Terms & Conditions

Terms & Conditions

1. Identity

The Caviar Kaspia website,www.caviarkaspia.com, is the exclusive property of KASPIA MADELEINE SAS registered 517 979 878 whose head office is located at 17 Place de la Madeleine 75008 PARIS.

2. Purpose

The purpose of these General Terms and Conditions of Sale is:

•  To inform any potential Buyer of the terms and conditions under which the Seller proceeds with the sale and delivery of the products ordered
•  To define the rights and obligations of each of the parties in connection with the sale of products by the Seller to the Buyer.

They apply, without restriction or reservation, to all sales by Kaspia Madeleine of products offered on its website, products which cannot be resold (without prior request to the sales department).
Consequently, and in the application of the provisions of the Law of June 21, 2004 on confidence in the digital economy and the Law of March 13, 2000 on electronic signature, the fact that any person orders a product offered for sale on the Caviar Kaspia website implies full acceptance of these general conditions of sale, which the buyer acknowledges having read before placing his order.
The products are offered for sale in the following geographical territories: Metropolitan France and certain countries of the European Union. (See Article VII point 3)
Kaspia Madeleine reserves the right to modify these general conditions of sale at any time.

3. Products

In accordance with Article L. 111-1 of the Consumer Code, each product offered on the Caviar Kaspia site is subject to a precise description of its essential characteristics and its price. The Buyer can, therefore, prior to his order, take note, on the Caviar Kaspia site, of the essential characteristics of the product(s) he wishes to order. The photographs, drawings, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller. The prices of each product offered for sale on the Gourmandises de Luxe website are indicated in euros including tax (all taxes included) and are the prices in effect at the time of registration of the order by the Buyer.

The price indicated in the summary of your order is the final price. This price includes the total price of the order with the details of each product and the shipping costs.

4. Formation of the Contract

Access the site
The Caviar Kaspia E-commerce website is accessible at the following address: www.caviarkaspia.com. The Buyer is personally responsible for setting up the IT and telecommunications resources allowing access to the Caviar Kaspia Site. Buyer bears the cost of telecommunications when accessing the Internet and using the site.

Login
During his first order, the Buyer must create a personal account on the Caviar Kaspia website. To do this, the Buyer must enter a username and password and provide the following information:
 E-mail address
 Full name
 Address (street or boulevard number) and building (number and/or letter)
 Town
 Postal code
 Telephone

This data is used for all subsequent orders and ensures the most personalized follow-up possible.

This identifier and the password are the responsibility of the Buyer who cannot turn against the company Kaspia Madeleine SAS in the event of misuse by third parties, unless it proves that this fraudulent use is the direct consequence of a fault attributable to Kaspia Madeleine SAS.

Order
To start his order, the Buyer chooses each of the products he wishes to order after having read their essential characteristics. To do this, click on the representation of the desired product and then on "Add to Cart". The registration of an order on the Caviar Kaspia site store and its validation by the Buyer occurs when the Buyer clicks on the choice of payment method on the “Pay my order” page. In addition to the acceptance of the content of the order, this registration implies the acceptance of all of these General Conditions of Sale and constitutes proof of the date of signing. The Buyer's order will be confirmed by Caviar Kaspia by e-mail.

5. Payment

All orders are payable in euros. Payment must be made when ordering by the Buyer. At no time can the sums paid be considered as a deposit or down payment. The delivery of the order may be suspended or even canceled in the event of non- payment of the sum due by the buyer or in the event of a payment incident. To pay for his order, the Buyer has the following payment methods:
Paypal/Credit Card / Visa / Master Card /

6. Delivery and Receipt

General rules
At the time of his order, the Buyer is invited to specify the delivery address of his order, in Metropolitan France and in the European Union. In the event that the billing address is not the same as the delivery address, the Buyer must specify it. By default, invoices are sent with the order to the delivery address indicated by the Buyer when its registration with the order. Failure to comply with the procedures set out below, no claim from the Buyer will be accepted. Caviar Kaspia undertakes to process each order as soon as possible (within 24 to 48 hours).

Orders are processed from Monday to Friday, except for orders of fresh products, which is from Monday to Thursday until 1 p.m. Subject to product availability.

