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.
Translated into English for
information purposes only. In the event of a dispute, the French version shall
take precedence.
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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.
Translated into English for
information purposes only. In the event of a dispute, the French version shall
take precedence.
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