Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Website: www.caviarhouse.com/uk

We invite you to read these General Terms and Conditions of Sale carefully, as your acceptance of and compliance with them are necessary in order to use the features of the Website and to place orders for the products offered thereon.

GENERAL PRESENTATION

The website https://www.caviarhouse.com/uk/en/ (hereinafter the "Website") is published and operated by the company CHP UK City Limited, a private limited company incorporated under English law, whose registered office is at 161 Piccadilly, St James, London, W1J 9EA, United Kingdom, registered at Companies House under number 10832834, UK VAT number GB 272 3993 75 (hereinafter the "Seller" or "Caviar House & Prunier"), a subsidiary of the Caviar House & Prunier group whose parent company is Caviar House & Prunier Holding SA, a société anonyme incorporated under Swiss law, established in Geneva.

In the course of its business, the Seller offers for sale on the Website premium fine food products, including in particular caviar, 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 Website by the customer (hereinafter the "Customer").

Nothing in these General Terms and Conditions of Sale has the effect of limiting or excluding the rights that the Customer as a consumer derives from the mandatory provisions of UK law, including in particular the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1. SCOPE OF APPLICATION

1.1. The range of goods offered on the Website is addressed exclusively to adult consumers residing in the United Kingdom (England, Wales, Scotland, Northern Ireland) and holding a delivery address on UK territory. Any order for delivery outside these territories will be refused.

1.2. These GTC apply to all orders placed on the Website, as well as to orders placed by telephone, email, SMS, WhatsApp or 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 accept them without restriction or reservation. This acceptance is evidenced, for any order placed on the Website, by the Customer checking the box provided for that purpose prior to confirming the order, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1.4. The GTC are accessible at all times on the Website and may be downloaded and printed by the Customer. The version applicable to the order is the version in force on the date 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 Website.

1.5. Any contrary condition put forward by the Customer and not expressly accepted in writing by the Seller shall not be enforceable against the Seller.

2. CONCLUSION OF THE CONTRACT

2.1. The essential characteristics of the products offered for sale on the Website (nature, origin, composition, weight, price) are presented on each product page, in accordance with Regulation 13 and Schedule 1 of the Consumer Contracts Regulations 2013. Photographs illustrating the products have no contractual value and are provided for illustrative purposes only.

2.2. The Customer selects the products they wish to purchase and adds them to their basket. At any time prior to confirming the order, the Customer may modify the contents of their basket, add or remove products, and verify the accuracy of the information entered.

2.3. Before final confirmation of the order, the Customer is presented with a detailed summary showing the description of the products ordered, their quantity, their unit and total price, the applicable delivery charges, the delivery address, the billing address and the chosen payment method. At this stage the Customer has the opportunity to correct any errors.

2.4. The order is definitively confirmed by the Customer by checking the box accepting these GTC and clicking the payment confirmation button bearing an explicit indication that the order entails an obligation to pay, in accordance with Regulation 14 of the Consumer Contracts Regulations 2013.

2.5. The Customer's click on the confirmation button referred to in Article 2.4 above constitutes an offer to contract (offer) by the Customer addressed to the Seller.

Upon receipt of this offer, the Seller will send to the Customer, at the email address provided, an automatic order acknowledgment confirming receipt of the order and setting out its essential elements. This order acknowledgment does not constitute acceptance of the order by the Seller and does not form the contract of sale.

The contract of sale is definitively concluded when the Seller:

- either sends the Customer a second email expressly accepting the order (order confirmation / dispatch confirmation); or

- proceeds to actually dispatch the products ordered.

Until the Seller has sent the Customer the acceptance confirmation referred to in Article 2.5 or actually dispatched the goods, the Seller retains the right to refuse the order, in particular in the event of:

- unavailability or stock shortage of the products ordered;

- manifest pricing error displayed on the Website;

- serious indications of fraud, misrepresentation or unauthorised use of payment methods;

- a prior dispute relating to payment for a previous order;

- quantities ordered that are manifestly disproportionate to personal and private use;

- impossibility of delivering to the address provided by the Customer.

