General terms and conditions of online sale

I – Presentation of the seller and distributor

The website www.kasnodar-caviar.com (hereinafter the "Website") offers, among other things, the online sale of products marketed under the KASNODAR CAVIAR brand. The marketing, sale, preparation and distribution of orders placed on the Website are handled by K.V.R. (hereinafter "K.V.R." or the "Seller").

II - Pre-contractual information

Before placing an order, the Customer acknowledges having received, in a legible and comprehensible manner, these general terms and conditions of sale and all information required in particular under Articles L. 111-1 and L. 221-5 of the French Consumer Code.

The Customer declares that they have the legal capacity to enter into the contract and acquire the products for their personal needs or, when acting on behalf of a legal entity, for needs unrelated to their professional activity.

III - Scope of application - Purpose

These general terms and conditions of sale govern distance sales concluded on the Website between K.V.R. and any consumer or non-professional (hereinafter the "Customer"). They do not govern sales made for the purposes of a professional activity, which may be subject to separate terms and conditions.

Validation of an order constitutes full and complete acceptance of these general terms and conditions of sale and of the specific terms displayed at the time of the order. Before final validation, the Customer may check the details and total price of the order and correct any errors.

K.V.R. may amend these terms and conditions at any time. The applicable terms are those in force on the date the Customer validates the order.

IV - Product characteristics

Each product is presented with its essential characteristics, including its name, weight or quantity and price. Customers are invited to read this presentation carefully before ordering.

Photographs and visuals are provided for illustrative purposes and are not contractual. A minor variation in presentation or packaging that does not affect the essential characteristics of the product does not constitute a lack of conformity.

Caviar and other refrigerated foodstuffs are perishable products. The Customer must comply with the storage conditions and use-by date shown on the packaging.

V - Validity of the product offer

The offers are valid within the limits of available stocks.

If a product becomes unavailable after the order has been validated, K.V.R. will inform the Customer by email or telephone, where possible within twenty-four working hours. The Customer may then choose:

• to defer delivery until the product is restocked, where possible;
• to replace the unavailable product with an equivalent product, with their express consent;
• to cancel all or part of the order and receive the corresponding refund without undue delay.

VI - Orders

To place an order, the Customer must:

• accurately provide the requested information;
• select the desired products and quantities;
• check the order summary and, where applicable, correct any input errors;
• accept these general terms and conditions of sale;
• validate the order with an obligation to pay and pay the price using the proposed method.

Where account creation is offered, the Customer remains responsible for keeping their login details confidential. Any use of those details is presumed to have been made by the Customer unless fraudulent use independent of their will is proven.

The contract is concluded when K.V.R. sends the Customer an email confirming acceptance of the order. This confirmation sets out the essential sales information on a durable medium.

The Customer is responsible for the accuracy of the billing and delivery details provided. Any error must be reported as soon as possible to commande@kvr.pro. Additional costs actually incurred as a direct result of incorrect or incomplete information may be charged to the Customer.

K.V.R. reserves the right to refuse or cancel an order for a legitimate reason, including a previous payment incident, suspected fraud, an unusual order or a request clearly incompatible with a non-professional purchase.

VII – Prices

The applicable prices are those displayed on the Website when the order is validated. They are expressed in euros, inclusive of all taxes, at the VAT rate applicable on the date of the order.

Unless otherwise stated, prices include packaging but exclude delivery charges. These charges are displayed before final validation of the order. Any change in the VAT rate is passed on in accordance with applicable regulations.

VIII – Payment terms

The price is payable in full when the order is placed. All orders are payable immediately and in euros.

The Customer pays for the order using the payment methods offered on the Website. Online payments are processed by the secure payment provider identified during the order, in accordance with the security protocols it implements.

The order cannot be dispatched until the price and delivery charges have been paid in full. K.V.R. may suspend or cancel any order in the event of refusal of payment authorization, non-payment or a payment incident.

IX – Delivery area, times and charges

Online sales are reserved for delivery addresses located in metropolitan France and Monaco, unless another destination is expressly offered during the order.

The applicable delivery period or date is indicated to the Customer before the order is validated. The usual delivery period is two to three working days from order validation, subject to product availability. If no period is indicated, delivery takes place without undue delay and no later than seven days after the contract is concluded.

