General terms and conditions of sale
The Customer is invited to read carefully the entirety of these General Terms and Conditions of Sale which describe :
The online ordering of products available in the Restaurant Dessirier and accessible via the merchant site https://www.restaurantdessirier.com hereinafter referred to as the "Site".
The present general conditions of remote sale (hereinafter "GCS") are proposed by the company CAFE PEREIRE SAS "DESSIRIER", with a capital of 95,400 euros, identified in the Paris Trade and Companies Register under number 409 137 072, whose registered office is located at 9, Place du Maréchal Juin - PARIS 17 - 01 42 27 82 14, represented by Rostang Organisation, domiciled in this capacity at the said registered office (hereinafter referred to as "CAFE PEREIRE").
The present General Conditions of Sale apply to any order (hereinafter the "Order") of one or more products (hereinafter the "Product(s)") placed by the purchaser (hereinafter the "Customer") on the Site for an order of Products for delivery (hereinafter the "Order") from the establishment (hereinafter the "Seller", the "DESSIER").
Sales on the Web site are reserved for Customers who are at least 18 years old on the date the Order is placed.
The use of this service is reserved for strictly personal use.
These General Terms and Conditions of Sale shall prevail over any other general or special terms and conditions not expressly approved by the Seller.
The Seller reserves the right to modify the General Sales Conditions at any time. In this case, the new conditions will apply to any new order, as well as to all operations in progress, as of the date when they will have been brought to the knowledge of the Customer by any means.
The fact that the Seller does not take advantage of the present General Terms and Conditions of Sale at a given time cannot be interpreted as a waiver of the right to take advantage of them at a later date.
The terms and/or expressions referred to in these General Terms and Conditions of Sale mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
- The terms the "Seller", the "Establishment" and the "DESIROUS" refer to 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 at the establishment upon collection of the Products or issued upon Delivery.
- The term "Order" refers to the online ordering service of products available at the establishment. The Customer makes the payment of his order online. The Customer may pick up the order at the establishment or choose, on the Site, to receive the order by Delivery through the delivery services offered.
- The terms "Good" or "Product": refer to any product offered for sale on the Site.
- The terms "General Conditions of Sale" or "GCS": refer to the General Conditions of Sale which are the subject of the present document.
- The term "Delivery": refers to the delivery service offered by the company CAFE PEREIRE which consists of putting in contact Customers and independent couriers so that they ensure the delivery of products ordered by the Customer on the Site. By choosing the Delivery service, the Customer gives a mandate to the Establishment to put him in contact with an independent courier, in his name and for his account.
- The term "Delivery Costs" shall mean the cost of the expenses incurred by the Seller to deliver the Order to the delivery address indicated by the Customer.
- The term " Deliverer " : refers to the independent courier selected by the company COURSICAB who has accepted the request for delivery of an Order placed by a Customer on the site and who undertakes to carry out this Delivery in his name and under his sole responsibility.
- The term "Price": means the unit value of a Product; this value is understood to include all taxes and exclude Delivery Charges.
- The term "Online Sale": refers to the marketing of the Products and services of the Seller via the Site.
- The term " Delivery " : refers to the company COURSICAB which selects the Deliverers and which operates an intermediation service allowing to put in relation a Customer and a Deliverer for the Delivery of an Order.
- The references to the Articles are references to the articles of the present Contract, unless otherwise provided.
References to the singular include the plural and vice versa.
References to one gender include the other gender.
DESSIRIER reserves the right to adapt or modify these GTC at any time without notice. These modifications are enforceable as of the date they are put online. The latest version of the GTC is available on the DESSIRIER website at the following address: www.restaurantdessirier.com (hereinafter the "CAFE PEREIRE").
The applicable GTC are those in force on the day of the order.
It is reminded, for all practical purposes, that the sale of alcohol to minors under sixteen (16) years of age is prohibited (article L. 3342-1 of the Public Health Code).
ARTICLE 1 - PURPOSE
The purpose of this Agreement is to define the rights and obligations of the parties in the context of the Online Sale.
Confirmation of the Order entered online shall imply that the Customer has full legal capacity to enter into a contract, and shall imply his unreserved acceptance of these General Terms and Conditions of Sale. Consequently, the Vendor declines all responsibility in this respect for any order placed by an incapable person.
In accordance with the decree n°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 and of French origin for veal.
ARTICLE 2 - SCOPE OF APPLICATION
The present General Conditions of Sale are reserved for consumers only, in the sense that the law and jurisprudence give to it, acting exclusively for their own account and domiciled in Paris.
In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential characteristics and prices of Goods, Products and services sold electronically are available on the Site.
