We deliver to Europe only.
No more deliveries to USA or Canada. For any other request please contact us.
The French-cheese team
By connecting to the website www.french-cheese.com, the customer agrees to accept the General Terms and Conditions in full.The General Conditions are applicable to all orders placed with EURL Xavier. All business with EURL Xavier will be governed by the General Terms and Conditions. This contract is governed exclusively by French law. All disputes or litigation shall be settled by the competent court of Toulouse, France, the headquarters of EURL Xavier.
A. GENERAL PROVISIONS :
The website www.french-cheese.com (defined as « the site ») was conceived by EURL Xavier. All rights, title and interest in the site are the exclusive property of EURL Xavier. All copying and/or downloading of the site, either in part or in its entirety, is prohibited unless expressly authorized by written prior permission from EURL Xavier. However, the creation of hypertext links to the site is authorized.
B. PROVISIONS CONCERNING THE PLACEMENT OF ORDERS AND CONCLUSION OF CONTRACTS :
Article 1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Customer, by completing and confirming his order on the site and clicking on the button confirm the order, agrees to completely accept the General Terms and Conditions. All contracts thus concluded will be governed by the General Terms and Conditions.
Article 2. ORDER CONFIRMATION AND CONCLUSION OF CONTRACTS
The commercial proposition for sale of products on the site of EURL Xavier has no contractual character : the offer is not considered to be legally binding or permanent. The conclusion of a contract or of an order will only be completed after payment validation and confirmation of the order by EURL Xavier. EURL Xavier will confirm the order to the customer by way of e-mail. The confirmation or, if need be, the refusal of the order’s acceptance, will be communicated to the customer a maximum of 72 hours following reception of the order. EURL Xavier reserves the right to not register payment and thus to not confirm an order for any reason : in particular, a problem supplying the products, a problem with a received order, or a forseeable problem with the delivery. Once the order is confirmed by both parties, the customer cannot cancel it for any reason unless the total payment amount shown in the order confirmation exceeds by 5% the total payment amount shown on the site. In that case, the customer may cancel his order by fax at +33 (0)5 34 45 59 44 within 3 hours of receipt of the confirmation sent by EURL Xavier.
Article 3. OBLIGATIONS OF THE PARTIES
3.1 Obligations of EURL Xavier : Should EURL Xavier accept an order and the payment of this order be completed, EURL Xavier agrees to have the merchandise delivered using its own designated carrier, no later than 2 working days after acceptance of the order. Likewise, EURL Xavier agrees to transfer the merchandise to the carrier no later than 2 business days following the acceptance of the order.
3.2 Obligations of the customer :
The customer agrees to indicate on his order form an address at which delivery can be made during business hours. He also agrees to pay the price indicated for the services provided by EURL Xavier (price of the merchandise and transportation). He also agrees to pay, or to have paid, the forwarding agent or carrier : customs duties, value-added taxes, or any other taxes due upon importation into the destination country. The customer shall not resell the merchandise. All orders placed by a customer are for his personal use or for the use of the person to whom the products will be delivered. In the latter case, the customer agrees to accept the General Terms and Conditions on behalf of the recipient, who will, in this context, be considered the customer.
Article 4. SPECIFIC PROVISIONS
4.1 Prices, customs duties, value-added taxes :
The price indicated in the order confirmation sent by EURL Xavier is the final price. It includes the price of the products, handling fees, packaging, storage and transportation, as well as the taxes for exportation outside of France. The price is expressed in Euros, any amounts shown in other currencies being given only for estimation purposes.
4.1.1 Recipients in the European Union :
When not otherwise shown, this price includes all French taxes. Thus, no customs duties or value added taxes shall be due for deliveries in the European Union.
4.1.2 Recipients outside the European Union :
The recipient or the person signing for receipt of the merchandise agrees to immediately pay the carrier the possible customs duties and various taxes that the carrier may have advanced on behalf of the customer.
4.2 Payment and invoicing :
Payments will be accepted by bank credit card. The debit of the customer’s account will take place in Euros, upon acceptance of the contract by EURL Xavier. An invoice can be established by EURL Xavier, at the customer’s request, who must indicate the address to which the invoice should be sent.
