Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Website: www.caviarhouse.com/ch

We invite you to read these general terms and conditions of sale carefully; their acceptance and observance are necessary in order for you to use the features of the site and to place orders for the products offered on it.

GENERAL PRESENTATION

The website www.caviarhouse.com/ch (hereinafter the “Site”) is published and operated by Caviar House & Prunier (Suisse) SA, a public limited company incorporated under Swiss law, whose registered office is located at Rue du Rhône 30 - Place de la Fusterie, 1204 Geneva, entered in the Commercial Register of the Canton of Geneva under company identification number (UID) CHE-105.991.842 (hereinafter the “Seller” or “Caviar House & Prunier”).

In the course of its business, the Seller offers for sale, on the Site, high-end fine-food products, and in particular caviar, BALIK-brand smoked salmon, and associated products.

These General Terms and Conditions of Sale (hereinafter the “GTC”) set out the rules applicable to any order placed on the Site by the customer (hereinafter the “Customer”).

1. SCOPE OF APPLICATION

1.1. The offer of goods presented on the Site is addressed exclusively to consumers of legal age residing in Switzerland or Liechtenstein and having a delivery address within Swiss or Liechtenstein territory. Any order for delivery outside these territories will be refused.

1.2. These GTC apply to all orders placed on the Site, as well as to orders placed by telephone, email, SMS, WhatsApp or by any other means of communication made available by the Seller.

1.3. By placing an order, the Customer declares that they have read these GTC, understood them and accepted them without restriction or reservation. This acceptance is evidenced, for any order placed on the Site, by the Customer's ticking of the box provided for that purpose before validating the order.

1.4. The GTC are accessible at any time on the Site and may be downloaded and printed by the Customer. The version applicable to the order is the one in force on the day the contract is concluded. The Seller reserves the right to amend the GTC at any time; any amendment applies only to orders placed after its publication on the Site.

1.5. Any contrary condition put forward by the Customer and not expressly accepted in writing by the Seller cannot, in the absence of express acceptance, be relied upon against the Seller, regardless of when it may have been brought to the Seller's attention.

2. CONCLUSION OF THE CONTRACT

2.1. The essential characteristics of the products offered for sale on the Site (nature, origin, composition, weight, price) are presented on each product page. The photographs illustrating the products have no contractual value and are provided for illustrative purposes.

2.2. The Customer selects the products they wish to acquire and adds them to their basket. At any time before validating the order, they may modify the contents of their basket, add or remove products, and check the accuracy of the information entered.

2.3. Before the definitive validation of the order, the Customer is presented with a detailed summary setting out the designation of the products ordered, their quantity, their unit and total price, the applicable delivery charges, the delivery address, the billing address and the chosen means of payment. At this stage they have the opportunity to correct any error.

2.4. The order is definitively validated by the Customer by ticking the box accepting these GTC and clicking on the payment confirmation button. This validation constitutes an offer by the Customer to the Seller.

2.5. The contract of sale is definitively concluded when the Seller confirms in writing, to the email address provided by the Customer, that the order has been received and accepted. This confirmation is without prejudice to the actual availability of the products, the Seller reserving the right to cancel the order in the event of a stock shortage or for any other legitimate reason.

2.6. The Seller reserves the right to refuse or cancel any order placed by a Customer in the event of a prior dispute concerning payment of a previous order, in the event of ordered quantities manifestly disproportionate to personal use, or in the event of serious indications of fraud or false declarations.

2.7. The data recorded in the Seller's computer systems constitutes proof of the order, its content and the conclusion of the contract. The Customer may, at any time, consult the history of their orders from their customer account.

3. CREATION AND USE OF THE CUSTOMER ACCOUNT

3.1. To place an order on the Site, the Customer may be invited to create a customer account. The creation of an account is free of charge and requires the provision of personal data, the list of which appears on the registration form (surname, first name, postal address, email address, telephone number, delivery address).

3.2. The mandatory fields are indicated by an asterisk (*). The Customer undertakes to provide accurate, complete and up-to-date information, and to update it without delay in the event of any change.

