RONDS DE SORCIÈRE: GENERAL TERMS AND CONDITIONS
The Domaine de Lascaux has right of exploitation over a plot whose location is provided in the Special Conditions hereafter and which purpose is the planting of oak trees for truffle production.
The following has been agreed and decided upon:
As provided by the Terms and Conditions of this Contract, the Patron purchases one or more shares on the production of truffles obtained from the cultivation of truffle oak trees in the plot mentioned above (hereafter the “Patronage”).
Upon signature of this Contract, the Patron commits to pay to the Operator a fee (the “Fee”) amounting the purchase price of the truffle production of one or more mycorrhized truffle oaks located in said plot. The number of mycorrhized truffle oaks included as well as the unit price of the Fee are defined in the Special Conditions. As provided hereafter, half of the truffle production of said truffle oaks shall be entitled to the Patron.
The Fee is final and irrevocable and shall not give right to the Patron to a refund of any kind from the Operator to the Patron. Among other expenses, this Fee shall enable the Operator to support maintenance and cultivation costs of the truffle field in order to obtain truffles.
- Rights of the Patron over the plot’s yearly production of truffles
In return for Fee payment and until Contract termination, the Patron shall receive half of the yearly truffle production obtained from the cultivation of plot. Such amount of truffles is proportional to the number of oak trees under his Patronage in relation to the total amount of planted oak trees in said plot.
Example for the patronage of 2 oak trees over the 220 total trees in the plot:
Weight of truffles due to the Patron (PW) = 2/220 x 50% x TW
Where TW is the weight of the total yearly production of the plot
The remaining half of the yearly truffle production is kept by the Operator, who shall use it for supporting the maintenance of the truffle field.
- Patronage duration
Pursuant to this Contract, the Patron shall receive its allotted truffles starting from the fifth year following oak tree planting in the plot. The duration of Patronage shall last for the following 25 years, except in case of force majeure.
- Production estimation
Harvest starting in December, the calculation of plot’s precise annual truffle production (TW) is to be carried out every year for December 31 at the latest.
- Information report and delivery
a) Patron shall get its yearly allotted share of truffles (PW) by going to the plot in person within a fortnight following notification by the Operator.
b) Should the Patron wish to have his allotted part of the production sent to him, he shall notify the Operator as soon as possible and indicate clearly where to address it.
c) In January every year, the Operator shall report to the Patron by any means (letter, fax or email) the total weight of its allotted truffles at the end of the harvest. This information report shall include the date of plantation and number of oak trees in the plot, the total weight of the yearly production and the way the allotted shares of truffles were calculated.
d) This information report shall also specify that in the event the Patron would not have claimed his allotted share within 30 days after notification, said allotted share shall be deemed abandoned once and for all. The Operator shall therefore be entitled to make free use of it without any possible claim from the Patron.
e) The information report shall be sent to the Patron at the address provided in the Special Conditions. May this address change, Operator shall be notified by the Patron. The Operator cannot be held responsible for such sending problems.
- Obligations of the Operator
The Operator shall ensure plot’s maintenance and cultivation throughout the lifetime of the truffle oak trees (around 30 years from planting) in compliance with general practices.
The Operator does not guaranty in any way a minimum production of truffles from the cultivation of said plot.
- Force majeure
In case of force majeure, the Operator shall not be held responsible in any way for any partial or total reduction in truffle production.
La Boutique: GENERAL TERMS AND CONDITIONS
The following provisions determine the general terms and conditions of sale offered by La Boutique, accessible on “Domaine de Lascaux”’s website www.domainedelascaux.com.
The purchase of any good from “La Boutique” implies unreserved acceptance of these general terms and conditions of sale.
The general terms and conditions of sales establish the rights and obligations of the parties. No other provision can be added to them.
The Domaine de Lascaux reserves the right to modify these general terms and conditions of sale anytime.
- The Company
Domaine de Lascaux
Address : Regourdou - 24290 Montignac
RCS Perigueux 821 504 677
- Products on sale
The Domain de Lascaux commits to inform customer of all the essential characteristics of the goods on sale.
Generally, said characteristics include dimension, weight, quantity, colours and content of the products on sale. These characteristics complete the pictures illustrating the products on sale. The purpose of said pictures is only to grant the consumer a better idea of the products. Consumer recognizes that the pictures are for information purposes only. In no case customer will held the Domaine de Lascaux responsible for any difference between the picture and the received product.
The goods on sale on the website are in accordance with French legislation and with standards applicable in France.
