on the Website (photographs, specifications, product descriptions, etc.).
Product characteristics and visuals are non-contractual and are provided for illustrative purposes only; they may not ensure a perfect match with the actual Product. Kaviari undertakes to deliver to the Customer the Products indicated in the order confirmation.
Kaviari reserves the right to remove at any time one or more Products offered for sale on the Website and to replace or modify any information relating to the Products.
Orders will be fulfilled within the limits of Product availability. In the event of unavailability of a Product, the Customer will be informed as soon as possible by email at the address provided at the time of placing the Order on the Website. The Customer may then choose another Product or cancel the Order and receive a refund.
Article 5 – Orders and Delivery
5.1 Order process
The contractual information, as well as the details of the Order, including delivery fees, are summarised on the “My Basket” page before final validation of the Order.
The User is invited to check the details of the Order and correct any errors it may contain before final validation.
The validation click performed at the end of the ordering process for any Products offered on the Website constitutes confirmation of the Order and is subject to prior acceptance of the General Terms and Conditions of Sale and the Privacy Policy.
The User must then proceed with payment in order to confirm the Order.
The payment confirmation click constitutes final consent to contract with Kaviari for the selected Products under these Terms and Conditions of Sale.
This confirmation click constitutes an electronic signature. It is expressly agreed between Kaviari and the Customer that this electronic signature has the same legal value as a handwritten signature.
After validating the Order on the Website, the Customer will receive an email confirmation from Kaviari including billing details and a link to the detailed invoice, along with a copy of the General Terms and Conditions of Sale on the Website, subject to the validity of the email address provided at the time of the Order, whether via an Account or via the information form during the checkout process.
For any questions regarding Order tracking, the Customer may contact Kaviari customer service under the conditions set out in Article 2 of these Terms.
For any Order of Products requiring physical delivery, the Customer may track their Order according to the carrier’s terms once the parcel has been handed over by Kaviari to the carrier.
No modification or cancellation of the Order will be accepted for any reason once the Order has been confirmed.
In accordance with Articles L3342-1 and L3353-3 of the French Consumer Code, the sale of alcoholic beverages to minors under 18 years of age is prohibited. If the Customer has added an alcoholic beverage to their Basket, they must be at least 18 years old to place an Order.
5.2 Proof of Order
Computerised records stored in the information systems of Kaviari or its subcontractors, under reasonable security conditions, shall be considered as proof of communications, Orders, and payments between the Parties.
The archiving of Orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
5.3 Home Delivery
Home delivery terms are defined as follows:
• Products are shipped to the address provided by the Customer at the time of the Order, subject to full payment of the price.
• The Customer will receive, at the time of the Order, an invoice detailing the price of each item and the delivery fees charged to them.
• Kaviari shall not be held liable in any way in the event of delay and/or non-delivery due to an incorrect address provided by the Customer (false, inaccurate, or incomplete address, or one to which delivery proves impossible). It is specified that, for delivery purposes, Kaviari uses a third-party service provider who will carry out the delivery service. The practical terms of delivery are defined by this provider.
• Delivery of the ordered Product(s) shall take place no later than 15 days (indicative timeframe) from the day following the Order, subject to full payment by the Customer for available items, unless otherwise specified prior to Order placement and prior to final validation. In such case, Kaviari will provide the Customer with an estimated delivery timeframe.
• Depending on the Customer’s choice, parcels may be delivered to the home address or deposited in one of Kaviari’s boutiques included in the drop-down list of available pick-up points on the Website. Delivery costs corresponding to the Customer’s choice are inclusive of VAT and are shown in the Order summary.
Each parcel includes online tracking.
If no delivery has occurred within a period of six weeks, Kaviari will offer cancellation of the Order and a refund to the Customer.
If the Customer fails to collect the parcel within a reasonable timeframe, or if it is not delivered for reasons not attributable to Kaviari and is returned by the carrier, reshipping costs shall be borne by the Customer.
For home deliveries, the Customer must reside in mainland France (including Monaco, excluding Corsica).
5.4 In-Store Pickup
The Customer may choose to collect their Order placed on the Website in-store.
Collection is only available at the following address: Kaviari, 13 rue de l’Arsenal, 75004 Paris.
The Products included in the Order will be made available within 24/48 business hours, excluding public holidays. Once the Order is available at the pick-up point, the Customer will receive a notification at the email address provided.
From the date of notification sent by Kaviari, the Customer has a period of 21 days to collect their Order. After this period, and in the absence of collection, the Order will be destroyed and shall not be eligible for any refund.
To collect the Order, the Customer must present the order confirmation as well as a valid identity document and must sign the delivery slip presented to them. The signature of the delivery slip constitutes proof of handover of the Products.
The Customer may collect their Order at the above-mentioned address from Monday to Friday, from 9 a.m. to 5 p.m., excluding public holidays.