In the event of refusal of the order, the Seller will inform the Customer as soon as possible at the email address provided and will make a full and immediate refund of any sums paid, without any compensation being due to the Customer.

2.6. The Seller reserves the right to refuse or cancel any order placed by a Customer in the event of a prior dispute relating to payment for a previous order, where the quantities ordered are manifestly disproportionate to personal use, or where there are serious indications of fraud or misrepresentation.

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

3. CREATION AND USE OF THE CUSTOMER ACCOUNT

3.1. To place an order on the Website, the Customer may be invited to create a customer account. Account creation is free of charge and requires the communication of personal data, the list of which appears on the registration form.

3.2. 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 login credentials 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.

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

3.5. The Customer may at any time delete their account in accordance with the procedures described on the Website. Deletion of the account results in the erasure of the associated data, subject to the retention periods required by law, in particular in relation to accounting (Companies Act 2006, section 388 and HMRC record-keeping requirements).

3.6. The Seller may suspend or close a Customer's account in the event of a serious breach of these GTC, following prior notification by electronic means setting out the reason and giving the Customer the opportunity to submit their observations, unless urgency justifies an immediate measure (including in particular serious indications of fraud).

4. PRICES

4.1. The prices of products displayed on the Website are expressed in pounds sterling (GBP), inclusive of all taxes (including applicable UK VAT), excluding delivery charges. The applicable delivery charges are indicated separately before final confirmation of the order, in accordance with Regulation 13(1)(f) of the Consumer Contracts Regulations 2013.

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

4.3. Any applicable discounts, promotions or promotional codes appear on the order summary before confirmation.

5. PAYMENT CONDITIONS

5.1. Payment methods

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

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

By bank transfer, for orders placed by telephone. The order is confirmed and the products reserved only upon actual receipt of funds, which may take up to three (3) business days;

By credit or debit card (Visa, Mastercard, American Express), with payment processed by our payment service provider Stripe Payments Europe, Limited, a company incorporated under Irish law, whose registered office is at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin 2, Ireland. Transactions are secured in accordance with PCI-DSS (Payment Card Industry Data Security Standard) security standards, ensuring the protection of the Customer's banking data. The debit to the Customer's card is made upon order confirmation.

The Seller retains no complete banking data of the Customer. Payment is irrevocable, except in the event of fraudulent use, in which case the Customer is invited to contact their financial institution as soon as possible.

5.2. Retention of title

In accordance with section 19 of the Sale of Goods Act 1979, the Seller retains ownership of the products ordered until full payment of the price has been made by the Customer. However, the transfer of risk shall occur in accordance with Article 6.4 below.

6. DELIVERY AND TRANSFER OF RISK

6.1. Delivery zone and timeframes

The Seller delivers exclusively to UK territory (England, Wales, Scotland, Northern Ireland), within an indicative timeframe of one (1) business day from order confirmation.

In accordance with section 28 of the Consumer Rights Act 2015, unless the Customer expressly agrees to a different timeframe, products will be delivered within a period not exceeding thirty (30) days from the conclusion of the contract. In the event of a delay not attributable to the Customer, the Customer may serve formal notice on the Seller to deliver within a reasonable additional period. Failing performance within that period, the Customer may withdraw from the contract and obtain a full refund of sums paid within fourteen (14) days.

6.2. Delivery options

The Customer may choose from the following delivery options when placing their order:

Next Day delivery: for any order placed before 10:30 a.m. Monday to Friday, delivery on the following business day before 5:00 p.m. — £12.95;

Next Day before 12pm delivery: for any order placed before 10:30 a.m. Monday to Friday, delivery on the following business day before 12:00 noon — £15.95;

Saturday delivery: for any order placed before 10:30 a.m. on Friday, delivery on Saturday — £18.95;

Same Day delivery: available on request, to be confirmed with the London Piccadilly store at +44 (0)208 754 8497.

Orders placed after 10:30 a.m. are processed on the following business day. Sunday delivery is not available. Exclusions may apply to certain geographical areas.

6.3. Delivery charges

Delivery is free of charge for any order of two hundred and fifty pounds sterling (£250) or more. The Customer must nevertheless select their preferred delivery option at checkout.