4.3 Transportation, delivery and delivery time :
The products will be delivered to the address indicated on the order form, within a period of one to nine business days after the order confirmation, unless the payment is rendered invalid for any reason. Saturday delivery : A charge, the amount of which will be shown at the time of the order, will be added to all Saturday deliveries, if FedEx offers this service for the requested destination (subject to zip code verification). The delivery time periods are given only for estimation purposes and vary according to the country of delivery. EURL Xavier will not be held liable for exceeding the delivery time periods shown on the site or on the delivery confirmation sent by the site. Should the recipient be absent and there be no one else able to receive the package, the carrier will leave a delivery notice at the delivery address indicated by the customer, requesting him to contact the carrier for either another delivery attempt (with a maximum of 3 delivery attempts) or for pick-up of the package at a location indicated by the carrier. The products being of a perishable nature, EURL Xavier will in no case be held liable for any deterioration of the them should no one be able to receive the package on the first delivery attempt, or should the merchandise not be picked up or be picked up late from the carrier.
4.4 Transfer of risk :
The tranfer of risk of the products occurs when they are given to the carrier by EURL Xavier. Thus, the merchandise travels at the customer’s risk.
4.5 Qualification upon receipt – No returns –
Limited rights to reimbursements and replacements :
The customer may only make a claim upon delivery if the products delivered do not correspond quantitatively to those ordered, or if the packaging shows signs of severe damage.
All claims must be filed with the carrier, in writing on the delivery slip, at the moment of receipt of the merchandise. A copy of this claim must be sent to EURL Xavier either by fax or by e-mail, no later than 12 hours after observation of the problem. Along with the claim, the customer must also furnish the carrier’s confirmation of the validity of the customer’s claim. No return of the products will be accepted. If it is shown that the above procedure is respected, and thus, it is proven that the claims are a result of severe damage to the package and products, EURL Xavier will, at the customer’s choice, either reimburse the customer the price paid or will make a new delivery of similar products.
If the delivery does not correspond quantitatively to the order, EURL Xavier will only reimburse the difference between the price of the products ordered and those delivered, should there be any missing products.
In the case of an unforseen shortage of stock, EURL Xavier reserves the right to substitute without warning a similar product of greater or equal value and weight for the missing product. No claims will be accepted with respect to the taste, appearance or freshness of the products. The same principle applies to the weight and volume of the products, which can vary slightly as a result of the maturing process or of the transportation conditions.
4.6 Limited guarantee :
EURL Xavier guarantees that the goods have been produced in Europe in accordance with European legislation or that of the country of origin, and that they have been cared for correctly so as to ensure their conformity with the description shown on the site at the order date.
4.7 Liability – Limitation of liability :
The customer alone is responsible for the choice of products, and for their conservation from their delivery until consumption. The customer should not consume products after the indicated expiration date, or if the products appear to be deteriorated (from the heat, from transportation problems or for any other reason). In no case will EURL Xavier be held liable for any damage resulting from these causes. Likewise, since EURL Xavier is only responsible for respecting current French regulations relative to its products, EURL Xavier cannot be held liable for not respecting the current regulations or legislation in the destination country. Thus, it is the customer’s responsibility to verify in advance that the importation and consumption of these products is authorized in the destination country. Whatever the cause, and whatever the motive for questioning EURL Xavier’s liability, the responsibility of EURL Xavier will be limited to the price of the order.
4.8 Warning statement :
The products offered are mainly produced from raw milk (a potential carrier of pathogenic bacteria). We recommend that sensitive individuals, especially pregnant women and immunodeficient individuals, not consume these products. The customer is solely responsible for the consumption of these products.
Article 5. INVALIDITY-ACTS OF GOD-APPLICABLE LAW-COMPETENT COURTS
Should any of the General Terms and Conditions be declared inapplicable or invalid for any reason, the invalidated portion will not affect the application or validity of the other General Terms and Conditions. Neither EURL Xavier nor the customer will be held liable for not fulfilling the terms of the contract in the event of an Act of God, including, but not limited to the following : a change in legislation, war, riot, political uprising, transportation disruption, strike, importation or exportation problems, lock-out, shortage of stock, fire, earthquake, storms, flood.
This document has been translated from the original French version for guidance purposes only. Any questions regarding its interpretation shall be settled by the original document. The above General Terms and Conditions are governed exclusively by French law. All litigations or disputes shall be brought before the competent court of Toulouse, France.
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