Georges Bruck Creator of foie gras.

GENERAL TERMS AND CONDITIONS OF SALE

GEORGES BRUCK, a company located at 7 RUE FRISE 67000 STRASBOURG and registered in the Strasbourg Trade and Companies Register under number 55850449400011 hereinafter referred to as “the seller”.

GEORGES BRUCK sells on its website food products in the form of preserves and semi-preserves based on foie gras and/or meat.

Article 1: Preamble

The sales contract as well as the present general conditions of sale are governed by French law.
These general conditions apply in their entirety to all sales of products on the site.

Any order on the site implies the acceptance without reserve of the present general conditions.

In the case of professional customers, whether individuals or legal entities, these general terms and conditions of sale shall prevail over any general terms and conditions of purchase and any other documents issued by the professional customer, regardless of the terms thereof. Any order or signature of a contract implies unreserved acceptance of these general conditions.

The fact that GEORGES BRUCK does not avail itself at any time of a prerogative recognised by the present general conditions may not be interpreted as a waiver by Georges Bruck SAS of the right to avail itself of it at a later date.

Similarly, any exceptional commercial gesture granted to an individual or professional client, whether a natural person or a legal entity under private or public law, may not be interpreted as modifying the general terms and conditions of sale.

Each of the stipulations of the general terms and conditions shall apply to the full extent permitted by law and the nullity in whole or in part of a clause shall have no influence on the rest of this clause and the general terms and conditions as a whole.

The General Terms and Conditions of Sale, the product catalogue presented, as well as the documents with a commercial scope are indissociable and constitute the agreement governing the entire relationship between the seller and the customer within the framework of sales on the website “https://www.shop.bruck-foiegras.com”, hereinafter referred to as the “Website”.

Article 2: Obligation to provide information

The seller undertakes to provide the customer or to make available on its website all documents useful for the customer’s understanding of the products sold by the seller, in order to comply with the seller’s legal obligations in terms of information (Articles L. 111-1 and L. 111-3 of the Consumer Code).
Therefore, the characteristics of the products sold (composition; price; availability), the present general terms and conditions of sale, are available on the Website and through the customer service (info@bruck-foiegras.com).

Article 3: Purpose

These general conditions are intended to cover the sale of canned and semi-canned food products on the aforementioned website.

The sole purpose of these general conditions is to define the rights and obligations of each of the parties to any sale concluded on the Georges Bruck website. It is recalled that the general conditions prevail over any other document issued by the Client that is contrary to the general sales conditions of GEORGES BRUCK.

The general conditions constitute, with its annexes, an indivisible whole.

These General Conditions are intended to govern all requests concerning the products sold on the website.

It is recalled that the acceptance by the customer of the terms contained in these general conditions of sale is considered acquired upon payment of the order and by checking the box provided for the purpose of acceptance of these cgv placed at the end of the contract indicating the words: “I declare that I have read and accepted the terms and general conditions of sale”.

Article 4: Evolution of services – Evolution of legal obligations

Subsequent changes that could be made to this document in accordance with obligations that could arise due to legal developments are tacitly accepted by customers of the GEORGES BRUCK site.

Moreover, the present general conditions are intended to be modified according to the evolution of the products sold, the services that can be provided, and their development. GEORGES BRUCK may be required to modify these general terms and conditions of sale. GEORGES BRUCK (the seller) will inform the customers either by direct mailing (e-mail; personal space; etc.) or by making them available on its website.

In case of conflict between the clauses contained in the new general terms and conditions of sale and those in force at the time of the signing of the contract, the General Terms and Conditions and the price list annexed to the contract shall prevail, except in the event of a provision more favourable to the customer or a modification of legal obligations.
Thus, the Customer acknowledges that he has verified the adequacy between the characteristics and the composition of the products sold on the website and his needs.

Article 5: Retroactivity of offers and clauses more favourable to the customer

At no time may a customer take advantage of a promotional offer or a clause in these general terms of sale that is more favourable than that contained in the general terms of sale in force at the time of the order, in order to obtain, retroactively, an economic advantage.

Article 6: Products offered – Duration

All products offered by the seller are presented and detailed on the website. All products, commercial offers or any other information present on commercial brochures, advertisements etc. are only valid as long as they are presented on the website, and more generally while stocks last.

However, the seller specifies that any change in legislation, regulations or jurisprudence that would modify the content of the proposed product catalogue, or would force the seller to withdraw it from its catalogue, cannot be ordered by the customer even if it is present on the seller’s website before an update of the proposed products.

Article 7: Applicable prices

All the prices applicable to the products sold on the Website are indicated by reference and the price is indicated in euros, all taxes included.

GEORGES BRUCK reserves the right to modify its prices.

The prices in force are those displayed on the website. Otherwise, the price stipulated in the contract shall apply. All rates relating to a service in progress may not be reduced under the pretext, in particular, of: a promotional offer; a reduction in the prices displayed; a commercial gesture granted to a third party.

Article 8: Ordering

The Customer places an order on the website to purchase one or more items, he/she must follow the following ordering process:
Choice of items on the website and addition to the basket.
Validation of the contents of the basket after verification.
Identification on the website or registration on the identification form on which he/she will indicate all the requested details.
Acceptance of the terms and conditions.
Choice of delivery method.
Validation of the payment.