Shipping cost
On the date the site goes online, the shipping costs are as follows:

1-NATIONAL
National 0-10kg: €18 Then €2 per additional 5 kg, up to 35kg Corsica shipping
supplement: €30 Nav button "+ Corsica" Supplement for difficult-to-access area
department 73.74: €7.5
2-EUROPE
Europe 0-3kg: €36Europe 3.5-5kg: €45Europe 5.5kg- 10kg: €75 Then €3 per
additional 5 kg, up to 35kg
Delivery zone
The delivery area includes Metropolitan France, Corsica, as well as certain countries
of the European Union:

GermanyAustriaBelgiumDenmarkSpain
FinlandGreat BritainGreeceIrelandItaly
Luxemburg
NetherlandsPortugalSweden

The choice of carrier is made by Caviar Kaspia when the order is processed. Special case of orders containing fresh products. The preparation of an order for fresh products requires special packaging allowing the product to be preserved at the required temperature until its delivery. For any order containing caviar, salmon, fresh foie gras or any other product whose preservation requires refrigeration between 0 and +4°C, delivery is made by express transport. In the event of exceeding the delivery deadline mentioned when placing the order and in the order confirmation – not due to a case of force majeure, the Customer may cancel his order either by registered letter with acknowledgment of receipt addressed
to E-Commerce – KASPIA MADELINE Customer Service – 17 PLACE DE LA MADELEINE – 75008 Paris, either in writing on any other durable medium (email, fax) if, after having instructed Caviar Kaspia, under the same terms (registered letter or writing on any other durable medium), to make the delivery within a reasonable additional period, Caviar Kaspia did not comply within this time.
The order will be canceled and consequently the contract will be considered resolved on the date of receipt by Caviar Kaspia of the letter or writing informing it of the Customer's intention to avail himself of this right of cancellation, unless Caviar Kaspia has executed himself in the meantime. Caviar Kaspia then undertakes to reimburse the Customer for the sums that the latter has paid to it within a maximum period of fourteen (14) days following receipt of the cancellation letter by bank transfer or by cheque.

In addition, the Customer may immediately cancel his order when Caviar Kaspia does not fulfill its obligation to deliver the product(s) on the date or at the end of the period provided for and this date or this period constitutes for the Customer an essential condition of the contract, said essential condition resulting from the circumstances surrounding the conclusion of the contract or from an express request of the Customer before the conclusion of the contract. In the absence of the Buyer at the place of delivery, the parcel is deposited at the nearest post office. The Buyer then has 24 hours to collect it in order to guarantee the freshness of the products. Beyond 48 hours, the Buyer takes responsibility for seeing the damaged goods. No complaint will then be taken into account. It is up to the recipients to check the condition of the package in the presence of the deliverer or carrier. Any anomaly upon receipt must be reported to Caviar Kaspia within 48 hours in order to initiate a refund procedure with the carrier.

In the event of a delay in delivery in relation to the date initially fixed, the Purchaser must notify Caviar Kaspia in writing (mail, fax, email) in order to improve the quality of service which may be offered to him and to allow Caviar Kaspia to carry out an investigation with the carrier. An investigation with the carrier can last up to 21 working days. If during this period, the product is found, it will be immediately re- routed to the place of delivery designated in the order form. On the other hand, if the product ordered is not found at the end of this period of 21 days of investigation, Caviar Kaspia will proceed at its expense to a new shipment of the products ordered by the Buyer.

Returns
In the event of an error in the wording of the recipient's contact details, Caviar Kaspia cannot be held responsible for the impossibility of delivery. In this case, as in the case of cancellation of the order by the Buyer after shipment, the shipping costs will not be reimbursed to the customer by Caviar Kaspia. If the repeated absence of the Buyer during delivery results in a return products at Caviar Kaspia, the return costs and ancillary costs are the responsibility of the customer. It is understood that the goods always travel at the risk and peril of the recipient. Caviar Kaspia imperatively asks you to check your package upon arrival. In case of missing, loss or degradation of the package and the goods, or doubt of any nature whatsoever on the condition or the contents of his package, the Buyer is required to refuse the goods by immediately issuing a report. writing of the anomaly to the delivery person and to report these incidents to Caviar Kaspia by e-mail in the "contact" section.
For reasons of respecting the cold chain, fresh products cannot be returned.

7. Right of withdrawal

In accordance with Articles L. 221-18 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of any product ordered on the Site. The Customer does not need to justify a particular reason or pay penalties. After this period of fourteen (14) clear days, the request for withdrawal can no longer be processed. In order to exercise his right of withdrawal, it is advisable to send an unambiguous letter, sent to
Caviar Kaspia E-commerce – KASPIA MADELEINE SASCustomer Service – 17
PLACE DE LA MADELEINE75008 Paris –
or using the form availablehere.
CAVIAR KASPIA – KASPIA MADELEINE SAS acknowledges receipt of the request.

The products designated by article L 221-28 of the Consumer Code cannot be subject to a right of withdrawal. These include, among others, goods that are likely to expire quickly; which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; or even alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional. For all other products, they must imperatively be returned to Caviar Kaspia in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed delivery note and accompanied by the handwritten mention "return form" The costs of returning the products are the responsibility of the Customer, it being specified that the cost of return varies according to the type of product concerned, carrier or shipping, weight, size or the volume of products
Caviar Kaspia undertakes to reimburse the Customer using the same means of payment as that used to place the order, at the latest within fourteen (14) days following the sending of proof of shipment of the product before said period, or upon receipt of the product by Caviar Kaspia.

