These General Terms and Conditions of Sale and Service (hereinafter referred to as the “GTCs”) apply to the services offered by SAS le GRAND CERF, namely the free service provided to users of the Website https://le-grand-cerf.fr and the online reservation service, in accordance with the contents of the GTCs.
The use of our online reservation service implies that the customer reserving a table accepts these GTCs, without reservation, unless special conditions are agreed upon in writing by SAS le GRAND CERF.
In the event that the User does not accept the GTCs in their entirety, he/she must refrain from accessing and using this service.
SAS le GRAND CERF reserves the right to modify these General Terms and Conditions at any time. The modified version of the GTCs and the date on which they were updated will be published on the Website.
The modified GTCs will be applied to future orders or changes to reservations made prior to the date on which the GTCs were modified. Orders placed before the date on which the GTCs were modified will be subject to the GTCs in force when the reservation was made.
SAS le GRAND CERF may not be held liable in the event of non-performance or improper performance of the contract caused by the User, by an unforeseeable and unavoidable act of a third party to the contract, or by force majeure.
SERVICE
SAS le GRAND CERF offers an online reservation service on its Website: https://le-grand-cerf.fr.
This service is provided free of charge by the restaurant.
RESERVATION SERVICE – TERMS AND CONDITIONS OF USE
Our online reservation service is reserved for users who have the legal capacity to enter into a contract, i.e. who are at least 18 years of age.
To use our online reservation service, you must first provide the following mandatory information and explicitly accept the GTCs: marital status, surname, first name, e-mail address and mobile phone number.
Any notification from the online reservation service sent by e-mail or text message shall be deemed to have been delivered and received on the date the e-mail or text message was sent.
The User agrees to receive any information from SAS le GRAND CERF relating to the reservation, including confirmation or cancellation information, or any other information necessary for the successful completion of the service, by e-mail or text message.
The User accepts that the elements linked to his/her reservation may be used for statistical analysis by SAS le GRAND CERF.
In accordance with article L. 112-1 of the French Consumer Code, the prices of our menus and dishes are indicated in Euros, inclusive of all taxes. The prices shown on the Website are for information purposes only. The total amount payable by the User at the time of the service will be calculated using the prices applicable on the day of the service or according to the quotation sent by SAS LE GRAND CERF and accepted by the User.
Any services not included in the order or mentioned in the quotation will be invoiced separately. The User will receive an invoice from SAS le GRAND CERF after the service
has been provided.
The User may consult the list of allergens in written form, in a legible and visible format, inside the SAS LE GRAND CERF restaurant or by requesting it by e-mail at the following address: legrandcerf51500@gmail.com
RESERVATION SERVICE – SPECIAL TERMS AND CONDITIONS OF USE
When making a reservation, the User accepts that SAS le GRAND CERF may request the User’s bank details by taking a bank imprint and that SAS le GRAND CERF reserves the right to retain the User’s bank imprint in the event of a reservation not being taken up by the User or a late cancellation by the User, i.e. less than 72 hours before the scheduled reservation time, in accordance with article L221-28, 12 of the French Consumer Code, the User may not exercise his/her right of withdrawal for the provision of catering services and leisure activities to be provided on a specific date or during a specific period.
This imprint will not be debited except in the event of late cancellation or failure to honour a reservation.
The User must provide a payment card that remains valid after the reservation has been made. If the card is no longer valid, the User agrees to modify the information provided at the time of reservation. In this case, the reservation will be put on hold until the User provides valid payment details. The online reservation service will send an email informing the User that their payment method is invalid and asking them to make the necessary changes. The reservation will be confirmed once the user’s updated payment details have been validated.
A price set by SAS le GRAND CERF and indicated on the reservation form will be attached to the order before the User accepts these general terms and conditions of use. This price corresponds to an amount per place setting multiplied by the number of place settings in the reservation made by the User.
SAS le GRAND CERF must be notified of any change in the number of place settings. If the User changes the number of place settings on the reservation, the price may be subject to an increase if place settings are added or a decrease if place settings are removed.
The final price corresponds to the number of place settings multiplied by the amount set by SAS LE GRAND CERF. If the user requests the removal of place settings less than 72 hours before the scheduled reservation time, he/she will be charged for the number of place settings removed multiplied by the price set by SAS LE GRAND CERF when the reservation was made.
Any cancellation made less than 72 hours before the scheduled reservation time will result in the User’s account being debited at the price set by SAS LE GRAND CERF when the reservation was made. This payment will be processed 24 hours after the original reservation time.
Under no circumstances will SAS LE GRAND CERF use this bank imprint as an advance payment for the service reserved by the User. The purpose of taking a bank imprint is to guarantee SAS LE GRAND CERF that the User and any guests will honour the reservation. No fee will be deducted from the User when making the reservation.
The User shall pay SAS LE GRAND CERF for the services provided either in cash (within the legal limits), by cheque (drawn exclusively on a bank established in France), by bank card or by any other payment method accepted by SAS LE GRAND CERF.
