ARTICLE 1 – SCOPE OF APPLICATION OF THE GVC

DEFINITIONS

The terms and all expressions used in these general terms of sale with a capital letter shall have the following meaning:

  • “LES CAVEURS” refers to the company Les Caveurs SAS with a share capital of 40,000€, more fully described above.
  • “Client” refers to any person wishing to purchase the Products supplied by LES CAVEURS, whether a professional or a private individual. Clients include, in particular, distributors purchasing the Products for resale to an end client. The Client may also be referred to as “the buyer”.
  • “Order” refers to the order of Products placed by the Client and materialised by its final confirmation on the Website sent to LES CAVEURS.
    “Client Account” refers to the account created by a Client in order to order Products offered by LES CAVEURS.
  • “General Terms and Conditions” refers to the present general terms and conditions of sale, applicable to the relationship between LES CAVEURS and a Client.
  • “Special Conditions” refers to the special conditions concluded between LES CAVEURS and the Client and whose purpose is to complete the General Conditions, specifying in particular the nature, characteristics and quantity of the Products supplied to the Client and their delivery terms. The Special Conditions take the form of the Order confirmation issued from the LES CAVEURS Website when the Customer places an Order.
  • “Contract” means both the Special Conditions and the General Conditions. It is specified that the conclusion of the Contract is materialised by the final confirmation of the Order by the Customer.
  • “Parties” refers to both LES CAVEURS and the Customer.
  • “Website” refers to the LES CAVEURS website hosted at the following address: https://lescaveurs.com
  • “VAT” refers to the French value added tax.
  • “Product(s)” refers to the food or non-food products marketed by LES CAVEURS to the Client through the Website.

ARTICLE 2 – SCOPE OF APPLICATION OF THE GCV

Definition of the terms of sale, rights and obligations of the parties on the lescaveurs.com website by SAS LES CAVEURS (the seller). By placing an order on this site, the purchaser, whether an individual or a legal entity, declares that he/she has read and accepts these general conditions of sale.

He acknowledges being informed of the applicable provisions of the Civil Code, according to which the validation of the order form as specified in Article 3, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The Company LES CAVEURS SAS is registered in the RCS of Draguignan under the number 805 388 238. Its intra-community VAT number is FR 55 805388238.

The company’s registered office is located at 1112 Chemin de Saint-Esprit 83300 DRAGUIGNAN – Email: contact@lescaveurs.com. 

No document may take precedence over these General Terms and Conditions of Sale without written permission from SAS LES CAVEURS.

SAS LES CAVEURS reserves the right to modify the present GTC, the latest conditions put online will be applicable with the exception of modifications that may occur after an order has been placed.

ARTICLE 3 – PRODUCTS

The products offered are those listed on the lescaveurs.com website within the limits of available stocks. In case of non-availability of a product following an order, LES CAVEURS undertakes to contact the buyer in order to agree on a solution of reimbursement or substitution as soon as possible.

SAS LES CAVEURS reserves the right to modify at any time the range of products. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.) in accordance with the legislation and regulations in force. The photographs are provided for information purposes only and are not binding on the Seller.

The applicable prices are indicated on the lescaveurs.com website at the time of the order. Prices are indicated in euros and include all taxes. They are subject to the French Value Added Tax (VAT) applicable on the day of the order.

Depending on the arrangements made by LES CAVEURS for each product, the purchaser is clearly informed if delivery charges will be invoiced in addition to the price of the products. In this case, they will appear distinctly on the order summary and in the confirmation e-mail. The prices may be modified at any time, however, the entry into force of these modifications will not affect orders previously placed.

In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer undertakes to be at least 18 years old when placing an order on the lescaveurs.com website. 

ARTICLE 4 – ORDERS & PAYMENT CONDITIONS 

To place an order, the buyer will be invited to create an account on the lescaveurs.com website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile…), will have to identify himself using this information.

To create a Customer Account accessible on the Website, as well as to order a Product, the Customer must imperatively provide accurate and complete information, the spelling of which contains no error.

