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TERMS OF SALES
Preamble
The Customer is invited to carefully read the entirety of these General Conditions of Sale which describe:
- the shop service allowing the online ordering of products available in the establishment and accessible via the site http://otourdelatable.com
These services are offered online by Le Restaurant Ô tour de la table, SARL GENISAB, with a share capital of 5,000.00 Euros, at domaine de la tour, 34800, Nebian, FRANCE, registered in Montpellier Siret N°882 177 371 00011 APE 5610A.
These General Conditions of Sale apply to any order (hereinafter "Order") of one or more products (hereinafter the "Product(s)") placed by the buyer (hereinafter the “Customer”) on the Site.
Sale on the Site is reserved for Customers who are at least 18 years old on the date of placing the Order.
The use of this service is reserved for strictly personal use.
These General Conditions of Sale shall prevail over any other general or specific conditions not expressly approved by the Seller.
The Seller reserves the right to modify the General Conditions of Sale at any time. In this case, the new conditions will apply to any new order, as well as to all operations in progress, from the date on which they will have been brought to the attention of the Customer by any means.
The fact that the Seller does not take advantage of these General Conditions of Sale at a given time cannot be interpreted as a waiver to take advantage of them later.
Definitions
The terms and/or expressions referred to in these General Conditions of Sale mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these:
• The terms "Seller" and "Establishment" designate the operating company of the establishment with which the Order will be registered and whose contact details will be indicated on the e-mail confirming the order and on the receipt. issued to the establishment when the Products are collected.
• The term “Order” refers to the online ordering service for products available from the establishment. The Customer pays for his order online. He can withdraw his order from the establishment, on the Site.
• The terms “Good” or “Product”: designate any product offered for sale on the Site.
• The terms “General Conditions of Sale” or “CGV”: designate the General Conditions of Sale which are the subject of these presents.
• The term “Price”: designates the unit value of a Product; this value includes all taxes and excludes delivery costs.
• The term “Online Sale”: refers to the marketing of the Seller's Goods, Products and services via the Site.
References to Sections are references to sections of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
Article 1: object
The purpose of this Contract is to define the rights and obligations of the parties in connection with the Online Sale.
Confirmation of the Order entered online assumes that the Customer has full legal capacity to contract, and implies unreserved acceptance of these General Terms and Conditions of Sale. Consequently, the Seller declines all responsibility in this regard for any order placed by an incapable person.
In accordance with decree no. 2002-1465 of 17/12/2002 relating to information on the origin of beef, the Customer is informed that the meat served by the Seller is exclusively of French origin.
Article 2 – Scope
These General Conditions of Sale are reserved for consumers only, within the meaning given by law and case law, acting exclusively for their own account and domiciled in metropolitan France, Monaco, and Brussels.
In accordance with articles L. 111-1 and following of the Consumer Code, the essential characteristics and prices of the Goods, Products and services sold electronically are available on the Site.
These General Conditions of Sale are applicable to all sales of Goods, Products and services by the Seller, made through the Site.
Article 3 – Acceptance of the General Conditions of Sale
The Customer declares to have read and accepted these GCS before placing his Order. Any Product Order on the Site therefore materializes on the part of the Customer the acceptance of these GCS.
Article 4 – The Products
The products offered by the establishment are those which appear in the catalog published on the Site on the day of the Order, within the limit of available stocks. It is recommended to consume the products quickly as soon as they are collected from the establishment and never to freeze them.
The Customer is required to refer to the description of each Product in order to know its properties and essential particularities as well as information relating to allergens, before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The products presented for sale are subject to modification or deletion by the Seller without notice. The photographs and illustrations presented online are not contractual. In the event of a discrepancy between these photographs and information and the Product chosen by the Customer, the Seller cannot be held responsible.
The Customer agrees that in the event of any dispute, the written information on the Products appearing on the Site will prevail over any oral statement made by the establishment or by employees or other personnel. The establishment will use all its reasonable efforts to guarantee the accuracy of the information on the Products appearing on the Site.
Article 5 – Creation of an account
To order, the Customer must create an account on the Site which will allow him in particular to access the history of his Orders.
When registering, the Customer chooses a username and password. The Customer is advised to associate his identifier with a valid email address.
It is the Customer's responsibility to keep his information strictly confidential and not to communicate it to third parties, in order to avoid as far as possible any risk of intrusion into his Customer account and the placing of Orders without his knowledge by unauthorized persons. The Seller cannot be held responsible for any use of the Customer's account by a third party who has had access to his username and password in any way whatsoever.
When registering, certain mandatory data will be requested from the Customer and in particular his name, first name, mobile phone number and e-mail address.
In case of loss or forgetting by the Customer of his password, the Customer will have the possibility of clicking on the link “forgotten password? ". The Customer will then receive an e-mail to the e-mail address previously filled in with a one-time password valid for 24 hours allowing him to modify his personal password.
