I - Presentation of the seller and distributor

The website www.rova-caviar.com (the "Website") offers, among other things, online sales of products marketed under the ROVA CAVIAR brand. The marketing, sale, preparation and distribution of orders placed on the Website are handled by K.V.R. (hereinafter "K.V.R." or the "Seller").

II - Pre-contractual information

Before placing an order, the Customer acknowledges having received, in a legible and comprehensible manner, these terms and conditions of sale and all information required in particular by Articles L. 111-1 and L. 221-5 of the French Consumer Code.

The Customer declares that they have the legal capacity to enter into the contract and acquire the products for their personal needs or, if acting on behalf of a legal entity, for needs unrelated to its professional activity.

III - Scope and purpose

These terms and conditions of sale govern distance sales made on the Website between K.V.R. and any consumer or non-professional (the "Customer"). They do not govern sales made for the purposes of a professional activity, which may be subject to separate terms.

Validation of an order constitutes full and complete acceptance of these terms and conditions of sale and of the specific conditions displayed at the time of the order. Before final validation, the Customer may check the details and total price of the order and correct any errors.

K.V.R. may amend these terms at any time. The applicable terms are those in force on the date the Customer validates the order.

IV - Product characteristics

Each product is presented with its essential characteristics, including its name, weight or quantity and price. Customers are invited to read this presentation carefully before ordering.

Photographs and visuals are provided for illustrative purposes and are not contractual. A minor variation in presentation or packaging that does not affect the essential characteristics of the product does not constitute a lack of conformity.

Caviar and other refrigerated foodstuffs are perishable products. The Customer must comply with the storage conditions and use-by date shown on the packaging.

V - Product availability

Offers are valid while stocks last.

If a product becomes unavailable after the order has been validated, K.V.R. will inform the Customer by email or telephone, where possible within twenty-four business hours. The Customer may then choose:

• to defer delivery until the product is restocked, where possible;
• to replace the unavailable product with an equivalent product, with their express consent;
• to cancel all or part of the order and receive the corresponding refund without undue delay.

VI - Orders

To place an order, the Customer must:

• provide the requested information accurately;
• select the desired products and quantities;
• check the order summary and, where applicable, correct any input errors;
• accept these terms and conditions of sale;
• validate the order with an obligation to pay and pay the price according to the proposed terms.

Where account creation is offered, the Customer remains responsible for keeping their login details confidential. Any use of these details is presumed to have been made by the Customer, unless there is evidence of fraudulent use beyond their control.

The contract is concluded when K.V.R. sends the Customer an email confirming acceptance of the order. This confirmation includes the essential sales information on a durable medium.

The Customer is responsible for the accuracy of the billing and delivery details provided. They must report any error as soon as possible to commande@kvr.pro or contact@rova-caviar.com. Additional costs actually incurred as a result of incorrect or incomplete information may be charged to the Customer where directly attributable to them.

K.V.R. reserves the right to refuse or cancel an order for a legitimate reason, including a previous payment incident, suspected fraud, an abnormal order or a request clearly incompatible with a non-professional purchase.

VII - Prices

The applicable prices are those displayed on the Website when the order is validated. They are expressed in euros and include all taxes, at the VAT rate applicable on the date of the order.

Unless otherwise stated, prices include packaging but exclude delivery costs. These costs are shown before final validation of the order. Any change in the VAT rate is passed on in accordance with applicable regulations.

VIII - Payment terms

The price is payable in full when the order is placed. All orders must be paid immediately and in euros.

The Customer pays for the order using the payment methods offered on the Website. Online payments are processed by the secure payment provider indicated during the order, according to the security protocols it implements.

The order cannot be shipped until the price and delivery costs have been collected in full. K.V.R. may suspend or cancel any order in the event of payment authorization refusal, non-payment or a payment incident.

IX - Delivery area, times and costs

Online sales are reserved for delivery addresses in metropolitan France, Monaco, Luxembourg, Belgium and Spain, unless another destination is expressly offered during the order.

The applicable delivery period or date is indicated to the Customer before the order is validated. The usual delivery period is two to three business days from validation of the order, subject to product availability. If no period is indicated, delivery will take place without undue delay and no later than thirty days after conclusion of the contract.

For any order confirmed Monday through Thursday, excluding public holidays, shipment may take place the same day or the following day, subject to stock availability. Orders confirmed Friday through Sunday are normally shipped on the next business day, subject to the same conditions.