It is specified that the Customer has the option, throughout the ordering process, to view the details of his order, the total price and correct any errors, before confirming it to express his acceptance, materialized by the validation of the payment.

The customer validates the order when he/she activates the link “confirm your order” at the bottom of the page “Summary of your order”. Before validation, the customer is asked to check his basket and to accept the terms of the GTC.

GEORGES BRUCK confirms the order by e-mail, listing all the elements of the order.

The data recorded by the site constitutes proof of the content and date of the order. These data are archived by the seller under the conditions and within the time limits imposed by the Law. The customer has a right of access to this information on request to the customer service.

Article 9: Method of payment – Delivery

Payment for orders is made by credit card. All orders are payable in euros via a secure platform.

During the validation of the order, and before payment, the customer chooses the desired method of delivery from among the various methods offered.

Georges Bruck SAS undertakes to send orders within 48 working hours.

NOTE: Any delivery times indicated are given as an indication. The seller is only committed to the delivery time. The delivery time varies according to the delivery method chosen and the delivery address.

Article 10: Receipt of packages

Upon receipt of the packages, the customer must ensure that the packaging is in good condition and does not contain any apparent problems (wet package, suspicious odour, etc.). In the event of serious and motivated doubt (notably with the help of photographs), he/she must refuse the package and report it to the customer service.

Article 11: Returns

The seller specifies that, as a matter of principle, due to the nature of the products, returns of perishable foodstuffs or foodstuffs that need to be packaged in a particular way, in particular products with a short shelf life and that need to be refrigerated, are refused.

In the event of a complaint from the customer concerning a product whose packaging does not guarantee its freshness or consumption, the customer must contact the customer service department and attach photos of the product concerned as well as its purchase date, batch number and any other information enabling it to be tracked.

Article 12: Geographical area

GEORGES BRUCK offers its products for sale throughout the territory of metropolitan France.

On request, and after validation by the seller, sales can be validated to other EU member countries by adding the appropriate delivery method and rate.

Article 13: Access to the website

The seller ensures that access to the site is possible at all times, subject to periods of maintenance and upkeep of the Website, server updating operations and any problems disrupting the network on an exceptional basis.

GEORGES BRUCK insists on the fact that a discrepancy may occur between the commercial document and the information on the website when changes have taken place (in particular if the customer has kept the commercial document for a significant period). Customers are invited to check the adequacy between the information on the commercial document in their procession and the information on the website or to contact the customer service.

Article 14: Transfer of ownership – Transfer of risks

The transfer of ownership of the Product(s) from the Seller to the Customer will only take place after full payment of the price by the latter, notwithstanding the date of delivery of the Product(s).

The Products ordered by the Customer shall be delivered in the territory referred to in the article “Geographical area” of these Conditions to the address indicated by the Customer when placing the order on the website.

Except in the case of unavailability or special circumstances, the Products ordered will be delivered in a single delivery.

Article 15: Obligations of the seller

The seller undertakes to provide the customer with all necessary information concerning the products offered on the site.

The seller also undertakes to deliver a product that complies with the order placed by the customer.

The personal information concerning the Customer or relating to his activity (when it is a professional customer) of which the seller would have knowledge at the time of the placing of an order will be strictly confidential and could not be revealed and/or communicated to third parties.

Article 16: Obligation of the Customer

The Customer is obliged to pay the price and to provide accurate information to enable the order to be sent.

Article 17: Right of withdrawal of 14 days

The website offers canned, semi-canned or short-life food products that need to be kept cool.

Due to their perishable nature, and by exception, these products do not benefit from this right of withdrawal. This principle is specified in Article L.221-28 of the Consumer Code.

Article 18: Data processing and freedom

In application of law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices.

This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and object to all of his personal data at any time by writing to the following e-mail address, providing proof of his identity: info@bruck-foiegras.com

Article 19: Intellectual property

The Customer acknowledges that the seller is the sole owner of the intellectual property rights relating to the presentation photographs that it has taken and which are displayed on the website. The Customer undertakes not to use them.

It is forbidden to distribute or reproduce, even partially, in any form whatsoever, the content of the commercial presentations of products as well as the photographs taken by GEORGES BRUCK.

Article 20: Settlement of disputes

Any dispute between the seller and his customer must be settled first and foremost by contacts and discussions between the two parties aimed at finding the best way out of the disputed situation arising from the sales contract.

If the discussions do not succeed, the parties may decide to resort to mediation. They may then choose to appoint one or more third parties to the contract to assist them and help them find the best possible outcome in the settlement of the dispute.

However, as stated in Article L. 152-2 of the Consumer Code, “a dispute cannot be examined by the consumer mediator when:

– The consumer does not prove that he has previously tried to resolve his dispute directly with the trader by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract;
– The request is manifestly unfounded or abusive
– The dispute has been previously examined or is being examined by another mediator or by a court;
– The consumer has made his request to the mediator more than one year after his written complaint to the trader;
– The dispute does not fall within his field of competence;”.
If the parties to the contract do not find a favourable outcome to their dispute, they may bring it before the competent courts.

Article 21: Jurisdiction and applicable law

The present general conditions are governed, interpreted and applied in accordance with French law. Any dispute arising from these general conditions or from the execution of the sales contract concluded between the parties shall be submitted to the competent courts of the jurisdiction of the headquarters of the company GEORGES BRUCK.