1. Identity
The Gourmandises de Luxe website, www.gourmandisesdeluxe.fr, is the exclusive property of SA Maison de la Truffe, registered number 592 006 555 and whose registered office is 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 potential Buyer of the terms and conditions under which the Vendor sells and delivers the products ordered
- to define the rights and obligations of each of the parties in the context of 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, products which may not be resold (without prior request to the sales department).
Consequently, and in application of 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 his/her order.
Products are offered for sale in the following geographical territories: Metropolitan 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 terms and conditions of sale at any time.
3. The products
In accordance with article L. 111-1 of the French Consumer Code, each product offered on the Gourmandises de Luxe website is the subject of a precise description of its essential characteristics and its price. The Purchaser may, therefore, prior to placing his/her order, take note, on the Gourmandises de Luxe website, of the essential characteristics of the product(s) he/she wishes to order.
The photographs, drawings, graphics and descriptions of the products offered for sale are indicative only and are not binding on the seller.
The prices of each product offered for sale on the Gourmandises de Luxe site are indicated in euros inclusive of all taxes and are the prices in force at the time the order is registered by the Buyer.
The price indicated in the summary of your order is the final price. This price includes the total price of the order with details of each product and delivery costs.
4. Formation of the Contract
Go to the website
The Gourmandises de Luxe website can be accessed at the following address: www.gourmandisesdeluxe.com.
The Buyer is personally responsible for setting up the IT and telecommunications resources required to access the Gourmandises de Luxe Site.
The Buyer shall be responsible for any telecommunication costs incurred when accessing the Internet and using the site.
Identify yourself
When ordering for the first time, the Purchaser must create a personal account on the Gourmandises de Luxe website. To do this, the Purchaser must enter a user name and password and provide the following information:
- E-mail address
- First and last name
- Address (street or boulevard number) and building (number and/or letter)
- City
- Postcode
- Telephone
These details are used for all subsequent orders and ensure the most personalised follow-up possible.
This identifier and password are the responsibility of the Purchaser who may not turn against the company Maison de la Truffe SA in case of misuse by third parties, unless he proves that this fraudulent use is the direct result of a fault attributable to Maison de la Truffe SA.
Order
To begin their order, the Buyer chooses each of the products they wish to order after having read their essential characteristics. To do this, 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 and its validation by the Buyer occurs when the Buyer clicks on the choice of payment method on the "Pay my order" page.
In addition to acceptance of the content of the order, this registration implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the date on which the order was placed.
The Purchaser's order will be confirmed by Gourmandises de Luxe by e-mail.
5. Payment
All orders are payable in euros. Payment must be made at the time the order is placed by the Buyer. At no time may the sums paid be considered as deposits or advance payments.
Delivery of the order may be suspended or cancelled in the event of non-payment of the sum due by the buyer or in the event of a payment incident.
To pay for their order, the Buyer has the following methods of payment:
Paypal/Carte Bleue / Visa / Master Card / Paylib
6. Delivery and acceptance
General rules
At the time of ordering, the Buyer is invited to specify the delivery address for his/her order, in Metropolitan France and the European Union. If the billing address is not the same as the delivery address, the Buyer must specify this.
By default, invoices are sent with the order to the delivery address indicated by the Buyer when registering with the order.
If the procedures set out below are not complied with, no claim by the Buyer will be 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 for fresh produce, which are processed from Monday to Thursday until 1pm. 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 for each additional 5kg, up to a maximum of 35kg.
Corsica shipping supplement: €30 Nav "+ Corsica" touch
Surcharge for hard-to-reach areas in departments 73 and 74: €7.5
2-EUROPE
Europe 0-3kg: €36
Europe 3.5-5kg: €45
Europe 5.5kg- 10kg: €75
Then €3 for each additional 5kg, up to a maximum of 35kg.
Delivery zone
The delivery zone includes mainland France, Corsica and certain European Union countries:
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 to keep the product at the required temperature until delivery.
For all orders containing caviar, salmon, fresh foie gras or any other product requiring refrigeration between 0 and +4°C, delivery will be made by express transport.
