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Terms of Sales
These conditions govern sales on the websites of Comtesse du Barry SA, www.comtessedubarry.com & www.comtessedubarry.fr, concluded between a non-trading natural person and the Comtesse du Barry company.
The Comtesse du Barry company is a simplified joint stock company with capital of 1,630,496 euros whose registered office is located on Route du Touget, 32200 GIMONT, France and registered in the AUCH Trade and Companies Register under number 396 720 310 , whose intra-community VAT number is VAT FR42 396 720 310.
These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales.
The Comtesse du Barry company reserves the right to modify its general conditions of sale. These will be applicable from the date they go online and will apply to orders placed from that date.
1. The Comtesse du Barry offer
2. Availability of items
3. Confirmation of your order
4. Contribution to shipping and processing costs
5. Terms of payment
6. Processing times for your order and its delivery
7. Duties and taxes, customs
8. Legal and applicable guarantees, right of withdrawal
9. Security and confidentiality
10. Intellectual property
I. The Comtesse du Barry offer :
Period of validity :
Offers on the site are valid while they are online.
We advise you: * To store them in a dry and cool place. * Never open a leaky or domed box but return it to us in Gimont. It will be replaced or refunded at no other cost. * Keep semi-preserved (semi-cooked foie gras, caviar, salmon, etc.) or fragile products (cured meats) in the refrigerator that you will consume within the time specified on the packaging. Careful reading of the labels will provide you with very useful details, in particular the preparation or presentation of our specialties.
Territorial scope :
The offers are valid for any purchase made online, without geographical limitation, unless otherwise stated.
Certain products are not available for shipment outside mainland France, in particular, but not exclusively, products requiring respect for the cold chain (example: semi-preserves). Spirits are not shipped outside mainland France.
Item prices :
All our prices are indicated in euros all taxes included. Shipping and processing costs will be invoiced in addition (see article IV of these GTC: Participation in shipping and processing costs). The amount of these costs will be indicated before any order validation. COMTESSE DU BARRY reserves the right to modify its prices at any time, it being understood that the items will be invoiced at the price in force at the time of validation of the order by the customer.
Payment of the full price must be made when ordering. We reserve the right of ownership in our items until receipt of full payment of the price.
II. Availability of items
All the products on the site are available and our offers are available while stocks last.
In case of unavailability of a product after placing your order, we will inform you by e-mail or by telephone within 24 hours (working days).
You can then request the cancellation of your order or the exchange of the missing product (s).
III. Confirmation of your order
When you click on the "Validate" button after the order process, you declare that you accept the order as well as all of these General Terms and Conditions of Sale fully and without reservation.
By validating their order, the Customer also declares that they recognize that this is an order with an obligation to pay.
The data recorded by www.comtessedubarry.com constitute proof of all transactions made by www.comtessedubarry.com and its customers.
The data recorded by the payment system constitutes proof of financial transactions.
IV. Contribution to shipping and processing costs
Shipments to France
The flat rate contribution varies depending on the shipping method you choose :
· Colissimo Monitoring : the participation is € 7.90, for purchases over € 100, the shipping costs are free.
· TNT carrier : the participation is € 7.90, beyond € 100 of purchases, shipping costs are free.
· Chronopost : the participation is € 18.90, beyond € 100 of purchases, the participation is € 11.
. Points Relais Colis : the participation is 6.90 €, beyond 75 € of purchases the expenses of sending are offered.
The participation is fixed by slice of 10kg.
The maximum weight covered by this flat rate is 10Kg.
The table below shows you the prices for the different shipping zones per 10kg increment
- Zone 1 : 15 €
Germany, Belgium, Spain, Italy, Luxembourg, Netherlands, United Kingdom
- Zone 2 : 23 €
Austria, Denmark, Spain: Canaries islands, Ceuta and Melilla, Finland, Greece, Ireland, Portugal (+ Azores and Madeira), Sweden
- Zone 3 : 26 €
Andorra, Bulgaria, Cyprus, Croatia, Estonia, Hungary, Latvia, Liechtenstein, Lithuania, Malta, Poland, Czech Republic, Slovakia, Slovenia
- Zone 4 : € 35
Iceland, Maghreb, other Eastern European countries, San Marino, Vatican, Norway *, Switzerland *
- Zone 5 : 80 €
Australia *, Asia *: China, Japan, Hong Kong, Singapore, South Korea, Thailand, Taiwan, Viet Nam, India, Russia, Israel
- Zone 6 : 90 €
Africa (excluding Maghreb), Middle East, Americas (excluding United States), other Asian country, Oceania * (excluding Australia).
