Evidenza G&P Terms of Service
1. APPLICATION OF GENERAL CONDITIONS OF SALE (“G.C.S.”):
When placing any order with EVIDENZA GASTRONOMY & PRESTIGE LLC (“Seller”), the Buyer identified in the Seller’s Purchase Order Form accepts this G.C.S. without qualification and in their entirety to the exclusion of any other document, including brochures or catalogues issued by Seller as indicative only. No special condition shall, unless expressly accepted in writing by Seller prevail over the G.C.S. Any clause to the contrary proposed by Buyer shall not therefore, unless expressly agreed in writing, be binding on Seller, irrespective of when Seller knew of that clause.
2. PRICES; MINIMUM ORDER
Seller prices are stated in US Dollars. Seller reserves the right to modify prices at any time on the understanding that Buyer will be charged the price advertised on the updated price list on the date of ordering. Shipment and delivery of goods to Buyer will be made at no charge to Buyer for orders totaling at least $3,500.00 (“Minimum Order Amount”). If the Buyer’s order does not amount to the Minimum Order Amount, Buyer shall be charged a fee for the delivery of the goods to Buyer. The cost of such delivery will depend on the location of Buyer and will be disclosed to Buyer at the time of the order on the Seller’s Purchase Order Form. Seller is unable to offer any discounted terms.
3. TERMS OF PAYMENT
a. Payment on Order. Buyer shall remit payment to Seller of thirty percent (30%) of the complete order set forth in the Seller’s Purchase Order Form at the time the order is placed with Seller.
b. Balance of Payment. The balance of the payment on the complete order set forth in the Seller’s Purchase Order Form shall be due at the time the order is delivered to Buyer. If Buyer is responsible for the cost of the delivery, as set in Section 2 above, the order shall be released to Buyer upon receipt of the payment of the balance of payment by Seller or its agent.
c. Form of Payment. Payments shall be made by check, bank deposit or by wire transfer. Buyer shall be in default for failure to pay for any portion of the complete order.
d. Collection. Should it become necessary to institute collection efforts for any amounts due by Buyer to Seller, Buyer shall be responsible for and shall reimburse Seller for all costs of collection including, but not limited to, reasonable attorney’s fees and costs. A $30.00 administrative fee will be assessed on all returned checks. Buyer agrees and hereby grants to Seller the right to offset any and all amounts due to Buyer against any and all amounts due to Seller from Buyer.
Orders may be made by email at email@example.com as specified in Seller’s Purchase Order form. Orders placed directly to Seller or through its agents or representatives shall not become final and binding until they are confirmed in writing by Seller and the down payment is received by Seller. The G.C.S., the order accepted by Seller in writing and any document issued by Seller relating to the subject of the order shall constitute the contract (“Contract”). The order is confirmed once payment has been validated by Seller’s bank. The order is then recorded by Seller and becomes irrevocable.
5. SHIPMENT, DELIVERY AND RECEIPT
Seller shall make every effort to deliver as promptly as possible in the time frame set forth in the Contract. Orders are forwarded to the producers in France upon validation. Seller assures Buyer that the products it has available have been carefully verified by the producers to ensure that they conform to their description, weight and measures provided to Buyer. All perishable goods are packaged to ensure freshness upon delivery. When Gel-Ice blocks or other refrigeration methods are required, they are designed to ensure freshness during transit.
Seller informs Buyer that the efficient and timely operation of the caviar trade is also dependent on CITES (Convention on International Trade in Endangered Species) quotas & rules, and the customs authorities in the United States and elsewhere which are factors over which Seller has no control.
Lead times and any proposed delivery dates are given for information only without guarantee. Late delivery will not entitle Buyer for indemnity, refunds or cancellation of the Contract, unless otherwise specifically set forth in writing by Seller. All carriers used for the delivery of the goods are chosen by Seller, but Seller has no control over their services. The ordered goods will only be delivered against signature. Buyer must provide the name, direct phone number and an address where delivery will be possible during general business hours on weekdays. Due to the products inherent perishable properties, Seller is unable to deliver to P.O. Boxes.
