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General terms and conditions of sale

 

Please read the following important terms and conditions before you buy anything on our website and check that they do not contain anything that you are not willing to agree to. A summary of your key rights as a consumer is in the box below.

 

 

Summary of your key rights

The information in this summary box summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.

  • The products you order from us must be as described, fit for purpose, and of satisfactory quality.
  • All products supplied by A TOUCH OF CAVIAR through this website come with a two-year warranty against hidden defects in products that you purchase from this website. Further details are set out in section 7 below.
  • For dry, long-life products only, you can in most cases change your mind and obtain a refund up to 14 days after receiving these products, provided that you return to us these products in their original packaging (unopened and still sealed) and in perfect condition. You do not need to provide a reason for changing your mind. This ‘cooling-off’ period expires 14 days after the day on which you take physical possession of the last item constituting your order. This 14-day ‘cooling off’ period does not apply for any fresh or perishable products that you order from us. Fresh products (requiring storage at a controlled temperature, for example all caviar, fish eggs, and smoked fish) may not be returned or exchanged. 

 

 

 

1. Presentation of the website 

 

This website, www.petrossian.fr/uk_en/ (the "Website"), is operated by the company A TOUCH OF CAVIAR LTD, company number 10235446 ("A TOUCH OF CAVIAR" or “we”/“us”), whose registered office is at Unit 9, Rufus Business Centre, London SW18 4RL, United Kingdom. 

 

Our contact details are as follows:

Tel: +44 75 62 79 90 20

E-mail: sales@petrossian.co.uk

 

The editor of this website is the French company CAVIAR PETROSSIAN (the parent company of A TOUCH OF CAVIAR) whose registered office is at 18 Bd de La Tour-Maubourg - 75007 Paris – France. 

SIREN N° 652 050 329

VAT N° : FR 14 652 050 329

Phone : (+33) 144896766

 

 

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

 

2.1. If you place orders via this Website, you will be the “Customer” for the purpose of these terms and conditions (the “T&Cs”) and will be legally bound by the T&Cs. All orders placed via the Website by the Customer are distance-selling contracts between businesses and consumers governed by these T&Cs and Articles L.221-1 to L.221-29 of the French Consumer Code (the “Code”) , which stipulate the information we must provide to Customers, including Customers’ cancellation rights. 

 

2.2. The Customer hereby warrants, represents, and undertakes that they are a natural person, of at least 18 years of age and have the legal capacity to place orders on the Website.

The Customer must use any products ordered from this Website (“Products”) for their own personal use and may not resell any Products, whether in part or in whole, to anyone else.

 

2.3. These 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 on this Website. 

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.

Without being exhaustive, this information on the Website is intended to inform the Customer of the essential characteristics of the Products. This information mainly replicates the information provided to A TOUCH OF CAVIAR by the supplier or producer of the Products, which may be modified from time to time. It does not replace the information featuring on the Product packaging, which alone shall have legal force, notably in the event of any food intolerance. The photos of the Products on the Website are for illustrative purposes only and do not constitute part of our contract with you when you place an order.

 

3.2. We warrant that 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 to you.

 

3.3. The Products are offered and delivered subject to availability of stocks.

In the event of a 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 relevant stated price is in pounds sterling (£) inclusive of all taxes but excluding the delivery and transport costs notified prior to confirming the order, which will be subject to an additional charge as stated on the Website during the order process prior to submission of the order.

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

A TOUCH OF CAVIAR 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. A TOUCH OF CAVIAR 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 the relevant 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.

At no charge, you can register your telephone number on the list against cold calling which is available on the website www.bloctel.gouv.fr.

The Customer must then provide information about delivery, invoicing and the means of payment.

 

5.2. Payment of the confirmed order constitutes acceptance of these T&C and forms the contract between the Customer and A TOUCH OF CAVIAR in regards to this order.

An e-mail confirming receipt and payment of the order will be sent by A TOUCH OF CAVIAR without undue delay.

