General terms and conditions of sale Madame Brasserie and of the website

GENERAL TERMS AND CONDITIONS OF SALE

SODEXO LIVE!

AND GENERAL TERMS AND CONDITIONS OF USE

OF ITS WEBSITES

 

PART I – GENERAL TERMS AND CONDITIONS OF SALE

For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:

. “Customer”: any natural person or legal entity acting as a consumer within the meaning of the Consumer Code, i.e. for purposes not in connection with its commercial, industrial, artisan, professional or agricultural activity;

. “Service Provider”: Umanis, the company responsible for providing the services;

. “Services”: catering services and/or services proposed directly by the Service Provider or indirectly via its website.

. “Website”: the Service Provider’s Website and the portals and variations of associated URLs, where applicable;

 

Article 1 – General provisions

1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. They take precedence over all terms and conditions of purchase which may be enforced there against and express the entirety of the rights and obligations of the parties and are inseparable, where applicable, from the “General Terms and Conditions of Use” section below for any booking and/or order placed via a website of the Service Provider.

1.2 The Service Provider reserves the right to not accept booking for events of which the electoral, political or religious nature is incompatible with or prejudicial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.

1.3 If any one of the clauses hereof (in full or in part) were to prove unlawful, invalid or inapplicable, the other provisions would remain in force.

1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of asserting said rights.

1.5. This document is written in French.

Article 2 – Prices

Prices are expressed in euros, exclusive or inclusive of tax. Prices can be revised at any time without prior notice.

The prices invoiced are those in force on the day of the booking. They are subject to the VAT rates in force, applicable on the day of the service. All new taxes or charges which may be created, or any change to current charges or taxes, shall automatically entail the adjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of the capacities available, and may vary as a result. It is for the Customer to assess, before approving the booking, whether the price is acceptable. No dispute regarding the price may be considered at a later date. The prices of services other than the main services cannot be amended after the booking.

Article 3 – Booking and payment terms

3.1 The Service Provider shall make these General Terms and Conditions available to the Customer on its website so that it can read them prior to any booking.

Bookings shall be made in writing, by email, telephone, messaging or data exchange or directly on the Service Provider’s website. To make a booking, the Customer must be at least 18 years of age and have legal capacity to enter into a contract.

Any fraud in breach of these General Provisions may result in refusal by the Service Provider, at any time, to allow access to the Services.

3.2 Any booking implies acceptance of these General Terms and Conditions and shall become effective once confirmed to the Customer by email or approved on a Customer extranet or via a data exchange.

3.3 Payment must be made immediately and in full. Payments may be made in cash (within the maximum permitted by the regulations), cheque (drawn exclusively on a bank domiciled in France), bank card, wire transfer or any other payment method accepted by the Service Provider. Customers who pay by bank card undertake to use only a card owned by them, in person. The Service Provider cannot be held liable in the event of fraudulent use. The Customer shall indicate the number, validity date and security code of their bank card at the time of payment. Remote payment by bank card is fully secured by SSL protocol and carried out by an organisation specialising in secure online transactions. Transmission of bank data takes place by secure link and directly on the website of said organisation. In any event, the non-availability of the electronic payment service cannot under any circumstances release the Customer from their obligation to pay for the chosen Services.

3.4 Any delay in payment will, after the sending of a notice to remedy, result in the invoicing of late payment interest exclusive of tax, equivalent to application of a rate equal to the European Central Bank rate, plus 10 points. These penalties will be applied from the due date of the principal up to the date of actual payment in full.

A fixed indemnity compensating recovery costs of €40 will be automatically due by all professionals in the case of any delay in payment (Art. L.441-5 of the Commercial Code).

3.5 An additional invoice will be issued after the event for all services and overtime not previously included.

Article 4 – Cancellation

4.1 For reservations of up to 10 people, it is possible to cancel free of charge up to 72 hours before the date of service.

4.2 By way of derogation from article 10, and for bookings of more than 10 people, the booked service may be cancelled under the following conditions:

. free of charge up to 60 days before the service,

. 59 to 10 days before the service: 70% of the total amount of the booking,

. less than 10 days before the service: 100% of the total amount of the booking.

4.3 In the event of full or partial cancellation of the scheduled service or its content caused by a refusal of authorisation by the authorities or by any fact independent of the will of the Service Provider, the Service Provider shall refund the Customer for the amount corresponding to the part of the Service not provided. The Customer has 6 (six) months from the initial scheduled date of the service to request payment of this refund from the Customer Relations Department (see Article 14). Under no circumstances may the Customer claim payment of any costs, indemnities or damages which may be claimed in this respect; the Customer will be responsible for the organisation of the event at another venue.