In any case, by confirming his Order, the Client confirms the accuracy and completeness of the information he has provided and authorises and guarantees its use by LES CAVEURS in the execution of the Order.

LES CAVEURS shall not be held liable in this respect, and no claim and/or demand for compensation shall be admissible for an event caused by an error or omission on the part of the Client.

Furthermore, the Customer is solely responsible for any use that may be made of his/her login and password enabling him/her to access his/her Customer Account, and is the sole guarantor of their confidentiality, as well as of any use of said account.

In the event of a change in the information concerning the Customer or which may affect the use of the Customer Account, including a change of password, the Customer must proceed with the modification of the said information by identifying himself and connecting directly to his Customer Account.

Access to the Customer Account by any Customer is reserved for strictly personal use.

In the event of loss, misappropriation or fraudulent use of his login and password, the Client undertakes to immediately notify LES CAVEURS by using the contact e-mail address of the Website.

LES CAVEURS offers the buyer to order and pay for its products exclusively in Euros. The payment will be made in several steps, with 2 payment options to choose from:

  • Price

The price for the Products is the one stipulated in the Order.

Prices are in Euros, exclusive of VAT and delivery costs.

The VAT applicable on the day of the Order is added to the price of each Product ordered.

  • Terms of payment

Unless otherwise stipulated at the time of the Order, the price of the Products shall be paid in full in euros (€) at the time of the Order, either

  • On-line by means of a secure payment made on an external banking site to which the Customer is automatically redirected from the Website;

The said payment shall be made by means of a valid bank card bearing the “Carte Bleue” (CB) logo, such as Visa or Mastercard.

When paying for his Order on the outsourced banking site, the Customer must mention his credit card number as well as its validity date, which will be debited at the time of the confirmation of his payment.

LES CAVEURS shall not be obliged to deliver the Products ordered by the Client in the event that the payment is not made or is refused by the Client’s bank. In such a case, the Order will not be executed and, if the Client fails to pay within TEN (10) days, LES CAVEURS may unilaterally terminate the Contract.

In order to avoid any risk of fraudulent payment, LES CAVEURS reserves the right to request any supporting document it deems necessary to verify the identity of the Client.

The payments made by the Client will only be considered as final once LES CAVEURS has effectively collected the amounts due.

Payment by bank card (CB, Visa, Mastercard, American Express). The purchaser’s bank account is debited at the time of the order. In order to proceed with the payment due, the purchaser must provide his/her bank card number, the expiry date of the card and, if applicable, the visual cryptogram. The buyer’s bank details are requested for each order. In addition, the payment may be validated after entering a 3D Secure code provided by the bank of the buyer holding the credit card and communicated by SMS.

The buyer guarantees LES CAVEURS that he/she has the necessary authorizations to use the payment instrument chosen at the time of validation of the order. LES CAVEURS uses a payment service provider and does not have access to confidential information relating to the buyer’s payment method.

The confirmation of the order is initiated by LES CAVEURS. It implies acceptance of these terms and conditions of sale, the recognition of having perfect knowledge of them and the renunciation of taking advantage of its own terms and conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction. LES CAVEURS will communicate by e-mail the confirmation of the registration of the order.

As of the date of the Order, no modification at the request of the Client may be taken into account by LES CAVEURS, except with the prior written agreement of the latter.

Furthermore, no cancellation may be requested by the Customer as of the date of the Order, unless he exercises his right of withdrawal under the conditions set out below.

ARTICLE 5 – DELIVERY & RECEIPT 

The delivery time and transport conditions applicable to the Products are specified at the time of the Order.

The Products are only delivered in Metropolitan France.

LES CAVEURS undertakes to make its best efforts to respect the delivery times, subject to the exceptions listed below.

In addition, it is specified that the delivery costs are calculated according to the place of delivery of the Products, the quantity and the weight of the Products ordered. These are clearly mentioned before the validation of any order.

The receipt of any Product by the Customer entails the transfer of the risks and ownership thereof.