Article 6 – Financial Terms
6.1 Prices
The prices of the Products are displayed on the Website in euros, inclusive of all taxes (VAT included).
The prices of selected Products will appear in the shopping cart, including all applicable French taxes, and will include order processing fees.
Kaviari reserves the right to modify its prices at any time; however, Products will be invoiced based on the rates in force at the time the Order is placed.
Any Kaviari Gift Card may be used by any Customer holding the activation code of the Gift Card, to be entered in the “promo code” field when purchasing Products.
The difference between the price of the Products and the value of the Kaviari Gift Card will be deducted when placing the Order.
The Kaviari Gift Card has no nominal value. It may only be used with Kaviari. It allows only a deduction of the Gift Card amount from the total Order value placed on the Website. It is neither fungible, divisible, nor splitable, and cannot be combined with another Kaviari Gift Card or divided into multiple Gift Cards.
6.2 Payment
Orders are payable exclusively in euros.
Payment is made online via the payment platform of BNP Paribas, through its Axepta module, by credit card.
In this context, Kaviari does not at any time have access to the Customer’s payment information and cannot be held responsible in the event of fraudulent use of payment methods.
The Axepta module uses SSL (Secure Socket Layer) technology, ensuring that banking information transmitted by the Customer is encrypted.
Accepted payment cards include: Carte Bleue, Visa, and Mastercard.
Shipment of the Order will not take place without full payment of the goods and delivery fees.
Kaviari reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment of any amount due by the Customer or in the event of a payment incident relating to the Order.
6.3 Invoice
The Customer may access their invoice via their Customer Account or via the email inbox provided at the time of the Order, subject to the accuracy of the information entered during the ordering process.
Article 7 – Right of Withdrawal
Due to the nature of the delivery of certain Products, the Customer may not exercise their right of withdrawal in respect of the purchase of such Products. Accordingly, in accordance with Article L.221-28 of the French Consumer Code, the Customer does not have a right of withdrawal for perishable foodstuffs with a short expiry date ordered on the Website, for reasons of hygiene, health protection, and rapid perishability.
However, with regard to accessories included among the Products that fall outside the scope of Article L.221-28 of the French Consumer Code, and in accordance with Articles L.221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) working days from the date of delivery of the Order to decide to withdraw from the purchase.
To do so, the Customer must send the completed withdrawal form provided for this purpose to Kaviari. The form may be sent:
either by email to: kaviari@kaviari.fr
or by post to the following address: Kaviari SAS, 1 rue Lénine – 94200 Ivry-sur-Seine
When a Customer exercises their right of withdrawal, they are not required to provide any justification or pay any penalty, except for return shipping costs.
For the return to be accepted by Kaviari, the Product must be intact and in perfect resale condition.
In the event of damage, Kaviari reserves the right not to proceed with the refund of the Product.
Refund terms are set out in Article 9 of these General Terms and Conditions of Sale.
Article 8 – Warranties and Complaints
Kaviari is liable for product non-conformity under the conditions set out in the French Consumer Code, as well as for hidden defects under the conditions set out in the French Civil Code.
Pursuant to Article L.217-3 of the French Consumer Code, the consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity and not the date on which it appeared.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty period.
If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a price reduction while keeping the goods, or terminate the contract and obtain a full refund upon return of the goods, if:
1° the professional refuses to repair or replace the goods;
2° repair or replacement is not carried out within thirty days;
3° repair or replacement causes a significant inconvenience to the consumer, including when the consumer permanently bears the costs of return or removal of the non-conforming goods, or installation costs for the repaired or replacement goods;
4° the lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods into conformity.
The consumer is also entitled to a price reduction or contract termination where the lack of conformity is so serious that immediate reduction or termination is justified. In such case, the consumer is not required to request repair or replacement first.
The consumer is not entitled to contract termination if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining warranty period until the goods are returned in repaired condition.
The rights mentioned above result from Articles L.217-1 to L.217-32 of the French Consumer Code.
A seller acting in bad faith and obstructing the implementation of the legal guarantee of conformity may incur a civil fine of up to €300,000, which may be increased to up to 10% of the average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund upon return of the goods.
Article 9 – Refunds
Refunds for Products in the cases referred to under Articles 3 and 7 will be issued within a period not exceeding fourteen (14) days after the date of the email confirming acceptance by Kaviari of the return of the Product(s).
Refunds will be made, at the discretion of Kaviari, either by crediting the Customer’s bank account or by bank cheque issued in the name of the Customer who placed the Order and sent to the billing address.
Refunds for Products paid for using a Kaviari Gift Card will be made exclusively in the form of a Kaviari Gift Card.
Article 11. Personal Data
The provisions regarding the protection of Internet Users’ personal data are detailed in the Privacy Policy, which forms an integral part of these Terms of Use.