4.4 Gift vouchers cannot be cancelled, refunded or exchanged.

Article 5 – Internal regulations

5.1 The Service Provider will do everything in its power to ensure that the services are provided under the terms and conditions provided for in the booking. Under no circumstances may the number of attendees present at the venue exceed the capacity established for each venue.

5.2 Any equipment or items which may prove hazardous for customers or the Service Provider’s staff will be refused.

5.3 Correct dress and respectful behaviour in compliance with the safety rules are required.

5.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refunded the price paid, the Service Provider also reserving the right to take all measures that it deems appropriate.

5.5 For further information, the Customer may access the Eiffel Tower visitor regulations at any time athttps://docplayer.fr/1448-Reglement-de-visite-de-la-tour-eiffel.html issued by SETE (the Eiffel Tower operating company).

The Customer must adhere to his confirmed ascent times. Otherwise, he may not be granted access to the lift. The Customer may not claim any reimbursement or compensation in this respect.

Article 6 – Confidentiality

The parties mutually undertake to maintain the strictest confidentiality in respect of all documents and information that are brought to their attention in relation to the performance of the Services.

Article 7 – Intellectual property

The Service Provider is the owner of all intellectual property rights relating to its brands and Website. Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, all or part of the Service Provider’s trademarks without its prior authorisation. Any use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may be the subject of any appropriate action, including an action for infringement.

Article 8 – Liability – Insurance

The Service Provider accepts no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or which are entrusted to it. The Service Provider will invoice the Customer for any theft or damage to property or real property caused at the venue where the service is provided by itself or one of its participants. In the event of failure to fulfil its contractual obligations, the Service Provider may not reimburse more than 100% of the service ordered. The Service Provider declares that it has taken out insurance with a reputedly solvent company covering its civil operating liability for up to 8 million euros, and notably in the event of food poisoning.

Article 9 – Force majeure

The Service Provider or the Customer reserves the option of cancelling a service in the case of a force majeure event (fire, explosion, attack, natural disaster, flood, administrative restrictions, etc.). Any event, such as a pandemic, that meets the criteria of force majeure and significantly affects the performance of the Services ordered or the performance of the contract in order to comply with the health control measures put in place by the French government authorities shall be considered to be a case of force majeure. In such circumstances, the sums paid by the Customer will be refunded without the Customer being entitled to any additional compensation.

Article 10 – Right of withdrawal

Under Article L .221-28(12) of the Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities which must be supplied on a specified date or during a specified period.

Article 11 – Personal data

The Customer’s Personal Data are collected and processed in compliance with Act No. 78-17 of 6 January 1978 in force and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. For more information, the Customer is invited to consult our Privacy Policy, available on the Website of the Service Provider concerned.

Article 12 – Receipt of notifications and newsletters

The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at sales.support.ssl@sodexo.com or via the unsubscribe link included in any offer we may send to the Customer by email. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection. Under Article L.223-2 of the Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).

Article 13 – Proof

It is expressly agreed that, barring an obvious error established by the Customer or by the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Service Provider constitutes evidence and, if it is produced as evidence in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is drawn up, received or retained in writing.

Article 14 – Complaints

In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post, at the address Sodexo Live! - Customer Relations Department– CPH 251 – 30 cours de l’Ile Seguin – 92777 Boulogne-Billancourt cedex - France or by email at sales.support.ssl@sodexo.com.

In the event of a dispute between a professional and a consumer, they shall use their best endeavours to find an amicable solution. Failing an amicable agreement, the consumer has the option of referring the matter free of charge to the professional’s consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:

- either by completing the relevant form provided on the AME CONSO website:www.mediationconso-ame.com;

- or by sending a letter to AME CONSO, 11 Place Dauphine, 75001 Paris, France.

Legal persons may not refer their complaints to the Ombudsman.

Article 15 – Applicable law – Disputes

This contract is governed by French law. It must be implemented and interpreted in compliance with this law.

In the event of any dispute, the Customer will contact the Service Provider in order to find an amicable solution.

The Customer is advised that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sector-based mediation bodies or to any alternative dispute settlement method (conciliation, for example) in the event of any challenge.

Failing an amicable agreement, the case will be brought before the competent courts, it being stated that the deadlines in which to initiate proceedings shall not interrupted during the period of seeking said amicable solution.