These General Terms and 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 that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her Order. Any Product Order placed on the DESSIRIER Web Site therefore implies the Customer's acceptance of these Terms and Conditions.
Article 4 - PRODUCTS
The products offered by DESSIRIER are those listed in the catalog published on the Site on the day of the Order, subject to availability. It is recommended that the products be consumed quickly from the moment they are collected from DESSIRIER or delivered and that they never be frozen.
The Customer is required to refer to the description of each Product in order to know the properties and the essential characteristics as well as the information relating to the allergens, before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The products presented for sale may be modified or deleted by the Seller without notice. The photographs and illustrations presented online are not contractual. In case of discrepancy between these photographs and information and the Product chosen by the Customer, the Seller shall not be held responsible.
Customer agrees that in the event of any dispute, the written information about the Products on the Site shall prevail over any oral statements made by the facility or by employees or other personnel. The facility will use reasonable efforts to ensure the accuracy of the Product information on the Site.
ARTICLE 5 - ORDERING BY INTERNET
Taking an order on the DESSIRIER Internet Site implies your prior registration with a view to creating a DESSIRIER customer account.
5.1 Creating an account on the DESSIRIER website
When registering on the DESSIRIER Internet Site, You must choose an identifier associated with a valid e-mail address and a password. It is your responsibility to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as far as possible any risk of intrusion into your customer account and the placing of orders without your knowledge by unauthorized persons. DESSIRIER cannot be held responsible for any use of your customer account by a third party who has had access to your login and password, whether on your initiative or through your negligence. The delivery address that You indicate during your registration must be as precise as possible (number of building, floor, digicode, etc.), in order to allow the deliveryman of COURSICAB to bring You your order in the best conditions and the best delays. DESSIRIER cannot be held responsible in case of impossibility of delivery due to erroneous or incomplete information. Once your registration is completed, a summary e-mail will be sent to the e-mail address that you have previously provided.
Before placing an order, You must connect to the customer area of the DESSIRIER website by clicking on the "Order" link on the home page.
If You lose or forget Your password, You may reset it and choose a new one by clicking on the link "Forgot your password? "and entering your email address. You will then receive an e-mail at the e-mail address indicated, if it is recognized, allowing You to choose a new password.
5.3 Dessirier products
The list and characteristics of the products offered on the DESSIRIER Website may be modified and adapted at any time to better meet your expectations and/or according to available stocks. The photographs, illustrations and texts presenting the products on the DESSIRIER Internet Site are provided for information purposes only and are not contractual. The products offered on the DESSIRIER Internet Site comply with French legislation and the standards applicable in France.
5.4 Selection and validation of the order on the DESSIRIER Site
After logging on to the DESSIRIER Site, you have the option of consulting the DESSIRIER map and selecting the products to order online:
You must select each product that you wish to purchase and add it to your basket.
The products presented on the DESSIRIER map are subject to available stocks. If stocks are exhausted, DESSIRIER may, at its sole discretion, either contact You by telephone at the number You indicated when registering to offer You the option of another product, or reduce the amount of the invoice by the price of the unavailable product.
This reduction may also take the form of a credit note to be used on a future order.
In case of prolonged inactivity, it is possible that the selection of Products and services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to restart his selection of Products and services from the beginning;
When you have selected all the products you want to buy, you can confirm the contents of your cart and place the order.
You will then have to choose the delivery and payment options that suit you best.
Check the elements of the Order and, if necessary, identify and correct any errors;
Accept the Terms and Conditions;
Make the payment of your Order online.
Once the payment is validated, the order is final.
When this operation is carried out, your order is automatically recorded and becomes firm and definitive, in accordance with the legal provisions excluding the exercise of the right of withdrawal in terms of distance selling of perishable products, as recalled in Article 12 below.
5.5 Order Confirmation
Your confirmation of order of your basket constitutes an electronic signature having the same value as a handwritten signature. Any order summary that you have validated constitutes an irrevocable commitment on your part.
All orders are subject to a confirmation e-mail. It is your responsibility to keep this document, which constitutes proof of your order.
5.6 Proof of the order
The online provision of the credit card number and the final validation of the Order shall constitute proof of the completeness of said Order and shall constitute payment of the sums involved in the Order.
The Vendor shall archive the purchase orders and invoices on a reliable and durable medium, constituting a true copy in accordance with the provisions of Article 1360 of the French Civil Code.
The Seller's computerized records shall be considered by the Seller and the DESSIRIER as proof of communications, orders, payments and transactions between the parties.
ARTICLE 6 - WITHDRAWAL OF PRODUCTS
The withdrawal of Products from DESSIRIER 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 online ordering service set by the establishment.