Delivery costs are calculated automatically and displayed before final validation. In metropolitan France, delivery is free for orders of €150 including VAT or more, after any promotional discounts have been applied. For orders below €150 including VAT, delivery costs in metropolitan France are €20 including VAT. Delivery costs are €20 including VAT for Monaco and €40 including VAT for Luxembourg. For Belgium, Spain and any other destination expressly offered during the order, the rate displayed on the Website before final validation applies.

X - Delivery terms

Deliveries are made by Chronofresh or another carrier, including a refrigerated carrier where required by the nature of the products, as indicated to the Customer during the order.

The Customer must provide all information necessary for normal delivery: recipient's name, complete address, access code, floor, landline and preferably mobile telephone numbers, and any useful instructions. Deliveries to post office boxes are not accepted.

The Customer or recipient should check, in the presence of the delivery driver where possible, the apparent condition of the parcel and the number of parcels delivered. In the event of damage, missing items or an obvious anomaly, it is recommended that the parcel be refused or precise reservations be made on the delivery note and that K.V.R. be informed immediately at commande@kvr.pro or contact@rova-caviar.com. Failure to make reservations does not deprive the Customer of the benefit of legal warranties.

K.V.R. is fully liable for proper performance of the order until the Customer or a third party designated by them, other than a carrier proposed by K.V.R., physically takes possession of the products, subject to the statutory grounds for exemption.

If the recipient is absent, the Customer must follow the carrier's instructions without delay. Given the perishable nature of the products, any new delivery attempt or collection must take place within the period communicated by the carrier and, where possible, within twenty-four business hours. K.V.R. cannot be held liable for deterioration directly caused by the recipient's absence, late collection or incorrect or incomplete delivery information attributable to the Customer.

If the announced delivery period is exceeded, the Customer may formally require K.V.R. to deliver within a reasonable additional period, and then terminate the contract if delivery does not take place within that period. Where the delivery date is an essential condition of the contract and K.V.R. was informed of this before the order, the Customer may terminate the contract immediately in accordance with the law. Amounts paid will then be refunded no later than fourteen days after termination.

XI - Right of withdrawal and perishable products

Exclusion concerning caviar and perishable foodstuffs. In accordance with Article L. 221-28, 4° of the French Consumer Code, the right of withdrawal cannot be exercised for goods likely to deteriorate or expire rapidly. Consequently, orders for caviar and any gift set containing caviar are not eligible for the fourteen-day withdrawal period. The right of withdrawal is also excluded for products unsealed after delivery that cannot be returned for reasons of hygiene or health protection.

Non-perishable products. For non-perishable products to which no statutory exclusion applies, including accessories, a consumer Customer has fourteen days from receipt of the goods to notify their decision to withdraw, without having to give a reason.

The decision may be sent by post to K.V.R. - 4 place du Château - 93390 Clichy-sous-Bois - France, or by email to commande@kvr.pro or contact@rova-caviar.com, using the pre-filled form available by clicking this link or any unambiguous declaration.

The Customer must return the goods to the same address, at their own expense, no later than fourteen days after notifying their decision. The goods must be returned complete and properly protected. The Customer is liable only for depreciation resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

K.V.R. will reimburse the amounts paid, including standard delivery costs, without undue delay and no later than fourteen days from the date on which it is informed of the withdrawal decision. K.V.R. may defer reimbursement until it has recovered the goods or received proof of dispatch, whichever occurs first. Reimbursement is made using the same payment method, unless expressly agreed otherwise and at no cost to the Customer.

XII - Legal warranties

The products sold benefit from the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Clarification applicable to perishable products. The statutory two-year period mentioned above is not a storage period and does not extend the use-by date shown on the packaging. Caviar conformity is assessed in light of its perishable nature, use-by date and continuous compliance with storage conditions between 0 °C and +4 °C. Normal deterioration after the use-by date, or resulting from a break in the cold chain attributable to the Customer, does not constitute a lack of conformity. Any anomaly must be reported as soon as it is discovered and, where possible, before consumption and before expiry of the use-by date, without prejudice to the Customer's statutory rights.

Any claim under the legal warranties must be sent to K.V.R., 4 place du Château, 93390 Clichy-sous-Bois, or to commande@kvr.pro or contact@rova-caviar.com, together with information identifying the order and enabling assessment of the alleged defect. The perishable nature of certain products requires any anomaly to be reported as soon as possible, without this recommendation reducing the Customer's statutory rights.

