GENERAL CONDITIONS OF SALE
The website www.bouillonlesite.com has been implemented by the company BOUILLON PIGALLE, a simplified joint stock company registered in the Paris Trade and Companies Register under the number 821 297 561, represented by its President, Mr Guillaume Moussié.
Any order taken under a product appearing in the online store of the website www.bouillonlesite.com/bouillon-service, implies the prior acceptance of these general conditions.
Consequently, the consumer acknowledges to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require a handwritten signature, insofar as the customer wishes to order online the products presented on the website.
The consumer can save or edit the present general conditions. Please note that any saving or editing of this document is his sole responsibility, these general conditions of sale may be subject to change.
In this case, the applicable conditions will be those in force on the website at the date of the order. The website www.bouillonservice.fr mentions the following information:
- Legal provisions allowing the identification of the company SAS BOUILLON SERVICE;
- Presentation of the essential characteristics of the products offered;
- Price of the products in euros (including VAT);
- Information on the terms of payment, delivery or execution.
All the information is presented in English. The consumer declares to have full legal capacity allowing him to commit himself under these general conditions.
It is recalled that the sale of alcohol to minors under sixteen (16) years is prohibited (Article L. 3342-1 of the Public Health Code).
ARTICLE 1: COMPLETENESS
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation, the entirety of the provisions set out in these general conditions of sale.
ARTICLE 2: PURPOSE
The present contract is an electronic distance selling contract whose purpose is to define the rights and obligations of the parties in the context of the sale of products online. In this sense, it complies with the French regulations in force, namely:
- Law 2004-575 known as the Law on Confidence in the Digital Economy
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers
The purpose of these articles is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company SAS BOUILLON SERVICE to the consumer.
ARTICLE 3: CONTRACTUAL PROVISIONS
3.1. The contract is concluded upon receipt by SAS BOUILLON SERVICE of the order form by telematic means and once the accuracy of the data relating to the order has been verified.
Before proceeding with the purchase of products by transmitting the order form, you will be asked to carefully read the General Conditions of Sale.
The order form will be archived in our database for the time necessary for the dispatch of orders and in accordance with the legal deadlines.
By submitting the order form, you declare that you are aware of and accept the General Conditions of Sale and the information contained on the website www.bouillonlesite.com/bouillon-service
Before proceeding with the transmission of the order form, you will also be asked to detect and correct any eventual data entry errors.
3.2. Once the contract is concluded, SAS BOUILLON SERVICE will take charge of your order.
In the event that the products presented on the website www.bouillonservice.fr are no longer available or on sale at the time of your last access to the website or the sending of the order form, the company SAS BOUILLON SERVICE undertakes to replace the missing product with a product of the same price or the same range.
ARTICLE 4: ENTRY INTO FORCE
The present general conditions come into force at the time of the validation of the order.
ARTICLE 5: ORDER FORM, ACCOUNT CREATION
Ordering on the website www.bouillonlesite.com/bouillon-service, implies a prior registration of the customer for the creation of a customer account.
5.1 Registration to the Website www.bouillonservice.fr
When registering on the website www.bouillonlesite.com/bouillon-service, the customer must provide a valid e-mail address and a password. This email address, along with the password, will allow the client to be identified during future connections to the website www.bouillonlesite.com/bouillon-service.
SAS BOUILLON SERVICE cannot be held responsible for any fraudulent use of the customer account by a third party who has access to the customer’s identifier and password, whether the customer consents or not.
Once registration is complete, a summary email will be sent to the customer at the e-mail address indicated.
5.2 Login to www.bouillonservice.fr
For every order, the customer will have to identify himself and connect to his customer space, or the option not to register. In the latter case, the customer will have to enter his Last Name, First Name and Phone Number to identify his order.
In case of loss or forget of his password, the customer will be able to reset it by clicking on the link “I have lost my password” and by entering his email address. An email containing the password will then be sent to the email address indicated.