When the Customer takes physical possession of the Products, he/she must therefore check that the quantity of Products delivered and their type correspond to the Order.

The Customer must check the condition of the packaging and the contents of the goods upon delivery in the presence of the employee of La Poste or the delivery person.

In the event of missing Products, loss or damage, the Customer must make all reservations upon receipt, with the carrier and on the delivery slip.

The Customer shall confirm, without delay as from the reception of the Products, in writing (e-mail or letter) to LES CAVEURS, the reservations he has made. In the event of a claim for damage, the claim must be accompanied by a photograph.

After this period, the Products delivered will be deemed to be in conformity and free of all defects.

In the event of an apparent defect or non-conformity noted by the Customer on the day of delivery, LES CAVEURS will proceed as soon as possible either to take back the Products, or to reimburse them or, as far as possible depending on available stocks, to replace them. The costs incurred in this respect shall not be borne by LES CAVEURS.

The delivery is declared carried out and materialized by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the parcel appears to have been delivered, the carrier’s computer system being the proof.

Any suspicious delay in delivery must be reported in writing as soon as possible by the buyer to contact@lescaveurs.com. LES CAVEURS will carry out an investigation with the carrier. As of the exercise of the right to denunciation, or of the conclusions of the investigation confirming the loss of the package, LES CAVEURS will refund the amount to the bank account debited at the time of the order, within a maximum of fourteen (14) days as of the receipt of the denunciation, to the exclusion of any other compensation, or will reship the products at their own expense, according to the wish of the buyer.

The delivery time of the Order being communicated only as an indication, it may be modified by LES CAVEURS in case of force majeure, such as in case of temporary unavailability of the Products or delay of the carrier.

LES CAVEURS may suspend or terminate the performance of its obligations in case of circumstances falling under force majeure, as this notion is defined and interpreted by French law and courts.

LES CAVEURS cannot be held liable in case of non-performance or poor performance of its obligations, which is due either to the act of a third party or to a case of force majeure.

In the event of a change in the delivery time, LES CAVEURS will inform the Customer as soon as it is aware of it and will propose a new delivery time.

However, in case of force majeure making the execution of the Contract definitively impossible, as in the case of definitive unavailability of the Products that are not substitutable or refusal of delivery by the carrier, the Client may request the termination of the Contract in writing, if the Products have not been delivered within fifteen (15) clear days of the end of the new delivery period. The Customer will then be reimbursed for the price already paid, within seven (7) clear days from the date of cancellation of the Contract.

In any case, the Client expressly waives the right to claim any damages from LES CAVEURS.

LES CAVEURS cannot be held responsible for any delay in delivery due to a situation that is not directly attributable to LES CAVEURS or due to the Client’s unavailability after several attempts to make an appointment to deliver the Order.

ARTICLE 6 – RIGHT OF WITHDRAWAL OF THE BUYER

The customer is informed, acknowledges and accepts that SAS LES CAVEURS distributes fresh products and grocery products on lescaveurs.com. The fresh products are foodstuffs with a use-by date (DLUO) or a use-by date (DLC). In accordance with the provisions of article L.121-17 of the French Consumer Code, and subject to the hypotheses referred to in article L.121-21-8.4° of the said Code, the buyer does not have the right of withdrawal provided for in article L.121-21 of the Consumer Code. Thus, orders containing foodstuffs with a use-by date (DLUO) and/or perishable foodstuffs with a use-by date (DLC) are not subject to the legal right of withdrawal and cannot be returned for exchange or refund.

Concerning grocery products, the buyer has a withdrawal period of fourteen (14) clear days, from the date of receipt of the order, to return them provided that the said items are returned intact, in their original packaging, unopened. Any return costs are at the buyer’s expense. The latter will also inform LES CAVEURS of the return and will communicate the possible tracking number of the parcel. The refund procedure will be carried out within a maximum of fourteen (14) calendar days.