Products are available for purchasing as long as displayed on the website.
Customer is aware that his order will be delivered by postal services.
- Terms and conditions
Orders are made in French or English and the currency used is euro.
Customer has to give the requested personal information (name, surname, email, billing address, shipping address, payment details and mode) before final confirmation of the order. Domaine de Lascaux shall not be hold responsible for any error in the information entered by the customer, nor for any delay or error of delivery.
- Price of goods and services
All prices are quoted in euros or pound sterling. They include taxes and VAT but not delivery costs. Delivery costs are indicated in customer’s basket when ordering a product and prior to payment, in the final order summary.
Sale prices can be changed anytime by “Domaine de Lascaux”
- Online contract
Orders can either be made by phone + 33 7 82 47 37 22 or through the website www.domainedelascaux.com.
To set his order, customer has the following payment options:
- Visa, Eurocard/Mastercard through PayPal System
- Bank transfer
In the case of payment by debit or credit card, charge is made upon debit authorisation by the relevant payment centre, during the validation stage of the order. If not authorised, order will have to be cancelled. In accordance to the agreement prevailing between the customer and his bank, the order to pay may be cancelled in case of fraudulent use of the card.
Online payment by credit or debit card is made through a secure gateway, the SSL security system, which encrypts customer’s bank data when transmitted on the network.
In the case of payment by bank transfer, the online contract is made upon reception of the precise amount of the order in our bank account.
Customer shall make the bank transfer within seven (7) days. If not received during this period of time, order is automatically cancelled.
Customer certifies being granted the necessary authorisations to apply the chosen mode of payment.
- Returns and refunds
Any customer unsatisfied by the products ordered on our website have a cancellation right that he must be able to exercise under the best conditions.
According to Article L.121-21 of the French consumer code, the statutory period of cancellation is fourteen (14) clear days upon reception of the product.
Unless Domaine de Lascaux offers to pick up itself the returned product, customer shall return the product with no excessive delay and at least within fourteen (14) clear days upon notification to Domaine de Lascaux. Product return is at customer expense.
The returned product shall be in perfect conditions for resale, which mean they shall be in original condition (packaging, accessories, instructions, etc.) and duly sealed.
Cancellation right is not applicable for fresh products (difficulties of reshipment, risks of deterioration and rapid expiry).
Customer can also chose to exchange the product.
“Domaine de Lascaux” commits to deliver the ordered products within 30 days after receiving payment confirmation.
In the event one of the ordered products is unavailable or out of stock, customer shall be informed as soon as possible and have the right to cancel its order. He also has the right to change his order or to be refunded.
Products are delivered to the address indicated by consumer in the purchase order. Invoices are directly issued to the email address indicated by consumer in the purchase order.
All claims shall be sent to the address indicated in article 2. Customer shall check the general appearance of the packaging of the delivered product. He undertakes to report any damage he may notice to the purchase order within 3 days upon reception of the products.
In case of non-conformity of the delivered products, “Domaine de Lascaux” commits to exchange the product or refund the customer.
- Personal information data
Customer acknowledges that in order to carry out his order, all nominative data are computerized.
As a consequence, personal information related to the customer may be communicated to our commercial partners for the purpose of fulfilling the order and delivering it to him.
Customer has the right to access and modify any information related to him that may appear in “Domaine de Lascaux”’s files.
- Applicable Law
The parties agree that these terms and conditions of sale are subjected to the application of French law.
- Dispute resolution
In the event a dispute would arise from this online contract, the parties commit to try to come to an amicable agreement before taking legal action.
If no amicable agreement can be reached, any dispute related to the interpretation or implementation of these general terms and conditions of sale shall be referred to the competent court.
- Force majeure
None of the parties shall be held responsible or having failed to their contractual obligations in the event the default of execution of any of the obligations of the parties is due to a force majeure case.
Force majeure cases include but are not limited to strikes, war or civil war, riots, acts of terrorism, partial or total destruction of the production premises and facilities, incidents of fabrication, transport disruptions, supply disturbances, custom measures of any nature or origin whatsoever or any other unforeseen event that may prevent or delay the total or partial fulfilment of the obligations of “Domaine de Lascaux”.
The fulfilment of the contract is immediately suspended by the force majeure event described above. Should this force majeure event last for more than a (1) month, customer shall be given the possibility to cancel his current order. Cancellation entitles him to be reimbursed according to the conditions described in article 8 of these general terms and conditions of sale.