General Terms and Conditions of Sale
General Terms and Conditions of Sale
1 - DEFINITIONS
Whenever used within the scope of these General Terms and Conditions of Sale, in plural or singular, the following terms shall have the following meanings:
The "GTC": these General Terms and Conditions of Sale. The "Client": any adult natural person (or a minor with authorization from their legal representative), non-professional, placing an order for Products on the Website. The "Products": products offered for sale on the Website. The "Website": the site accessible at the following address: https://sturia.com/ The "Seller": STURGEON, a Civil Agricultural Exploitation Company, with a share capital of 1,000,000 euros, registered with the RCS of SAINTES under number 401 692 801, whose registered office is located at 102, route de Beauval, CS 60007 Saint Sulpice and Cameyrac, 33452 Saint Loubes Cedex.
2 - SCOPE
These GTC define the rights and obligations of the Seller and its Clients wishing to purchase the Products offered for sale on the Website and exclusively govern the sales concluded between the Seller and its Clients via the Website.
They are accessible on the Website and shall prevail, if necessary, over any other version or any other contradictory document.
By placing an order on the Website, the Client thus declares that they have fully read and accepted them without reservation.
The Seller reserves the right to modify the GTC at any time. In the event of a modification, the applicable conditions are those in force on the Website on the date of placing the order by the Client. They are valid for the duration necessary for the supply of the Products, until the expiry of their warranties.
3 - PRODUCTS
• Characteristics of the Products
The Seller presents the Products and their detailed description on the Website in order to allow the Client to know their essential characteristics. The Client is required to be aware of this information before placing any order.
Caviar is a product that can deteriorate quickly due to its nature. The ideal storage temperature is between -2 and +2°C. Fresh products must be stored in the refrigerator, while dry products will be stored in a cool, dry place. The product must be consumed within the limit of the date indicated on the packaging.
The descriptions and visuals presented on the Website are not contractual and cannot engage the responsibility of the Seller.
• Availability of Stocks
The Products are offered and delivered within the limits of available stocks.
The Product catalog may evolve at any time.
In case of unavailability of a Product, the Client is informed:
- either, at the time of placing the order: a message appears indicating that the desired Product is temporarily unavailable;
- or, following validation of the order and before delivery, by email or phone.
It will then be possible to cancel the order or replace the said product. In addition to the refund of the price of the unavailable Product, no compensation is charged to the Seller.
4 - PRICES
The sale prices of the Products are those indicated on the Website on the date of placing the order.
The Seller reserves the right to modify the prices of the Products at any time without notice.
Prices are expressed in euros and include value-added tax (VAT). Any change in the applicable VAT rate will automatically be reflected in the price of the Products.
The prices indicated do not include shipping costs, which will be invoiced in addition to the sale price of the Products.
Shipping costs amount to 18€ including VAT (refrigerated transport via Chronofresh, in Metropolitan France), unless free shipping is potentially applicable based on the total amount of the order.
The total price indicated in the order summary is the final price. This price includes the total price of the order including VAT, with the details of each Product, and shipping costs.
The price also takes into account any applicable discounts on the date of placing the order. The Client is responsible for verifying the validity date of the offer and the conditions for applying the offer. Discount codes cannot be combined.
The validation of the order through payment constitutes acceptance of the VAT-inclusive price of the Products.
The full payment of the price must be made at the time of the order. The amounts paid cannot be considered as a deposit.
5 - ORDERS
The Client selects the Products and the quantity they wish to order on the Website.
The Client can at any time, as long as it has not been validated, check the details of their order, the total price, add new Products, delete selected Products, or modify quantities.
Once the selection of Products is complete, the Client can order them by validating the cart.
The Client is then invited to identify themselves, create an account, or provide their email address, name, delivery postal address, delivery method, and means of payment.
The Client undertakes to provide true and sincere information and to inform the Seller of any changes concerning this information.
This information is necessary for order management and for the commercial relationship between the Seller and the Client. The Client who does not provide all this information waives the creation of their account and/or the purchase of the Products.
The Seller is not responsible for input errors and the consequences thereof (delay and/or delivery error). In this context, the costs incurred for reshipping the order will be borne by the Client.
The Client must then proceed to pay for their order under the conditions described in these GTC.
The payment of the order by the Client formalizes the remote sales contract concluded with the Seller in a firm and definitive manner.
The Seller confirms the order by sending an email to the Client.
Once the order is confirmed and its payment validated, the order is considered final, unless the Client exercises their right of withdrawal under the conditions of the "Right of withdrawal" article of these GTC.
In any case, the Seller reserves the right to refuse any order or delivery for legitimate reasons, especially in the following cases:
- abnormal, incomplete, or incorrect request;
- communication by the Client of clearly erroneous data;
- refusal of authorization by the Client's financial organization or bank opposition;
- incorrect indication of available stocks;
- in case of existing or previous dispute with the Client.
6 - PAYMENT
The Client acknowledges that placing an order involves payment thereof.