United States: The mandatory registration of each package shipped to the United States with the FDA generates an additional cost of € 10 (bioterrorism law).
- TOM : 100 €
New Caledonia, French Polynesia, Wallis & amp; Futuna
- COM : 50€
Saint-Pierre et Miquelon, Saint-Martin, Saint-Barthélémy
- Reunion Island: contact the Reunion Island boutique, Overseas Rates
* countries with strict restrictions on the importation of certain products: please consult us before confirming your order.
The fresh products (semi-cooked foie gras, caviar, smoked salmon, dried or smoked duck breast, etc.) are delivered to France by express carrier, and delivered against signature. They cannot be delivered to DPD parcel delivery points.
They are not shipped overseas.
Vacuum packed products are not shipped to United States. These are mainly references of sausages, andouillettes and mini sausages.
Foie gras and foie gras recipes do not ship to California, as does wine.
V. Terms of payment
The products are supplied at the current prices listed on the site when the order is placed.
We accept payment by Paypal, Bank Card (Carte Bleue, Visa, Mastercard / Eurocard, Diners Club, Aurore or American Express) via our security system, by check, transfer, gift voucher (intense ticket, infinite ticket, ticket horizon, cadhoc, cadochéque, sodexo, kadéos, tirgroupé), ILLICADO gift card and COMTESSE DU BARRY card.
In the event of payment by check, the order will be processed upon receipt of the check, the date your order is taken into account. We thank you for making the check payable to COMTESSE DU BARRY and send it to the following address : Comtesse du Barry, BP 10011 , 32201 GIMONT Cedex (Gers - France)
VI. Processing times for your order and its delivery
For any shipment to France :
Orders are shipped 24 to 48 hours after their online validation.
Orders validated on Friday are shipped on Monday.
Orders validated on Saturday and Sunday are shipped on Tuesday.
After delivery by our Logistics Department, your order is delivered in :
· 48-72 Hours by Colissimo tracking or carrier (time not guaranteed)
· 24 Hours by Chronopost.
These times are for working days, excluding postal delivery problems and subject to product availability.
In accordance with the provisions of the Consumer Code, delivery will take place no later than thirty days after confirmation of the order. Failing this, the consumer may automatically request the resolution of his order, by registered letter plus return receipt and obtain reimbursement by any means of payment, or have if he expressly wishes
For any shipment abroad :
Departure from our warehouses within 2 working days after receipt of order (except out of stock).
· Germany, Austria, Belgium, Denmark, Spain, Great Britain, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Portugal, Switzerland, Sweden, Finland
Delivery within about 8 days.
· Greece, Norway, Malta, Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Latvia, Poland, Slovenia, Slovakia.
Delivery within approximately 12 days.
· Cameroon, Senegal, Iceland, Morocco, South Africa.
Delivery within about 15 days.
· United States, Israel, Hong Kong, Japan.
Delivery within approximately 20 days.
· Australia, New Zealand, Indonesia, Taiwan, South Korea.
Delivery within approximately 20 days.
· Tom (French Polynesia, New Caledonia, Wallis&Futuna)
Delivery within approximately 30 days.
Comtesse du Barry is not responsible for delivery times that are sometimes irregular or longer than expected. The times indicated are those usually observed. These indications are given for information only and have no contractual form.
At the time of delivery of your order (i.e. when the order is hand-delivered), the risks incurred by the products received are transferred to you.
VII. Duties and taxes, customs
A - TVA
The regulations are set by the European Union.
Shipping to a country in the European Union: French VAT invoicing included.
Shipping outside the European Union: Invoicing exempt from taxes and duties (any duties at destination are the responsibility of the customer).
B – CUSTOMS DUTIES AT DESTINATION AND IMPORT LIMITATIONS
Any customs duties to be paid at destination are the responsibility of the recipient. These rights are not the responsibility of Comtesse du Barry.
Also, it is your responsibility to inform yourself with the local authorities of any import restrictions on the products you plan to order.