5.3 Choice of the order
Once connected to the website www.bouillonlesite.com/bouillon-service, the customer will be able to access the Bouillon Service! card as well as all its products.
In order to place an order, the customer will have to click on “order online” and choose the products he wishes to purchase.
The products presented on the website www.bouillonlesite.com/bouillon-service card are subject to availability in the Bouillon Service point of sale associated with the order.
If stocks are exhausted, your Bouillon Service point of sale will try, if possible, to contact you.
ARTICLE 6: ORDER VALIDATION AND ELECTRONIC SIGNATURE (LAW OF MARCH 13, 2000 ON ELECTRONIC SIGNATURE)
Any order form signed by the consumer by “double clicking” constitutes an irrevocable acceptance which can be questioned only in the cases restrictively envisaged in the present general conditions of sale such as the “out of stock”.
The “double click” associated with the procedure of authentication and non-repudiation and the protection of the integrity of the messages constitutes an electronic signature.
This electronic signature has value between the parties as if it were a handwritten signature.
ARTICLE 7: ORDER CONFIRMATION
Contractual information will be confirmed by email.
Once the contract has been concluded, SAS BOUILLON SERVICE will send you a receipt for your order by email, containing a summary of the information entered on the order form (General Terms of Sale, information on the essential characteristics of the product and detailed indication of the price, means of payment, and a QR CODE for identification).
The company SAS BOUILLON SERVICE cannot be held responsible for any input errors.
ARTICLE 8: PROOF OF TRANSACTION
The computerized registers, kept in the computer systems of SAS BOUILLON SERVICE for security reasons, are considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium, which can be produced as proof.
ARTICLE 9: PRODUCT INFORMATION
9.1 The company SAS BOUILLON SERVICE presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order is taken the essential characteristics of the products he wishes to purchase.
9.2 SAS BOUILLON SERVICE cannot be held responsible for the non-execution of the contract in the event of stock shortage or unavailability of the product, force majeure, flooding, or fire. The company SAS BOUILLON SERVICE cannot be held responsible for any loss of data, files or damage as defined in the previous paragraph.
9.3 Hypertext links may lead to other websites other than www.bouillonservice.fr. The company SAS BOUILLON SERVICE is not responsible if the content of these websites contravenes the legal and regulatory provisions in force.
ARTICLE 10: PRICES
The prices mentioned are recommended selling prices in Euros (€) and include all taxes in force on the day of the order as well as the costs related to the processing of the order.
They are applicable only on the date of validation of the order by the consumer. Product prices may be modified at any time by SAS BOUILLON SERVICE. Product prices may be subject to updates.
Prices take into account the VAT applicable on the day of the order and any change in the legal VAT rate will automatically be reflected in the price of products presented on the website, on the date stipulated by the implementing decree.
The totality of the payment must be realized at the time of the order.
At no time, the paid sums could be regarded as deposits or installments.
ARTICLE 11: METHOD OF PAYMENT
11.1. In order to pay for the products you will be able to follow the procedures indicated in your order form.
11.2 In the case of payment by credit/debit card, financial information (for example, the credit/debit card number or the due date) will be transferred to the banks providing the services related to remote electronic payment, without third parties having access to it under any circumstances.
Such information will never be used by SAS BOUILLON SERVICE, except to complete the procedures related to your purchase or to issue refunds in the event of a possible “stockout”.
11.3 To pay for his order, the consumer has as payment methods, the payment by credit card – secure payment. In this case, the price for the purchase of the products, as indicated on the order form, will be debited to your current account at the time of purchase of the products. If the customer comes directly to collect his order, he will be able to pay by credit card, in cash or by meal vouchers.
The payments are cashed as soon as the order is validated.
11.4. The company SAS BOUILLON PIGALLE reserves the right to suspend all order processing and delivery in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment.
