Terms and conditions
1. Identity
The Gourmandises de Luxe website, www.gourmandisesdeluxe.fr, is the exclusive property of SA Maison de la Truffe, registered under number 592 006 555, with its registered office located at 19 Place de la Madeleine, 75008 Paris.
2. Object
The purpose of these General Terms and Conditions of Sale is:
- to inform any prospective Buyer of the terms and conditions under which the Seller sells and delivers the products ordered
- to define the rights and obligations of each party in connection with the sale of products by the Seller to the Buyer.
They apply, without restriction or reservation, to all sales by Maison de la Truffe of products offered on its Gourmandises de Luxe website, which may not be resold (without prior request to the sales department).
Consequently, and in accordance with the provisions of the Law of 21 June 2004 on confidence in the digital economy and the Law of 13 March 2000 on electronic signatures, the fact that any person orders a product offered for sale on the Gourmandises de Luxe website implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read before placing their order.
The products are offered for sale in the following geographical areas: mainland France and certain countries of the European Union. (See Article VII, point 3)
Alcohol and alcoholic products are only sold in mainland France.
Gourmandises de Luxe reserves the right to modify these general terms and conditions of sale at any time.
3. The products
In accordance with Article L. 111-1 of the Consumer Code, each product offered on the Gourmandises de Luxe website is accompanied by a detailed description of its essential characteristics and price. The Buyer may therefore, prior to placing an order, consult the Gourmandises de Luxe website to familiarise themselves with the essential characteristics of the product(s) they wish to order.
The photographs, drawings, graphics and descriptions of the products offered for sale are for illustrative purposes only and are not binding on the seller.
The prices of each product offered for sale on the Gourmandises de Luxe website are indicated in euros including all taxes and are the prices in force at the time the order is placed by the Buyer.
The price indicated in your order summary is the final price. This price includes the total price of the order with details of each product and shipping costs.
4. Formation of the Contract
Access the website
The Gourmandises de Luxe website is accessible at the following address: www.gourmandisesdeluxe.com.
The Buyer is personally responsible for setting up the IT and telecommunications equipment required to access the Gourmandises de Luxe Website.
The Buyer shall bear the cost of telecommunications charges incurred when accessing the Internet and using the website.
Identify yourself
When placing their first order, the Buyer must create a personal account on the Gourmandises de Luxe website. To do so, the Buyer must enter a username and password and provide the following information:
- E-mail address
- Surname and First Name
- Address (street or boulevard number) and building (number and/or letter)
- City
- Postcode
- Telephone
This information is used for all subsequent orders and enables us to provide the most personalised service possible.
This username and password are the responsibility of the Purchaser, who may not hold Maison de la Truffe SA liable in the event of misuse by third parties, unless they can prove that such fraudulent use is the direct result of a fault attributable to Maison de la Truffe SA.
Order
To begin placing an order, the Buyer selects each of the products they wish to order after reviewing their essential characteristics. To do so, they must click on the image of the desired product and then on «Add to Gourmet Basket».
The registration of an order on the Gourmandises de Luxe website shop and its validation by the Buyer occurs when the Buyer clicks on the payment method option on the «Pay for my order» page.
In addition to accepting the contents of the order, this registration implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the date of placement.
The Buyer's order will be confirmed by Gourmandises de Luxe by email.
5. Payment
All orders are payable in euros. Payment must be made by the Buyer when placing the order. At no time may the sums paid be considered as deposits or advance payments.
Delivery of the order may be suspended or even cancelled in the event of non-payment of the amount due by the buyer or in the event of a payment incident.
To pay for their order, the Buyer has the following payment methods available:
Paypal/Carte Bleue / Visa / Master Card / Paylib
6. Delivery and Receipt
General rules
When placing an order, the Buyer is asked to specify the delivery address for their order, within mainland France and the European Union. If the billing address is different from the delivery address, the Buyer must specify this.
By default, invoices are sent with the order to the delivery address provided by the Buyer when registering with the order.
Failure to comply with the procedures set out below will result in the Buyer's claim not being accepted.
Gourmandise de Luxe undertakes to process each order as quickly as possible (within 24 to 48 hours).
Orders are processed from Monday to Friday, except for orders of fresh produce, which are processed from Monday to Thursday until 1 p.m. Subject to product availability.