VIII. Legal guarantees, right of withdrawal
In accordance with the legal provisions in force (Consumer Code and Civil Code), the products supplied by Comtesse du Barry benefit from the legal guarantee of conformity and the legal guarantee against hidden defects.
Legal guarantee of conformity (articles L. 217-4 et seq. Of the Consumer Code)
Article L217-4 of the Consumer Code
« The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. »
Article L217-5 of the Consumer Code
« The good conforms to the contract :
1° If it is suitable for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling ;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-7 Consumer Code “Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Article L217-8 of the Consumer Code « The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. »
Article L217-9 Consumer Code « In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Article L217-10 of the Consumer Code « If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him :
1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint ;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. »
Article L.217-11 of the Consumer Code “The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages. »
Article L217-12 Consumer Code “The action resulting from the lack of conformity lapses two years after delivery of the goods. »
Legal guarantee against hidden defects (articles 1641 et seq. Of the Civil Code)
Article 1641 Civil Code « The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them. »
Article 1644 Civil Code « In the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. »
Article 1645 Civil Code « If the seller is aware of the defects in the thing, he is liable, in addition to the return of the price he received, for all damages to the buyer. »
Article 1646 Civil Code « If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Article 1648 paragraph 1 Civil Code
« The action resulting from crippling defects must be brought by the purchaser within two (2) years of discovery of the defect. »
1/ When acting as a legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the goods to act ;
- may choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
- is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. For second-hand goods, this legal guarantee can be implemented within this 24-month period, under the following conditions: if this lack of conformity is detected within 6 months after delivery, the consumer is exempt from reporting proof of said defect. After this period, he will have to prove that this defect existed before the sale. The legal guarantee of conformity applies regardless of any commercial guarantee granted.
2/ The consumer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code, and must act within two (2) years from the discovery of the defect.
In case of complaint, you can contact us by :
E-mail : firstname.lastname@example.org
Phone : 05 62 67 98 70 Monday to Thursday 8:30 am to 5:30 pm, Friday 8:30 am to 12 a.m
From abroad : 00 33 5 62 67 98 10 Monday to Thursday 8:30 am to 5:30 pm, Friday 8:30 am to 12 a.m
Fax : 05 62 67 98 60
Comtesse du Barry - SERVICE CLIENT
We thank you for mentioning your customer reference and / or the reference of your order when contacting our customer service.
Right to retract
In accordance with the provisions of the Consumer Code, you, as a consumer, benefit from a period of 14 clear days to exercise your right of withdrawal from the day after the date of receipt of the product, without having to justify reasons or to pay penalties. The customer who has placed an order is the only one able to exercise this right of withdrawal. In the event of delivery to a different person, this right cannot be exercised by the recipient of the order. The right of withdrawal does not apply to fresh products.
In order to exercise your right of withdrawal, you can use our withdrawal form or contact us by :
E-mail : email@example.com
Phone : 05 62 67 98 70 Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8:30 a.m. to 12 a.m.
From abroad : 00 33 5 62 67 98 10, Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8:30 a.m. to 12 a.m.
Fax : 05 62 67 98 60
Comtesse du Barry - SERVICE CLIENT
We thank you for mentioning your customer reference and / or the reference of your order when contacting our customer service. No return will be accepted without the Customer's prior written request to Comtesse du Barry. The packages will be carried out using the same method of sending the order, and must be returned to the following address :
Comtesse du Barry
For any item returned and paid for by the customer, the following terms apply :
· the product is returned simply because you are not satisfied (exercise of the right of withdrawal): reimbursement of the returned product and shipping costs, return costs at your expense.
· the product is returned for a reason incumbent on Comtesse du Barry: reimbursement of the product, shipping costs and any returns.
In the case of an exchange, the return costs will be advantageously offset by a delicious specialty. Comtesse du Barry will reimburse the Customer using the same means of payment as that used to place the order, at the latest within fourteen (14) days of sending proof of shipment of the product before said deadline, or the receipt of the product by Comtesse du Barry. It is recalled that all products can be returned, with the exception of products designated by Article L. 221-28 4 & 5 ° of the Consumer Code, which cannot be the subject of a right of withdrawal. These are products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection. No return or replacement of specialty will be accepted after expiration of the use-by date. The products must therefore be returned unopened, in their original condition and packaging. Any incomplete, damaged or damaged specialty returns cannot be accepted.