The opening hours of the Site and the opening hours of the establishment where the Customer collects his or her Order are available on the DESSIRIER Site.
The Customer shall collect his Products from the establishment when placing his Order on the Web Site, taking with him his Order number, proof of payment and the Order confirmation e-mail. The Customer shall only be able to collect the Products after having provided these elements.
The Seller shall provide the Customer with a receipt.
In the event that the Customer fails to pick up an Order, the Products ordered shall not be delivered, even if the price has been paid.
ARTICLE 7 - PRICES
The prices appearing on the site's order pages are prices including all taxes in EURO, taking into account the VAT applicable on the day of the Order.
The prices appear on the product presentation sheets and on the order summary. DESSIRIER reserves the right to modify its prices at any time. In the case of a Delivery Order, the Customer must pay for the delivery costs. Delivery costs are invoiced by Coursicab in the name and on behalf of the Deliverer.
ARTICLE 8 - PAYMENT METHODS
Transactions made on www.restaurantdesssirier.com are secured by the SHOPIFY PAYMENTS system. All information exchanged to process the payment is encrypted using SSL protocol.
The transaction is immediately debited from the Customer's credit card after verification of the data, upon receipt of the debit authorization from the credit card issuer used by the Customer.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the Price.
To this end, the Customer confirms that he is the holder of the credit card to be debited and that the name on the credit card is indeed his own. The Customer shall communicate the sixteen digits and the expiry date of his bank card as well as, if applicable, the visual cryptogram numbers.
In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately cancelled and the Order cancelled.
The Seller guarantees the preservation of the confidentiality of the credit card numbers through protection and encryption procedures.
These data cannot be detected, intercepted or used by third parties. They are not preserved either on our computer systems. SHOPIFY PAYMENTS is a technical service provider, and does not take in charge the contestations related to the orders. These must be settled directly with your bank. For more information about SHOPIFY PAYMENTS you can visit (www.shopify.com).
ARTICLE 9 - DELIVERY OF PRODUCTS
The Delivery is assured by the Deliverer selected by COURSICAB who acts in his name and under his only responsibility.
The conditions governing the service of Delivery are detailed in the General Conditions of use of COURSICAB of which the Customer must take knowledge.
The Customer is held to verify the state of the packing as well as the Articles during the Delivery. It is up to the Client to issue the reserves and the complaints which he considers necessary, even to refuse the parcel, when the parcel is damaged at the Delivery. The Customer must ensure that the Products delivered correspond to the Order.
ARTICLE 10 - CLAIMS
10.1. - Any questions or complaints concerning the Products collected from the establishment must be made within a maximum of twenty-four (24) hours after collection of the Products, to the Seller, by post, to the address shown on the invoice and on the confirmation e-mail sent at the time of any Order. After this period, no questions or claims shall be taken into account.
10.2. - Any question or complaint concerning the delivery service must be made by e-mail to the address: email@example.com
10.3. - Any question or claim concerning the functioning of the Site should be made by mail to the following address SAS CAFE PEREIRE- 9 PLACE DU MARECHAL JUIN - 75017 PARIS FRANCE.
ARTICLE 11 - SALE OF ALCOHOL and MINORS
10.1. 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 as amended by Law No. 2009-879 of July 21, 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited.
Consequently, the purchase of any alcohol-based product during the Order, is formally prohibited to minors under eighteen (18) years. The Customer may be asked to show proof of identity when picking up his or her Order at the establishment in case of doubt.
By completing your Order, you acknowledge that you have the legal capacity to enter into this Agreement.
By placing an Order that contains alcohol, you confirm that you are at least 18 years old.
Any violation of this section is your sole personal responsibility.
10.2. The abuse of alcohol is dangerous for your health. Please consume and enjoy in moderation. By placing an order on our website, you expressly waive the benefit of Article 1587 of the Civil Code, which states that the conclusion of the sale of wine becomes final only after tasting and approval of the buyer.
ARTICLE 12 - NO RIGHT OF WITHDRAWAL
According to the provisions of the article L. 121-20-2 3° of the Code of consumption, the right of retractation applicable as regards remote sale cannot be exerted in the case of the supply of goods which, because of their nature, are likely to deteriorate or to expire quickly.
In application of this text, as DESSIRIER only delivers fresh and perishable products, it is expressly stated that any order placed on the DESSIRIER Internet Site is firm and definitive and that the exercise of the right of retraction is excluded. Orders that have been definitively validated, paid for and withdrawn cannot be cancelled. No goods can be returned or exchanged.
ARTICLE 13 - OBLIGATIONS OF DESSIRIER
DESSIRIER undertakes to take all necessary steps to ensure that the Sales Order is properly filled and that all Products ordered are delivered to the client.