Any product returned incomplete, damaged, used, washed, damaged, deteriorated, soiled or consumed, even partially, will not be refunded. Similarly, the buyer may be held liable for any depreciation of the products resulting from handling other than that necessary to establish the nature, essential characteristics and proper functioning of the products. Finally, in accordance with article L.121-21-8 of the French Consumer Code, the buyer may not exercise the right of withdrawal for :

  • products which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly; as with all fresh products.
  • Products that have been unsealed by the buyer after delivery and Products that cannot be returned for reasons of hygiene or health protection. 

ARTICLE 7 – LEGAL GUARANTEES

The Food Products sold by LES CAVEURS, by their very nature, deteriorate rapidly.

All the Food Products must be kept in a cool place without humidity and consumed within seven (7) days of their reception in the case of truffles.

All products on sale on les caveurs.com benefit from the legal guarantee of conformity (as defined in Articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 and following of the Civil Code), allowing the buyer to return defective or non-compliant products at no cost.

Article L.217-4 of the French Consumer Code states that “the seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L217-5 of the Consumer Code states that: “The goods conform to the contract: 1°. If it is fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling 2°. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L217-12 of the Consumer Code states that “the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

Article 1641 of the Civil Code states that “the seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them”. Article 1648 of the Civil Code states that “the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity”. 6.3. Exclusion of warranties Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The guarantee shall not apply to apparent defects. The guarantee will not cover products damaged during transport or due to misuse.

  • Responsibility of LES CAVEURS

The liability of LES CAVEURS can only be engaged in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damage, of any nature whatsoever.

In any event, the liability of LES CAVEURS is limited to the total amount paid by the Client for the Order, excluding taxes.

  • Exclusion of liability of LES CAVEURS

The liability of LES CAVEURS is excluded in the event of direct or indirect damage to property or persons, suffered by the Client or a third party, and resulting from the following cases

  • Negligence or fault committed by the Customer or a third party;
  • Natural expiration of the Products;
  • Any use in conditions that are clearly not in conformity with the use of the Products.

Special case of resellers and distributors:

When the Client of LES CAVEURS resells the Products to third parties, in particular as a reseller or distributor, it is obliged to subject the resale of the Products to the General Terms and Conditions and, in particular, to the stipulations limiting or excluding the guarantee or liability of LES CAVEURS. In the event of a breach of this obligation, the Client will be required to compensate LES CAVEURS for any damage that the latter may suffer in this respect. 

ARTICLE 8 – COMMERCIAL GUARANTEES

Receipt of any Product by the Client shall entail the transfer of the risks and ownership thereof.

When the Customer takes physical possession of the Products, he/she must therefore check that the quantity of Products delivered and their type correspond to the Order.

The Customer must check the condition of the packaging and the contents of the goods upon delivery in the presence of the employee of La Poste or the delivery person.

In the event of missing Products, loss or damage, the Customer must make all reservations upon receipt, with the carrier and on the delivery slip.

The Customer shall confirm, without delay as from the reception of the Products, in writing (e-mail or letter) to LES CAVEURS, the reservations he has made. In the event of a claim for damage, the claim must be accompanied by a photograph.

After this period, the Products delivered will be deemed to be in conformity and free of all defects.

In the event of an apparent defect or non-conformity noted by the Customer on the day of delivery, LES CAVEURS will proceed as soon as possible either to take back the Products, or to reimburse them or, as far as possible depending on available stocks, to replace them. The costs incurred in this respect shall not be borne by LES CAVEURS.

ARTICLE 9 – LIABILITY OF THE CELLARERS

LES CAVEURS shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, the occurrence of bugs, an external intrusion or the presence of a computer virus. Without prejudice to the provisions of the previous paragraphs, the liability of LES CAVEURS, under the terms of the present General Terms and Conditions of Sale, shall not be engaged, in any case jointly and severally, and shall not exceed a sum equal to the sums paid or payable at the time of the transaction at the origin of the said liability for the LES CAVEURS products as far as LES CAVEURS is concerned, whatever the cause or form of the action concerned.