Amicable resolution of disputes:
Scope: Pursuant to Article L611-2 of the Consumer Code, the consumer is entitled to resort to an alternative dispute resolution method, consisting of consumer mediation, when occurrence of a dispute between a consumer and a professional.
Pursuant to Article L611-3 of the Consumer Code, the mediation of consumer disputes does not apply to complaints made by the consumer to the professional's customer service department, to direct negotiations between the consumer and the professional, to attempts at conciliation or mediation ordered by a court hearing the consumer dispute and proceedings initiated by a professional against a consumer.
Terms of mediation: Recourse to consumer mediation in the event of disputes is optional and is not a prerequisite for referral to the Judge. The consumer, pursuant to article L612-1 of the Consumer Code , has the right to have free recourse to a consumer mediator, with a view to the amicable resolution of his dispute, opposing him to a professional. Any customer who intends to submit a dispute arising from the acquisition of a product through this site, can contact, to know the site of the consumer mediator applicable to this contract, the consumer mediation commission.
This link with the site of the mediation commission of consumption provides direct access to information relating to the mediation process:http://www.mediation- conso.fr/mediateurs_reference.htmlThe referral to the consumer mediator must take place within 1 year from the written complaint, sent to the professional, under the conditions provided for in the general conditions of sale. The mediation of disputes must be accessible electronically or by simple mail. It is free for the consumer, with the exception of the costs he intends to incur for representation or assistance by a lawyer or any person of his choice, at all stages of the mediation , as well as the opinion of an expert, whose intervention he intends to seek.As regards the solicitation of the opinion of an expert, in the event of a joint request for expertise, between the professional and the consumer , the costs are shared between the parties.Upon receipt of the documents on which the consumer's request is based, the consumer mediator notifies the parties, electronically or by simple mail, of his referral, reminding them that they can, at any time, withdraw from the process. .The mediator communicates at the request of one or other of the parties, all or part of the documents in the file and can receive the parties, together or separately. Failing an amicable agreement between them, he offers them a solution to settle the dispute.together or separately. In the absence of an amicable agreement between them, he offers them a solution to settle the dispute.together or separately. In the absence of an amicable agreement between them, he offers them a solution to settle the dispute.
The outcome of the mediation occurs at the latest, within a period of 90 days, from the date of notification of the referral to the mediator, this period may be extended by him, at any time, in the event of complex disputes. , after having immediately notified the parties.
Exclusion of mediation: Pursuant to article L612-2 of the Consumer Code, a dispute cannot be examined by the consumer mediator, when the consumer does not justify having tried beforehand to resolve his dispute directly with from the professional by a written complaint according to the terms provided for, where applicable, in the contract; when the request is manifestly unfounded or abusive; the dispute has been previously examined or is being examined by another mediator or by a Court; the consumer has submitted his request to the mediator within a period of more than 1 year, from his written complaint to the professional; the dispute does not fall within its field of competence. In any of these hypotheses, the mediator informs the consumer, within three weeks,
Confidentiality: In accordance with the provisions of Article L612-3 of the Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality. The findings of the mediator and the statements collected during the mediation cannot be disclosed. to third parties, nor invoked or produced within the framework of a legal or arbitration proceeding, without the agreement of the parties. An exception is made to the preceding paragraphs, in the two following cases: the person; b – when the disclosure of the existence or the disclosure of the content of the agreement resulting from the mediation is necessary for its implementation or execution. When the mediator is appointed by a judge, he informs the latter whether or not the parties have reached an agreement.
Contact details of the mediator: https://www.economie.gouv.fr/mediation-conso/liste-
des-mediateurs-references
Pursuant to Article L616-1, the contact details of the mediator to whom the client may
contact are as follows:
Online dispute resolution: Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, online consumer dispute resolution has been established. Pursuant to this regulation, In order to to enable the online resolution of disputes, the consumer can connect using the following electronic link: http://www.fvd.fr (e-mail: info@fvd.fr ), to the online resolution of disputes.Amicable resolution of disputes:Field of application:It is instituted pursuant to article L611-2 of the Consumer Code, the liability for the consumer to resort to an alternative method of dispute resolution, consisting of consumer mediation, when a dispute arises between a consumer and a professional. Pursuant to Article L611-3 of the Consumer Code, the mediation of consumer disputes does not apply to complaints made by the consumer to the professional's customer service department, to direct negotiations between the consumer and the professional, to attempts at conciliation or mediation ordered by a court hearing the consumer dispute and proceedings initiated by a professional against a consumer.
Terms of mediation: Recourse to consumer mediation in the event of disputes is optional and is not a prerequisite for referral to the Judge. The consumer, pursuant to article L612-1 of the Consumer Code , has the right to have free recourse to a consumer mediator, with a view to the amicable resolution of his dispute, opposing him to a professional. Any customer who intends to submit a dispute arising from the acquisition of a product through this site, can contact, to know the site of the consumer mediator applicable to this contract, the consumer mediation commission. This link with the site of the mediation commission of consumption provides direct access to information relating to the mediation process: “http://www.mediation- conso.fr/mediateurs_reference.html". Referral to the consumer mediator must take place within 1 year of the written complaint sent to the professional, under the conditions provided for in the general conditions of sale. Mediation of disputes must be accessible electronically or by simple mail. It is free for the consumer, with the exception of the costs he intends to incur for representation or assistance by a lawyer or any person of his choice, at all the stages of mediation, as well as the opinion of an expert, whose intervention he intends to seek. the professional and the consumer, the costs are shared between the parties.Upon receipt of the documents on which the consumer's request is based, the consumer mediator notifies the parties,
electronically or by simple mail, of his referral, reminding them that they can, at any time, withdraw from the process .The mediator communicates at the request of one or other of the parties, all or part of the documents in the file and can receive the parties, together or separately. Failing an amicable agreement between them, he offers them a solution to settle the dispute.all or part of the documents in the file and can receive the parties, together or separately. In the absence of an amicable agreement between them, he offers them a solution to settle the dispute.all or part of the documents in the file and can receive the parties, together or separately. In the absence of an amicable agreement between them, he offers them a solution to settle the dispute.
The outcome of the mediation occurs at the latest, within a period of 90 days, from the date of notification of the referral to the mediator, this period may be extended by him, at any time, in the event of complex disputes. , after having immediately notified the parties.
Exclusion of mediation: Pursuant to article L612-2 of the Consumer Code, a dispute cannot be examined by the consumer mediator, when the consumer does not justify having tried beforehand to resolve his dispute directly with from the professional by a written complaint according to the terms provided for, where applicable, in the contract; when the request is manifestly unfounded or abusive; the dispute has been previously examined or is being examined by another mediator or by a Court; the consumer has submitted his request to the mediator within a period of more than 1 year, from his written complaint to the professional; the dispute does not fall within its field of competence. In any of these hypotheses, the mediator informs the consumer, within three weeks,
Confidentiality: In accordance with the provisions of Article L612-3 of the Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality. The findings of the mediator and the statements collected during the mediation cannot be disclosed. to third parties, nor invoked or produced within the framework of a legal or arbitration proceeding, without the agreement of the parties. The preceding paragraphs are excepted in the following two cases: a – in the presence of compelling reasons of public order or reasons related to the protection of the best interests of the child or the physical or psychological integrity of the person;
b – when the revelation of the existence or the disclosure of the content of the agreement resulting from the mediation is necessary for its implementation or execution.When the mediator is appointed by a judge, he informs the latter whether or not the parties have reached an agreement.