However, DESSIRIER shall not be bound to ensure the functioning of the DESSIRIER Internet Site in the event of force majeure understood, in the sense of French jurisprudence, as any unforeseeable, irresistible and external event such as strikes, bad weather, wars, embargoes, failures of the electrical network or the Internet network, satellite failures, etc. In addition, DESSIRIER's obligations are territorially restricted to the delivery zones shown on the DESSIRIER Internet Site. The information on the DESSIRIER Internet Site is given for information purposes only, subject to error or omission.
ARTICLE 14 - RESPONSIBILITY
DESSIRIER, in the process of selling online, is only bound by an obligation of means.
DESSIRIER cannot be held responsible for damages of any kind, whether material or immaterial, which could result from a misuse of the identifier or the method of placing an order. DESSIRIER shall not be held liable for any risk inherent in the use of the Internet such as loss of data, intrusion, viruses, service interruption or any other similar risk.
Within the framework of an Order in Delivery, the Delivery is ensured by COURSICAB in its name and under its only responsibility. Consequently the responsibility of DESSIRIER can in no case be committed for damage resulting from the service of Delivery.
The Products sold on the DESSIRIER Site are in conformity 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 DESSIRIER responsible for ensuring that the Products conform to the contract are indicated in the Order confirmation e-mail sent to the Customer following confirmation of the Order.
However, DESSIRIER shall not be held liable for any failure to execute or improper execution of the Sales Order on the part of the Customer. You are solely responsible for your computer. It is your responsibility to check that the computer configuration used does not contain any virus and that it is in perfect working order. DESSIRIER shall not be held responsible for the delay, loss or misdelivery of an e-mail, nor for whether or not it is sent to an incorrect e-mail address.
ARTICLE 15 - DATA PROCESSING AND FREEDOM
DESSIRIER undertakes to protect the personal data that You provide when registering on the DESSIRIER Internet Site or when placing an order by telephone (name, address, telephone number, bank details, etc.), which are necessary for processing the order.
In accordance with the provisions of Law No. 78-17 of January 6, 1978 as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", subject to proof of identity, You have the right to request that personal data concerning You be rectified, completed, updated, locked or deleted if such data is inaccurate, incomplete, equivocal, outdated, or if the collection, use, communication or retention of such data is prohibited.
You also have the right to object, on legitimate grounds, to personal data concerning You being processed. However, such an objection will make it impossible to take an order and/or to deliver the order.
You can exercise these rights by sending a letter with proof of identity to the following address DESSIRIER - Café Pereire SAS, Informatique et Libertés, 9 Place du Maréchal Juin - PARIS 17.
The person in charge of the collection and processing of this data is the company CAFE PEREIRE SAS, whose coordinates are given above. These data will be used only for the needs of processing your order and will not be communicated to third parties without your prior authorization. In case You have expressed the wish, You may receive commercial proposals from the company DESSIRIER and its commercial partners.
ARTICLE 16 - INTELLECTUAL PROPERTY RIGHTS
The general structure of the Site, all elements of any kind contained on the DESSIRIER Site, including in particular software, database structures, photographs, visuals, videographies, texts, drawings, still or animated images, sounds, graphics and logos are the exclusive property of DESSIRIER or, where applicable, of their respective owners from whom DESSIRIER has obtained prior authorisation to use them and are protected by intellectual property rights.
In particular, the Customer agrees not to reproduce and/or represent, download, sell, distribute, issue, translate, adapt, exploit, distribute, broadcast and communicate, in whole or in part, in any form whatsoever, whether or not for commercial purposes, any original intellectual work or content appearing on the Site.
Failing this, the Customer is liable to legal proceedings.
ARTICLE 17 - APPLICABLE LAW - LANGUAGE AND SETTLEMENT OF DISPUTES
The present GTC and the operations which result from it are governed and subjected to the French law.
In the event that they are translated into one or more foreign languages, only the French version shall be deemed authentic in the event of a dispute.
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 DESSIRIER in order to seek an amicable solution.
All disputes that cannot be resolved amicably between the DESSIRIER and the Customer within one (1) month of its notification shall be submitted to the competent French courts under the conditions of common law.
ARTICLE 18 - LEGAL NOTICES
The editor of the DESSIRIER website (www.restaurantdessirier.com) is the company CAFE PEREIRE SAS, with a capital of 95.400 euros, registered in the Paris Trade and Companies Register under the number 409 137 072, whose head office is located at 9, Place du Maréchal Juin - 75017 PARIS represented by Carole ROSTANG.
The director of the publication is Mrs Sophie Rostang.
The provider of hosting is the company Shopify France.