Terms and Conditions of Use

Article 1. Purpose of the Terms and Conditions of Use

The website www.kaviari.com and the services described in these Terms and Conditions of Use (hereinafter the “Terms of Use”) are published, operated, and provided by Kaviari, whose full contact details are available by clicking here.

The website is hosted by Profileo, whose contact details are available by clicking here.

Kaviari has taken out “public liability” insurance with Generali IARD.

The Publication Director is Mrs. Karin Nebot.

The general terms and conditions of sale for Kaviari products are set out in Kaviari’s Terms and Conditions of Sale, available by clicking here.

Kaviari’s personal data processing policy is set out in its privacy policy, available by clicking here.

Kaviari reserves the right to adapt, modify, or update these Terms of Use at any time.

Article 2. Claims — Technical Support

For any technical information or inquiries related to the functioning of the Website, users are invited to send their request either by email at kaviari@kaviari.fr, or by completing the “Contact” form available by clicking on this link, or by post to the following address: 1 rue Lénine, 94200 Ivry-sur-Seine.

Users may also contact Kaviari’s customer service by telephone at +33 (0)1 49 87 41 00 (non-premium rate call), Monday to Friday from 9 a.m. to 5 p.m., excluding public holidays and weekends in France.

Article 3. Definitions

For the purposes of these Terms and Conditions of Use, the capitalised terms, whether used in the singular or plural, shall have the following meanings:

• “Terms and Conditions of Use” or “Terms of Use”: refers to this document, which forms an integral part of the Terms and Conditions of Sale;

• “Terms and Conditions of Sale” or “T&Cs”: refers to the General Terms and Conditions of Sale for Customers (as defined in the T&Cs), available by clicking here;

• “Account”: refers to the personal account of a User, accessible only with a specific and personal login and password, created by the User based on their personal information on the Website. This account allows the User to place orders for Products and access certain Services;

• “Personal Data”: refers to any information relating to an identified or identifiable natural person;

• “User”: refers to all users of the Website, whether Customers or not;

• “Kaviari”: refers to the company 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 Mrs. Karin Nebot acting in her capacity as Chief Executive Officer with the necessary authority;

• “Privacy Policy”: refers to the personal data protection and privacy policy implemented by Kaviari, which forms an integral part of these Terms of Use;

• “Products”: refers to the products sold by Kaviari via the Website;

• “Services”: refers to the features and services defined in Article 5, made available to Users via the Website and, for certain services, subject to prior creation of an Account;

• “Website”: refers to the website operated by Kaviari, accessible notably at the following URL: www.kaviari.com.

Article 4. Scope – Acceptance – Modification of the Terms of Use

These Terms of Use are intended to define the conditions under which the User benefits from the Services provided by Kaviari through the Website.

Access to or use of all or part of the Website and/or the Services implies full acceptance, without restriction or reservation, of these Terms of Use by the User.

As these Terms of Use may be amended, the applicable conditions are those in force and accessible on the Website at the time the User accesses the Website.

Article 5. Access and Availability of the Services

5.1 Description of the Services

Through its Website, Kaviari provides Users with access to a range of Services designed in particular to enable them to:

• Create an Account
• Browse the ranges of Products available in-store and online
• Purchase Products on the Kaviari Website, with or without an Account, subject to prior acceptance of the General Terms and Conditions of Sale
• Make reservations for services offered by Kaviari by submitting a reservation request directly on the Website

Other Services are described directly on the Website.

5.2 Availability of the Services

Kaviari makes its best efforts to ensure that its Services are available 24 hours a day, 7 days a week, regardless of maintenance operations relating to the said Services and/or the Website.

In any event, Kaviari reserves the right to modify, suspend, or interrupt, at any time, temporarily or permanently, all or part of the Services and/or access to the Website without prior notice to Users. Such modifications and/or interruptions of the Services and/or access to the Website shall not give rise to any compensation, even if they occur during the process of subscribing to one or more Services.

In this respect, Kaviari is bound by an obligation of means.

More specifically, Kaviari makes its best efforts to ensure the continuity of the Services; however, given the complexity and specific circumstances inherent to hosting activities, Kaviari can only be held to an obligation of means under these Terms of Use.

Consequently, Kaviari shall not be held liable for any difficulties or inability to access the Website, slow connection speeds, or any other technical issues arising from circumstances and/or technical intermediaries beyond Kaviari’s control.

Article 6. Purchase of Products with an Account

In order to place an order for Products within the meaning of the T&Cs, the User is invited to create an Account by registering via the registration form, which allows the User to create an Account using a valid email address, in particular by choosing a username and password.

