KAVIARI is a benchmark brand in the world of caviar and the supplier of top Michelin-starred chefs.
www.kaviari.com is the online sales website of KAVIARI SAS with a share capital of 308,880.00 euros.
Head office: 13 rue de l'Arsenal, 75004 ParisTel : 01 49 87 41 00RCS (Paris): 315 734 194SIRET: 315 734 194 000 63VAT: FR19 315 734 194
This site has been registered with the Commission Nationale de l'Informatique et des Libertés CNIL, which issued receipt 123 86 89 on June 2, 2007. If you have any complaints about this site or its content, please contact KAVIARI SAS by e-mail at kaviari@kaviari.fr or on kaviari.com/contact-us. You can also contact us by telephone on: 01 49 87 41 00.
Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a legible and comprehensible manner, with the present terms and conditions of sale and with all the information listed in article L.111-1 of the French Consumer Code.
The present general conditions of sale apply by operation of law to any sale made by KAVIARI SAS to any consumer or any legal entity purchasing for their needs other than those relating to their professional activity, concerning any product offered for sale via the KAVIARI SAS Internet merchant site, accepting to fill in the obligatory fields presented at the time of registration and having a delivery address located in one of the zones served by KAVIARI SAS.
Any confirmation by the customer of an order entered on the site implies full acceptance by the customer of the present general conditions of sale and the specific conditions of the order. Prior to placing an order, the customer has the option of correcting or modifying his/her choices and reading the present terms and conditions of sale..
Any order implies unreserved acceptance of these general terms and conditions of sale, which prevail over all other conditions, except those expressly accepted by KAVIARI SAS. KAVIARI SAS reserves the right to modify the terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the purchaser's order.
In accordance with articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of products sold on the KAVIARI SAS website are available on the site. Each product is presented on the site, with a description of its name, quantity, composition, price and storage instructions. The photographs illustrating the products are not contractual and are merely indicative of the general presentation of the products. We recommend that you read the product description carefully before confirming your order.
Offers are valid while stocks last.
If a product is unavailable after the order has been placed, the purchaser will be informed by e-mail or telephone within 24 hours (working day) of the order.
The customer may then choose to:
Finally, it is specified that KAVIARI SAS reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular when there is a dispute with the Customer concerning the payment of a previous order.
At the time of the first order, the password will be chosen by the customer, which together with the e-mail address indicated (used as the user's identifier) will constitute proof of identity and commitment to any order placed through them. They have the value of an electronic signature within the meaning of Decree 2001-272 of March 30, 2001. The customer is solely responsible for his login and password, and will bear any consequences that may result from their use by third parties with knowledge of them.
The buyer who wishes to purchase a product must:
All information provided by the buyer is binding.
In the event of an incorrect entry of the customer's name, address, telephone number, e-mail address or delivery address, resulting in the loss of the products, the customer will remain liable for payment of the lost products and no refund will be made. The recorded confirmation will be considered as proof of the transaction and will be considered as a signature and acceptance of the operations carried out.
The seller will send confirmation of the order by e-mail.
The prices of the products sold are those indicated on the site on the day of the order. They are expressed in EURO (€) and stipulated inclusive of all taxes at the VAT rate applicable on the day of the order, including packaging but excluding delivery charges. Any change in the applicable VAT rate will automatically be reflected in the price of products sold online.
The amount of delivery charges will be indicated with the total price of the order entered, expressed inclusive of all taxes and including VAT before the final validation of the order by the buyer.
The price is payable at the time the order is placed.
All orders are payable in cash and in euros.
Payments will be made online by credit card ( Carte Bleue, Visa Card or Eurocard Mastercard): they will be made through the BNP secure system via its Axepta module, which uses the SSL (Secure Socket Layer) protocol so that transmitted information is encrypted by software and no third party can gain knowledge of it during transport on the network.
Orders cannot be dispatched without full payment of the goods and delivery charges.
Kaviari reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the buyer or in the event of a payment incident.
The online sale of products presented on the site is reserved for deliveries to be made in mainland France and Monaco.
Deliveries are made to the address indicated on the order form and may only be made within the geographical area indicated above, i.e. mainland France and Monaco. Delivery is therefore not possible to other geographical areas.
When placing an order, the purchaser may choose the delivery date.
It is hereby specified that delivery can take place at the earliest:
Obviously, the buyer can select a later delivery date if he wishes.
However, the buyer cannot choose the time of delivery. In the event of late delivery, the order is not cancelled.
The purchaser may, however, give KAVIARI SAS formal notice to deliver the order within 3 working days, to the following address:
Should KAVIARI SAS fail to respect this new deadline, the order may be cancelled by the purchaser and KAVIARI SAS will reimburse the sums debited within a period of fourteen days following the cancellation of the sale.
It is also specified that if the purchaser has specifically indicated to KAVIARI SAS that compliance with the delivery date indicated was a determining factor in his choice, the purchaser may cancel the sale without prior formal notice from KAVIARI SAS.
Delivery charges are calculated automatically when the order is placed, and appear on the page indicating the order price before the order is finally confirmed.
As an indication, delivery charges for packages weighing 15kg or less are as follows:
Delivery is free in mainland France for all orders over €150 inc. tax (after discounts for promotional offers).
For packages weighing more than 15kg, please consult the ""expert advice"" tab.
Mainland France and Monaco: deliveries will be made via Chronofresh. The customer is responsible for entering the name and address of the recipient (door code, floor, telephone...) to enable delivery under normal conditions, and to avoid any delays or delivery problems resulting in additional re-delivery costs to be borne by the customer.