3.3. Access to the customer account is secured by a login (email address) and a password chosen by the Customer. The Customer is solely responsible for the confidentiality of their password and for all actions carried out via their account. They undertake to choose a strong password and not to disclose it to third parties.

3.4. In the event of the loss, theft or unauthorised use of their credentials, the Customer must inform the Seller as soon as possible at info.ch@caviarhouse.com so that the Seller can suspend the account.

3.5. The Customer may at any time delete their account in accordance with the procedures described on the Site. The deletion of the account entails the erasure of the data associated with it, subject to the retention periods required by law, in particular in accounting matters (Art. 957 and 958f CO).

3.6. The Seller reserves the right to suspend or close a Customer's account in the event of a serious breach of these GTC, after prior notification by electronic means, save in cases of urgency justifying an immediate measure.

4. PRICES

4.1. The prices of the products displayed on the Site are expressed in Swiss francs (CHF), inclusive of all taxes (including the Swiss VAT in force), excluding delivery charges. The applicable delivery charges are indicated separately before the definitive validation of the order.

4.2. The Seller reserves the right to modify prices at any time. However, the products ordered are invoiced on the basis of the rate in force at the time the order is validated, subject to their availability.

4.3. Any discounts, promotions or discount codes appear on the order summary before validation.

4.4. Prices do not cover any customs duties or additional taxes that may be levied on delivery to Liechtenstein, which remain the responsibility of the Customer.

5. TERMS OF PAYMENT

5.1. Means of payment

The price of the order is payable in cash, in full, on the day the order is placed, by the following means of payment:

- By payment card (Visa, Visa Electron, Mastercard, American Express): the Customer is redirected to the secure Saferpay platform, operated by SIX Payment Services SA, which guarantees the confidentiality of the data transmitted (card number, expiry date, visual security code) by encryption and protection procedures compliant with the PCI DSS standard. The order can only be dispatched after acceptance of the payment by the banking institution;

- By PayPal, in accordance with the general terms and conditions of the provider PayPal (Europe) S.à.r.l. et Cie, S.C.A.

The Seller does not retain any complete card details of the Customer. Payment by card is irrevocable, save in the event of fraudulent use of the card, in which case the Customer is invited to contact their banking institution as soon as possible to request the cancellation of the payment.

5.2. Retention of title

In accordance with Article 715 of the Swiss Civil Code, the Seller retains ownership of the products ordered until full payment of the price by the Customer. Failure to pay in full by the agreed date may result in the Seller reclaiming the products.

5.3. Payment failure

In the event of failure or rejection of the online payment transaction (refusal by the banking institution, expiry of the card, insufficient funds, etc.), the order is not confirmed by the Seller and no contract of sale is concluded. The Customer is informed of this by the Site and may, where applicable, make a further payment attempt.

6. DELIVERY AND TRANSFER OF RISK

6.1. Delivery area and lead times

The Seller delivers exclusively within Swiss territory and Liechtenstein, within an indicative lead time of seventy-two (72) hours from confirmation of the order, excluding weekends and public holidays.

For any order placed before 3:00 p.m., delivery within twenty-four (24) hours may be requested, subject to public holidays and weekends.

Delivery lead times are provided for guidance only. However, in accordance with Article 102 CO, in the event of a significant overrun of the lead times attributable to the Seller, the Customer may give the Seller formal notice to deliver within a reasonable time. Failing performance within this additional time, the Customer may, under the conditions of Articles 107 to 109 CO, terminate the contract and obtain a refund of the sums paid.

6.2. Delivery arrangements

DELIVERIES ARE MADE:

- either by Swiss Post via Swiss-Express “Moon” (delivery before midday);

- or by the Seller's own delivery service for the Canton of Geneva and the lakeside up to Morges (same-day delivery).

When placing the order, the Customer may choose the desired delivery day from among the available options.

6.3. Delivery charges

Delivery charges are indicated separately in the order summary before validation. They amount to:

- a flat rate of twenty Swiss francs (CHF 20) for any order below three hundred Swiss francs (CHF 300);

- free of charge for any order of an amount greater than or equal to three hundred Swiss francs (CHF 300).