ARTICLE 13: NO RIGHT OF RETRACTION
With regard to the provisions of Article L. 121-20-2 3 of the Consumer Code, the right of withdrawal applicable to distance selling cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire quickly.
As SAS BOUILLON PIGALLE only delivers fresh and perishable products, it is expressly stated that any order placed on the website
www.bouillonlesite.com/bouillon-service or by telephone is both final and definitive and that the right of retraction is excluded.
ARTICLE 14: FORCE MAJEURE
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by an event of force majeure.
Will be considered as a fortuitous event or force majeure all facts or circumstances unavoidable, external to the parties, unforeseeable, beyond the control of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible.
ARTICLE 15: SETTLEMENT OF DISPUTES AND LITIGATION RIGHTS
These General Conditions of Sale are subject to French law. In case of dispute, the litigation will be submitted to the French courts.
In case of dispute, the customer can first contact the seller to seek an amicable solution.
The customer also has the possibility of seizing the commission of the Médiation Franchise Consommateurs (MFC).
Prior to seizing it, the customer must:
- Write to the restaurant concerned by registered mail with acknowledgement of receipt;
- Send a copy of this mail by simple letter to our consumer service at the following address: Bouillon Service-Service Consommateur. 39 Boulevard du temple 75003 Paris
To refer to the Commission of the Médiation Franchise Consommateurs (MFC), the customer must fill in a complaint form available on the website
http://www.franchise-fff.com/fff/mediation-franchise-consommateurs.html and send it by mail to the following address:
- Fédération Française de la Franchise
- Médiation Franchise-Consommateurs
- 29 Boulevard de Courcelles
In addition, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
ARTICLE 16: PARTIAL NON VALIDATION
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will maintain their full validity and scope.
ARTICLE 17: TITLE
In case of difficulty of interpretation between one of the titles appearing at the head of the clauses, and one of the clauses, the titles will be declared non-existent.
ARTICLE 18: APPLICABLE LAW
The present general conditions are subject to French law.
This applies to both substantive and formal rules.
In the event of a dispute or claim, the consumer should first contact SAS BOUILLON SERVICE to seek an amicable solution.
In the event of a dispute, the companies will favor an amicable settlement.
This attempt to find an amicable solution does not interrupt the time limits for taking action in guarantee. Otherwise, in accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have exclusive jurisdiction, except in the case of a contrary provision of public order.
ARTICLE 19: COMPUTING AND FREEDOMS
In accordance with the Computing and Freedoms law of January 6, 1978, you have a right of access, rectification, modification and deletion concerning the data which concern you.
You can exercise this right by sending us a letter to the following address SAS BOUILLON SERVICE, 39 Boulevard du Temple, 75003 Paris.
ARTICLE 20: COOKIES
If you choose not to provide information to Google Analytics, you can download and install the “Google Analytics Opt-out Browser Add-on” in your web browser. It is available for Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari and Opera at https://tools.google.com/dlpage/gaoptout?hl=fr
You are informed, upon your first connection to the Website and before any recording on your computer, of the installation of these cookies, of their purpose and of the methods for expressing your possible opposition to the installation of navigation cookies. Once informed, if you have not exercised your right to oppose the installation of these cookies by setting your browser accordingly, you consent to the installation of cookies.
In the event that you refuse to install cookies, you acknowledge and accept that this refusal will be memorized by the installation of a specific refusal cookie. You can configure your Internet browser at any time to restrict, block or delete the Website’s cookies.
ARTICLE 21: LEGAL NOTICE
The website is operated by the simplified joint stock company BOUILLON PIGALLE.
N° 821 297 561 PARIS
SAS BOUILLON PIGALLE – 82129756100010
ARTICLE 22: APPLICABLE LAW AND DISPUTE RESOLUTION
The present General Conditions of Sale are governed by French law.
All disputes to which the present general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, consequences and outcomes will be submitted to the competent courts under the conditions of common law. In case of dispute with professional Customers, the Commercial Court of Paris shall have sole jurisdiction.