General Conditions of Sale and Use
1. About us LOCAFÉ, SARL, with a capital of 5,000 euros, whose registered office is at GRENOBLE (38000) 31 Rue d'Alembert, registered in the GRENOBLE trade and companies register under number 849 989 363 represented by Mr. Michel ARIZA (hereinafter the "Company"). The Company offers the following services: Book places for afterworks, order take-out.
2. Preamble
The Company invites its Users to carefully read these General Conditions of Sale and Use (hereinafter the "GTC / GTCU"). The T & Cs / T & Cs apply to all the Services provided by the Company to its Customers in the same category, regardless of the clauses that may be included in the Customer's documents and in particular its general purchasing conditions. The T & Cs are systematically communicated to the Customer who requests them. The Customer is required to read the T & Cs / T & Cs before placing an Order. In the event of a subsequent modification of the T & Cs / T & Cs, the Customer is subject to the version in force at the time of his Order. The data recorded in the Company's computer system constitutes proof of the transactions concluded with the Client.
3. Definitions
"Customer" means any natural or legal person who places an Order on this Website; "Order" means any order placed by the User registered on this Site, with a view to benefiting from the Company's Services; "General Conditions of Sale and Use" or "GTC / GCU" designate these general conditions of sale and use online; “Consumer” means the purchaser who is a natural person who is not acting for professional needs and / or outside his professional activity; "Professional" means the purchaser who is a legal or natural person who acts within the framework of his professional activity; "Services" means all the services offered to Users by the Company through this Site; "Site" means this Site, ie www.locafegrenoble.com; "Company" means the Locafé Company, more fully designated in Article I hereof; and "User" means any person who makes use of the Site.
4. Registration
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personalities and legal capacities. The use of the Services offered on the Site is conditional on the User's registration on the Site. Registration is free. To proceed with the registration, the User must complete all the mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed. The Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is exact and conforms to reality. They undertake to update their personal information from the page dedicated to them and available in their account. Any registered User has a username and password. These are strictly personal and confidential and must in no case be communicated to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation. Each User, whether a legal or natural person, can only hold an account on the Site. In the event of non-compliance with the GTC / GTCU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all the accounts created by the 'Registered user offender. The deletion of the account entails the definitive loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event of deletion of an account by the Company for breach of the duties and obligations set out in the T & Cs / T & Cs, the offending User is formally prohibited from re-registering on the Site directly, through another email address. or by an intermediary without the express authorization of the Company.
5. Service provision and prices
The Services covered by the T & Cs are those which appear on the Site and which are offered directly by the Company or its partner service providers. The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot be held responsible for the impossibility of performing said service when the User is not eligible. When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros all taxes included (TTC) and takes into account the applicable reductions in force on day of the Order. The price indicated does not include incidental costs which will be indicated, if applicable, in the summary before placing an order. The Company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price cannot be known a priori or indicated with certainty, a detailed estimate will be sent to the Customer. Under no circumstances may a User require the application of reductions no longer in force on the day of the Order.
6. Orders
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual shopping cart. He can access the summary of his virtual basket in order to confirm the Services he wishes to order and place his Order by pressing the “Order” button. He must then enter his address, the delivery method and a method of payment. valid in order to finalize the order and effectively form the sales contract between him and the Company. The registration of an Order on the Site is carried out when the Customer accepts the GTC / GTCU by checking the box provided for this purpose and validating his Order. This validation constitutes proof of the sales contract. The finalization of the Order implies acceptance of the prices and terms of performance of the services as indicated on the Site. Once his Order has been placed, the Customer will receive confirmation thereof by e-mail. This confirmation will summarize the Order and information relating to the performance of the service (s). In the event of non-payment, incorrect address of the Customer or other problem on the Customer's account, the Company reserves the right to block the Customer's order until the problem is resolved. If it is impossible to perform the service, the Customer will be informed by e-mail to the address provided to the Company. The cancellation of the order for this service and its reimbursement will in this case be made, the rest of the order remaining firm and final.
