PEUGEOT SAVEURS SNC

General partnership with a capital of 3 554 000 euros

Registered office: Quingey (25440)

676180169 RCS of Besançon

represented by its affiliate PEUGEOT NORTH AMERICA: 9814 W.Foster Ave. Rosemont, IL 60018

GENERAL TERMS AND CONDITIONS OF SALE BY MEANS OF AN INTERNET SITE BETWEEN A BUSINESS AND A CONSUMER  

Updated version of August 31, 2018

https://ca.peugeot-saveurs.com/en_ca/ is published by the company PEUGEOT SAVEURS SNC as specified at the beginning of this document and of which the contact details are as follows:

• Publication director of the website : Dominique GARRETA
• Email address: DGarreta@peugeot-saveurs.com
• Telephone number : +33 (0)3 81 63 79 00

These Terms Sale (“Terms”), together with our Terms of Use and Privacy Policy, govern all products (“Products”) made available on or ordered using the online store provided by Peugeot Saveurs North America, LLC (“Peugeot Saveurs,” “we,” “us,” or “our”).

By ordering Products using our online store (“Store”), you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms, our Terms of Use, and our Privacy Policy. If you do not agree with these Terms or our Terms of Use or our Privacy Policy, do not order Products using the Store https://ca.peugeot-saveurs.com/en_ca/.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting on the Store and, by accessing or using the Store after changes are posted, you agree to those changes, except that the version of these Terms that is posted on the Store at the time an order is placed will continue to govern that particular order even if these Terms are later modified. Material changes will be conspicuously posted on the Store or otherwise communicated to you.

 

The prices and availability of Products made available on the Store may change at any time without notice to you. Prices remain valid while they are listed and offered on the Store. Prices will be as posted on the Store as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Store. These differences will not constitute a defect in or noncompliance of any Product. Availability of Products may be limited and products may not be available for immediate delivery. Some Products may not be available in certain areas. Peugeot Saveurs is not liable for any damages you may suffer as a result of any shipment delays.

We do not allow for the return of products once shipped unless a product is damaged. If you wish to ask about returning a product, an undamaged Product, please contact our customer service department via the Contact Us button. Any product returns are solely within Peugeot Saveurs’ discretion.

Resale of Products and purchasing Products for purposes of reselling the Products are not permitted. Consequently, Peugeot Saveurs reserves the right to refuse any order for Products that might look like it is for purposes of reselling the Products.

You warrant that you are at least the age of majority in your jurisdiction of residence and have full legal capacity to enter into these Terms.

You will be charged for the Products using the prices displayed when you place your order. Peugeot Saveurs reserves the option to change its prices at any time but will apply to each order the prices shown in the Store at the time when the order is placed.

Prices are indicated in Canadian Dollars and exclude shipping and handling costs.

Prices include any applicable taxes in the country of delivery that are applicable as of the day of the order and any change to the legal rate of these taxes will be automatically passed on to the price of the Products presented on the Store, on the date stipulated by the implementation decree.

Full payment must be made when ordering. At no time will any sums paid be considered as deposits or down-payments.

Shipping and handling costs are displayed to the purchaser at the time an order is placed. All shipping and handling costs are solely your responsibility.

Pricing errors may occur on the Store from time to time. We attempt to correct all pricing errors as soon as they are discovered‚ or as soon as Peugeot Saveurs receives notice of an error, but Peugeot Saveurs is not responsible for any pricing or typographical errors on the Store. Peugeot Saveurs reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Peugeot Saveurs. Any payments you make to Peugeot Saveurs for orders that are cancelled due to pricing errors will be refunded; in the alternative, you may have the option of replacing the cancelled order at the corrected price.

You may familiarise yourself with the various Products offered for sale by Peugeot Saveurs by browsing the Store. You are free to browse among the various pages of the Store without being obliged to place an order.

Nothing on the Store constitutes an offer, but an invitation to you to make an offer to purchase products using the Store. All orders are subject to acceptance by Peugeot Saveurs. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Peugeot Saveurs ships the products ordered, and Peugeot Saveurs will charge your credit or debit card upon such shipment.

Once we receive an order, we will send a summary of that order to you by email to the email address you provide during the ordering process.

Peugeot Saveurs recommends that you keep a copy of any data relating to each order and a copy of these Terms, which may be modified as discussed above, as the version of these Terms that are in effect at the time an order is placed is the version that governs that order.

We encourage you to check the completeness and accuracy of all information you provide to us when ordering Products. Peugeot Saveurs will not be held liable for any input errors nor for any consequences of input errors, such as delays or delivery errors. In such circumstances, all costs incurred for any reshipment of an order will be solely your responsibility.

Purchases of Products must be made by credit or debit card or via PayPal. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor.

Peugeot Saveurs reserves the right to suspend or cancel any order, in whole or in part, in the event of refusal to authorize payment by your financial institution or in the event of non-payment.