 

 

6. Delivery – lead times

 

6.1. Products ordered on A TOUCH OF CAVIAR’s website can be delivered to England, Scotland, Wales, and Northern Ireland. 

For other delivery destinations:

    • The website www.petrossian.com must be used for delivery destinations in the USA and Canada.
    • The website www.petrossian.fr must be used for delivery destinations in the European Union (except UK and Belgium). 
    • The website www.petrossian.fr/be_fr/ must be used for delivery in Belgium. 
    • The Customer must contact CAVIAR PETROSSIAN regarding other delivery destinations, because some countries apply special customs regulations or because of commercial representation agreements that may exist in certain regions. 

 

6.2. A TOUCH OF CAVIAR will select the means of delivery and shipment.

For purely indicative purposes, delivery in the United Kingdom is operated by Streetwise or Riverside Despatch.

 

6.3. Delivery will be made to the address stated by the Customer. The Customer must provide an address where delivery may be made during working hours (Mondays to Fridays).

In the event of no-one being available to accept delivery 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 A TOUCH OF CAVIAR 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. We will make every effort to deliver the ordered Products 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 reservations on the delivery note, or to refuse the Product and notify A TOUCH OF CAVIAR.

 

 

7. Legal guarantee of conformity / Guarantee against hidden defects

 

7.1. All Products supplied by A TOUCH OF CAVIAR benefit from the legal guarantee set out in Articles L. 217-4 to L.217-14 and Articles L. 411-1 and L. 411-2 of the Code and the warranty against hidden defects set out in Articles 1641 to 1649 of the French Civil Code. This is a two-year warranty against defects in any Product purchased from this Website, during which time we are presumed responsible for any such defect or non-conformity existing at the time of the relevant Product’s delivery to you (and you will not be required to prove that we are responsible for such defect). If you choose to exercise your rights under this warranty, you may choose between having the relevant Product repaired or replaced (unless the choice results in disproportionate costs for us, taking into account the value of the goods or the nature of the defect, as stipulated by Article L. 217-9 of the Code). You also benefit from our warranty against hidden/latent defects in any Products that make such Products unsuitable for their intended use. If you choose to exercise your rights under this warranty within two years of the defect becoming apparent, you may be entitled either to full or partial refund, in accordance with Article 1644 of the French Civil Code. 

 

7.2. A TOUCH OF CAVIAR 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, A TOUCH OF CAVIAR 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 A TOUCH OF CAVIAR for verification purposes.

However, A TOUCH OF CAVIAR 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 only: In accordance with Article 221-18 of the French Consumer Code, with effect from delivery the Customer enjoys a period of 14 calendar 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 calendar 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 A TOUCH OF CAVIAR (Unit 9, Rufus Business Centre, London SW18 4RL, UK ; e-mail: sales@petrossian.co.uk) 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, A TOUCH OF CAVIAR 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. A TOUCH OF CAVIAR 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.

A TOUCH OF CAVIAR 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 customer will be responsible for the postage and packing costs of returning any Products to A TOUCH OF CAVIAR.

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 or perishable 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 resulting in civil and/or criminal liability for 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 A TOUCH OF CAVIAR, please click on the following link.

 

 

11. Dispute resolution – mediation

 

In the event of any dispute, please contact in first instance the company’s customer service Department on +44 75 62 79 90 20, Monday to Friday between 09:00 and 17:00, excluding public holidays, or by e-mail sales@petrossian.co.uk or by post (A TOUCH OF CAVIAR - Unit 9, Rufus Business Centre, London SW18 4RL, UK).

 

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, you 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. To refer a complaint to a mediator, you may, at no charge, call on the services of MEDICYS mediation, with which CAVIAR PETROSSIAN is registered, by e-mail: conso@medicys.fr, or by post: MEDICYS - 73, Boulevard de Clichy - 75009 Paris.

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.


Alternatively, you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal at https://webgate.ec.europa.eu/odr.

 

 

12. Applicable law

  

These T&Cs shall be governed by French law in terms of interpretation and execution. Nothing in these T&Cs affects any statutory or other rights that may be available to you under appliable consumer law, including under any mandatory provisions of UK consumer law.

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