General terms and conditions of sale
1. Presentation of the website
This website, www.petrossian.fr (hereafter the "Website"), is published by the company CAVIAR PETROSSIAN (hereafter "CAVIAR PETROSSIAN"), having its registered office at 18, boulevard de la Tour-Maubourg - 75007 Paris, SIREN registration umber 652 050 329.
Tel: 09 70 70 59 11
E-mail: contact@petrossian.fr
2. Applicability and enforceability of these general terms and conditions of sale for the customer
2.1. All orders placed via the Website are distance selling contracts governed by articles L.221-1 to L.221-29 of the French Consumer Code and are subject to these general terms and conditions of sale (hereafter the "T&Cs").
2.2. The customer hereby declares that they are a natural person, of at least 18 years of age and have the legal capacity or have parental authorisation to place orders on the Website (hereafter the "Customer").
The Customer declares to be acting for their own personal use and shall refrain from reselling the products, whether in part or in whole.
2.3. The T&Cs are enforceable against the Customer who, by ticking the box provided for this purpose, acknowledges to have read, understood and accepted the T&Cs before placing any order.
The T&Cs that are applicable and enforceable for the Customer shall be those in force at the time the Customer confirms their order as recorded by the Website.
3. Products
3.1. Each product offered on the Website is accompanied by descriptive text and one or more photos enabling the Customer to understand the essential characteristics of the product before confirming the order, in accordance with Article L.111-1 of the French Consumer Code.
Without being exhaustive, this information is intended to inform the Customer in as complete a manner as possible of the essential characteristics of the products.
Mainly incorporating the information on the packages that may be modified by the producer or supplier at any time, sometimes without notice, this information may be subject to minimal variations and must not therefore replace the information featuring on the product packaging, which alone shall have legal force, to which the Customer is invited to refer, notably in the event of any food intolerance.
The photos illustrating the products do not constitute a contractual document.
3.2. The products comply with applicable regulations relating to personal health and safety, to fair business practices and to consumer protection once they have been made available for sale.
3.3. The products are offered and delivered subject to availability of stocks.
In the event of the product being unavailable, the Customer shall be notified by e-mail. A replacement product will be offered or the Customer will be reimbursed and the order cancelled.
No cancellation compensation may be requested over and above full reimbursement of the order amount.
3.4. Promotional offers on the Website are valid for as long as they remain online.
3.5. As the Customer is a person of adult age, the sale of alcoholic products is authorised.
4. Selling price and payment
4.1. For each of the products on sale on the Website, the stated prices are in euros inclusive of all taxes and excluding the delivery and transport costs notified prior to confirming the order, which will be subject to an additional charge.
The total amount due from the Customer will be stated on the order confirmation page.
CAVIAR PETROSSIAN reserves the right to modify prices at any time, while guaranteeing to the Customer that the price applicable at the time of order will be applied.
The price shall become payable in full after confirming the order.
4.2. Payment shall take place immediately upon your submission of the order directly on the Website, via Adyen.
Adyen N.V. is a dutch company registered at the Dutch Chamber of Commerce under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
The Customer may consult the following website should they require any further information: https://www.adyen.com.
4.3. CAVIAR PETROSSIAN will only prepare the order once the Customer’s bank has approved the payment via Adyen. Should the bank refuse payment, the order will be automatically cancelled and the Customer duly notified.
5. Order creation process
5.1. To place an order, after having filled their virtual basket by adding the selected products and quantities, the Customer must click on the "Proceed to checkout" button.
Before clicking on the "Place order" button, the Customer is able to check the details and total price of their order and return to previous pages to correct any errors or to modify the order.
The Customer must then provide a valid e-mail address plus their surname, first name and telephone number, and select a password in order to create their customer account.
We wish to inform our clients that they can register, at no charge, on the list against cold calling which is available on the website www.bloctel.gouv.fr (Article L. 223-2 of the French Customer Code).
The Customer must then provide information about delivery, invoicing and the methode of payment.
5.2. Confirmation of the order via payment constitutes acceptance of the T&Cs and forms the contract.
An e-mail confirming receipt and payment of the order will be sent by CAVIAR PETROSSIAN without undue delay.