ARTICLE 10 – INTELLECTUAL PROPERTY & PERSONAL DATA

In accordance with the laws governing intellectual property rights or other similar rights, lescaveurs.com and all the elements, trademarks, designs, models, photographs, texts, illustrations, logos, animated sequences or not, sound or not, graphics etc. found on lescaveurs.com as well as their compilation is respectively the exclusive property of LES CAVEURS, the latter not granting any licence or any other right to the customer other than that of consulting the site. The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the site, in whole or in part, nor its content may be used, reproduced, duplicated, copied, transferred, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior written authorization from LES CAVEURS. Any other use constitutes an infringement.

The purposes, recipients and conditions under which LES CAVEURS collects and processes personal data are presented in the “Personal Data and Cookies Charter” of the Website. LES CAVEURS has implemented security measures to protect the personal information you provide against unauthorized access and use. All the financial information you provide is stored in the secure site of the financial institution chosen by LES CAVEURS. Transactions concluded on lescaveurs.com are protected by an encryption process. Please be aware, however, that no data transmission over the Internet is 100% secure and that all information communicated online can potentially be intercepted and used by persons other than the intended recipient. All personal data is subject to the provisions of law n° 78-17 of 6 January 1978, as amended. As such, you have the right to access and rectify or delete data concerning you processed by LES CAVEURS, as well as the right to object to the processing of this data for the purposes of direct commercial prospecting, by contacting our customer service department, by e-mail, at the address contact@lescaveurs.com. If necessary, you must provide LES CAVEURS with updates or changes to the information concerning you, including in particular those relating to your postal and/or electronic address, in order to enable us to send your orders to the correct address and to contact you about it if necessary. 

ARTICLE 11 – FORCE MAJEURE

LES CAVEURS shall not be held responsible for the total or partial non-performance of their obligations, if this non-performance is due to a fortuitous event or to the occurrence of an element constituting force majeure such as, but not limited to, flooding, fire, storm, lack of raw materials, transport strike, partial or total strike, or lock-out, these different elements being assessed in accordance with the applicable case law. LES CAVEURS having been affected by such events shall inform the Client as soon as possible and at the latest within five (5) working days of the occurrence of this event. The Client and LES CAVEURS agree, in this case, to consult each other as soon as possible in order to determine together the modalities of execution of the order during the period of the force majeure event.

ARTICLE 12 – PARTIAL NON-VALIDATION

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. The nullity of a contractual clause does not entail the nullity of the Contract, with the exception of an impulsive and determining clause that led one of the Parties to enter into the Contract.

ARTICLE 13 – NON-WAIVER

The fact that one of the parties to these General Terms and Conditions of Sale has not demanded the application of any clause, whether permanently or temporarily, shall in no case be considered as a waiver of the rights of this party arising from the said clause.

ARTICLE 14 – COMPLETENESS OF THE CONTRACT

These General Terms and Conditions of Sale, the General Terms and Conditions of Use and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In general, it is expressly agreed between LES CAVEURS and the Purchaser that the emails will be considered as proof between them as well as the automatic recording systems used on the website, in particular regarding the nature and the date of the order. The Purchaser may access, if necessary in accordance with the rules of common law, the electronic contract concluded between LES CAVEURS and him. To do so, he/she should contact the customer service by e-mail, to which he/she should provide all the information necessary to do so, in particular the order number and his/her contact details.

ARTICLE 15 – CUSTOMER SERVICE

For any information, complaint or question relating to the present General Terms and Conditions of Sale or to the Products themselves, the Customer should contact the Customer Service by e-mail: contact@lescaveurs.com

ARTICLE 16 – APPLICABLE LAW – DISPUTES

The law applicable to these General Terms and Conditions of Sale and to orders relating to them is French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. Subject to the provisions of the Code of Civil Procedure to the contrary, any dispute that may arise concerning the validity, interpretation or execution of these General Terms and Conditions of Sale and which has not been settled amicably by the parties hereto shall be submitted to the court of Draguignan, notwithstanding the plurality of parties, summary proceedings or expert opinion.

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