8. Retention of title

The transfer to the Buyer of the ownership of the products sold is suspended until full payment of the price, in accordance with the provisions of article 2367 of the Civil Code and order n ° 2006-346 of March 23, 2006 relating to securities. .

9. Liability

In case of out of stock or unavailability of the product, the Customer will be contacted by GDL as soon as possible in order to allow him to proceed either to a cancellation of the order and to the reimbursement of the product concerned, or, if a return in stock of the product is possible, to a postponement of the delivery date after replenishment of the said product, or to a substitution of the unavailable product of an equivalent value. In the event of cancellation and request for reimbursement, the latter is made within 10 (ten) days following the date of placing the relevant order, on the credit card used when placing the order.

10. Applicable law and competent jurisdiction

Sales of Kaspia Madeleine products on the Caviar Kaspia website are subject to French law. Any dispute relating to the interpretation, execution or breach of the contract concluded between Kaspia Madeleine and the Buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of Paris. .

11. "Computing and Liberties"

In accordance with the Data Protection Act of January 6, 1978 and the European Regulation on the Protection of Personal Data (RGPD) 2016/679/EU of April 27, 2016, the Customer has a right of access, opposition, rectification, deletion, limitation of processing, a right to portability, and withdrawal of consent to processing, on the data concerning him.

These rights can be exercised by email to:
commandeweb@caviarkaspia.comCustomers are entitled to lodge a complaint with a supervisory authority. For more information, consult the CNIL website: https://www.cnil.fr In accordance with article L.223-2 of the Consumer Code, the candidate is informed that he has the possibility, if he wishes, to register on a list of opposition to canvassing available on the websitewww.bloctel.gouv.fr

12. Partial invalidity

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and scope.