6.4. Transfer of risk

In accordance with section 29 of the Consumer Rights Act 2015, the risk of loss or deterioration of the products passes to the Customer at the moment when the Customer, or a person designated by them (other than the carrier), takes physical possession of the products.

The Seller therefore bears the risks associated with transport up to actual delivery of the products to the Customer. However, where the Customer has arranged transport using a carrier of their own choosing (not proposed by the Seller), the risk passes to the Customer upon handing over the products to the carrier.

6.5. Cold chain and obligation to take delivery

Fresh products (caviar, smoked salmon) are delivered in an insulated packaging containing frozen cooling elements to maintain the cold chain up to the delivery address.

It is the Customer's responsibility to take all necessary measures to ensure that the products are actually received at the stated delivery address, in particular by being present at the time of delivery or by providing a suitable address (such as a business address). The Seller shall not be held liable for any break in the cold chain resulting from the Customer's absence or an inadequate delivery address, subject to the mandatory provisions of the Consumer Rights Act 2015.

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 conclusion of the contract, certain products cannot be delivered for reasons not attributable to the Seller, the Customer may, in respect of the undelivered part, request a refund of the corresponding amounts.

6.7. Receipt of products

Upon receipt of the delivery, the Customer is invited to check the condition and conformity of the products delivered. Any complaint relating to the quantity, quality or apparent conformity of the products must be sent to the Seller as soon as possible, and no later than twenty-four (24) hours after delivery, accompanied by photographs of the product and its label, by email to info.uk@caviarhouse.com. This obligation of prompt notification does not affect the Customer's rights under the Consumer Rights Act 2015, in particular the right to goods conforming to contract (sections 9 to 18).

7. SPECIFIC PRODUCT CHARACTERISTICS AND RESTRICTIONS

7.1. Perishable nature of products

The products sold on the Website, 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: refrigerated storage, outside the insulated packaging;

- dry products: stored in a cool, dry place, away from moisture.

Products must be consumed before the use-by date indicated on their packaging.

7.2. Sale of products containing alcohol

The sale of products containing alcohol (wines, spirits, etc.) is strictly prohibited to persons under eighteen (18) years of age, in accordance with the Licensing Act 2003. By placing an order, the Customer warrants that they are at least eighteen (18) years of age and are entitled to purchase the products ordered. The Seller operates a "Challenge 25" policy and reserves the right to request proof of age upon delivery and to refuse to hand over the products in the event of doubt.

7.3. Availability

Product offers presented on the Website are valid while they remain visible on it, subject to available stock. In the event of a product being unavailable after an order has been placed, the Seller will inform the Customer as soon as possible and will, at the Customer's choice, either deliver an equivalent substitute product or refund the corresponding amount.

7.4. Personal use and prohibition on resale

Products ordered on the Website are intended for the Customer's personal and private use. Any commercialisation, resale or use for professional purposes is subject to the Seller's prior express consent.

8. RIGHT OF WITHDRAWAL

8.1. Principle

In accordance with Regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a consumer Customer is in principle entitled to a fourteen (14) day period in which to exercise their right of cancellation, without having to give any reason for their decision and without incurring any costs other than those provided for under the regulations. This period runs from the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the products.

8.2. Statutory exception applicable to perishable products

However, in accordance with Regulation 28(1)(d) of the Consumer Contracts Regulations 2013, the right of cancellation does not apply to the supply of goods that are liable to deteriorate or expire rapidly ("perishable goods"). Accordingly, the right of cancellation provided for in Regulation 29 cannot be exercised for orders relating to caviar, smoked salmon and all perishable foodstuffs offered on the Website.

In accordance with Regulation 28(1)(e), the right of cancellation also does not apply to the supply of sealed goods which cannot be returned for reasons of health protection or hygiene, once unsealed after delivery.

In accordance with Regulation 28(1)(g) of the Consumer Contracts Regulations 2013, the right of cancellation also does not apply to the supply of alcoholic beverages whose price was agreed at the time the contract was concluded and the delivery of which cannot take place before thirty (30) days, where the value of the product depends on fluctuations in the market beyond the Seller's control.