If the delivery deadline mentioned when the order was placed and in the order confirmation is exceeded - and this is not due to force majeure - the Customer may cancel the order either by registered letter with acknowledgement of receipt sent to
GDL - MAISON DE LA TRUFFE SA Service VAD - 19 PLACE DE LA MADELEINE - 75008 Paris,
or in writing on any other durable medium (e-mail, fax) if, after having requested GDL, using the same methods (registered letter or writing on any other durable medium), to make the delivery within a reasonable additional period, GDL has not complied within this period.
The order will be cancelled and consequently the contract will be considered terminated on the date of receipt by GDL of the letter or writing informing it of the Customer's intention to avail itself of this cancellation option, unless GDL has performed in the meantime.
GDL then undertakes to reimburse the Customer the sums paid by the latter within a maximum period of fourteen (14) days following receipt of the letter of resolution by bank transfer or cheque.
In addition, the Customer may immediately cancel the order if GDL does not fulfil its obligation to deliver the product(s) on the date or at the expiry of the period stipulated and this date or period constitutes for the Customer an essential condition of the contract, said essential condition resulting from the circumstances surrounding the conclusion of the contract or from an express request by the Customer prior to the conclusion of the contract.
If the Customer is absent from the delivery address, the parcel will be delivered to 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 takes responsibility for damaged goods. No claim will then be taken into account.
It is the recipient's responsibility to check the condition of the package in the presence of the delivery person or carrier. Any anomaly 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 in relation to the date initially set, the Buyer must notify Gourmandises de Luxe in writing (letter, fax, e-mail) in order to improve the quality of service that may be offered and to enable Gourmandises de Luxe to carry out an enquiry with the carrier.
An investigation with the carrier may take up to 21 working days. If the product is found during this period, it will immediately be returned to the delivery address indicated on the order form.
On the other hand, if the product ordered is not found at the end of this period of 21 days of investigation, Gourmandises de Luxe will proceed at its expense with a new dispatch of the products ordered by the Buyer.
Returns
In the event of an error in the recipient's details, Gourmandises de Luxe cannot be held responsible for the impossibility of delivery. In this case, as in the case of cancellation of the order by the Buyer after dispatch, the carriage costs will not be reimbursed to the customer by Gourmandises de Luxe.
If the repeated absence of the Buyer at the time of delivery results in the return of the products to Gourmandises de Luxe, the return costs and related costs will be borne by the customer.
It is understood that goods always travel at the consignee's risk.
Gourmandises de Luxe asks you to check your parcel as soon as it arrives.
In the event of the parcel or goods being missing, lost or damaged, or of any doubt whatsoever as to the condition or content of the parcel, the Buyer is required to refuse the goods by immediately notifying the deliverer of the anomaly in writing and to report these incidents to Gourmandises de Luxe by e-mail in the "contact" section.
For reasons relating to 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 Site. The Customer does not need to give any particular reason or pay any penalties.
Once this period of fourteen (14) clear days has elapsed, the retraction request can no longer be processed. To exercise your right of withdrawal, send an unambiguous letter to
GDL - MAISON DE LA TRUFFE SA
VAD 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 SA acknowledges receipt of the request.
The products referred to in article L 221-28 of the French Consumer Code do not qualify for the right of withdrawal. These include goods that are likely to expire quickly, that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection, or alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed when the contract was concluded depends on fluctuations in the market that are beyond the control of the professional.
For all other products, they must be returned to Gourmandises de Luxe in perfect condition for resale, in their original state (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the signed delivery slip with the handwritten note "good for return". The cost of returning products is borne by the Customer, it being specified that the cost of return varies according to the type of product concerned, the carrier or shipment, and the weight, size or volume of the products.
Gourmandise de Luxe undertakes to reimburse the Customer using the same means of payment as that used to place the order, at the latest within fourteen (14) days following the sending of proof of dispatch of the product before the aforementioned deadline, or of receipt of the product by Gourmandise de Luxe.
Out-of-court settlement of disputes :
Area of application :
Under article L611-2 of the French Consumer Code, consumers have the right to have recourse to an alternative dispute resolution method, consisting of consumer mediation, when a dispute arises between a consumer and a professional.