For orders confirmed from Monday to Thursday, excluding public holidays, dispatch may take place the same day or the following day, subject to available stock. Orders confirmed from Friday to Sunday are normally dispatched on the next working day, subject to the same reservations.

Delivery charges are calculated automatically and displayed before final validation. Delivery is free in metropolitan France for orders over €120 including tax, after any promotional discounts have been applied.

X – Delivery terms

Deliveries are made in metropolitan France and Monaco by Chronofresh or any other refrigerated carrier indicated to the Customer.

The Customer must provide all information necessary for normal delivery: recipient’s name, full address, access code, floor, landline and mobile telephone number, preferably, and any useful instructions. Deliveries to post office boxes are not accepted.

The Customer or recipient must check, where possible in the presence of the delivery driver, the apparent condition of the parcel and the number of parcels delivered. In the event of damage, missing items or an obvious irregularity, the Customer is advised to refuse the parcel or make precise reservations on the delivery note and immediately inform K.V.R. at commande@kvr.pro. Failure to make reservations does not deprive the Customer of statutory guarantees.

K.V.R. is fully liable for the proper performance of the order until the products are physically taken into possession by the Customer or by a third party designated by the Customer, other than a carrier proposed by K.V.R., subject to the statutory grounds for exemption.

In the event of absence, the Customer must follow the carrier’s instructions without delay. Given the perishable nature of the products, any new delivery attempt or collection must take place within the period communicated by the carrier and, where possible, within twenty-four working hours. K.V.R. cannot be held liable for deterioration directly caused by the recipient’s absence, late collection or delivery information that is incorrect or incomplete and attributable to the Customer.

If the announced delivery period is exceeded, the Customer may give K.V.R. formal notice to deliver within a reasonable additional period, then terminate the contract if delivery does not take place within that period. Where the delivery date is an essential condition of the contract and K.V.R. was informed of this before the order, the Customer may terminate the contract immediately under the statutory conditions. Amounts paid will then be refunded no later than fourteen days after termination.

XI – Right of withdrawal and perishable products

Exclusion for caviar and perishable foodstuffs. Under Article L. 221-28, 4° of the French Consumer Code, the right of withdrawal cannot be exercised for goods likely to deteriorate or expire rapidly. Consequently, orders for caviar and any gift box containing caviar are not subject to the fourteen-day withdrawal period. The right of withdrawal is also excluded for products unsealed after delivery that cannot be returned for reasons of hygiene or health protection.

Non-perishable products. For non-perishable products to which no statutory exclusion applies, including accessories, the consumer Customer has fourteen days from receipt of the product to notify their decision to withdraw, without having to give reasons.

The decision may be sent by post to K.V.R. – 4 place du Château – 93390 Clichy-sous-Bois – France, or by email to commande@kvr.pro, using the form attached or any unambiguous statement.

The Customer must return the product to the same address at their expense no later than fourteen days after notifying their decision. The product must be returned complete and properly protected. The Customer is liable only for depreciation resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product.

K.V.R. refunds the sums paid, including standard delivery charges, without undue delay and no later than fourteen days from the date on which it is informed of the decision to withdraw. K.V.R. may defer the refund until the product has been recovered or until proof of dispatch has been received, whichever occurs first. The refund is made using the same means of payment, unless expressly agreed otherwise and at no cost to the Customer.

XII – Statutory warranties

The products sold benefit from the statutory warranty of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code and the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Clarification applicable to perishable products. The two-year statutory period mentioned above is not a storage period and does not extend the use-by date shown on the packaging. Caviar conformity is assessed in view of its perishable nature, its use-by date and continuous compliance with storage conditions between 0 °C and +4 °C. Normal deterioration after the use-by date, or resulting from a break in the cold chain attributable to the Customer, does not constitute a lack of conformity. Any irregularity must be reported as soon as it is noticed and, where possible, before consumption and before the use-by date expires, without prejudice to the Customer’s statutory rights.

Any claim under the statutory warranties must be sent to K.V.R., 4 place du Château, 93390 Clichy-sous-Bois, or to commande@kvr.pro, together with information identifying the order and assessing the alleged defect. The perishable nature of certain products requires any irregularity to be reported as soon as possible, without this recommendation reducing the Customer’s statutory rights.