Article 12. Force Majeure
The Company shall not be held liable if the performance of any of its obligations is prevented or delayed due to a force majeure event, as defined by Article 1218 of the Civil Code and the case law of French courts, including natural disasters, fires, malfunctions, pandemics, or interruptions in the telecommunications or electrical networks.
Any event of force majeure shall automatically extend all deadlines agreed upon by the Parties under this Agreement for a period corresponding to the duration of the event of force majeure.
Article 13. Miscellaneous Provisions
13.1 Correspondence — Evidence
Unless otherwise specified in these Terms and Conditions, correspondence between the Company and the Customer is primarily conducted via email.
Pursuant to Articles 1365 et seq. of the Civil Code, the Customer acknowledges and agrees that the information provided by the Company via email and the Website shall be deemed authentic between the Customer and the Company.
Details such as the time of receipt or transmission, as well as the quality of the data received, shall be deemed authentic by priority, as appearing on the Website or as authenticated by the Company’s computerized procedures, unless the Customer provides written proof to the contrary.
The evidentiary value of the information provided by the Website is equivalent to that of an original document, in the sense of a handwritten, signed paper document.
13.2 Entire Agreement
These Terms and Conditions set forth the entire scope of the Company’s and the Customer’s obligations with respect to their subject matter.
The failure of either party to invoke a breach by the other party of any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
13.3 Partial Invalidity
In the event that one or more provisions of these Terms and Conditions are deemed invalid, deemed unenforceable, or declared as such pursuant to a law, regulation, or a final and binding decision by a competent court of last resort, the remaining provisions shall remain in full force and effect and shall remain fully applicable, unless the invalid provision(s) are of a substantial nature and their removal would undermine the contractual balance.
13.4 Headings
In the event of any conflict between the interpretation of a heading appearing at the beginning of a provision of these Terms and Conditions and the interpretation of the provision itself, the heading shall be deemed null and void.
Article 14 – Governing Law and Jurisdiction
The General Terms and Conditions of Sale are governed by French law.
In the event of a dispute arising from the performance or interpretation of the provisions of the General Terms and Conditions of Sale, the parties agree to engage in discussions and attempt to reach an amicable settlement of their dispute.
In accordance with Articles L.612-2 et seq. of the French Consumer Code, and in the absence of an amicable agreement, the Customer may, free of charge and within one (1) month from the date of the written complaint sent to Kaviari, refer the matter to the consumer mediator:
• either by completing the form provided for this purpose on the website of the Paris Mediation and Arbitration Centre: www.cmap.fr;
• or by post to the Paris Mediation and Arbitration Centre, 39 Avenue Franklin D. Roosevelt, 75008 Paris, France.
The Customer may also use the online dispute resolution platform available at: https://consumer-redress.ec.europa.eu/index_fr
The mediation process shall not constitute a mandatory prerequisite for bringing the case before the competent courts.
IF THE USER IS NOT A CONSUMER, IN THE EVENT OF A DISPUTE RELATING TO THE WEBSITE, ITS INTERPRETATION, VALIDITY OR PERFORMANCE OF THESE TERMS AND CONDITIONS OF SALE, AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, EXCLUSIVE JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL.
Latest updates:
September 2025: typographical corrections, clarifications related to the sale of printed books, and updates linked to regulatory developments.
Appendix: Withdrawal Form
How to use the withdrawal form
You may exercise your right of withdrawal for all or part of the services provided by Kaviari, without giving any reason.
To do so, within a maximum period of fourteen (14) clear days from receipt of the email confirmation sent following the purchase of a non-conforming Product, you are invited to send the completed withdrawal form (attached) to Kaviari, either by email or post, at the following address:
kaviari@kaviari.fr
Kaviari SAS
1 rue Lénine
94200 Ivry-sur-Seine
Upon receipt of the withdrawal request by LIBRINOVA, the latter will proceed, where applicable, with the refund of the service amount subscribed to, without undue delay and no later than fourteen (14) days from receipt of the request.
We remind you that Kaviari will inform you of the amount corresponding to the sale of the relevant Product up to the exercise of your right of withdrawal. This amount is proportional to the total price of the Product and will be deducted from the total refund.
For further information, please refer to these General Terms and Conditions of Sale available here.
You may contact us at any time via customer service, whose details are provided above.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to exercise your right of withdrawal after receiving your Order)
To the attention of Kaviari SAS, 1 rue Lénine, 94200 Ivry-sur-Seine / kaviari@kaviari.fr:
I hereby notify you of my withdrawal from the distance contract within fourteen (14) days following receipt of my Order, concerning the Customer:
Surname and first name:
Customer address:
Order placed on:
Order references:
Date:
Customer signature (only if sent by post):