Terms and conditions of sale

1. Seller

These general terms and conditions of sale (the “Terms”) govern sales of oysters concluded online through the ordering page of the ostraregal.com website, between the seller identified below and the customer.

Ostra Regal — SARL La Famille Boutrais (S.G.I. France). Head office: Bâtiment Les Mousquemers, ZA de Bel Évent, 35350 Saint-Coulomb, France. Company ID (SIRET): 528 404 247 00033. EU VAT: FR50 528 404 247.

Contact: contact@ostraregal.com · +33 2 99 89 48 16.

The online shop is aimed at private customers. Professionals (restaurants, resellers…) are invited to write to us for a suitable offer.

Any order placed on the online shop implies acceptance of these Terms, in the version in force on the day of the order. The oysters ordered are intended for the customer's personal consumption: they may not be resold without our prior consent.

Unique identifier under the French extended producer responsibility scheme (REP), household packaging: FR310729_01HXTW. Unique identifier, paper packaging: FR310729_03AUGC.

2. Products

We sell live oysters. Those of the Ostra Regal, Sélection Or, Amulette and Sentinelle ranges are raised in Ireland, refined by pousse en conche, then purified and shipped from Cancale.

The ranges on offer are those presented on the ordering page. Each item is sold in a specific format (a number of oysters) and, except for the Amulette, in a specific grade. The Amulette is a cocktail oyster, sold in a single format with no grade.

Only the items shown on the ordering page at the time of the order are for sale. An item may be withdrawn from sale at any time, in particular if it runs out or following a health decision.

Photographs and descriptions are for illustration only: oysters are a natural product, and the look of the shells varies from one oyster to the next.

3. Prices and VAT

Prices are shown in euros, including all taxes (VAT), on the ordering page. They are shown with delivery included, to the address given by the customer; for an order collected on site, the price is the one charged at the point of sale.

The price of a crate of oysters depends on the delivery postcode and on the total weight of the order: it goes down as the order grows. Until the postcode is entered, no price is displayed. The final price of each crate and the order total are displayed before any payment. A minimum order may apply; it is shown on the ordering page.

VAT is 5.5%. Its amount, included in the total, appears in the order summary.

The price that applies is the one displayed when the order is placed. We may change our prices at any time, without effect on an order that has already been paid.

4. Ordering and payment

To order, the customer builds a basket, enters a delivery address or chooses a pick-up point, chooses a delivery day, then accepts these Terms by ticking the box provided: without that acceptance, payment is not possible. The order summary, with the total price including VAT, is displayed before payment.

Payment is due in full when the order is placed, in euros, by bank card (or via Stripe Link), on the secure page of our payment provider Stripe. Card details do not pass through our website.

The order is firm and final as soon as payment is accepted: the customer can no longer change or cancel it without our express consent. It is confirmed by an e-mail sent to the address given by the customer, recalling the order details and the delivery day. If payment is declined or interrupted, the order is not recorded as paid and nothing is charged.

If an ordered product turned out to be unavailable despite being displayed, we would inform the customer as soon as possible to agree a solution — a replacement, or, failing agreement, a refund of the sums paid for that product.

5. Delivery

Delivery is made to the address given by the customer, within mainland France, excluding Corsica. Corsica, the French overseas territories and other countries are not served by the online shop.

Parcels are carried by the carrier France Express, and shipped the day before the delivery day.

The customer chooses their delivery day among the days offered by the calendar on the ordering page. The delivery days are those shown by this calendar: currently, Tuesday to Saturday.

The order deadline and the earliest possible delivery day are those shown by the calendar on the ordering page at the time of the order: the calendar prevails. They may change, and only the days the calendar offers at that moment are open.

The chosen delivery day is recalled in the confirmation e-mail. It is up to the customer to give a complete and accurate address, and to make sure the parcel can be received that day.

We are responsible for the proper performance of the delivery until the parcel is handed over to the customer. If the parcel could not be handed over on the chosen day for a reason not attributable to the customer, we would contact them without delay; as the delivery day is essential for live oysters, the customer could then agree a new date with us, or ask for the order to be cancelled and refunded in full (articles L216-1 et seq. of the French Consumer Code).

For some postcodes close to our points of sale, the order can be collected on site, at the point of sale and on the day chosen when ordering. The price shown is then the on-site price; the order is not delivered.