XIII – Liability and force majeure

K.V.R. is fully liable for the proper performance of the obligations arising from the distance contract. It may be exempted from all or part of its liability by proving that the failure or improper performance is attributable to the Customer, to an unforeseeable and unavoidable act of a third party to the contract or to a force majeure event under French law and case law.

K.V.R. cannot be held liable for damage resulting from use of the Website inconsistent with its purpose or from a malfunction outside its systems that it could not reasonably have prevented, without prejudice to mandatory statutory provisions applicable to consumers.

XIV – Intellectual property

The trademarks, logos, texts, photographs, illustrations, graphic elements, videos, sounds, software and, more generally, all elements accessible on the Website are protected by applicable intellectual property rights. They belong to their respective owners and are used by K.V.R. with the necessary authorizations.

Any reproduction, representation, exploitation, adaptation or distribution, in whole or in part, of an element of the Website is prohibited without the prior written authorization of the relevant rights holder. Any hyperlink to the Website requires K.V.R.’s prior written agreement, unless otherwise provided by law.

XV – Personal data

K.V.R. acts as data controller for the personal data required to manage customer accounts, orders, payments, delivery, complaints, after-sales service, fraud prevention and, where the Customer has consented, commercial communications.

Data is processed on appropriate legal grounds, including performance of the contract, compliance with legal obligations, K.V.R.’s legitimate interest or the Customer’s consent. It may be transferred, within the scope of their duties, to payment providers, carriers, hosting providers and technical service providers, as well as legally authorized authorities. Data is retained for the periods necessary for the purposes pursued and K.V.R.’s legal obligations.

Under Regulation (EU) 2016/679 and the amended French Data Protection Act, the Customer has, subject to applicable conditions, rights of access, rectification, erasure, restriction, objection and portability, as well as the right to withdraw consent at any time. Rights may be exercised with K.V.R. at commande@kvr.pro or by post at the registered office. The Customer may also lodge a complaint with the CNIL.

For more information, the Customer may consult the Website privacy policy.

Under Article L. 223-2 of the French Consumer Code, the Customer may register free of charge on the Bloctel telephone canvassing opt-out list at www.bloctel.gouv.fr.

XVI – Evidence and archiving

The computerized records kept by K.V.R. and its service providers under reasonable security conditions constitute evidence of communications, orders, payments and transactions between the parties, without preventing the Customer from providing contrary evidence by any legally admissible means.

Where an electronically concluded contract concerns an amount equal to or greater than €120, K.V.R. retains it for ten years under the conditions provided for by Articles L. 213-1, D. 213-1 and D. 213-2 of the French Consumer Code. The Customer may request access at commande@kvr.pro.

XVII – Applicable law and competent jurisdiction

These general terms and conditions of sale and contracts concluded on the Website are governed by French law, subject to any mandatory provisions offering greater protection that may apply to the consumer Customer.

In the event of a dispute, the Customer is invited to first send a written complaint to K.V.R. at commande@kvr.pro. Failing an amicable agreement or mediation, the dispute may be brought before any court with jurisdiction under the rules of civil procedure. The consumer may in particular refer the matter to the court of their domicile under the conditions provided by law.

XVIII – Newsletter

When subscribing to the newsletter, K.V.R. collects the information required to send the requested communications, including surname, first name and email address. Registration is based on the consent of the person concerned, who may withdraw it at any time by clicking the unsubscribe link in each message or by writing to commande@kvr.pro.

XIX – Consumer mediation

Under Articles L. 612-1 et seq. of the French Consumer Code, the consumer Customer may use the free services of a consumer mediator to seek an amicable solution to a dispute with K.V.R., after submitting a written complaint to customer service and subject to the applicable admissibility conditions.

The mediator designated by K.V.R. is the Centre de Médiation et d’Arbitrage de Paris (CMAP), 39 avenue Franklin D. Roosevelt, 75008 Paris, France – telephone: +33 (0)1 44 95 11 40.

The request may be submitted using the CMAP referral form. Mediation remains optional and does not deprive the Customer of the right to refer the matter to the competent court.