8.3. Other eligible products

For products that do not fall within the above exceptions (such as accessories, utensils, non-perishable items), the right of cancellation may be exercised in accordance with the procedures provided for in Regulation 32 of the Consumer Contracts Regulations 2013, by means of any clear statement of the intention to cancel (email, postal letter, online form), addressed to the Seller at info.uk@caviarhouse.com. A withdrawal form template is annexed to these GTC.

In the event of valid cancellation, any sums paid (except, where applicable, any additional delivery charges resulting from the choice of a more expensive delivery method than the standard method offered) will be refunded within fourteen (14) days of receipt of the returned products or proof of their dispatch. Return costs are payable by the Customer.

9. CONFORMITY, QUALITY AND STATUTORY GUARANTEES

9.1. In accordance with sections 9 to 18 of the Consumer Rights Act 2015, the products delivered to the Customer must:

- be of satisfactory quality (section 9);

- be fit for the particular purpose made known to the Seller (section 10);

- match their description (section 11), as well as any samples or models presented (sections 13 and 14).

9.2. In the event of non-conformity of a product with these requirements, the Customer has the following rights in accordance with sections 19 to 24 of the Consumer Rights Act 2015:

- within thirty (30) days of delivery: the right to a full refund (short-term right to reject – section 22);

- thereafter: the right to repair or replacement (section 23), and, where this fails, the right to a price reduction or a final right to reject (section 24).

9.3. For perishable products (caviar, smoked salmon), any complaint relating to quality or conformity must be submitted as soon as possible after receipt, and ideally within twenty-four (24) hours of delivery, accompanied by photographs of the product and its label, to info.uk@caviarhouse.com. This obligation of prompt notification is justified by the perishable nature of the products and does not affect the Customer's statutory rights.

9.4. The Seller will, as appropriate, make a refund, provide a replacement or take any other appropriate measure in accordance with the Customer's rights. The cost of returning non-conforming products is borne by the Seller.

9.5. The warranty does not apply in the event of improper storage, deterioration attributable to the Customer, a break in the cold chain after delivery, use contrary to the instructions, or damage resulting from a force majeure event.

10. LIABILITY

10.1. The Seller undertakes to use its best efforts to ensure the quality of the products, the security of transactions and the proper functioning of the Website.

10.2. In accordance with section 65 of the Consumer Rights Act 2015, the Seller may not limit or exclude its liability for death or personal injury resulting from negligence. Similarly, in accordance with sections 31, 47 and 57 of the Consumer Rights Act 2015, the Seller may not limit or exclude the Customer's statutory rights as a consumer in relation to the conformity of goods and services.

10.3. Subject to the mandatory provisions above, the Seller's liability is limited to direct and foreseeable damage arising directly from a breach of its contractual obligations. The Seller shall not be held liable for any indirect loss, loss of profit, loss of business or other purely consequential damage.

10.4. The Seller's liability may not be engaged in the following circumstances in particular:

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

- break in the cold chain after actual delivery of the products to the Customer;

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

- force majeure within the meaning of Article 11 below;

- act of a third party for which the Seller is not legally required to be responsible;

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

11. FORCE MAJEURE

11.1. Neither party shall be held liable for the non-performance or delay in performance of their obligations resulting from a force majeure event, that is to say an unforeseeable, irresistible and external event beyond the reasonable control of the party invoking it.

11.2. The following are considered force majeure events, without this list being exhaustive: natural disasters, epidemics and pandemics, wars and terrorist acts, general strikes, measures taken by public authorities resulting in an interruption of activity, and significant failures of communications or transport infrastructure.

11.3. The party invoking force majeure shall inform the other party as soon as possible. Performance of the obligations shall be suspended for the duration of the event. If the impediment exceeds thirty (30) days, either party may terminate the contract without compensation, subject to reimbursement of any sums paid by the Customer for services not performed.

12. INTELLECTUAL PROPERTY

12.1. All elements of the Website — including in particular the trademarks BALIK, CAVIAR HOUSE & PRUNIER and all other trademarks used by the group, the logos, texts, photographs, illustrations, videos, databases, computer code and graphic design — are protected by intellectual property law and remain the exclusive property of Caviar House & Prunier Holding SA or its rights holders, from whom CHP UK City Limited holds an operating licence for UK territory.

