General terms and conditions of sale

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1. Presentation of the website 

 

1.1 This website, www.petrossian.fr/ch_en/ and the secondary pages (hereafter the "Website"), are published by the company CAVIAR PETROSSIAN (hereafter "CAVIAR PETROSSIAN"), having its registered office at 18, boulevard de la Tour-Maubourg - 75007 Paris, SIREN registration number 652 050 329.

Tel: +33 (0)1 44 89 67 53

E-mail: clients@petrossian.fr

 

1.2 The seller is the company TZAR OCEAN SA, having its registered office at Route des Iles 88 – 1897 Bouveret, Switzerland, registered under company number CH-261.223.576 (hereafter the “Seller”). 

Tel: +41 79 603 47 94

Email: contact@petrossian.ch

 

 

2. Applicability and enforceability of these general terms and conditions of sale for the customer

 

2.1 All orders placed via the Website 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, are 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 hereby confirms that their delivery address is located in Switzerland.

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.

 

2.4 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, stock and promotional offers

 

3.1 The product presentation does not constitute a legally binding offer but simply represents an invitation to the Customer to provide offers to enter into a purchase agreement. The products are ordered, and the purchase agreement is entered into as described in article 5.

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 the provisions of the Federal Act on Foodstuffs and Utility Articles (Foodstuffs Act, FSA).

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.

If, through no fault of the Seller, the product that the Customer has ordered is not available because the Product has not been delivered by its trusted supplier, despite the Seller having made an identical order, the Seller shall inform the Customer immediately in the order confirmation. The Seller shall then be released from its obligation to provide the service and may cancel the agreement. If the Customer has already made payment, the Seller shall refund this to the Customer without delay. With the consent of the Customer, instead of cancelling the agreement, delivery of an alternative product suggested by the Seller is also possible.

Subject to delivery by its own supplier, the Seller shall ensure that the goods are delivered quickly. If, through no fault of the Seller, part of the order cannot be delivered immediately because the Seller has not received the goods from its trusted supplier, and despite the Seller making the necessary order, it shall deliver the remaining goods at a later date without re-billing for shipping costs, as long as this is acceptable for the Customer. With the consent of the Customer, delivery of an alternative product suggested by the Seller is also possible.

 

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 included for sale on the Website, the stated prices are in Swiss Francs (Fr.) inclusive of all taxes (including VAT, if applicable) and other price components, and excluding the delivery and transport costs notified prior to confirming the order, and before acceptance of the T&Cs, which will be subject to an additional charge.

 

The total amount due from the Customer will be stated on the order confirmation page.

 

The Seller reserves the right to modify its prices at any time, while guaranteeing that the current price on the day of the order will remain applicable.

 

The price is payable in full after confirmation of the order.

 

4.2 Payment shall be made immediately upon ordering directly on the Website, securely by bank card through the secure payment platform “ADYEN”:

 

ADYEN N.V. is a Dutch company registered in the Register of the Dutch Chamber of Commerce under number 34259528, having its registered office at Simon Carmiggeltstraat 6-50, 1011, Amsterdam, The Netherlands.

 

You can obtain further information on this service by clicking on the following link: www.adyen.com

 

In accordance with the standards in force concerning payment services, the details provided by the Customer and sent to ADYEN cannot be intercepted by a third party. The information entered concerning the Customer is encrypted and will not be circulated openly over the internet.

 

4.3 The Seller shall only prepare the order when the Customer’s bank, via ADYEN, has approved the payment.  Should the bank refuse payment, the order will be automatically cancelled and the client duly notified.

For payments by bank transfer, the order will be validated only after a period of ten days following receipt of the funds.

 

 

5. Formation of the sales agreement

 

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.

The Customer must then provide information about delivery, invoicing and the mode 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  the Seller without undue delay.

 

 

6. Delivery – lead times

 

6.1 Delivery shall be carried out by the Seller in Switzerland.

 

  • The website www.petrossian.com must be used for delivery destinations in the USA and Canada. Deliveries shall be made from this website.
  • The website www.petrossian.fr/uk_en/ must be used for delivery destinations in the United Kingdom, Northern Ireland and Scotland. Deliveries shall be made from this website.
  • The website www.petrossian.fr/be_fr/ must be used for delivery destinations in the Benelux (Belgium, Luxembourg and Holland). Deliveries shall be made from this website.
  • The website www.petrossian.fr must be used for delivery destinations in mainland France (including Corsica), Monaco and countries of the European Union not mentioned above. Deliveries shall be made from this website.
  • The Customer must contact the Seller for delivery destinations outside the aforementioned countries, 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 method is the responsibility of the Seller.

