General terms of sale

All purchase or order fully satisfies our present general terms of sale.
The vendor reserves himself the right to modify the present general terms of sale at any time without prior notice.

Designation :

Alain Chaume
“Dignac” Sainte-Marie
16210 Chalais
France
Siret, French business registration number : 311 773 816 00054
Land line : +33 (0)545 986 181
Mobile phone : +33 (0)615 941 154
Alaintruffes@hotmail.fr

Preamble :

The selection and control of our products :
La sélection et le contrôle de nos produits :
- The absence of soil, foreign bodies, immature or deteriorated truffles means a significant difference of prices in comparison with the national rates for the run-of-the-mill products.
The varieties of truffles that exist are :

• Tuber melanosporum Vitt. sometimes called Tuber nigrum Bull, usually called “Black truffle”, “Black Perigord truffle” or “Perigord truffle”.
• Tuber brumale Vitt. usually called “Brumale truffle” and Tuber brumale Vitt. var. MOSCHATUM Ferry de Bellone, usually called “Musky truffle”.
• Tuber aestivum Vitt. usually called “Summer truffle”, or “Scorzone”
• Tuber uncinatum Chatin, usually called “Burgundy truffles”
• Tuber mesentericum Vitt. usually called “Mesenteric truffle”
• Tuber Borchii Vitt. or Tuber albidum Pico, usually called “The Whitish truffle”
• Tuber macrosporum Vitt. usually called “The Black and Smooth Black truffle”

ARTICLE 1 : Description of our products :

The truffles available for sale on our website are :

• Tuber melanosporum Vitt. sometimes called Tuber nigrum Bull , usually called “Black truffle”, “Black Perigord truffle” or “Perigord truffle”.
• Tuber aestivum Vitt. usually called “Summer truffle”, or “Scorzone”

ARTICLE 2 : Tolerance and availability

1) Provisions concerning sizing and tolerance :

As a fresh mushroom, a truffle can lose up to 2% of its weight per day while in transit, which is in conformity with the standard tolerance established in the “interprofessional agreement of Fresh Truffles” of October 12th 2006.

2) Availability and seasonality :

We remind you that the sale of Truffles on our website is seasonal and only happens between December 1st and March 1st for Black truffle from Périgord, and 1st May to 30th September for summer truffle Aestivum. No order will be made It is impossible to order outside this time of the year.
Our products are only available while stock last. Alaintruffes’ liability cannot be implied in case of stock shortage.

For order representing more than 1 kg, please dial 05.45.98.61.81 to check the availability of our products.

Due to possible shortage, delivery can take up to 2 to 5 days from the date of order. If we cannot supply the good, we will pay back through direct credit.

ARTICLE 3 : Shelf life :

Our truffles are vacuum-packed to preserve their aroma in a shock-resistant package guaranteed ten days after the vacuum packing date. Alaintruffes accept no responsibility beyond this date and only the customer will be held responsible for any inconvenience on this point.

ARTICLE 4 : Making of the sale contract :

Prices :

The prices of our products are available online at “Alaintruffes.fr” and indicated in euros.
The total final price of the order is determined on the day the order form is registered. The order will be validated once full payment of the invoice has been received.
In order to validate your order, we must receive the proof of your payment (notice of bank transfer, for instance). The order confirmed by the customer is only considered as final once the financial transaction has been completed by the banks concerned. In case one of them refuses to proceed to the transfer, the order will automatically be cancelled and the customer will be informed of the situation by e-mail.
Any orders remaining unpaid after 48 hours will automatically be cancelled.
A total invoice value of the order mentioning the cost insurance and freight will be issued and sent by e-mail to the buyer.
A printed version of the invoice will be posted simultaneously at the buyer’s request.
Moreover, our special offers are only valid while still on display on our website.
Our prices are revised on Mondays and Fridays depending on the quotation of products sold on the institutional truffle market.