12.2. Any reproduction, representation, modification, adaptation, translation or exploitation, in whole or in part, by any means whatsoever, without the prior express authorisation of the rights holder is strictly prohibited and constitutes an infringement of intellectual property rights punishable under UK law, including in particular the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994.

12.3. The Customer acquires no intellectual property rights in the Website content by virtue of consulting it or placing an order. The Customer is granted only a personal and private right of use of the Website's content, to the exclusion of any commercial exploitation.

13. PERSONAL DATA PROTECTION

The processing of the Customer's personal data is governed by the UK General Data Protection Regulation ("UK GDPR"), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("PECR"). The terms and conditions of collection, processing, retention and disclosure of personal data, as well as the rights available to the Customer (right of access, rectification, erasure, restriction, portability, objection, etc.), are detailed in the privacy policy accessible at: Privacy Policy

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

14. COMMERCIAL COMMUNICATIONS BY ELECTRONIC MEANS

14.1. In accordance with Regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("PECR"), the sending of advertising communications by electronic means to the Customer requires the Customer's prior consent.

14.2. For existing customers, the Seller may send commercial communications relating to products or services analogous to those previously ordered, in accordance with the "soft opt-in" regime provided for in Regulation 22(3) PECR, provided that the Customer is offered the simple and free-of-charge ability to object to such communications at each sending.

14.3. The Customer may at any time object to receiving commercial communications by clicking the unsubscribe link included in each communication or by contacting the Seller at info.uk@caviarhouse.com

15. COMPLAINTS AND DISPUTE RESOLUTION

15.1. Any complaint from the Customer may be sent to the Seller's customer service by email at info.uk@caviarhouse.com or by post to the Seller's registered office address as shown at the head of these GTC.

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

15.3. In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, the consumer Customer is informed of the existence of out-of-court dispute resolution (ADR) procedures.

16. UNFAIR TERMS

In accordance with Part 2 of the Consumer Rights Act 2015 (sections 61 to 76), no provision of these GTC has the effect of creating a significant imbalance between the rights and obligations of the parties to the detriment of the consumer Customer. Any term found to be unfair by a competent court shall be deemed unwritten, without affecting the validity of the other provisions of these GTC.

17. SEVERABILITY AND INDEPENDENCE OF CLAUSES

If any of the clauses of these GTC is declared null, inapplicable or unenforceable, such nullity shall not affect the validity of the other clauses, which shall retain their full effect. The parties shall endeavour to substitute for the invalid clause a valid clause that most closely reflects the original intention of the parties and the economic balance of the contract.

18. ENTIRE AGREEMENT AND WAIVER

These GTC, supplemented where applicable by any specific conditions communicated to the Customer when placing a specific order, constitute the entire agreement between the parties and supersede all prior agreements, communications or correspondence relating to the same subject matter.

The fact that the Seller does not, at any given time, avail itself of any of the provisions of these GTC shall not be construed as a waiver of the right to do so at a later stage.

19. ASSIGNMENT

The Customer may not assign the benefit of these GTC to a third party without the Seller's prior written consent. The Seller may, however, freely assign or transfer these GTC to any company in the Caviar House & Prunier group or to a third party in the event of a restructuring, merger, partial asset contribution or business transfer.

20. THIRD PARTY RIGHTS

In accordance with the Contracts (Rights of Third Parties) Act 1999, no provision of these GTC has the effect of conferring on a third party any benefit of the rights set out herein, unless expressly stated otherwise.

21. GOVERNING LAW AND JURISDICTION

21.1. These GTC and all orders placed on the Website are governed by the law of England and Wales.

21.2. Any dispute relating to the formation, performance, interpretation or termination of these GTC or orders placed on the Website shall fall within the jurisdiction of the courts of England and Wales.

21.3. However, in accordance with section 32(1) of the Civil Jurisdiction and Judgments Act 1982 and applicable provisions, a consumer Customer residing in Scotland or Northern Ireland retains the right to bring proceedings before the courts of their place of residence.