6.4. Transfer of risk

In accordance with Article 185 para. 1 CO, the risks of loss or deterioration of the thing sold pass to the buyer as soon as the contract is concluded. However, where the goods are dispatched to a place other than the place of performance, the risks pass to the Customer only from the effective handover of the products to them, in accordance with Article 185 para. 2 CO.

The Seller bears the risks associated with transport up to the effective delivery of the products to the Customer, save for fault attributable to the Customer or a case of force majeure.

6.5. Cold chain and obligation to take receipt

Fresh products (caviar, smoked salmon) are delivered in insulated packaging containing frozen refrigerant elements in order to guarantee the maintenance of the cold chain up to the delivery address.

It is the Customer's responsibility to take all useful measures to ensure the effective receipt of the products at the indicated delivery address, in particular by being present at the time of delivery or by designating an appropriate address (for example a business address). The Seller cannot be held liable for any interruption of the cold chain resulting from the Customer's absence or from an inadequate delivery address.

6.6. Partial deliveries

The Seller may, at the Customer's request or in the event of partial availability of the products ordered, make partial deliveries. If, after the conclusion of the contract, certain products cannot be delivered for reasons not attributable to the Seller, the Customer may, for the part not delivered and after unsuccessful formal notice, withdraw from the contract in accordance with Articles 107 et seq. CO.

6.7. Receipt of the products

On receipt of the delivery, the Customer is invited to check the good condition and conformity of the products delivered. Any complaint concerning the quantity, quality or conformity of the products must be addressed to the Seller as soon as possible, and at the latest within twenty-four (24) hours following delivery, together with photographs of the product and of the label, by email to info.ch@caviarhouse.com. Failing this, the products are deemed to be accepted as they are.

7. Particular characteristics of the products and restrictions

7.1. Perishable nature of the products

The products marketed on the Site, and in particular caviar and BALIK smoked salmon, are perishable foodstuffs. Their preservation requires specific temperature conditions:

- caviar: storage temperature between -2 °C and +2 °C;

- smoked salmon: maximum storage temperature of +4 °C;

- fresh products: storage in the refrigerator, outside the insulated packaging;

- dry products: storage in a cool, dry place, away from humidity.

The products must be consumed before the use-by date indicated on their packaging. Failure to comply with the storage conditions and the use-by date releases the Seller from all liability.

7.2. Sale of products containing alcohol

The sale of products containing alcohol (wines, spirits, etc.) is strictly prohibited to persons under the age of eighteen (18) in Switzerland, in accordance with the Federal Act on Foodstuffs and Utility Articles (FSA) and the applicable cantonal legislation. The sale of spirits and sweetened alcoholic beverages may be subject to additional restrictions (in particular the prohibition of sale to minors aged sixteen to eighteen depending on the canton and the nature of the beverage).

By placing an order, the Customer warrants that they are at least eighteen (18) years of age and are authorised to acquire the products ordered. The Seller reserves the right to request proof of age on delivery and to refuse to hand over the products in the event of doubt.

7.3. Availability

The product offers presented on the Site are valid for as long as they are visible on it, within the limit of available stocks. In the event of the unavailability of a product after an order, the Seller will inform the Customer as soon as possible and will proceed, at the Customer's choice, either with the delivery of an equivalent replacement product or with the refund of the corresponding sum.

7.4. Personal use and prohibition of resale

The products ordered on the Site are intended for the personal and private use of the Customer. Any marketing, resale or use for professional purposes (in particular in the context of a catering or food-trade business) is subject to the express prior agreement of the Seller. Failing this, the Seller reserves the right to cancel the order.

8. EXCLUSION OF THE RIGHT OF REVOCATION

8.1. In accordance with Article 40b CO, the right of revocation provided for by Swiss consumer law applies to contracts relating to goods or services intended for personal or family use, concluded in certain limited situations (in particular doorstep selling).

8.2. Swiss law does not, to date, provide for a general right of withdrawal for sales concluded at a distance over the internet. Consequently, no order placed on the Site benefits from a right of revocation within the meaning of the Code of Obligations.

8.3. Furthermore, in view of the perishable nature of the products marketed on the Site (caviar, smoked salmon, other foodstuffs), no return or refund may be granted after delivery, save in the event of non-conformity or a defect established under the conditions of Article 9 below.