Seller shall undertake to inform Buyer about any non-delivery of goods caused by any possible obstacles, whatsoever, as soon as possible. Seller cannot be held responsible for any possible damages resulting from the absence or refusal of Buyer to accept delivery at the time of delivery.
Once the products have been delivered, the Buyer is solely responsible for their conservation and use. Before accepting the goods Buyer must check and confirm the condition and weights of the items and if necessary shall accept the goods with reservations, in order to be able to make any claims against Seller. Buyer must be careful not to consume, use or sell the products for consumption after the final date stated on the label for consumption. Buyer will have the right to inspect the goods upon receipt, and shall within twenty-four (24) hours after delivery, Buyer must give notice to Seller of any claim for damages on account of condition, quality, or grade of the goods, and Buyer must specify the basis of the claim in detail as set forth in Section 7 below. Failure of Buyer to comply with these conditions will constitute irrevocable acceptance of the goods by Buyer.
6. TRANSFER OF RISK
The risk in the goods, and particularly those risks inherent in their carriage, shall pass to Buyer immediately upon their delivery. Delivery shall take place, for all sales whatever their destination at the time the goods are handed over or leave Seller’s or Seller’s representative’s warehouses, irrespective of any terms of sale or payment of the costs of carriage.
The liability of Seller under the Contract shall be limited to the amount paid to Seller for the order that gives rise to the liability. In no event shall Seller be liable under the Contract for special, incidental, indirect, consequential, exemplary or punitive damages or lost profits (whether such damages or losses were foreseeable or otherwise).
All perishable products shall be inspected by Buyer immediately upon delivery. In the event Buyer receives a damaged parcel, Buyer must immediately notify the delivery agent and send a copy by email to firstname.lastname@example.org.
If Buyer has a complaint about the product, claims must be made by email to email@example.com within twenty-four (24) hours of receipt of the products. Credit will not be granted if unsatisfactory items are discarded, sold or partially consumed.
No claim will be reviewed unless accompanied by a written explanation and a photograph that demonstrate the problem, as well as damages occasioned thereby. After an analysis of the situation, Seller at its own discretion will determine the appropriate remedy.
Claims must be received and confirmed by Seller prior to any returns being made by Buyer. Buyer must retain all original packaging intact for returns. All returned products will be thoroughly inspected by Seller and the producer prior to granting any credit or refund.
Buyer is strongly advised to inspect the package, in the presence of the delivery agent, upon receipt.
8. RETENTION OF TITLE
The Seller reserves title to the goods until payment in full of the price of the order.
9. FORCE MAJEURE
The following shall be considered herein as events of force majeure: accidents affecting the production, manufacture or storage of the products not the fault of Seller or its carrier, total or partial interruption of supplies of raw materials or energy, particularly default by carriers, fire, natural disasters, hurricanes, earthquakes, tsunami, flooding, breakdown of machinery, total or partial strikes, governmental actions, administrative decisions, acts attributed to third parties, including acts of terrorism or riots, war and all and any external occurrences likely to delay or prevent the performance of the Seller’s obligation or to render such performance economically exorbitant. In the event that Seller is unable to perform due to reasons of force majeure, there shall be no liability on the part of Seller for any damages for such failure to provide the products under the contract. Seller, at its sole and absolute discretion, upon notice to Buyer, may cancel and terminate the contract for such reasons.
10. GOVERNING LAW AND JURISDICTION
The Contract, including the G.C.S. and any related documents shall be governed and interpreted under the laws of the State of Hawaii. All disputes arising between the parties to this contract shall be submitted to the courts of the State of Hawaii.
All notices to be given under this contract shall be dated and sent by email to the parties at the addresses provided on the Seller’s Order Form, and such notices shall be deemed given and received for all purposes on the date the email was sent.