By completing the registration form on the Website, the User declares and warrants that they have full legal capacity to do so.

The User will receive an email containing a clickable link to validate the creation of their Account, followed by a second email confirming that the Account has been successfully created.

By creating an Account, the User is provided with a unique identifier (email address) and a strictly personal password, which the User undertakes to keep confidential and not to share with any third party.

The User is solely authorised to access and use the Services using their unique identifier and password. Any access to the User’s Account using their identifier and password shall be deemed, by operation of law, to have been made by the User. Likewise, access to the Services using their login credentials is carried out under the sole responsibility of the User.

Therefore, in the event of loss, theft, or any fraudulent use of the User’s identifier and/or password, the User must inform Kaviari as soon as possible and provide proof of identity upon request.

Upon receipt of duly substantiated notification, Kaviari will issue the User with a new identifier and/or password, which the User shall be responsible for keeping strictly confidential.

The User warrants that the information provided is accurate, up to date, and complete with regard to their identity and contact details. The User undertakes, in particular, to provide an active and valid email address of which they are the owner.

The User also undertakes to update their personal information provided during Account creation (in particular their email address) whenever it changes, in order to ensure its accuracy, by informing Kaviari via email at the address indicated in Article 2.

The User acknowledges that Kaviari reserves the right to verify the personal information provided and to suspend or terminate the User’s access to the Services if the User fails to comply with these registration requirements, particularly if they provide false, inaccurate, incomplete, or outdated information.

Under no circumstances shall Kaviari be held liable towards third parties for any error, omission, or inaccuracy in the information provided by the User when creating or updating their Account.

In the event of total inactivity of a User’s Account for a period of three (3) years from the User’s last login to the Website, Kaviari reserves the right to deactivate the User’s access to their Account and to process their Personal Data in accordance with the Privacy Policy.

In the event of a User’s death, upon submission of supporting documents by their heirs or any third party, the Account will be deactivated and/or transferred to the heirs, and the Personal Data will be processed in accordance with the Privacy Policy.

Access to the Account is provided free of charge and for an indefinite period.

Article 7. Purchase without an Account

The User may place an order for Products within the meaning of the T&Cs without creating an Account, which remains optional. In such cases, the User provides their surname, first name, and email address via a form to which they are redirected during the order process.

By completing this form on the Website, the User declares and warrants that they have full legal capacity to do so.

The User guarantees that the information provided to Kaviari is accurate, up to date, and complete with regard to their identity and contact details. In particular, the User undertakes to provide a valid and active email address of which they are the owner.

Under no circumstances shall Kaviari be held liable towards third parties for any error, omission, or inaccuracy in the information provided by the User when completing the information form during the ordering process.

Article 8. Warranties – Liability

By accessing Kaviari’s Website, the User declares, warrants, and agrees to:

• access and use the Website and/or the Services in good faith, in a reasonable manner, in compliance with these Terms of Use, and strictly for personal, non-commercial purposes;

• not use any devices or software other than those provided by Kaviari, intended to (i) affect or attempt to affect the proper functioning of the Website and/or the Services it contains, or (ii) extract, modify, view, even in cached or temporary memory, or otherwise use, in whole or in part, the Website and/or the Services;

• not access and/or use the Website and/or the Services and/or the Products provided by Kaviari for unlawful purposes and/or with the intent to harm Kaviari’s reputation and image, or more generally to infringe the rights, including intellectual property rights, of Kaviari and/or third parties;

• not directly or indirectly market the Services and/or Products and/or access to the Services, the Website, or the Products;

• not reuse or exploit, in whole or in part, the Website and the Services it contains, in particular for commercial and/or collective purposes, or for personal use in any form and/or medium not authorised by Kaviari;

• not reproduce or represent all or part of the Website for private use beyond the legal exceptions provided for, in particular under the French Intellectual Property Code, or for any direct or indirect commercial purpose, including towards third parties;

• not restrict access to or use of the Website and/or the Services;

• not modify, including in cached or temporary memory, any notice or element of the Services and/or Website content;

• ensure that the use of the Services does not affect or compromise the stability, security, or quality of the Services, networks, bandwidth, or infrastructure of Kaviari, other Users, or third parties;

• not violate Articles 323-1 to 323-7 of the French Criminal Code relating to “hacking” practices, including unauthorized access, remaining fraudulently in a system, obstructing or altering an automated data processing system. This also includes the fraudulent introduction of data into such a system, or the extraction, possession, reproduction, transmission, deletion, or modification of its data;

• not import, possess, offer, transfer, or make available any object, whether tangible or intangible, intended to commit the above-mentioned offences, in breach of Article 323-3-1 of the French Criminal Code;

• not knowingly facilitate or support the transfer of products, content, or services whose transfer, offer, acquisition, or possession is manifestly unlawful, as provided for in Article 323-3-2 of the French Criminal Code;

• not use and/or exploit the contact details of other Users or (potential) customers of the Services for direct marketing purposes without their consent, which constitutes “spamming” as prohibited under Article L34-5 of the French Postal and Electronic Communications Code and Article L121-20-5 of the French Consumer Code;

• not process Personal Data of other Users or (potential) customers of the Services for marketing purposes in spite of their opposition, an offence under Article 226-18-1 of the French Criminal Code.