XIII - Liability and force majeure

K.V.R. is fully liable for the proper performance of its obligations under the distance contract. It may be exempted from all or part of its liability by proving that the non-performance or improper performance is attributable to the Customer, an unforeseeable and unavoidable act of a third party to the contract, or a force majeure event under French law and case law.

K.V.R. cannot be held liable for damage resulting from use of the Website contrary to its intended purpose or from a malfunction outside its systems that it could not reasonably prevent, without prejudice to mandatory statutory provisions applicable to consumers.

XIV - Intellectual property

The trademarks, logos, texts, photographs, illustrations, graphic elements, videos, sounds, software and, more generally, all elements accessible on the Website are protected by applicable intellectual property rights. They belong to their respective owners and are used by K.V.R. with the necessary authorizations.

Any reproduction, representation, use, adaptation or distribution, in whole or in part, of an element of the Website is prohibited without the prior written authorization of the relevant rights holder. Any hyperlink to the Website requires K.V.R.'s prior written agreement, unless otherwise provided by law.

XV - Personal data

K.V.R. acts as the data controller for the personal data necessary to manage the customer account, orders, payments, delivery, complaints, after-sales service, fraud prevention and, where the Customer has consented, commercial communications.

Data is processed on appropriate legal bases, including performance of the contract, compliance with legal obligations, K.V.R.'s legitimate interest or the Customer's consent. It may be shared, within the scope of their duties, with payment providers, carriers, hosts and technical providers, as well as legally authorized authorities. Data is retained for the periods necessary for the purposes pursued and K.V.R.'s legal obligations.

In accordance with Regulation (EU) 2016/679 and the amended French Data Protection Act, the Customer has, subject to applicable conditions, rights of access, rectification, erasure, restriction, objection and portability, as well as the right to withdraw consent at any time. They may exercise their rights by contacting K.V.R. at commande@kvr.pro or contact@rova-caviar.com, or by post at the registered office. They may also lodge a complaint with the CNIL.

For more information, the Customer may consult the Website's privacy policy at https://rova-caviar.com/fr-FR/page/politique-de-confidentialite.

In accordance with Article L. 223-2 of the French Consumer Code, the Customer may register free of charge on the Bloctel telephone canvassing opt-out list at www.bloctel.gouv.fr.

XVI - Evidence and archiving

The computerized records kept by K.V.R. and its providers under reasonable security conditions constitute evidence of communications, orders, payments and transactions between the parties, without depriving the Customer of the possibility of providing contrary evidence by any legally admissible means.

When an electronically concluded contract concerns an amount equal to or greater than €120, K.V.R. retains it for ten years under the conditions provided for by Articles L. 213-1, D. 213-1 and D. 213-2 of the French Consumer Code. The Customer may request access by contacting commande@kvr.pro or contact@rova-caviar.com.

XVII - Applicable law and competent jurisdiction

These terms and conditions of sale and contracts concluded on the Website are governed by French law, subject to any mandatory and more protective provisions applicable to the consumer Customer.

In the event of a dispute, the Customer is invited first to send a written complaint to K.V.R. at commande@kvr.pro or contact@rova-caviar.com. In the absence of an amicable agreement or mediation, the dispute may be brought before any court with jurisdiction under the rules of civil procedure. Consumers may in particular refer the matter to the court of their domicile under the conditions provided by law.

XVIII - Newsletter

When subscribing to the newsletter, K.V.R. collects the information necessary to send the requested communications, including first name, surname and email address. Subscription is based on the data subject's consent, which may be withdrawn at any time by clicking the unsubscribe link in each message or by writing to contact@rova-caviar.com.

XIX - Consumer mediation

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, a consumer Customer may use a consumer mediator free of charge to seek an amicable solution to a dispute with K.V.R., after sending a written complaint to customer service and subject to the applicable admissibility requirements.

The mediator appointed by K.V.R. is the Paris Mediation and Arbitration Centre (CMAP), 39 avenue Franklin D. Roosevelt, 75008 Paris - telephone: +33 (0)1 44 95 11 40.

The request may be submitted using the CMAP consumer mediation referral form available at https://www.cmap.fr/saisir-cmap-mediation-consommation/. Mediation remains optional and does not deprive the Customer of the right to bring proceedings before the competent court.