The amount of the order is debited once the order is validated.
Payment is made only at the time of the order, online, by credit card (CB, Visa, Eurocard-Mastercard).
The Client is then automatically redirected to the payment service provider's monetic server. The payment service provider's server is secured by SSL encryption (Secure Socket Layer) in order to protect payment-related data as effectively as possible, and the Client's banking data will not be transmitted to the Seller's computer system at any time.
Payment will be considered final only after the sums due have been collected by the Seller.
7 - DELIVERY
• Delivery Methods
The Seller reserves the right to choose the carrier and undertakes to deliver the Client to the delivery address indicated on the order form.
The corresponding Products are shipped and delivered within the time indicated when the order is placed, starting from the confirmation of receipt of payment.
The Seller will make its best efforts to ensure that the Products are delivered within the above-mentioned time frame, however, it is specified that this timeframe is communicated for information purposes and that the Seller will not be responsible in the event of events beyond its control (weather conditions, health conditions, demonstrations, strikes, carrier failure, etc.).
Deliveries are made by the transport partner from Tuesday to Friday only. No delivery will be made on Mondays, Saturdays, and Sundays, as well as on public holidays and the day after public holidays.
Delivery is considered to be completed when the carrier hands over the Products to the Customer or the third party designated by the Customer.
In case of absence, the Seller reserves the right to either make a new delivery the following morning with a notice from the carrier or to return the package directly to the place of dispatch. For quality reasons, only the Seller is authorized to make this decision.
Refusal or non-retrieval of the package by the Customer cannot be considered as a delay or absence of delivery. It may be considered a fault and therefore result in processing fees (for example: return merchandise fees).
• Reception
It is the Customer's responsibility to check, at the time of delivery and in the presence of the delivery person, that their order has not been damaged.
For this purpose, the Customer must examine the condition of the delivered items.
In the event that Products are damaged or missing, the Customer must refuse the delivery, make any necessary reservations on the delivery note, and immediately inform the Seller so that the necessary actions can be taken with the carrier.
The Seller will decide on the solution to implement in order to satisfy the Customer.
After receiving the items, it is important, for fresh products, to immediately place them in the refrigerator (at the top, in the back of your refrigerator – not in the door of the refrigerator, which is subject to temperature variations upon opening).
Any reservations or claims related to a defect or apparent flaw in the delivered Products, inaccuracy in quantities or references, must be transmitted to the Seller by email at the following address caviar-sturia@kaviar.com, within 48 hours of receiving the package. Beyond this period and in the absence of such a claim, the Products will be deemed compliant and free from any apparent flaw. However, the absence of reservations expressed by the Customer upon receipt of the Products does not exempt the Seller from the legal guarantees described below.
8 - OWNERSHIP RESERVE
The Products remain the property of the Seller until full payment of the price by the Customer, including shipping costs. Otherwise, the Products may be claimed by the Seller.
9 - RIGHT OF WITH DRAWAL
For objects, utensils, and long-lasting dry products, the Customer, in accordance with the provisions of Article L.221-18 of the Consumer Code, has a period of fourteen days from the receipt of their order to exercise their right of withdrawal, without giving any reason.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party designated by the Customer other than the carrier, physically takes possession of the product(s) included in their order.
To exercise this right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement (for example, by letter sent by post to the address (STURGEON - 102 route de Beauval - 33452 Saint-Loubes Cedex, or by email to caviar-sturia@kaviar.com) before the expiry of the aforementioned withdrawal period. The Customer may use the pre-filled form accessible by clicking on this link for this purpose, but it is not obligatory.
The product(s) must be returned to the Seller no later than fourteen days after the communication of the decision to withdraw, in their original packaging, unopened, complete (accessories, instructions, etc.), in perfect condition allowing them to be resold as new, accompanied by the purchase invoice, to the following address: STURGEON - 102 route de Beauval - CS 60007 - Saint-Sulpice-et-Cameyrac - 33452 Saint-Loubes Cedex.
The cost of returning the product(s) is borne by the Customer.
In the event of exercise of the right of withdrawal under the aforementioned conditions and deadlines, the Seller will refund all payments received from the Customer, including delivery costs (excluding any additional costs arising from the fact that the Customer chose a delivery method other than the standard method offered), without undue delay, and in any case no later than fourteen days from the day on which the Seller is informed of the withdrawal decision.
However, the Seller reserves the right to defer this refund until receipt of the product(s) or until receipt of proof of dispatch of the product(s).
If applicable, the Seller will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means of payment that does not incur any fees.
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal does not apply, and the Customer cannot exercise this right of withdrawal, for fresh products requiring constant controlled temperature maintenance, such as caviar and other preparations based on fish or fish eggs.
10 - LEGAL GUARANTEES
The company STURGEON, located at 102, route de Beauval, CS 60007 Saint Sulpice et Cameyrac, 33452 Saint-Loubes, guarantees the conformity of the Products to the contract.