9. WARRANTY FOR DEFECTS

9.1. The Seller is required, in accordance with Articles 197 et seq. CO, to warrant the conformity of the products delivered as well as the absence of significant material defects which reduce their value or their intended usefulness, or which render them unfit for the expected use.

9.2. The Customer must check the conformity and condition of the products as soon as they are received. Any complaint for an apparent defect or non-conformity must be addressed to the Seller as soon as possible, and at the latest within twenty-four (24) hours following delivery, by email to info.ch@caviarhouse.com, together with photographs of the product and its label. In the absence of notice within this time, the products are deemed to be accepted and the warranty for defects lapses, in accordance with Article 201 CO.

9.3. For non-apparent defects (hidden defects), the Customer must notify the defect to the Seller as soon as it is discovered, and at the latest within the limitation periods provided for in Article 210 CO.

9.4. In the event of an established defect duly notified within the above time limits, the Customer may, in accordance with Article 205 CO, at their choice and according to the circumstances:

- rescind the sale (action for rescission);

- or demand a reduction of the price corresponding to the diminished value (action for price reduction);

- or request replacement with a conforming and defect-free product, where this is possible (Art. 206 CO).

9.5. The warranty for defects does not apply in the event of poor storage, alteration attributable to the Customer, interruption of the cold chain after receipt, use not in accordance with the instructions, or damage resulting from a case of force majeure.

10. LIABILITY

10.1. The Seller's liability is governed by Articles 41 et seq. and 97 et seq. of the Code of Obligations.

10.2. The Seller undertakes to use its best endeavours to ensure the quality of the products, the security of transactions and the proper functioning of the Site. Its liability can only be engaged in the event of proven fault and is limited to the direct and foreseeable damage resulting directly from a breach of its contractual obligations.

10.3. In accordance with Article 100 para. 1 CO, the Seller may not limit or exclude its liability in the event of wilful misconduct or gross negligence. For damage caused by slight negligence, the Seller's liability is limited, to the fullest extent permitted by Swiss law, to the amount of the price of the order at the origin of the damage.

10.4. The Seller's liability cannot be engaged, in particular, in the following situations:

- the Customer's failure to comply with the storage conditions indicated on the products or in these GTC;

- interruption of the cold chain after the effective handover of the products to the Customer;

- the Customer's absence at the time of delivery, or an incorrect or inadequate delivery address;

- force majeure within the meaning of Article 11 below;

- the act of a third party, and in particular of the carrier, for which the Seller is not legally required to answer;

- temporary unavailability of the Site, failure of the internet network or intrusion by a third party.

11. FORCE MAJEURE

11.1. Neither party may have its liability engaged for the non-performance or delayed performance of its obligations resulting from a case of force majeure, that is to say an unforeseeable, irresistible and external event beyond the reasonable control of the party relying on it.

11.2. The following are considered, in particular, as cases of force majeure, without this list being exhaustive: natural disasters, epidemics and pandemics, wars and acts of terrorism, general strikes, measures of public authorities entailing the interruption of activity, and significant failures of communication or transport infrastructure.

11.3. The party relying on force majeure will inform the other party as soon as possible. The performance of the obligations will be suspended for the duration of the event. If the impediment exceeds thirty (30) days, either party may terminate the contract without indemnity, subject to the refund of any sums paid by the Customer for services not performed.

12. INTELLECTUAL PROPERTY

12.1. All the elements of the Site - and in particular the trade marks BALIK, CAVIAR HOUSE & PRUNIER and any other trade marks exploited by the group, the logos, texts, photographs, illustrations, videos, databases, computer code and graphic charter - are protected by intellectual property law and remain the exclusive property of Caviar House & Prunier Holding SA or of its rights holders.

12.2. Any reproduction, representation, modification, adaptation, translation or exploitation, in whole or in part, by any process whatsoever, without the express prior authorisation of the rights holder is strictly prohibited and constitutes an infringement of intellectual property rights sanctioned by Swiss law, in particular by the Trade Mark Protection Act (TmPA), the Copyright Act (CopA) and the Federal Act against Unfair Competition (UCA).