For purely indicative purposes, delivery is carried out by UPS for Switzerland.

For further information on shipping costs, please click here.

 

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.

 

The Seller’s service consists in the obligation to deliver and ends with the transfer to the carrier. After shipping, the risk of accidental deterioration and destruction of the goods shall pass to the Customer. The Seller does not have to address the faults of the appointed transport company.

 

6.4. Delivery shall be made on the date selected by the Customer when placing the order (a lead time of 24 to 48 hours will be possible). If the ordered products have not been delivered within fifteen (15) days of the delivery date selected when placing the order, and for any other cause with the exception of force majeure or the actions of the Customer, the sale may be cancelled on written request from the Customer sent to the Seller’s registered office.. The money paid by the Customer will then be returned within fourteen (14) days of the contract cancellation date, save for any compensation or retention.

 

6.5 Where 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 quantities, to write their reservations on the delivery note, or to refuse the product and notify the Seller.

 

 

7. Legal guarantee of conformity / Guarantee against hidden defects

 

7.1 Within the context of the normal course of operations, the Customer is required to check the delivered products and to inform the Seller immediately of any defects identified. If the Customer fails to do this, the products shall be deemed to have been accepted. Acceptance is given in all cases if the Customer does not make a claim within eight (8) days of delivery by notifying the Seller in writing.

 

Defects that could not be identified at the time of checking in proper and due form according to the previous paragraph must be communicated by mail to the Seller as soon as they are discovered. Otherwise, the products ordered shall be deemed to have been accepted, even in view of these defects.

 

The Seller shall make good the guarantee, eliminating the defects by delivering a compliant product (delivering a replacement). The products returned by Customers shall again be the property of the Seller.

 

If elimination of the defects fails, the Customer has the right to cancel the agreement. This is not the case if the defect is minor. The Customer does not have the right to reduce the price. This exemption from liability also extends to all claims that compete with guarantee rights, whether resulting from the agreement (Art. 97 et seq. of the Swiss Code of Obligations “CO”), an offence (Art. 41 et seq. of the CO), a contractual dispute for error (Art. 23 et seq. of the CO) etc.

 

7.2 The Seller 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, the Seller shall issue a reimbursement if the quality of the products in question has been compromised. In such a case, the Customer must immediately return the package to the Seller for verification purposes.

However, the Seller cannot guarantee that the products will meet the particular taste preferences of any person consuming the products.

 

7.3 In order to benefit from the guarantees mentioned in article 7.1 of the T&Cs, the Customer undertakes to:

  • Store canned products in a cool and dry place:
  • Store perishable or semi-preserved products in the fridge upon receipt, at a temperature of between 0°C et +4°C.

 

7.4 No return or replacement will be accepted after expiry of the expiration date stated on the product.

 

 

8. Liability

 

The Seller remains liable for rights resulting from damage caused by it, by its legal representatives or agents:

  • in the event of fatal or bodily injury or damage to health
  • in the event of the intentional or grossly negligent breach of obligations
  • in the event of a promise to guarantee, if so agreed

if this falls within the field of application of the Product Liability Act.

 

With the exception of the cases of mandatory liability mentioned above (fatal or bodily injury, damage to health etc.), all liability is excluded, as opposed to the former paragraph.

Liability for ancillary products is entirely excluded.


 

 

9. Intellectual property

 

9.1 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.

 

9.2 Accordingly, and unless prior written authorisation is obtained from the Seller, 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.

 

9.3 Any non-compliance with this prohibition may constitute an act of infringement invoking the civil and criminal liability of the perpetrator. Finally, the Seller 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 the Seller.

 

 

 

10. Personal data protection policy

 

For further information on the personal data protection policy of TZAR OCEAN SA, please click on the following link.

 

 

 

11. Applicable law and competent courts

 

11.1 Unless otherwise agreed in writing, these T&Cs and any agreement entered into in virtue of these are governed by Swiss law, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.

 

11.2 The parties agree to come together to find an amicable solution should any dispute arise between them. For any dispute resulting from or related to these T&Cs, the place of jurisdiction shall be Monthey 2 Ville, Switzerland. The legally competent jurisdictions are reserved.

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