If the parcel cannot be handed over on the chosen day for a reason attributable to the customer (absence, wrong or incomplete address, refusal of the parcel), or if the customer does not come to the point of sale for their order on the chosen day, the price of the order remains due: oysters are live foodstuffs, prepared for that day.

6. No right of withdrawal

Under article L221-28 4° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of goods liable to deteriorate or expire rapidly.

Oysters are live, perishable foodstuffs: they fall into that category. The customer therefore has no right of withdrawal on their order, nor any fourteen-day period to cancel it once paid.

The customer is expressly informed of this before paying, and acknowledges it by ticking the box accepting these Terms. This exclusion does not deprive the customer of their statutory guarantees, nor of the ability to send us a complaint on the terms set out below.

7. Receipt, storage and the cold chain

Our oysters are handled with particular care at every stage. They are live products and do not cope well with waiting. On receipt, the customer opens the parcel, checks the condition of the packaging and of the oysters, and puts them somewhere cool without delay.

• Keep them flat, in a cool place (5 to 15 °C), in their packaging.
• Open them at the last moment: they are enjoyed alive.
• As a precaution, do not eat an oyster whose shell stays open, or whose smell seems abnormal.

Keeping the cold chain unbroken once the parcel has been handed over is the customer's responsibility; the risks pass to the customer on handover. We cannot be held liable for a deterioration of the oysters caused by a failure to follow these instructions after handover.

8. Complaints

Any problem noticed on receipt (damaged parcel, dead or non-conforming oysters, missing product) must, where possible, be noted with the carrier when the parcel is handed over, and be reported to us within three days of receipt, by e-mail to contact@ostraregal.com, with photographs of the parcel, of the label and of the oysters concerned, and the date of the order.

As these are live, perishable products, the later the report, the harder it becomes to establish the condition of the oysters on delivery: we invite the customer to write to us as soon as the parcel is received. This does not affect the rights the law gives the consumer, in particular the statutory guarantee of conformity.

We reply as soon as possible and, if the complaint is well founded, offer to replace or refund the products concerned. As oysters are live foodstuffs, no product return is requested; none is accepted without our prior consent.

9. Statutory guarantees

Irrespective of any complaint, the customer benefits from the statutory guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and from the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).

Under the statutory guarantee of conformity, we are liable for any lack of conformity existing when the oysters are handed over: the customer may ask for the products concerned to be replaced or, failing that, for a price reduction or a refund. Under the guarantee against hidden defects, the customer may ask for the sale to be cancelled or for a price reduction, within two years of discovering the defect.

10. Force majeure

Our obligations are suspended in the event of force majeure, as defined by French law and case law, until it ends. This may include, where the legal conditions are met, a reduction or halt in production or supply, an interruption of means of communication or transport, or a weather event.

We inform the customer without delay. If the order cannot be fulfilled on the chosen day, the customer may agree a new date with us or be refunded in full.

11. Consumer mediation

In the event of a dispute, the customer first writes to us, at contact@ostraregal.com, so that we can look for an amicable solution.

Under article L612-1 of the French Consumer Code, the customer has the right to use a consumer mediator, free of charge, to seek an amicable resolution of a dispute with a business.

The consumer mediator we come under is the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C), 49 rue de Ponthieu, 75008 Paris, France — https://www.cm2c.net. If a written complaint to us has not resolved the matter, the customer may refer the dispute to the mediator within one year of that complaint: online on the mediator's website, by post to the address above, or by e-mail to declarer-un-litige@cm2c.net.

12. Intellectual property

The trademarks, texts, photographs and videos on the site, and the know-how attached to our products, are the exclusive property of La Famille Boutrais. Any reproduction or use, even partial, requires our prior written consent.

13. Personal data

To process the order, we collect the customer's name, e-mail address, telephone number (needed to reach the customer on the day of delivery), delivery address and the content of the order. This data is used by La Famille Boutrais to prepare, ship and confirm the order, and to reach the customer if there is a delivery problem. It is shared only with the service providers needed to process the order: payment, hosting of the site, order management, sending of e-mails and transport.

The details of the processing, and the customer's rights of access, rectification and erasure, are set out in our privacy policy.

14. Governing law and language

These Terms are governed by French law. In the event of a dispute, and failing an amicable solution, the competent courts are those designated by the ordinary rules of law.

The Terms are written in French, which is the language of the contract and the only authoritative version. This English translation, displayed for all the other languages of the site, is provided for convenience only.