Delivery charges
At the time the site was put online, delivery costs were as follows:
1-NATIONAL
National 0-10kg: €18
Then €2 per additional 5 kilos, up to 35kg
Corsica shipping supplement: €30 Nav key «+ Corsica»
Surcharge for hard-to-reach areas in departments 73 and 74: €7.50
2-EUROPE
Europe 0-3kg: €36
Europe 3.5-5kg: €45
Europe 5.5kg-10kg: €75
Then €3 per additional 5 kilos, up to 35kg
Delivery zone
The delivery area includes mainland France, Corsica, and certain countries in the European Union:
Germany
Austria
Belgium
Denmark
Spain
Finland
Great Britain
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal
Sweden
The choice of carrier is made by Gourmandises de Luxe when the order is processed.
Special case of orders containing fresh produce.
Preparing an order of fresh produce requires special packaging that keeps the product at the required temperature until delivery.
For any order containing caviar, salmon, fresh foie gras or any other product that requires refrigeration between 0 and +4°C, delivery is made by express transport.
If the delivery deadline specified when placing the order and in the order confirmation is exceeded, and this is not due to force majeure, the Customer may cancel their order either by registered letter with acknowledgement of receipt addressed to
GDL – MAISON DE LA TRUFFE SA Mail Order Service – 19 PLACE DE LA MADELEINE – 75008 Paris,
either in writing on any other durable medium (e-mail, fax) if, after having instructed GDL, under the same conditions (registered letter or writing on any other durable medium), to make the delivery within a reasonable additional period, GDL has not done so within that period.
The order shall be cancelled and, consequently, the contract shall be deemed to have been terminated on the date of receipt by GDL of the letter or written notice informing it of the Customer's intention to exercise this right of cancellation, unless GDL has performed in the meantime.
GDL then undertakes to reimburse the Customer for the sums paid by the latter within a maximum period of fourteen (14) days following receipt of the letter of termination by bank transfer or cheque.
Furthermore, the Customer may immediately cancel their order if GDL fails to fulfil its obligation to deliver the product(s) on the date or by the deadline specified, and if this date or deadline constitutes an essential condition of the contract for the Customer, said essential condition resulting from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer prior to the conclusion of the contract.
If the Buyer is not present at the delivery location, the parcel will be left at the nearest post office. The Buyer then has 24 hours to collect it in order to guarantee the freshness of the products. After 48 hours, the Buyer assumes responsibility for any damage to the goods. No claims will be accepted after this time.
It is the responsibility of the recipients to check the condition of the parcel in the presence of the delivery person or carrier. Any anomalies upon receipt must be reported to Gourmandises de Luxe within 48 hours in order to initiate a refund procedure with the carrier.
In the event of a delay in delivery compared to the date initially set, the Buyer must notify Gourmandises de Luxe in writing (by post, fax or email) in order to improve the quality of service offered and to enable Gourmandises de Luxe to investigate with the carrier.
An investigation by the carrier may take up to 21 working days. If the product is found during this period, it will be immediately re-routed to the delivery address specified on the order form.
However, if the product ordered is not found after this 21-day investigation period, Gourmandises de Luxe will, at its own expense, reship the products ordered by the Buyer.
Returns
In the event of an error in the recipient's address details, Gourmandises de Luxe cannot be held responsible for the inability to deliver. In this case, as in the event of cancellation of the order by the Purchaser after dispatch, the shipping costs will not be refunded to the customer by Gourmandises de Luxe.
If the Buyer's repeated absence at the time of delivery results in the products being returned to Gourmandises de Luxe, the return costs and associated costs shall be borne by the customer.
It is understood that goods always travel at the recipient's risk.
Gourmandises de Luxe kindly requests that you check your parcel upon arrival.
In the event of missing, lost or damaged parcels and goods, or if there is any doubt whatsoever about the condition or contents of the parcel, the Buyer is required to refuse the goods by immediately issuing a written report of the anomaly to the delivery person and reporting these incidents to Gourmandises de Luxe by e-mail in the «contact» section.
For reasons of maintaining the cold chain, fresh products cannot be returned.
7. Right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of any product ordered on the Website. The Customer does not need to provide any specific reason or pay any penalties.
After this period of fourteen (14) clear days, the request for withdrawal can no longer be processed. In order to exercise your right of withdrawal, you must send an unambiguous letter to
GDL – TRUFFLE HOUSE LTD
Distance Selling Service – 19 PLACE DE LA MADELEINE
75008 Paris – 75008 Paris
or by filling in the available form here.
GOURMANDISE DE LUXE – MAISON DE LA TRUFFE acknowledges receipt of the request.
Products designated by Article L 221-28 of the Consumer Code are not subject to the right of withdrawal. These include, among others, goods that are likely to expire quickly; goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection; or alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional.
All other products must be returned to Gourmandises de Luxe in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed delivery note with the handwritten words «return note». ". The cost of returning products is borne by the Customer, it being specified that the cost of return varies depending on the type of product concerned, the carrier or shipping method, and the weight, size or volume of the products.