12.3. The Customer receives no intellectual property right over the content of the Site as a result of consulting it or placing an order. Only a right of personal and private use of the Site's content is granted to them, to the exclusion of any commercial exploitation.

12.4. Should an infringement of the intellectual property rights of the Seller or of the group be found, the Customer may send a report to info.ch@caviarhouse.com.

13. PROTECTION OF PERSONAL DATA

The processing of the Customer's personal data is governed by the Federal Act on Data Protection of 25 September 2020 (FADP) and its implementing ordinance. The arrangements for the collection, processing, retention and communication of personal data, as well as the rights available to the Customer (right of access, rectification, handover, objection, etc.), are detailed in the privacy policy accessible at the following address: https://caviarhouse.com/ch/en/privacy.

The Customer acknowledges having read this privacy policy prior to placing any order. Consent to optional processing (in particular direct marketing, advertising personalisation) is the subject of a specific request for consent distinct from the acceptance of these GTC.

14. ADVERTISING COMMUNICATIONS AND COMMERCIAL CANVASSING

14.1. In accordance with Article 3 para. 1 let. o of the Federal Act against Unfair Competition (UCA), the sending of advertising communications by electronic means to the Customer requires the latter's prior consent, unless the communication is addressed to an existing customer for products similar to those previously ordered.

14.2. The Customer may at any time object to the receipt of commercial communications by clicking on the unsubscribe link present in each communication or by contacting the Seller at info.ch@caviarhouse.com. Objecting is free of charge and is taken into account as soon as possible.

15. COMPLAINTS AND DISPUTE RESOLUTION

15.1. Any complaint by the Customer may be addressed to the Seller's customer service by email to info.ch@caviarhouse.com or by post to the address of the Seller's registered office indicated at the head of these GTC.

15.2. The Seller will endeavour to respond to any complaint within a reasonable time and to seek an amicable solution with the Customer.

15.3. In the event of a dispute not resolved amicably, the Customer may, if they wish, apply to a mediation or conciliation body competent in matters of online commerce, such as the Fédération Romande des Consommateurs or the e-commerce mediation service of commerce.swiss. This step remains optional under Swiss law; failing agreement, the Customer retains the possibility of bringing the matter before the competent courts.

16. INVALIDITY AND INDEPENDENCE OF THE CLAUSES

If any of the clauses of these GTC were to be declared void, inapplicable or unenforceable by virtue of a legal provision or a judicial decision that has become final, this invalidity would not affect the validity of the other clauses, which would retain their full effect. The parties would then endeavour to substitute for the invalid clause a valid clause coming as close as possible to the original intention of the parties and to the economic balance of the contract.

17. ENTIRE AGREEMENT

These GTC, supplemented where applicable by the particular conditions communicated to the Customer when a specific order is placed, express the entire agreement between the parties and replace any prior agreement, communication or correspondence relating to the same subject matter.

The fact that the Seller does not, at a given time, avail itself of any of the stipulations of these GTC cannot be interpreted as a waiver of the right to avail itself of them subsequently.

18. ASSIGNMENT

The Customer may not assign the benefit of these GTC to a third party without the prior written agreement of the Seller. The Seller may, on the other hand, freely assign or transfer these GTC to any company of the Caviar House & Prunier group or to a third party in the event of restructuring, merger, partial contribution of assets or transfer of business.

19. GOVERNING LAW AND JURISDICTION

19.1. These GTC and all orders placed on the Site are governed by Swiss law, to the exclusion of the rules of conflict of laws and of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention).

19.2. Any dispute relating to the formation, performance, interpretation or termination of these GTC or of the orders placed on the Site falls within the exclusive jurisdiction of the ordinary courts of the Republic and Canton of Geneva, subject to an appeal to the Swiss Federal Supreme Court.

19.3. However, in accordance with Article 32 of the Swiss Civil Procedure Code (CPC), a consumer domiciled in Switzerland remains free to act at their domicile or at the Seller's registered office; this provision also applies to consumers domiciled in Liechtenstein within the limits of the applicable international conventions.