Pursuant to article L611-3 of the French Consumer Code, mediation of consumer disputes does not apply to complaints made by the consumer to the professional's customer service department, to direct negotiations between the consumer and the professional, to attempts at conciliation or mediation ordered by a court hearing the consumer dispute and to proceedings brought by a professional against a consumer.
Mediation procedures :
Recourse to consumer mediation in the event of a dispute is optional and is not a prerequisite for referral to the courts.
Pursuant to article L612-1 of the French Consumer Code, consumers have the right to have recourse free of charge to a consumer mediator, with a view to the amicable resolution of their dispute with a professional.
Any customer who wishes to submit a dispute arising from the purchase of a product through this site may contact the Commission for Consumer Mediation to find out which consumer mediator is applicable to this contract.
The following link to the Commission de la médiation de la consommation website provides direct access to information on the mediation process: " http://www.mediation-conso.fr/mediateurs_reference.html ".
Referral to the Consumer Ombudsman must be made within 1 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 available electronically or by post.
It is free of charge for the consumer, with the exception of the costs he intends to incur for representation or assistance by a lawyer or any other person of his choice, at all stages of the mediation, as well as the opinion of an expert, whose intervention he intends to request.
Where the professional and the consumer jointly request an expert opinion, the costs are shared between the parties.
As soon as the documents on which the consumer's claim is based are received, the Consumer Ombudsman notifies the parties of his referral by electronic means or by ordinary mail, reminding them that they may withdraw from the process at any time.
At the request of one or other of the parties, the mediator shall disclose all or part of the documents in the case file and may receive the parties together or separately.
If the parties fail to reach an amicable agreement, it will propose a solution to the dispute.
The outcome of the mediation is reached at the latest within 90 days from the date of notification of the referral to the mediator. This period may be extended by the mediator at any time in the case of complex disputes, after immediately notifying the parties.
Exclusion from mediation :
Pursuant to article L612-2 of the Consumer Code, a dispute may not be examined by the Consumer Mediator if the consumer does not prove that he has previously tried to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures set out, where applicable, in the contract; when the request is manifestly unfounded or abusive; the dispute has been previously examined or is in the process of being examined by another mediator or by a Court; the consumer submitted his request to the mediator more than 1 year after his written complaint to the professional; the dispute does not fall within his field of competence.
In any of these cases, the mediator will inform the consumer, within three weeks of receiving his or her file, that the request for mediation has been rejected on the above-mentioned grounds.
Confidentiality :
In accordance with the provisions of article L612-3 of the French Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality.
The mediator's findings and the statements made during the mediation may not be disclosed to third parties, nor may they be invoked or produced in legal or arbitration proceedings, without the agreement of the parties.
There are two exceptions to the above paragraphs:
a - where there are overriding reasons of public policy or reasons relating to the protection of the best interests of the child or the physical or psychological integrity of the person ;
b - where disclosure of the existence or content of the mediated agreement is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he shall inform the judge whether or not the parties have reached an agreement.
Contact details for the ombudsman: 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 apply 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, online settlement of consumer disputes has been introduced.
In application of this regulation,
To enable disputes to be resolved online, consumers can use the following electronic link to connect to the online dispute resolution platform: http://www.fvd.fr (e-mail: info@fvd.fr).
Out-of-court settlement of disputes :
Area of application :
Under article L611-2 of the French Consumer Code, consumers have the right to have recourse to an alternative dispute resolution method, consisting of consumer mediation, when a dispute arises between a consumer and a professional.
Pursuant to article L611-3 of the French Consumer Code, mediation of consumer disputes does not apply to complaints made by the consumer to the professional's customer service department, to direct negotiations between the consumer and the professional, to attempts at conciliation or mediation ordered by a court hearing the consumer dispute and to proceedings brought by a professional against a consumer.
Mediation procedures :
Recourse to consumer mediation in the event of a dispute is optional and is not a prerequisite for referral to the courts.