Gourmandise de Luxe undertakes to reimburse the Customer using the same payment method used to place the order, no later than fourteen (14) days after sending proof of shipment of the product before the said deadline, or after receipt of the product by Gourmandise de Luxe.
Amicable dispute resolution:
Scope of application:
Pursuant to Article L611-2 of the Consumer Code, consumers are entitled to resort to an alternative dispute resolution method, consisting of consumer mediation, in the event of a dispute between a consumer and a professional.
Pursuant to Article L611-3 of the Consumer Code, mediation of consumer disputes does not apply to complaints made by consumers to the professional's customer service department, direct negotiations between consumers and professionals, attempts at conciliation or mediation ordered by a court hearing the consumer dispute, or proceedings brought by a professional against a consumer.
Terms and conditions of mediation:
The use of consumer mediation in the event of disputes is optional and is not a prerequisite for bringing a case before the court.
Pursuant to Article L612-1 of the Consumer Code, consumers have the right to seek the assistance of a consumer ombudsman free of charge in order to reach an amicable resolution to a dispute between themselves and a professional.
Any customer who wishes to submit a dispute arising from the purchase of a product through this website may contact the consumer mediation commission to find out which consumer mediator is applicable to this contract.
This link to the Consumer Mediation Commission website provides direct access to information about the mediation process: « http://www.mediation-conso.fr/mediateurs_reference.html ».
The consumer ombudsman must be notified within one year of the written complaint being sent to the professional, under the conditions set out in the general terms and conditions of sale.
Dispute mediation must be accessible electronically or by ordinary post.
It is free of charge for the consumer, with the exception of any costs they may incur for representation or assistance by a solicitor or any other person of their choice at any stage of the mediation, as well as for the opinion of an expert whose intervention they may wish to seek.
With regard to seeking expert advice, in the event of a joint request for an expert opinion between the professional and the consumer, the costs shall be shared between the parties.
Upon receipt of the documents on which the consumer's claim is based, the consumer ombudsman shall notify the parties, by electronic means or by ordinary post, that the matter has been referred to them, reminding them that they may withdraw from the process at any time.
At the request of either party, the mediator shall disclose all or part of the documents in the file and may meet with the parties, either together or separately.
In the absence of an amicable agreement between them, he proposes a solution to settle the dispute.
The outcome of the mediation shall be reached within 90 days of the date of notification of referral to the mediator, at the latest. This period may be extended by the mediator at any time in the event of complex disputes, after immediately notifying the parties.
Exclusion from mediation:
Pursuant to Article L612-2 of the Consumer Code, a dispute cannot be examined by the consumer ombudsman if the consumer cannot prove that they have first attempted to resolve their dispute directly with the professional by means of a written complaint in accordance with the terms and conditions set out in the contract, where applicable; if the request is manifestly unfounded or abusive; the dispute has previously been examined or is currently being examined by another mediator or by a court; the consumer has submitted their request to the mediator more than one year after their written complaint to the professional; the dispute does not fall within the mediator's area of competence.
In any of these cases, the mediator shall inform the consumer, within three weeks of receiving their file, that their request for mediation has been rejected on the grounds mentioned above.
Privacy:
In accordance with the provisions of Article L612-3 of the Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality.
The mediator's findings and statements made during mediation may not be disclosed to third parties, nor invoked or produced in legal or arbitration proceedings, without the agreement of the parties.
An exception to the preceding paragraphs shall be made in the following two cases:
a – where there are compelling reasons of public policy or grounds relating to the protection of the best interests of the child or the physical or psychological integrity of the person; ;
b – when disclosure of the existence or content of the agreement resulting from mediation is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he or she shall inform the judge whether or not the parties have reached an agreement.
Contact details for the mediator: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
Pursuant to Article L616-1, the contact details of the mediator to whom the customer may refer are as follows:
Online dispute resolution:
Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, an online dispute resolution system for consumer disputes has been established.
Pursuant to this regulation,
In order to enable online dispute resolution, consumers can connect to the online dispute resolution platform via the following electronic link: http://www.fvd.fr (e-mail: info@fvd.fr).
Amicable dispute resolution:
Scope of application:
Pursuant to Article L611-2 of the Consumer Code, consumers are entitled to resort to an alternative dispute resolution method, consisting of consumer mediation, in the event of a dispute between a consumer and a professional.
Pursuant to Article L611-3 of the Consumer Code, mediation of consumer disputes does not apply to complaints made by consumers to the professional's customer service department, direct negotiations between consumers and professionals, attempts at conciliation or mediation ordered by a court hearing the consumer dispute, or proceedings brought by a professional against a consumer.