6. Delivery – lead times
6.1. Delivery can be carried out in mainland France (including Corsica), Monaco and the countries of the European Union. For other destinations:
- The website www.petrossian.com must be used for delivery destinations in the USA and Canada.
- The website www.petrossian.fr/uk_en/ must be used for delivery destinations in the UK.
- The website www.petrossian.fr/be_fr/ must be used for delivery in Belgium.
- The website www.petrossian.fr/ch_en/ must be used for delivery in Switzerland.
- The Customer must contact CAVIAR PETROSSIAN for delivery destinations outside France, the United Kingdom, the European Union, the USA and Canada, because some countries apply special customs regulations or because of commercial representation agreements that may exist in certain regions.
6.2. Selection of the routing and delivery mode is the responsibility of the Seller. For purely indicative purposes, delivery is carried out by:
- Chronofresh in mainland France and Monaco;
- Chronopost in Corsica;
- UPS for other countries of the European Union.
6.3. Delivery will be made to the address stated by the Customer, who undertakes to provide the Seller with an address where delivery may be made during working hours (Mondays to Fridays).
In the event of no-one being at the address provided, a notice will be placed in the Customer’s letter box to enable a second visit to be arranged with the carrier.
Under no circumstances may CAVIAR PETROSSIAN be held responsible for any deterioration in product quality due to the late receipt of a package caused by the absence of the Customer or of the person delegated to receive it.
6.4. Delivery will be made on the date selected by the Customer when placing the order.
If the ordered Products have not been delivered within fifteen days of the selected delivery date - unless such failure of delivery is due to the Customer’s actions or an event or circumstance beyond our reasonable control – The Customer may request the cancellation of the order in accordance with Articles L. 216-2, L. 216-3 and L. 241-4 of the French Code. The Customer will be refunded within fourteen days of the contract cancellation date, plus any compensation or minus any retention.
6.5. When the product is delivered by the carrier to the address stated on the purchase order, it is the responsibility of the Customer to check the condition of the delivered product in the presence of the carrier and, in the event of any defect or missing items, to write their comments on the delivery note, or to refuse the product and notify CAVIAR PETROSSIAN.
7. Legal guarantee of conformity / Guarantee against hidden defects
7.1. All products supplied by CAVIAR PETROSSIAN enjoy the legal guarantee set out in Article L. 217-4 et seq. and Article L. 411-1 et seq. of the French Consumer Code and the guarantee against hidden defects set out in Article 1641 et seq. of the French Civil Code.
The Customer enjoys a period of two years from receipt of the products ordered to act on the basis of the legal guarantee of conformity. In any such case, the Customer may choose between the repair or replacement of the product, subject to the cost provisions specified in Article L. 217-9 of the French Consumer Code. The Customer is not obliged to provide proof of the existence of the non-conformity of the product during the 24 months following delivery.
If the Customer acts on the basis of the guarantee against hidden defects, they may choose between cancellation of the sale or reduction in the selling price, in accordance with Article 1644 of the French Civil Code.
7.2. CAVIAR PETROSSIAN guarantees that the delivered products are given the most attentive of care prior to being packaged and that delivery is carried out in a manner that will ensure the perfect preservation of the products.
Should the Customer not be fully satisfied with the quality of the delivered products, CAVIAR PETROSSIAN shall issue a reimbursement if the quality of the products in question has been compromised. In this instance, the Customer must immediately return the package to CAVIAR PETROSSIAN for verification purposes.
However, CAVIAR PETROSSIAN cannot guarantee that the products will meet the particular taste preferences of any person consuming the products.
7.3. Canned products must be stored in a cool and dry location.
Perishable or semi-preserved products must be kept in the fridge on receipt at a temperature of between 0°C and +4°C.
7.4. No return or replacement will be accepted after expiry of the expiration date stated on the product.
8. Cooling-off period
8.1. For dry, long-life products: In accordance with Article 221-18 of the French Consumer Code, with effect from delivery the Customer enjoys a period of 14 clear days to return the product in its original packaging, unopened, with seals intact and in perfect condition to obtain an exchange or refund.