Possible Custom duty :

The prices mentioned on our website are net of tax (1), in accordance with article 298 bis I and III of the Code Général des Impôts.
(1) Will also be added to the price :
- VAT at the prevailing rates on the date of the payment,
- Possible Custome duty and local taxes,
- Cost insurance and freight

Payment :

Payments are payable in full, directly by credit card on the website (over a secure internet connection), either by transfer (SWIFT for international transfer) or by Mandat-Cash.
For payments by transfer (EURO or SWIFT), you will need to indicate your name and number of your order while making the transfer. If you don’t and a problem arises it won’t be our responsibility.

ARTICLE 5 – Delivery :

Delivery date for each shipment :
The shipment of items is subject to the validation of the order (either after reception of the payment and reception of proof of your payment). No shipments can be made against a refund.
All our deliveries are made by a transport company, notably La Poste, by “Chronopost” and "TNT" for standard parcels. The buyer is bearing the costs generated by the subscription to the insurance policy made at the time of the shipment.
Delivery by DHL, if the customers isn't here during the first pass, an appointment for the next day can be made.
Forwarding charges vary according to the country of destination.

Delivery lead time :
Delivery times are counted in working days and correspond to the treatment of the order and the average delivery times determined by the transport company , either a maximum of 48 hours (excluding the Saturdays, Sundays and public holidays of the country of origin and the country of destination), except in case of absolute necessity (such as strikes, flood, cyclone, fire or accident…).
It is specified that for “Chronopost” deliveries, the agent of La Poste passes twice, the day following the shipping of the parcel, and also the next day, if the client hasn’t received the parcel. The client is responsible for making sure he receives his parcel. Alaintruffes cannot be held liable if a client fails to receive his parcel before the use-by date, that is, 10 days.

ARTICLE 6 – Delivery address

Articles will be delivered at the address indicated by the buyer on the order form. The buyer will take on the responsibility for any mistake in the aforementioned address.

ARTICLE 7 – Responsibility

Transfer of property :

All our products travel at the own risk of the addressee, an insurance is automatically subscribed to with the transport company at the time of the order. Costs related to this are exclusively borne by the buyer when he is charged.
All delivery accepted, without any reserve by the buyer is considered as conforming to the standards and won’t be subjected to a refund or cancellation.

Export regulations :

The French offer comes under French law and buyers who are foreigners must comply with the current import regulations in their State or respective country.
When it comes to shipping EU products outside Europe, it is the responsibility of the buyers to contact the Customs Services of the country to know the current import rules and taxes in the country.
Under no circumstances whatsoever will we be held responsible if products sent to a foreign country were seized by the customs services or any other authority for whatever reason.

ARTICLE 8 – Absence of a right of withdrawal :

According to article L 121-20-2 of the French Code of Consumption, in the case of sales contracts dealing with perishable goods the vendor is not subject to the obligation to accept his consumers requests to withdraw from the contract.

ARTICLE 9 – Defect and refund

Any defect noticed on the outside appearance of the parcel (opened or damaged box or package…) during the delivery must absolutely be the object of reserves on the delivery receipt to secure future claims.
The reception of an opened vacuum-packed items will not justify a refund or the cancellation of the contract.

ARTICLE 10 – Data protection and civil liberties law :

According to article 34 of the date protection and civil liberties law of January 6 1978, the user has the right to access, amend, rectify and delete the data relating to him/her if they are incorrect or incomplete. The user may also make a free opposition to the transmission of his/her data to third parties or processing of any personal information which concerns him/her to notably send him/her commercial offers as provided at paragraph 3, article 2 of the aforementioned law,. If you would like to exercise this right, please contact us by post or e-mail at alaintruffes@hotmail.fr where a link will be put at your disposal in the letter of information which will direct you to these data and enable you to send us your suggestions and queries.

ARTICLE 11 – Disputes

Complaints regarding the interpretation or execution of the orders will be examined with great care and generate the immediate offer of an out-of-court settlement. In case of refusal, we will refer the matter before the jurisdiction of Angouleme (Charente).
Commercial relationships resulting from the present general terms of sale come under French law.
“AlainTruffes” cannot be held responsible for any material, immaterial or physical damage which could result from the misuse or bad preserving of the products they put on the market. In any case, Alaintruffes’ responsibility cannot exceed the amount of the order in dispute.