Peugeot Saveurs retains full and entire ownership of Products until both all the amounts, including fees and taxes, have been fully paid and you receive the Products.

7.1 Delivery

Products will be shipped to the address you provide at the time an order is placed. Deliveries cannot be made on Sundays or public holidays. You may have the option to choose among various shipment options when you place an order for Products using the Store. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Peugeot Saveurs charges you for sales, use, and other taxes for products ordered using the Store to the extent required by law.

 

7.2 Unavailable Products

In the event a Product ordered is not available, we will use commercially reasonable efforts to inform you. You will then have the choice of either asking for a refund of the amounts paid for the applicable Product or, as the case may be, for an exchange with a Product from the online Store which is equivalent in terms of features and price. In this case, Peugeot Saveurs will cancel your order with respect to the unavailable Product and generate a new order in your name for the replacement Product.

Should an exchange not be possible, Peugeot Saveurs reserves the right to cancel the order and to refund the amounts paid for the unavailable Product.

Peugeot Saveurs will not be held liable in respect of any Product that is unavailable and in no event will you be entitled to damages or interest in respect of any Product unavailability.

 

7.3 Late Delivery

In the event of a delivery not yet received by seven days after the date of the email from Peugeot Saveurs indicating that the package has been sent to you, you must report this delay by Contact Us.

Peugeot Saveurs will then investigate with the logistics provider. An investigation may last up to 21 working days (excluding Saturdays, Sundays and public holidays) from the date when it was started. If during this period, the Product is found, it will be re-routed immediately to the delivery address indicated by you. If however the Product is not found at the end of the 21 day investigation period, the package will be considered as lost. At the end of this period, Peugeot Saveurs will resend a replacement product to you at its own expense.

Should the ordered Product(s) no longer be available at this time, Peugeot Saveurs may, at its sole discretion, either offer you a substitute Product with similar features and of an equivalent price or refund you in respect of the price of the Products and delivery costs incurred as a result of the logistics provider losing the Product.

 

7.4 Non-Collection of the Package from the Logistics Provider

You are required to collect the package from the logistics provider within the allotted deadline following any attempted delivery by the logistics provider. If a package is not collected by the deadline, the package will be returned to Peugeot Saveurs. The Products will then be reshipped to you at your cost once we have received payment from you for those costs.

 

7.5 Non-Compliance and Breakages

Upon receipt of any order, you must make sure, in the presence of the logistics provider where possible, that the order is accurate, complete, and undamaged. If your order is incomplete, inaccurate, or damaged upon delivery, please notify us immediately. Any claims for order shortages, inaccuracies, or damage must be submitted to Peugeot Saveurs within three days of your receipt of the shipment.

Peugeot Saveurs reserves the right to require you to return any Products concerned to Peugeot Saveurs in accordance with our then-current Product return procedure.

Title to products will pass to you when you receive the products. Peugeot Saveurs will bear the risk of loss or damage to the products during shipment to you.

Order cancellations are at Peugeot Saveurs’ sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact our customer service department via the Contact Us button to see if we can change, cancel or correct the order before it ships.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. PEUGEOT SAVEURS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PEUGEOT SAVEURS OR IN ANY MANNER FROM THE STORE CREATES ANY WARRANTY.

Peugeot Saveurs will not be considered to have breached any contractual obligation nor be liable to you or any other person for any delay or failure to perform under these Terms that is due to causes beyond Peugeot Saveurs’ control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America, Canada, or any state, province, territory, or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, force majeure events, and similar causes and events.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PEUGEOT SAVEURS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “PEUGEOT SAVEURS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR YOUR RECEIPT OR USE OF THE PRODUCTS, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, CONDITION, OR OTHERWISE, AND EVEN IF A PEUGEOT SAVEURS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE STORE AND THE PRODUCTS.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PEUGEOT SAVEURS PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

These Terms, including our Privacy Policy and our website’s Terms of Use, are the entire agreement between you and Peugeot Saveurs with respect to your order of Products using the Store.

Peugeot Saveurs’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Peugeot Saveurs.

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of our liability or dispute resolution) will continue in effect beyond any termination of these Terms.

Should these Terms be translated into any foreign language, only the English version will apply in the event of a dispute.

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Peugeot Saveurs, except that our affiliates are third-party beneficiaries of these Terms.

These Terms are subject to and governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Rosemont, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Peugeot Saveurs in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. However, notwithstanding the foregoing, if you are a resident of Canada, these Terms are subject to and governed by the law of your jurisdiction of residence.

If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to products ordered using the Store more than one year after the claim arises.

Please direct any questions and concerns regarding these Terms, our online store, or the Products themselves to us by Contact Us, by telephone at 708-667-7610, or by mail at Peugeot Saveurs North America, LLC, 9814 W. Foster Ave., Rosemont, Illinois 60018, USA. Additionally, our Customer Services Department may be contacted by Contact Us.