In the event of any dispute or challenge, the French courts alone will have jurisdiction and French laws alone will apply. Disputes arising with our customers registered in the Companies Register will be submitted to the Commercial Court of Paris.

All of the above clauses will be respected in full by each party.

 

 

202203

 

PART II – GENERAL TERMS AND CONDITIONS OF USE

OF WEBSITES

 

The purpose of this section of the General Terms and Conditions of Sale and Use of the Service Provider’s Website is to define the terms and conditions of availability of, access to and use of the Service Provider’s website; said terms and conditions are enforceable on the Users.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.

For the purposes of this section, the terms defined below, both in the singular and in the plural, have the following meanings:

“Contribution”: all content (photographs, images, information, remarks, comments, CVs, cover letters, etc.) that may be published, edited, drafted, shared, deleted and/or modified on the Website by the User;

“GTCU”: these general terms and conditions of use;

“Publisher”: the company or companies publishing the Service Providers’ Website(s) mentioned in the Legal Notices;

“Website”: the Service Provider’s Website and the portals and variations of associated URLs, where applicable;

 “User”: anyone logging on to the website, such as the Customer, visitors, etc.;

“Functionality”: services made available to the User on the website, as described below;

“Services”: the services offered, which may be booked by the User under the terms and conditions set out on the website.

Article 16 – Access to the Functionalities

Access to the Functionalities of the Website is open to anyone browsing on said site and is conditional on compliance herewith. Users are informed that they have the option of saving and printing these GTCU by using the standard functionalities of their browser or computer. By using the Functionalities, Users acknowledge that they have obtained from the Service Provider all the necessary information about the Functionalities and that they unconditionally accept the GTCU.

All Users undertake, having accepted the GTCU, to comply with them scrupulously. Failure to comply with the GTCU renders Users liable and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the Website and to the associated Functionalities.

Users are responsible for the use they make of the information made available to them by the User [sic: Publisher] in connection with the Functionalities and must take into consideration all notices featuring in these GTCU and on the website.

The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the Website and a User might therefore not have access to all or part of the Functionalities below.

Article 17 – Functionalities

The website allows the User to access all or part of the following Functionalities:

17.1 Viewing information about the Services. This functionality allows the User to have access to information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).

17.2 Booking. The User may book Services on the website. The terms and conditions of access to the Services and how to order them are shown on the Website and herein. In any event, the User undertakes to ensure that all information provided to the Publisher (including Personal Data) at the time of registration is always truthful, accurate, complete and up-to-date. In particular, the User undertakes not to create a false identity likely to mislead the Publisher or any third party and not to steal the identity of another natural person. In the event of any changes, the User undertakes to update all the information concerning him/her immediately. If the User provides any false, inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher may immediately suspend or terminate the User’s account and temporarily or permanently refuse access to all or part of the Functionalities.

17.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, the User may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.

17.4 Submission of applications. The User may submit an unsolicited application in accordance with the terms and conditions set out on the Website.

Article 18 – User Contributions

Users undertake to ensure that their Contributions comply with all applicable laws and regulations. Prohibitions include, but are not limited to, publishing any Contribution the content of which would, or would be likely to, infringe:

- Public order or accepted standards of behaviour,

- The rights of third parties (image rights, privacy, etc.),

- The intellectual property rights of any third party and/or Sodexo.

In this respect, the User undertakes to ensure that his/her Contributions are relevant to the context. They must not contain subjective comments, especially if they are excessive or insulting, or reveal, directly or indirectly, any information considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, information relating to health or sex life, offences, convictions or security measures).

The User declares that he/she accepts all civil and criminal liability that might result from the publication of his/her Contributions on the Website. In addition, the User will hold the Publisher harmless against any action, of any kind whatsoever, which might be brought against it by any interested person regarding the User’s failure to comply with the foregoing provisions.

It is specified that in the event of failure by the User to comply with the provisions of this article, Sodexo reserves the right to remove from the Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or terminate the User’s access to the website without prior notice.

Article 19 – Terms and conditions for providing access to the Website

19.1 Availability. Access to the Website is open and free to any User with internet access. All costs relating to access, for hardware, software or Internet access, shall be exclusively borne by the User. Users shall have sole responsibility for the correct functioning of their computer equipment and for their internet access.

The Publisher will use all reasonable means to provide the User with continuous access to the Website, but certain Functionalities may be subject to varying availability.

