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 connection with the sale of products by the Vendor to the Purchaser.

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 application of the provisions of the Law of June 21, 2004 on confidence in the digital economy and the Law of March 13, 2000 on electronic signatures, the fact that any person orders a product offered for sale on the Gourmandises de Luxe website implies full acceptance of these 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)

Alcohols and alcoholic products are only sold in Metropolitan 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 described precisely in terms of its essential characteristics and price. Prior to placing an order, the Purchaser may therefore 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 effect at the time the order is registered by the Purchaser.

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 shipping costs.

4. Contract formation

Go to site

The Gourmandises de Luxe website can be accessed at the following address: www.gourmandisesdeluxe.com.
The Buyer is personally responsible for setting up the computer and telecommunications resources required to access the Gourmandises de Luxe website.
The Buyer is responsible for any telecommunication costs incurred when accessing the Internet and using the site.

Login

When ordering for the first time, the Buyer 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
  • Postal code
  • Phone

This data is used for all subsequent orders, to ensure the most personalized follow-up possible.
This login and password are the responsibility of the Buyer, who may not take action against Maison de la Truffe SA in the event of misuse by third parties, unless he proves that this fraudulent use is the direct consequence of a fault attributable to Maison de la Truffe SA.

Order

To begin ordering, the Buyer chooses each of the products he/she wishes to order after having read their essential characteristics. To do so, 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 payment method choice on the «Pay my order» page.

In addition to accepting 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 of placing the order.

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 of ordering. 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 amount due by the purchaser or in the event of a payment incident.

To pay for his 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 Purchaser 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 Purchaser must specify it.
By default, invoices are sent with the order to the delivery address indicated 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 fresh produce orders, which are processed from Monday to Thursday until 1pm. Subject to product availability.

Delivery charges

At the time the site went online, shipping costs were as follows:

1-NATIONAL
National 0-10kg: €18
Then €2 for each additional 5kg, up to 35kg.
Corsica shipping surcharge: €30 Nav key «+ Corsica»
Surcharge for hard-to-reach areas in departments 73,74: 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 35kg.

Delivery zone

The delivery zone includes Metropolitan 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 is made by express transport.

If the delivery deadline mentioned at the time of placing the order and in the order confirmation is exceeded - 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 enjoined GDL, by the same means (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 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 Buyer is absent from the delivery address, the parcel is 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 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 Purchaser 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 investigate 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 21-day investigation period, Gourmandises de Luxe will proceed, at its own expense, with a new shipment 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 shipment, the shipping 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 expenses are at the customer's expense.

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 shortage, loss or damage to the parcel and goods, or any doubt whatsoever as to the condition or contents of the parcel, the Buyer is required to refuse the goods by immediately issuing a written statement of the anomaly to the delivery person 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 justify any particular reason or pay any penalties.

After this period of fourteen (14) clear days, the retraction request cannot be processed. To exercise your right of withdrawal, please 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 listed in article L 221-28 of the French Consumer Code are not eligible for the right of withdrawal. These include goods which are likely to expire rapidly; which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; or alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market 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, 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 shipment of the product before the aforementioned deadline, or of receipt of the product by Gourmandise de Luxe.

Amicable dispute resolution :

Area of application :
In application of article L611-2 of the French Consumer Code, it is now possible for consumers 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, or 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 for 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 de la Médiation de la Consommation (Consumer Mediation Commission) 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 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, in accordance with the terms and conditions of sale.
Dispute mediation must be accessible electronically or by post.
Mediation is free of charge for the consumer, with the exception of costs incurred for representation or assistance by a lawyer or any other person of the consumer's choice, at any stage of the mediation, as well as for the opinion of an expert, whose intervention the consumer intends to request.
In the case of a joint request for expert advice from the professional and the consumer, the costs are shared between the parties.
As soon as the documents on which the consumer's claim is based are received, the Consumer Mediator notifies the parties of his referral, either electronically or by post, reminding them that they may withdraw from the process at any time.
At the request of one or other of the parties, the mediator communicates 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, he will propose a solution to settle the dispute.

Mediation is concluded within 90 days of the date of notification of 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 :
In application of article L612-2 of the French Consumer Code, a dispute cannot be examined by the consumer mediator if the consumer does not justify having previously attempted to resolve the 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; 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 lodged his request with 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 the file, of the rejection of the mediation request for the above-mentioned reasons.

Privacy policy :
In accordance with the provisions of article L612-3 of the French Consumer Code, unless the parties agree otherwise, mediation is subject to the principle of confidentiality.
The mediator's findings and the statements made during the mediation process 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 preceding paragraphs:
a - in the presence of overriding reasons of public order or reasons 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 mediated agreement is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he or she informs the judge whether or not the parties have reached an agreement.

Mediator contact details: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references

In application of 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 May 21, 2013, an online settlement of consumer disputes has been established.
In application of this regulation,
To enable online dispute resolution, the consumer can connect to the online dispute resolution platform using the following electronic link: http://www.fvd.fr (e-mail: info@fvd.fr).
Amicable dispute resolution :
Area of application :
In application of article L611-2 of the French Consumer Code, it is now possible for consumers 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, or 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 for 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 de la Médiation de la Consommation (Consumer Mediation Commission) 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 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, in accordance with the terms and conditions of sale.
Dispute mediation must be accessible electronically or by post.
Mediation is free of charge for the consumer, with the exception of costs incurred for representation or assistance by a lawyer or any other person of the consumer's choice, at any stage of the mediation, as well as for the opinion of an expert, whose intervention the consumer intends to request.
In the case of a joint request for expert advice from the professional and the consumer, the costs are shared between the parties.
As soon as the documents on which the consumer's claim is based are received, the Consumer Mediator notifies the parties of his referral, either electronically or by post, reminding them that they may withdraw from the process at any time.
At the request of one or other of the parties, the mediator communicates 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, he will propose a solution to settle the dispute.

Mediation is concluded within 90 days of the date of notification of 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 :
In application of article L612-2 of the French Consumer Code, a dispute cannot be examined by the consumer mediator if the consumer does not justify having previously attempted to resolve the 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; 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 lodged his request with 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 the file, of the rejection of the mediation request for the above-mentioned reasons.

Privacy policy :
In accordance with the provisions of article L612-3 of the French Consumer Code, unless the parties agree otherwise, mediation is subject to the principle of confidentiality.
The mediator's findings and the statements made during the mediation process 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 preceding paragraphs:
a - in the presence of overriding reasons of public order or reasons 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 mediated agreement is necessary for its implementation or enforcement. When the mediator is appointed by a judge, he or she informs 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 March 23, 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 request for reimbursement, the latter 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 Buyer, even in the event of multiple defendants, will, in the absence of amicable agreement, the exclusive jurisdiction of the courts of Paris.

11. "Information Technology and Civil Liberties"

In accordance with the French Data Protection Act of January 6, 1978 and the European Regulation on the Protection of Personal Data (RGPD) 2016/679/EU of April 27, 2016, the Customer has the right to access, oppose, rectify, delete, limit processing, a right to portability, and withdraw consent to processing, on data concerning him or her.
These rights may 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 informed that they may, if they so wish, register on an opposition list against telephone canvassing available on the website www.bloctel.gouv.fr.

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.