Pursuant to article L612-1 of the French Consumer Code, consumers have the right to have recourse free of charge to a consumer mediator, with a view to the amicable resolution of their dispute with a professional.
Any customer who wishes to submit a dispute arising from the purchase of a product through this site may contact the Commission for Consumer Mediation to find out which consumer mediator is applicable to this contract.
This link to the Commission de la médiation de la consommation website provides direct access to information about the mediation process: "http://www.mediation-conso.fr/mediateurs_reference.html".
Referral to the Consumer Ombudsman must be made within 1 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 available electronically or by post.
It is free of charge for the consumer, with the exception of the costs he intends to incur for representation or assistance by a lawyer or any other person of his choice, at all stages of the mediation, as well as the opinion of an expert, whose intervention he intends to request.
Where the professional and the consumer jointly request an expert opinion, the costs are shared between the parties.
As soon as the documents on which the consumer's claim is based are received, the Consumer Ombudsman notifies the parties of his referral by electronic means or by ordinary mail, reminding them that they may withdraw from the process at any time.
At the request of one or other of the parties, the mediator shall disclose all or part of the documents in the case file and may receive the parties together or separately.
If the parties fail to reach an amicable agreement, it will propose a solution to the dispute.
The outcome of the mediation is reached at the latest within 90 days from the date of notification of the referral to the mediator. This period may be extended by the mediator at any time in the case of complex disputes, after immediately notifying the parties.
Exclusion from mediation :
Pursuant to article L612-2 of the Consumer Code, a dispute may not be examined by the Consumer Mediator if the consumer does not prove that he has previously tried to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures set out, where applicable, in the contract; when the request is manifestly unfounded or abusive; the dispute has been previously examined or is in the process of being examined by another mediator or by a Court; the consumer submitted his request to the mediator more than 1 year after his written complaint to the professional; the dispute does not fall within his field of competence.
In any of these cases, the mediator will inform the consumer, within three weeks of receiving his or her file, that the request for mediation has been rejected on the above-mentioned grounds.
Confidentiality :
In accordance with the provisions of article L612-3 of the French Consumer Code, unless otherwise agreed by the parties, mediation is subject to the principle of confidentiality.
The mediator's findings and the statements made during the mediation may not be disclosed to third parties, nor may they be invoked or produced in legal or arbitration proceedings, without the agreement of the parties.
There are two exceptions to the above paragraphs:
a - where there are overriding reasons of public policy or reasons relating to the protection of the best interests of the child or the physical or psychological integrity of the person ;
b - where disclosure of the existence or content of the mediated agreement is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he shall inform the judge whether or not the parties have reached an agreement.
8. Reservation of ownership
The transfer of ownership of the products sold to the Buyer is suspended until the price has been paid in full, in accordance with the provisions of article 2367 of the French Civil Code and order no. 2006-346 of 23 March 2006 relating to securities.
9. Liability
In the event of a product being out of stock or unavailable, the Customer will be contacted by GDL as soon as possible to enable it to either cancel the order and refund the product concerned, or, if the product can be returned to stock, to postpone the delivery date once the product has been restocked, or to substitute the unavailable product with an equivalent value. In the event of cancellation and a request for reimbursement, this will be made within 10 (ten) days of the date on which the relevant order was placed, to the credit card used to place the order.
10. Applicable law and 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 contract between Maison de la Truffe and the Purchaser, even in the event of multiple defendants, will, in the absence of amicable agreement, fall within the exclusive jurisdiction of the courts of Paris.
11. "Information Technology and Civil Liberties
In accordance with the French Data Protection Act of 6 January 1978 and the European Regulation on the Protection of Personal Data (RGPD) 2016/679/EU of 27 April 2016, the Customer has the right to access, object to, rectify, delete, limit the processing of, a right to portability of, and withdraw consent to the processing of, data concerning him or her.
These rights can be exercised by sending an e-mail to: gourmandisedeluxeparis@gmail.com
Customers are entitled 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 French Consumer Code, applicants are hereby informed that they may, if they so wish, register on a telephone anti-solicitation list available on the www.bloctel.gouv.fr website.
12. Partial invalidity
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, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