IX. Security and confidentiality :
A - Securing
Our site is the subject of a security system :
All sensitive data related to means of payment are thus protected and encrypted during their transfer over the internet.
You notice that you are entering a "Secure zone" at the sight of the closing padlock.
In the event of fraudulent use of your bank card on our Sites, we invite you to contact our customer service.
In accordance with the Data Protection Act, the personal data that you communicate to us are processed and stored under conditions aimed at ensuring the security of information.
B – Confidentiality of your personal files
Comtesse du Barry takes particular care to protect your personal data and does everything in its power to respect this right.
We undertake to comply with all the provisions of the Code of Ethics for direct marketing professionals in terms of the protection of personal data (version December 1993).
Right of access and rectification :
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose your personal data.
To do so, simply send us a request online or by mail, indicating your name, first name, address and, if possible, your customer reference. :
by e-mail : firstname.lastname@example.org
by mail : Comtesse du Barry, Touget road, 32200 Gimont
Email prospecting :
In the sending by e-mail, will be clearly specified in the subject of the message, which appears in the electronic mailbox, the identity, the brand or the commercial nature of these proposals. At the bottom of the message, you will also find the possibility, by simple click, of exercising your right of opposition to the sending of any new prospecting message by e-mail.
In addition, any use of e-mail databases will be subject to verification of their declaration to the CNIL.
The free subscription to the e-robinson list allows you to object to the receipt of e-mails from companies of which you are not a client. To know more : www.e-robinson.com and www.fevad.com
Data collected during the consultation of the site :
During its consultation, our site collects, from the software activated by your own computer (cookies), data on the date, the pages consulted, the consultation time ... as well as the computer address of your computer, the supplier of 'access, the search engine, the link ... at the origin of this consultation.
This data collection allows us to improve the ergonomics of our site and to strengthen the effectiveness of our partnerships.
You can prevent this collection by disabling this function in your browser software. Even when this function is deactivated, you will still be able to access our site.
Other information :
When placing your order or requesting a catalog, we record certain data (name, first name and postal address) in order to process your request.
Through us, you may receive proposals from other companies or organizations. If you do not wish it, all you have to do is contact us (indicating your name, first name, address and customer number or e-mail address) by e-mail or post.
If you do not wish to receive these proposals and let us know when sending your data, Comtesse du Barry will respect your wishes.
The addresses of people who have received gifts through Comtesse du Barry customers are not stored in the database.
If your child has registered information about him on our site and you wish to check, modify, update or delete them, please let us know. :
By e-mail - email@example.com
By regular mail - Comtesse du Barry, Touget road, 32200 Gimont
Comtesse du Barry undertakes to take all the necessary measures as soon as possible in order to meet your expectations. We remind that minors do not have the capacity to contract.
In accordance with French law, we have made a declaration of our site to the Commission Nationale Informatique et Libertés CNIL. Our declaration number is 702833
X. Intellectual property
All elements of the websites www.comtessedubarry.com & www.comtessedubarry.fr , whether visual or sound (such as texts, illustrations, photographs, company names, distinctive signs, brands, without this list being exhaustive) are protected by French copyright, trademarks and / or patents , European and international and are the exclusive property of Comtesse du Barry. As such, in accordance with the provisions of the intellectual property code, only use for strictly personal use is permitted. Any reproduction or total or partial transmission of the sites is strictly prohibited without prior authorization.
These Conditions and any question relating to their interpretation or execution are subject to the application of French law. In the event of a dispute or claim, our Customer Service is at your disposal to best resolve any dispute or claim that may arise and to find an amicable solution.
You can contact him by :
E-mail : firstname.lastname@example.org
Phone : 05 62 67 98 10 Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8:30 a.m. to 12 a.m.
From abroad: 00 33 5 62 67 98 10 Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8:30 a.m. to 12 a.m.
Fax : 05 62 67 98 60
In the absence of an amicable solution and in accordance with Article L111-1 of the Consumer Code, you have the option of resorting to a consumer mediator whose information you will find by clicking here : https://www.comtessedubarry.com/page-mediation
Finally, the Client may choose to take legal action before the court of his country of residence or before the court of the country in which the head office of Comtesse du Barry is established.
General Terms and Conditions of Sale updated on: 18 November 2022.