In the event of a breach of any of these obligations, without this list being exhaustive, the User is informed that Kaviari may refuse or suspend, unilaterally and without prior notice, access to all or part of the Services and/or the Website.

The User unreservedly agrees that, should Kaviari’s liability be engaged directly or indirectly as owner and operator of the Website by any person or entity whatsoever, Kaviari reserves the right to take, without delay and as of right, any administrative and/or technical measures, including in relation to the User, in order to protect its interests and/or comply with its obligations.

Article 9. Limitation of Liability

The User is solely responsible for the use they make of the Website, as well as of the Services accessed via the Website.

Kaviari shall under no circumstances be held liable in the context of any proceedings brought against a User who has engaged in improper use of the Website and/or the Services it provides.

In this respect, the User acknowledges and agrees that they shall bear sole responsibility for any claim or legal action brought against Kaviari as a result of their non-compliant use of the Services and/or the Website.

The Website may contain hyperlinks redirecting to third-party websites.

In this regard, given the intermediary nature of the content that may be published on such sites, Kaviari shall not be held liable in the event that the content of such third-party websites contravenes applicable laws and/or regulations.

In any event, Kaviari shall not be held liable:

• in the event of unavailability of the Services due to causes such as failure of the public electricity network, failure of telecommunications networks, loss of Internet connectivity caused by public or private operators, including those of the User, where such causes arise in particular from strikes, storms, earthquakes, or any other cause of force majeure;

• in the event of use of the Website and/or Services by any User under conditions not compliant with these Terms of Use;

• in the event of use of the Products by any User under conditions not compliant with the Terms and Conditions of Sale;

• to the extent permitted by applicable law, for any indirect damage, including but not limited to loss of profit, data, or any other intangible asset losses, even if Kaviari has been advised of the possibility of such damages, arising (i) from the use or inability to use the Services, or (ii) following access to the Services by an unauthorised User.

Kaviari shall not be held liable for any malfunction of any kind relating to the User’s computer equipment or internet access connection when accessing the Website and, more generally, the Services.

In particular, Kaviari does not guarantee Users against:

• access speed issues to the Website and/or buffering speed of videos accessible via the Services that the User may experience;

• the quality of texts, information, descriptions, photographs, and video content attached to or contained on the Website.

Article 10. Force Majeure

Kaviari shall not be held liable if the performance of any of its obligations is prevented or delayed due to a case of force majeure as defined by French case law and Articles 1218 and 1351 of the French Civil Code, including in particular natural disasters, fires, or failures or interruptions of telecommunications networks or the electrical grid.

Article 11. Intellectual Property

11.1 Copyright in the Website

Kaviari is the owner or licensee of all intellectual property rights relating both to the overall structure of the Website and its content (texts, slogans, graphics, images, videos, photographs, and other content).

Accordingly, in accordance with the provisions of Book I of the French Intellectual Property Code, any representation, reproduction, modification, alteration, and/or exploitation, in whole or in part, of the Website and/or its content and/or the Services, by any means and on any medium whatsoever, without the express prior authorisation of Kaviari, is prohibited and constitutes an act of copyright infringement.

Likewise, any unauthorised use of the Website and/or its content and/or the Services shall render the User civilly and criminally liable on the basis of copyright infringement.

Kaviari intends to make the Website and the Services available solely for access via the Internet, namely:

• from a computer or equivalent terminal with access to one or more telecommunications networks enabling access to the Internet and equipped with web browsing software (such as Internet Explorer, Mozilla Firefox, etc.);

• from a mobile device with access to a telecommunications network enabling access to the Internet (Wi-Fi, 3G/4G, Edge, etc.).

Any other use of the Website and/or the Services is deemed by right to be reserved to Kaviari and shall constitute an infringement of its right to make the Website and/or Services available.

11.2 Distinctive Signs

Trademarks, logos, company names, acronyms, trade names, shop signs, and/or domain names of Kaviari and/or its business partners mentioned on the Website, enabling access to the Services provided by Kaviari, constitute distinctive signs that may not be used without the express prior authorisation of their respective owners.

Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement, in accordance with the provisions of Book 7 of the French Intellectual Property Code, as well as unlawful use of company names, trade names, and domain names, engaging the civil liability of the infringer.

11.3 Databases

The User irrevocably acknowledges that the Website and the Services consist of one or more databases made available by Kaviari as the producer of such databases within the meaning of Articles L.341-1 et seq. of the French Intellectual Property Code.

Accordingly, in accordance with Article L.342-1 of the same Code, the User agrees not to:

• extract, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Website and/or through the Services and/or the Products, onto another medium, by any means and in any form whatsoever, including for use or consultation via any medium and/or process not authorised by Kaviari;

• reuse by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Website and/or through the Services and/or the Products, in any form whatsoever, including via a hyperlink, medium, and/or process not authorised by Kaviari;

• create, edit, maintain, update, import, export, make available to third parties, whether free of charge or for consideration, or participate in such acts in relation to a database competing with all or part of one or more of Kaviari’s databases;

• display the content on a screen by any means or medium other than those through which Kaviari intends to disclose the Website, Products, and Services, as specified in Article 11.1, including its organisation and/or structure;

• more generally, any extraction, use, storage, reproduction, representation, or retention, whether direct or indirect, partial or total, including in cache or temporary memory, of a qualitatively or quantitatively substantial part of the content of one or more of Kaviari’s databases, carried out by any of the above-mentioned means, is strictly prohibited, including via any medium not authorised by Kaviari.

11.4 Content of the Services

The User acknowledges and agrees that access to the Website, the Services, and the Products made available by Kaviari shall not entail any transfer or granting of intellectual property rights (including copyright) or any other rights in their favour.

Access to the Services is strictly limited to the User’s private and personal use, under the conditions and within the limits defined in these Terms of Use and in accordance with Article L.122-5 2° of the French Intellectual Property Code.

Accordingly, the User acknowledges and agrees that the private and personal use granted by Kaviari in connection with access to its Services expressly excludes, in particular, access to the Services for collective use of their content, as well as any reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, or correction, whether free of charge or for consideration, of all or part of the Website, the Services, and their content.

11.5 Hyperlinks

Hyperlinks available on the Website enabling access to other websites and, more generally, to any resources available on the Internet, shall not engage Kaviari’s liability.

The User may not, under any circumstances, create hyperlinks to deep pages of the websites enabling access to the Services, by any technical means designed to bypass the User identification process or to scrape all or part of the content of the Services made available by Kaviari. The use of “framing” techniques is prohibited unless expressly and previously authorised by Kaviari.

Article 12. Personal Data

Kaviari ensures compliance with the European General Data Protection Regulation No. 2016/679 of 27 April 2016 (GDPR), the amended French Data Protection Act No. 78-17 of 6 January 1978 (Loi Informatique et Libertés), and any regulations adopted thereunder, with regard to the processing of Personal Data carried out in the context of the User’s use of the Website.

The provisions relating to the protection of Users’ Personal Data are detailed in Kaviari’s Privacy Policy, accessible by clicking here, which forms an integral part of these Terms of Use.

Article 13. Miscellaneous Provisions

13.1 Correspondence – Evidence

Unless otherwise provided in these Terms of Use, correspondence between Kaviari and the User shall be carried out exclusively by email.

Pursuant to Articles 1365 et seq. of the French Civil Code, the User acknowledges and agrees that information provided by Kaviari by email or on the Website shall be binding between the User and Kaviari.

The elements relating to the time of receipt or transmission, as well as the quality of the data received, shall prevail as recorded on the Website or as authenticated by Kaviari’s computer systems, unless proven otherwise in writing by the User.

In accordance with Article 1366 of the French Civil Code, the evidential value of information provided by Kaviari shall be equivalent to that of an original written document signed in paper form.

13.2 Entire Agreement

The fact that either party does not invoke a breach by the other party of any of the obligations set out herein shall not be interpreted 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 of Use are deemed null and void, considered unwritten, or declared as such pursuant to a law, regulation, or a final decision of a competent court having the authority of res judicata, the remaining provisions shall remain fully valid and in force and shall continue to apply in full, unless the invalid provision(s) are of a material nature and their removal would call into question the contractual balance.

13.4 Headings

In the event of any difficulty in interpretation between any of the headings appearing at the top of the clauses of these Terms of Use and the clauses themselves, the headings shall be deemed to have no contractual value.

Article 14. Governing Law and Dispute Resolution

These Terms of Use are governed by French law.

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 OF USE, AND IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, EXPRESS JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL.

Last updated:

September 2025: typographical corrections and updates related to regulatory developments.