The Publisher cannot be held liable for website unavailability in the event of operations relating to maintenance, testing, security or repair, or of any other nature whatsoever.

However, the Publisher reserves the right, without prior notice or compensation, to temporarily or permanently close down the Website or access to one or more Functionalities, including in order to perform an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, this list of reasons not being exhaustive. The Publisher also reserves the option of suspending, interrupting or bringing a permanent end to any access to all or part of the Website in the event of force majeure, as defined by case law, or any other event beyond its control.

The User acknowledges the Publisher’s right to choose and/or change the infrastructure and/or the country where the Website is hosted as it sees fit.

19.2 Faults – Malfunctions. The Publisher does not guarantee that the Website will be free from faults, errors or bugs, or that these can be rectified, or that the Website will function without interruption or failure, or that it is compatible with particular hardware or particular settings.

Under no circumstances can the Publisher be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, regardless of whether or not they are incorporated into the Website or provided therewith, or for issues related to communication or unavailability of the Website due to technical problems beyond the Website’s control, whether due to:

- the User’s equipment;

- the internet service provider;

- the User’s hosting provider;

- or generally to a force majeure event.

The User further declares that he/she is aware of the nature and limitations of the internet, particularly its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. Users will be responsible for monitoring possible developments in computing and data transmission resources at their disposal in order to adapt them to developments in the Website.

Article 20 – Publisher’s liability

The Publisher cannot be held liable for loss or harm of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or any temporary or permanent, total or partial, unavailability of the Website or of any Functionality, whatever the origin or source. More broadly, except in the event of wrongdoing on its part, the Publisher is not liable under any circumstances for loss or harm of any kind (including loss of profits or of opportunity, etc.) which might result from the use of the Website, including loss of data, including Personal Data, intrusion, virus, suspension of service and/or Functionalities, fraudulent use of a bank card, etc.

In the event of improper use or illegal exploitation of the Website by a User, the User shall bear sole liability for any damage of any kind caused to third parties and to the Publisher, and for any resulting consequences, claims and/or action.

Furthermore, Sodexo will not be liable in the event of “force majeure” situations as defined by applicable laws and French case law.

Article 21 - Cookies

Some of the User’s information may be collected when accessing this Website for the purposes of personalising and improving the User’s experience. For more information, the User is invited to consult our Cookie Management Policy.

Article 22 – Term and termination

This agreement is entered into for an indefinite term and shall remain in full force and effect as long as the User uses the Functionalities or keeps his/her personal account.

The Publisher reserves the right to take all necessary measures, including the removal of a personal account, without having to give any reason or notice, undertake any formalities or pay any compensation to the User in the event of a binding court decision, force majeure event, breach of these GTCU or the law, or suspected fraud.

The Publisher will notify the User by any appropriate means of the measure taken and the reasons for taking such a decision. The User’s personal account will no longer be accessible from the date of termination and all Functionalities will be immediately suspended. Such termination will take place without prejudice to any damages that might be claimed as compensation for the loss or harm suffered as a result of such breaches.

At the time of termination, the rights and licences granted to the User will be terminated and the User will cease all use of the Website. The User will not be entitled to any compensation.

Article 23 – Hyperlinks

This Website may contain links (including hyperlinks) to other websites or applications that are not under the Publisher’s control. The Publisher is not liable for the content of these sites or applications, the links they contain, or for any changes or updates made to them. It is not possible to create a hyperlink to third-party websites without the express authorisation of the Publisher. Under no circumstances may the Publisher be held liable for the creation of a hyperlink on this Website.

Article 24 – General provisions

24.1. Changes to the GTCU. The Publisher reserves the right to change, supplement or update all or part of the GTCU at any time, particularly in order to comply with any legislative, regulatory, technical and case-law changes that may arise. In such cases, the applicable provisions will be those in force on the date they are put online and they will be enforceable on the date of use of the Website by the User.

24.2. Entire agreement. If any one of the clauses hereof (in full or in part) proves unlawful, invalid or inapplicable, the other provisions shall remain in force. The invalid or unenforceable portion will be replaced by a valid provision having the same legal effect.

24.3. Forbearance. The fact that the parties do not exercise rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the enforcement of said rights.

24.4. Agreement on evidence. It is expressly agreed that, barring an obvious error established by the User or by the Publisher, the data stored in the Publisher’s information system has probative value. The data on computer or electronic media retained by the Publisher constitute evidence and, if they are furnished as evidence in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative value as any document that is drawn up, received or retained in writing.

 

 

V202203