Article 6 – Placing of Orders
6.1. Shop and Go
To order online and collect their Order from the establishment, the Customer must:
- You must select each product you wish to purchase and add it to your cart
- In the event of prolonged inactivity, it is possible that the selection of Goods, Products and services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods, Products and services from the beginning;
- When you have selected all the products you want to buy, you can confirm the contents of your basket and place the order.
- Create an account or connect to his account with his username and password to allow customer authentication and connection to the account. You can also not create an account but then you will not have access to your order history.
-You will then have to choose the payment methods that suit you best.
- Check the elements of the Order and, if necessary, identify and correct errors;
- Accept the T&Cs;
- Pay for the Order online;
- Go to the establishment with your Order number and proof of payment to withdraw your Order.
Once the payment has been validated, the order is final.
The Seller then sends the Customer a confirmation of the Order recorded on the Site by e-mail with an Order number.
After confirmation of his Order, the Customer will have access to his account, thus allowing him to follow up on his Orders.
The online provision of the bank card number, the final validation of the Order and the express acceptance by the Customer of these GCS entail the recognition of having perfect knowledge of them and the waiver to avail himself of his own conditions of purchase or of any other conditions.
Any Order implies acceptance of the Prices and the description of the Products available for sale on the Site.
Acceptance of Product Orders placed by a Customer is at the sole discretion of the establishment. In particular, the establishment reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous order.
In the event of a take-out sale, the Customer must imperatively collect his Order from the establishment on the same day of its validation on the Site and before the closing time of the establishment or the closing time of the order service. online set by the institution.
It is therefore up to the Customer to check the closing hours of the establishment or of the online ordering service on the establishment's page.
The hours of the online ordering service as well as the opening hours of the establishment where the Customer collects his Order are available on the Site.
The Seller undertakes to honor the Order only within the limit of the available stocks of the Products.
Article 7 – Proof of Order
The online provision of the bank card number and the final validation of the Order will be worth proof of the entirety of the said Order and will be worth payment of the sums committed by the Order.
The Seller will archive purchase orders and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of article 1360 of the Civil Code.
The Seller's computerized registers will be considered by the Seller and the Customer as proof of communications, orders, payments and transactions between the parties.
Article 8 – Cancellation and modification of an Order
8.1. Cancellation and modification of an Order
According to the provisions of Article L. 121-20-2 3° of the Consumer Code, the right of withdrawal applicable in distance selling cannot be exercised in the case of the supply of goods which, because of their nature are likely to deteriorate or expire rapidly.
In application of this text, it is expressly indicated that any Order on the Site is firm and definitive and that the exercise of the right of withdrawal is excluded.
Orders which have therefore been definitively validated, paid for and withdrawn cannot be cancelled.
No goods can be taken back or exchanged.
However, you have the right to cancel an order within a reasonable time and before the establishment has begun to prepare the Order. The Customer can thus cancel an order by contacting the establishment, which will accept or not at its own discretion.
The establishment may cancel an Order and inform you in this case. Orders canceled in accordance with this clause will not be charged to you. Any payment made before the cancellation of an order by the establishment will generally be reimbursed by the same means that you used to pay for your order.
The Seller reserves the right to cancel any order that appears to be fictitious.
Article 9 – Withdrawal of Products
The withdrawal of Products from the establishment can only be done from the opening time of the establishment and before the closing time of the establishment or the closing time of the order service in line set by the establishment.
The opening hours of the establishment where the Customer withdraws his Order are available on the Site at the time the Customer.
The Customer must collect his Products from the establishment when placing his Order on the Site, providing him with his Order number, proof of payment and the Order confirmation e-mail. The Customer may only withdraw his Products after having provided these elements beforehand.
The Seller will give the Customer a receipt.
In the event of non-collection of an Order by the Customer, the products ordered will not be delivered despite receipt of the price.
Article 11 – Complaints
11.1. - Any question or complaint concerning the Products withdrawn from the establishment must be made within a maximum period of twenty-four (24) hours after the withdrawal of the said Products, from the Seller, by mail, to the address appearing on the invoice. and on the confirmation email sent with any Order. After this period, no questions or complaints can be taken into account.
11.2. - Any question or complaint concerning the Delivery service must be made by e-mail to the address: otourdelatable@gmail.com
11.3. - Any question or complaint about the operation of the Site must be made by mail to the following address: Restaurant Ô tour de la table domaine de la tour 34800 Nebian.
Article 12 – Price
The Prices appearing on the Order pages of the Site are prices inclusive of VAT (all taxes included) in euros taking into account the VAT applicable on the day of the Order.
Any mention of prices in currencies other than the Euro is given for information only. It is the Client's responsibility to find out, where applicable, the applicable exchange rate between the Euro and his payment currency.