The Customer may withdraw from this contract within a 14-day period without providing a reason.
The cooling-off period expires fourteen days after the day on which the Customer, or a third party (other than the carrier) designated by you, takes physical possession of the last item constituting your order.
To exercise the right of withdrawal, the Customer must notify CAVIAR PETROSSIAN (18 boulevard de la Tour-Maubourg – 75007 Paris; e-mail: contact@petrossian.fr) by means of a declaration free of ambiguity (e.g. a letter sent by post, fax or e-mail) prior to the expiry of the cooling-off period. Download our pre-filled withdrawal form by clicking on this link.
In the event of withdrawal, CAVIAR PETROSSIAN will reimburse all payments received from the Customer, including delivery charges (excluding additional costs should the Customer have chosen a mode of delivery other than the least costly standard delivery offered by us) without undue delay and, in all circumstances, within fourteen days of the day on which we were informed of your decision to withdraw from the contract. CAVIAR PETROSSIAN will make the reimbursement via the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method. Regardless of the circumstances, the Customer will not be charged any additional expense for a change in the refund method.
CAVIAR PETROSSIAN reserves the right to defer reimbursement until the returned goods have been received or, at the very least, has received proof of the dispatch of the goods, whereby the reference date shall be the earlier date of the two.
The direct cost of returning the goods shall be exclusively borne by the Customer.
The customer shall only be liable for any deterioration in the value of the goods resulting from handling other than that required to establish the nature, characteristics and proper functioning of the said item.
8.2. For fresh products: in accordance with Article 221-28 of the French Consumer Code, the cooling-off period may not be invoked for products with a short expiration date. Fresh products (requiring storage at a controlled temperature) may be neither returned nor exchanged. This provision notably concerns, but is not restricted to, all caviar, fish eggs and smoked fish.
9. Intellectual property
All visual and sound-based elements (trademarks, text, logos, images, graphics, sound, GIFs, videos, software, icons, formatting, databases, etc.) reproduced on the Website, which are the exclusive property of the publisher, are protected by intellectual property law.
Accordingly, and unless prior written authorisation is obtained from CAVIAR PETROSSIAN, the Customer may not reproduce, represent, adapt, translate, transform in part or in whole or transfer to another website any element of which the Website is composed.
Any non-compliance with this prohibition may constitute an act of infringement invoking the civil and criminal liability of the perpetrator. Finally, CAVIAR PETROSSIAN hereby declares that the creation of any hypertext link to the homepage of the Website or to any other page of the Website requires the express, written and prior authorisation of CAVIAR PETROSSIAN.
10. Personal data protection policy
For further information on the personal data protection policy of CAVIAR PETROSSIAN, please click on the following link: https://www.petrossian.fr/fr_en/personal-data-protection-policy.
11. Dispute resolution – mediation
In the event of any dispute, you should in the first instance contact the company’s customer service Department on 09 70 70 59 11, Monday to Friday between 08:00 and 16:00, excluding public holidays, or by e-mail (contact@petrossian.fr) or by post (CAVIAR PETROSSIAN - 18 boulevard de la Tour-Maubourg - 75007 Paris).
Should your complaint be rejected by the customer service Department or in the event of the department failing to respond within 21 days of receiving your complaint, in accordance with Article L. 612-1 of the French Consumer Code the Customer may refer the dispute with CAVIAR PETROSSIAN to a mediator who, with complete independence and impartiality, will seek to bring the parties together in order to establish an amicable solution.
The Customer may therefore, and at no charge, call on the services of MEDIAVET mediation, with which CAVIAR PETROSSIAN is registered: https://mediavet.net (Convention n° MEDIAVET-DA-23-2825)
The parties to the contract shall remain free to accept or reject recourse to mediation and, where mediation is used, may accept or reject the solution proposed by the mediator.
12. Applicable law
This contract and the T&Cs shall be governed by French law in terms of interpretation and execution.
The parties agree to come together to find an amicable solution should any dispute arise between them. Should it not be possible to establish an amicable solution within thirty (30) days, the dispute may be submitted by the first party to act to the French courts, which alone shall exercise jurisdiction over the said dispute.