The Products offered on the Site benefit from the legal conformity guarantee provided for in Articles L.217-3 and following of the Consumer Code, as well as the guarantee of defects in the thing sold provided for in Articles 1604 and following of the Civil Code. These different guarantees of conformity and hidden defects may entitle the Customer, among other remedies, to return non-compliant or defective products and to receive a refund.
• Legal Conformity Guarantee
Under the legal conformity guarantee, the Customer can choose between repair or replacement of the Product or, failing that, is entitled to a reduction in price or contract resolution under the legal conditions.
• Legal Guarantee Against Hidden Defects
The Customer can enforce the guarantee against hidden defects of the thing sold in accordance with Article 1641 of the Civil Code; in this case, the Customer can choose between canceling the sale or reducing the sale price.
• Enforcement of Legal Conformity Guarantee or Guarantee of Hidden Defects
To benefit from the legal conformity guarantee or the guarantee of hidden defects for a Product sold by the Seller on the Site, the Customer must make their request by email to the address caviar-sturia@kaviar.com.
Upon receipt of this request, the Seller will inform the Customer of the practical return procedures for the Products.
The Products must be returned to the Seller in the condition in which the Customer received them, with all the elements accompanying the order, in packaging suitable for transportation in good conditions.
• Exclusion of Warranty
Any warranty is excluded in case of misuse, improper storage, failure to comply with storage conditions, negligence, or lack of maintenance by the customer, as well as in cases of normal wear and tear, accidents, or force majeure.
The presentation of the original invoice will be required to benefit from the warranty.
The Seller does not provide any commercial warranty within the meaning of Article L. 217-21 of the Consumer Code.
In accordance with Article D.211-2 of the Consumer Code, it is furthermore specified:
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The consumer has a period of two years from the delivery of the goods to request the implementation of the legal guarantee of conformity in case of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not its date of occurrence. When the sales contract for the goods provides for the continuous supply of digital content or digital services for a duration exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service, and not its date of occurrence. The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all necessary updates to maintain the conformity of the goods. The legal guarantee of conformity grants the consumer the right to repair or replace the goods within a period of thirty days following their request, without any cost or major inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the goods, 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 can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:
The consumer also has the right to a reduction in the price of the goods or to terminate the contract when the conformity defect is so serious that it justifies an immediate price reduction or contract termination. In this case, the consumer is not required to request the repair or replacement of the goods beforehand. The consumer does not have the right to terminate the sale if the conformity defect is minor. Any period of immobilization of the goods for repair or replacement suspends the warranty that was still running until the delivery of the restored goods. The aforementioned rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to a maximum of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty for hidden defects provided in Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods. |
11 – PARTIAL NULLITY
If one or more provisions of these Terms and Conditions (CGV) are deemed invalid or declared as such in accordance with a law, regulation, or a definitive decision by a competent court, the other provisions shall remain in full force and effect.
12 - PERSONAL DATA PROTECTION
During navigation on the Site and more generally throughout the customer journey, or during customer contact with the Seller, the Seller may collect, and more generally process, the Client's personal data.
The Client acknowledges having read the Privacy and Cookies Policy, which includes the potential uses by the Seller of the collected personal data.
In accordance with the General Data Protection Regulation No. 2016/679 and Law No. 78-17 of January 6, 1978, as amended (Data Protection Act), the Client has the right to access, rectify, erase, object to, limit the processing, and portability of their data.
The Client can exercise these rights by submitting a request:
- via the contact form on the Site,
- by email at the address caviar-sturia@kaviar.com; or
- by mail to 102, route de Beauval, CS 60007 Saint Sulpice et Cameyrac, 33452 Saint Loubes Cedex.
The Client has the right to lodge a complaint with a supervisory authority, especially the National Commission for Data Protection and Liberties (CNIL), if they consider that the processing of their personal data constitutes a breach of the General Data Protection Regulation and the Data Protection Act.
13 - APPLICABLE LAW AND DISPUTE RESOLUTION
These CGV and the transactions arising from them between the Seller and the Client are governed by and subject to French law.
For any inquiries, questions, communications, or complaints related to an order, please contact our Customer Service by email at the following address: caviar-sturia@kaviar.com.
Monday to Friday from 8:30 AM to 5:00 PM.
In the event of a dispute, the Client and the Seller will seek an amicable solution before resorting to legal action.
In case of failure of the amicable process or in parallel to it, the Client and the Seller agree that any difficulty related to an order placed on the Site shall fall within the jurisdiction of the competent court under the Civil Procedure Code.
In any case, the Client is informed that they can resort to conventional mediation, notably with the National Association of Mediators (ANM), of which the Seller is a member in accordance with the provisions of the Consumer Code, and whose contact details are as follows: NATIONAL ASSOCIATION OF MEDIATORS, 2 rue de Colmar, 94300 Vincennes, www.anm-conso.com.
The European Online Dispute Resolution (ODR) platform is accessible via the following link: https://ec.europa.eu/consumers/odr/.