7. Terms and conditions of payment
Unless otherwise specified, all sales are paid on site. Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice. In the event of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
8. Performance of services
The provision of services ordered on the Site will be provided by: The Company The Company undertakes to use all human and material resources to perform the service within the deadlines announced when placing the Order. However, it can in no way be held responsible for delays in the performance of services caused by faults which are not attributable to it. If the services have not been carried out within the time limit set, the cancellation of the sale may be requested by the Customer under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Customer will be returned to him at the latest within fourteen days following the date of termination of the contract. This provision does not apply when the delay of the Company is due to a fault of the Customer or a case of force majeure, i.e. the occurrence of an unforeseeable event, irresistible and beyond the control of the Society. In the event that the performance of a physical service could not have been carried out or would have been postponed due to an error in the address indicated by the Customer, the travel costs of the service provider appointed by the Company to carry out the unsuccessful service will be the responsibility of the Customer.
9. Complaint
For all Orders made on this Site, the Customer has a right of complaint of 20 from the provision of the Service. To exercise this right of complaint, the Customer must send the Company, to the address contact.locafe@gmail.com, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents. A complaint that does not comply with the conditions described above cannot be accepted. After examining the complaint, the Site may, if necessary, replace or reimburse the provision of Services as soon as possible and at its expense.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 30 days from the placing of the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below: "The right of withdrawal cannot be exercised for contracts: 1 ° For the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his 2 ° For the supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; 3 ° The supply of goods made to the consumer's specifications or clearly personalized; 4 ° The supply of goods liable to deteriorate or expire quickly; 5 ° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for for reasons of hygiene or health protection; 6 ° The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; 7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional; 8 ° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; 9 ° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 10 ° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; 11 ° Concluded at a public auction; 12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period; 13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal. "To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact.locafe@gmail.com. He will be reimbursed for all costs paid for the provision of services within 14 days of the Company becoming aware of its declaration of withdrawal. The reimbursement will be made by the same means of payment as the one used for the purchase. reimbursement This will be made by the same means of payment as for the purchase.
11. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site. This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has at all times , a right of interrogation, access, rectification, modification and opposition to all of his personal data by writing, by mail and justifying his identity, to the following address: contact. locafe@gmail.com. This personal data is necessary for the processing of his Order and the establishment of his invoices if applicable, as well as the improvement of the functionalities of the Site.
12. Sharing of collected data
The data collected on this site is only used for the processing of orders and subscriptions and is in no way shared.
13. Data protection
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures do not in any way constitute a guarantee and do not '' not commit the Company to an obligation of result concerning data security.
14. Cookies
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie is used to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a so-called “cookie” file on the user's hard drive. The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction can in no way constitute damage to the member, who cannot claim any compensation for this fact.
15. Amendments
The Company reserves the right to modify the Site, the services offered there, the GTC / T & Cs as well as any delivery procedure or other component of the services provided by the Company through the Site. When placing an Order, the User is subject to the stipulations set out by the T & Cs in force when placing the Order.
16. Liability
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it does everything in its power to ensure the service at all times, it is possible that it is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation. As previously mentioned herein, the Company can in no way be held responsible for delays in providing a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault is not may be attributable to him.
17. Intellectual property
The brand, logo and graphic charter of this Site are trademarks registered with the INPI and works protected by intellectual property, the property of which belongs exclusively to the Company. Any distribution, exploitation, representation, reproduction, whether partial or complete without the express authorization of the said company, will expose the offender to civil and criminal proceedings.
18. Jurisdiction clause
The law governing the T & Cs is French law. Any dispute that may arise between the Company and a User during the execution of these conditions will be the subject of an attempt to resolve amicably. Otherwise, disputes will be brought to the attention of the competent courts of common law. The Customer is informed that he can resort to conventional mediation, with the Consumer Mediation Commission provided for in article L534-7 of the Consumer Code or with existing sectoral mediation bodies. He may also resort to any alternative dispute resolution method in the event of a dispute.
19. Pre-contractual information
Prior to his Order, the Customer acknowledges have received, in a readable and understandable manner, the GTC / GTCU and the information and information provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular: the essential characteristics of the Services; the price of the Services; the date or the deadline on which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone, electronic contact details); information relating to legal and contractual guarantees and their implementation methods; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (time limit, modalities of exercise). Placing an Order on the Site implies acceptance and acceptance of the GTC / GTCU. The Customer may not rely on a contradictory document.
20. Contact details of the mediator
Michel Ariza 31 Rue d'Alembert, Grenoble 38000