Terms and conditions of mediation:
The use of consumer mediation in the event of disputes is optional and is not a prerequisite for bringing a case before the court.
Pursuant to Article L612-1 of the Consumer Code, consumers have the right to seek the assistance of a consumer ombudsman free of charge in order to reach an amicable resolution to a dispute between themselves and a professional.
Any customer who wishes to submit a dispute arising from the purchase of a product through this website may contact the consumer mediation commission to find out which consumer mediator is applicable to this contract.
This link to the Consumer Mediation Commission website provides direct access to information about the mediation process: «http://www.mediation-conso.fr/mediateurs_reference.html».
The consumer ombudsman must be notified within one year of the written complaint being sent to the professional, under the conditions set out in the general terms and conditions of sale.
Dispute mediation must be accessible electronically or by ordinary post.
It is free of charge for the consumer, with the exception of any costs they may incur for representation or assistance by a solicitor or any other person of their choice at any stage of the mediation, as well as for the opinion of an expert whose intervention they may wish to seek.
With regard to seeking expert advice, in the event of a joint request for an expert opinion between the professional and the consumer, the costs shall be shared between the parties.
Upon receipt of the documents on which the consumer's claim is based, the consumer ombudsman shall notify the parties, by electronic means or by ordinary post, that the matter has been referred to them, reminding them that they may withdraw from the process at any time.
At the request of either party, the mediator shall disclose all or part of the documents in the file and may meet with the parties, either together or separately.
In the absence of an amicable agreement between them, he proposes a solution to settle the dispute.
The outcome of the mediation shall be reached within 90 days of the date of notification of referral to the mediator, at the latest. This period may be extended by the mediator at any time in the event of complex disputes, after immediately notifying the parties.
Exclusion from mediation:
Pursuant to Article L612-2 of the Consumer Code, a dispute cannot be examined by the consumer ombudsman if the consumer cannot prove that they have first attempted to resolve their dispute directly with the professional by means of a written complaint in accordance with the terms and conditions set out in the contract, where applicable; if the request is manifestly unfounded or abusive; the dispute has previously been examined or is currently being examined by another mediator or by a court; the consumer has submitted their request to the mediator more than one year after their written complaint to the professional; the dispute does not fall within the mediator's area of competence.
In any of these cases, the mediator shall inform the consumer, within three weeks of receiving their file, that their request for mediation has been rejected on the grounds mentioned above.
Privacy:
In accordance with the provisions of Article L612-3 of the Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality.
The mediator's findings and statements made during mediation may not be disclosed to third parties, nor invoked or produced in legal or arbitration proceedings, without the agreement of the parties.
An exception to the preceding paragraphs shall be made in the following two cases:
a – where there are compelling reasons of public policy or grounds relating to the protection of the best interests of the child or the physical or psychological integrity of the person; ;
b – when disclosure of the existence or content of the agreement resulting from mediation is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he or she shall inform the judge whether or not the parties have reached an agreement.
8. Retention of title
The transfer of ownership of the products sold to the Buyer is suspended until full payment of the price, in accordance with the provisions of Article 2367 of the Civil Code and Order No. 2006-346 of 23 March 2006 relating to securities.
9. Liability
In the event of a stock shortage or product unavailability, GDL will contact the Customer as soon as possible to allow them to either cancel the order and receive a refund for the product in question, or, if the product is likely to be back in stock, to postpone the delivery date until the product has been restocked, or to substitute the unavailable product with one of equivalent value. In the event of cancellation and a request for a refund, the refund will be made within 10 (ten) days of the date on which the order was placed, to the credit card used when placing the order.
10. Applicable law and competent jurisdiction
Sales of Maison de la Truffe products on the Gourmandises de Luxe website are subject to French law. Any dispute relating to the interpretation, performance or breach of the contract between La Maison de la Truffe and the Purchaser, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of Paris.
11. "Data Protection Act"
In accordance with the French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation (GDPR) 2016/679/EU of 27 April 2016, the Customer has the right to access, oppose, rectify, erase, restrict the processing of, and transfer their personal data, as well as the right to withdraw their consent to the processing of such data.
These rights may be exercised by emailing: gourmandisedeluxeparis@gmail.com
Customers have the right to lodge a complaint with a supervisory authority.
For more information, visit the CNIL website: https://www.cnil.fr
In accordance with Article L.223-2 of the Consumer Code, candidates are informed that they may, if they wish, register on a list to oppose telephone canvassing, available on the website www.bloctel.gouv.fr.
12. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect.