A P.O. box delivery address cannot be taken into account. The buyer is delivered to his home address and signs the delivery note. The purchaser is required to check the condition and number of packages delivered in the presence of the delivery person. In the event of shortages, damage or any other anomaly, the customer must make reservations on the delivery note on receipt of the parcel.
At the same time, he/she must inform KAVIARI SAS at the following address: KAVIARI SAS, 1 rue Lenine 94200 Ivry sur Seine.
If this clause is not respected, no reimbursement procedure with the carrier can be initiated.
We insure the goods up to the point of delivery.
In the event of absence, the purchaser or recipient of the product ordered will receive a delivery notice, enabling them to contact the carrier in order to collect their parcel(s). Collection must take place within 24 working hours, due to the perishable nature of the product(s).
KAVIARI SAS cannot be held responsible for any deterioration of the products due to late receipt of a parcel in the absence of the customer or the person authorized to receive it.
In addition, in the event of an error by the customer in entering their contact details or those of the place of delivery, in particular their surname, first name, address, telephone number, e-mail address or door code, making delivery impossible and resulting in the loss of the products, the customer will remain liable for payment of the lost products and no refund will be made.
Alternatively, the purchaser may decide to use Click and Collect, i.e. place an order on the KAVIARI SAS website and collect the order directly from the address proposed by KAVIARI SAS.
Click and Collect is only available in Paris, at the Manufacture KAVIARI, located at 13 rue de l'Arsenal. This is the only KAVIARI SAS store that offers Click and Collect. No other point of sale may be chosen by the purchaser to collect his/her order. The buyer can collect his order from the Manufacture KAVIARI, Monday to Friday, from 9am to 5pm (excluding public holidays).
Once the order is available at Manufacture KAVIARI, the buyer will receive a notification to pick up his parcel.
If the purchaser decides to use Click and Collect, the products will be made available within 24/48h working days. Should the products ordered be unavailable, the buyer will be contacted by KAVIARI SAS, who will offer to replace them with the reference of his choice, for the same amount, or to reimburse him.
The buyer will be informed by email as soon as the order is available. From this date, the buyer will have 21 days to collect the order. If the order is not collected within this period, it will be destroyed and no reimbursement will be made. In order to collect the order, the purchaser must present the order confirmation and proof of identity, and must sign the delivery note for the order in question. The signature on the delivery slip will constitute proof of delivery of the products ordered.
The buyer is advised to check the condition of the goods before signing the delivery note. The transfer of risks takes place when the delivery slip is signed. As Click and Collect is qualified as a distance sale, the right of withdrawal mentioned in article XI of these General Terms and Conditions of Sale is applicable.
Purchasers, who are non-professional individuals, benefit from a withdrawal period of 14 working days from the date of delivery of the order. However, as stipulated in article L. 221-28, 4° of the French Consumer Code, this right of withdrawal does not apply to contracts for the supply of perishable foodstuffs that we offer on our site, with the exception of those with a DDM (date of minimum durability).
All products supplied by the seller are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code and the legal warranty of conformity stipulated in articles L. 217-4 et seq. and L. 411-1 of the French Consumer Code. In the event of non-conformity of a product sold, it may be returned to the seller, who will take it back, exchange it or reimburse it.
All claims, requests for exchange or refund, must be made by post to the following address: KAVIARI SAS - 13 rue de l'Arsenal -75004 Paris - France. Kaviari reminds you that the statutory limitation period for claims is two years (L.217-12 of the French Consumer Code) from the date of delivery of the goods, and for claims based on latent defects is two years from the date of delivery of the goods.
XIII - Liability
The Vendor shall not be held liable or in default for any delay or non-performance resulting either from the consumer, or from the unforeseeable and insurmountable act of a third party to the contract, or from a case of force majeure usually recognized by French case law. War, riot, fire, strikes, accidents and the impossibility of obtaining supplies are considered as cases of force majeure discharging the seller from his obligation to deliver. The seller may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, interruption of service or other involuntary problems.
All elements of the Kaviari site are and remain the exclusive intellectual property of Kaviari.No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound elements.
Any simple or hypertext link is strictly forbidden without the written consent of Kaviari.
The collection and processing of personal data by KAVIARI SAS is explained in the Privacy Policy, accessible on the KAVIARI SAS website.
KAVIARI SAS will archive order forms and invoices on a reliable and durable medium constituting a faithful copy.The computerized registers of KAVIARI SAS the caviar specialist will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The present conditions of online sale are governed by French law. In the event of litigation, jurisdiction is attributed to the competent courts under the conditions of common law, and in the event of litigation with professionals and/or merchants to the courts of Paris, notwithstanding plurality of defendants or introduction of third parties.
You can agree to receive newsletters and promotional SMS messages by ticking the appropriate box.
In accordance with the provisions of articles L. 612-1 et seq. of the French Consumer Code, you may, in the event of a dispute, have free recourse to KAVIARI's Consumer Mediator, CMAP https://www.cmap.fr. You can contact the Mediator by e-mail or post at the following addresses:
If you wish to assert your right of withdrawal, please download the form provided for this purpose, complete it and return it to us by email kaviari@kaviari.fr or by post to: Kaviari - 1 rue Lénine 94200 Ivry-sur-Seine.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract:
Article L. 217-12 of the French Consumer Code (Code de la Consommation): Action resulting from a lack of conformity is barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for service or from the date the goods are made available for repair, if the goods are made available after the buyer's request for service.
Articles 1641 and 1648 of the French Civil Code
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code: Any action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1 , the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
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