The telecommunications costs inherent in access to the Site remain the sole responsibility of the Customer.
The period of validity of the offers and Prices is determined by updating the Site.
The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Site on the day of the Order will be the only one applicable. As part of a Delivery Order, the Customer must pay the corresponding delivery costs.
Article 13 – Methods of payment for the Order
Orders placed on the Site are payable using the means of payment offered by the establishment (credit cards, paypal).
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his bank card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will immediately be automatically resolved and the Order will be cancelled.
The Seller guarantees the preservation of the confidentiality of credit card numbers by protection and cryptology procedures.
Article 14 – Liability
The Seller, in the online sales process, is only bound by an obligation of means.
The Seller cannot be held liable for damages of any kind, whether material or immaterial, which may result from improper use of the identifier or the operating method for placing an order. The Seller cannot be held liable for any risk inherent in the use of the Internet network such as loss of data, intrusion, virus, service interruption or any other similar risk.
In the context of a Delivery Order, the Delivery is provided by the Deliverer in his name and under his sole responsibility. Consequently, the Seller's liability cannot be held liable for damages resulting from the Delivery service.
The Products sold on the Site comply with the regulations in force in France and benefit from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with articles L.217-4 to L.217-14 of the Code of consumption and articles 1641 to 1649 of the Civil Code.
The name and address of the Seller guaranteeing the conformity of the Products with the contract appear in the Order confirmation e-mail sent to the Customer following the validation of his Order.
Article 15 – Protection of personal data
The personal data collected on the Site is subject to the establishment's personal data protection policy.
In the context of a Delivery Order, the establishment transmits some of the Customer's personal data (surname, first name, telephone number, address) to ChronoFresh and Chronopost in order to enable it to establish the invoicing corresponding to the costs of the service. home delivery, excluding any other use.
Article 16 – Sale of alcohol and Minors
16.1. In accordance with Ordinance No. 59-107 of January 7, 1959, Law No. 74-631 of July 5, 1974 and the provisions of Article L3342-1 of the Public Health Code amended by Law No. 2009 -879 of July 21, 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited.
Therefore, the purchase of any alcohol-based product during the Order, is formally
prohibited for minors under the age of eighteen (18). On this occasion, an identity document may be requested from the Customer when withdrawing his Order from the establishment in case of doubt.
By completing your Order, you acknowledge that you have the legal capacity to enter into this contract.
By placing an order that contains alcohol, you confirm that you are at least 18 years old. Any violation of this article engages your exclusive personal responsibility.
16.2. Alcohol abuse is dangerous for health. Know how to consume and enjoy in moderation. By the mere fact of placing an order on our "website", you expressly waive the benefit of article 1587 of the Civil Code which provides that the conclusion of the sale of wine only becomes final after tasting and approval of the buyer. .
Article 17 – Intellectual property rights
The general structure of the Site, all the elements of any kind contained on the Site, including in particular the software, structures of the database(s), photographs, visuals, videography, texts, drawings, fixed or animated images , sounds, graphics, logos are the exclusive property of the Seller or, where applicable, of their respective owners from whom the Seller has previously obtained operating authorizations and are protected by intellectual property rights.
The Customer is prohibited in particular, in a non-exhaustive way, for a use other than private, from reproducing and/or representing, downloading, selling, distributing, transmitting, translating, adapting, exploiting, distributing, disseminating and communicating, in whole or in part, in any form whatsoever, whether commercial or not, any original intellectual work or content appearing on the Site.
Failing this, the Customer exposes himself to legal proceedings.
Article 18 – Indivisibility
The nullity of one of the clauses of this contract in application in particular of a law, a regulation or following a court decision will not result in the nullity of these GCS.
Article 19 – Fortuitous event - Force Majeure
The establishment cannot be held liable in the event that the non-performance of its obligations is attributable either (i) to the unforeseeable and insurmountable event of a third party to the contract, or (ii) to a case of force majeure, to the meaning of article 1218 of the Civil Code, or (iii) in the event of impossibility of delivery due to incorrect contact details of the Customer.
Article 20 – Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French version shall prevail in the event of a dispute.
Article 21 – Settlement of disputes
These T&Cs are subject to French law. In the event of a dispute, the dispute will be submitted to the French courts.
In the event of a dispute, the Customer may first contact the Seller in order to seek an amicable solution.
All disputes that could not be resolved amicably between the Seller and the Customer within one (1) month following its notification, will be submitted to the competent French courts under the conditions of common law.
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
The Customer also has the option of contacting an Alpes Maritimes Mediation mediation body.
Before entering it, the Customer must write to the restaurant concerned by registered mail with acknowledgment of receipt.
To contact the mediation body, the Customer must complete a complaint form available on the website (Alpes Maritimes Mediation) and follow the steps indicated on the website.