Should the User or any of his or her guests fail to honour the reservation, SAS LE GRAND CERF may debit all or part of the pre-authorised amount from the User’s bank account at the price set by SAS LE GRAND CERF when the reservation was made. This payment will be processed within 24 hours of the reservation.
If the payment method provided by the User does not contain sufficient funds, or if there is a technical problem preventing the funds from being withdrawn, the User undertakes to settle the debt contracted with SAS LE GRAND CERF on the date of the reservation by any means available to the User. For users registered in the Trade and Companies Register, any delay in payment will, after formal notice has been sent, result in the invoicing of interest on arrears, exclusive of all taxes, at a rate equal to the European Central Bank rate plus 10 points.
These penalties will be applied from the date on which the principal is due until the date on which payment is actually made in full. In the event of late payment, all professionals are required by law to pay a lump sum of €40 to cover collection costs (article L441-10 of the French Commercial Code).
The entire reservation process is protected by an SSL security certificate. All bank details are stored by Stripe, the company that provides the pre-authorisation and direct debit technology for this online reservation service. Stripe’s current privacy policy applies to data storage and user safety (view link: https://stripe.com/fr/privacy).
SAS LE GRAND CERF reserves the right to request a bank imprint when confirming or modifying a reservation, without any obligation to justify this request.
USER OBLIGATIONS
By entering their data, the User accepts, expressly and without reservation, the provisions of these general terms and conditions, as well as any specific terms and conditions that may appear on the Website. The data provided by the User must be accurate and truthful, as it is necessary to ensure the correct identification of the User.
The User agrees not to:
- Undermine or damage SAS LE GRAND CERF or its partners through the use of the online reservation service.;
- Use any part of the service as a tool to mislead SAS LE GRAND CERF or to send unsolicited commercial messages;
- Use an automated process or service to access and/or use the service;
- Damage, disable, overload or degrade the service or interfere with anyone else’s use and enjoyment of the service.
PERSONAL DATA
SAS LE GRAND CERF wishes to collect certain information, in strict compliance with the laws and regulations in force.
This information is collected in accordance with the provisions relating to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The Website and/or its partners may store information on the User’s computer. This information is stored as a “Cookie” or similar file.
“Cookies” are small pieces of information that are sent to a User’s device and stored on their hard drive to allow websites to recognise the User when they visit.
When the User visits the Website, SAS LE GRAND CERF may, with the User’s consent, use Cookies, Pixel Tags and other technologies to collect the following data
- IP address, connection information, browser type, location, time zone, operating system and other technical information,
- Information about the visit, in particular the websites consulted before and after this Website and the products/pages viewed,
- The time spent on each page of the Website and information on how the User navigates and interacts with the pages.
The User acknowledges and accepts that SAS LE GRAND CERF reserves the right, subject to his/her consent, to install a “Cookie” on his/her computer in order to record any information relating to the way in which he/she navigates the Website.
By registering on this Website, users consent to the processing of their personal data.
It is specified that the User’s personal data may not be transferred to a country outside the European Economic Area.
In accordance with the applicable data protection legislation, the User has the right to access, rectify, delete, restrict processing, obtain a copy of his/her personal data for his/her own purposes or to transfer it to another data controller of his/her choice, as well as the right to object to the processing of his/her personal data for direct marketing purposes.
The User may also withdraw his/her consent at any time if the processing is based on his/her consent.
All of these rights apply to the extent permitted by applicable data protection laws and regulations.
To exercise these rights, the User should send a written request to SAS LE GRAND CERF or to the following e-mail address: legrandcerf51500@gmail.com.
The User may also exercise his/her right to lodge a complaint with the national data protection authority by sending a request to the CNIL (French Data Protection Authority) at the following address:
Commission Nationale de l’Informatique et des Libertés
Service des plaintes
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Or you can use the online complaint form via this link: https://www.cnil.fr/fr/plaintes
INTELLECTUAL PROPERTY
SAS LE GRAND CERF is the only company authorised to exploit the intellectual property rights relating to its restaurant and website, of which it is the sole owner.
All accessible elements, particularly in the form of texts, photographs, images, icons and sounds, are also protected by intellectual property rights, industrial property rights and other private rights.
Under no circumstances may the User reproduce, re-present, modify, transmit, publish, adapt or exploit, in any way or by any means whatsoever, all or part of the trademarks of SAS LE GRAND CERF without prior authorisation from the latter.
Any unauthorised use, for whatever reason, of all or part of the information may be the subject of any appropriate action, in particular an action for infringement.
SERVICE MODIFICATION
SAS LE GRAND CERF reserves the right to modify or suspend the service, or some of its functionalities, without prior notice, for repair, maintenance, improvement or any other technical reason, and for any reason whatsoever, without any obligation to justify such modification or suspension
Once the service has been suspended, it can no longer be used by the User.
The User shall have the right to access and rectify this data at any time by sending an e-mail to the following address: legrandcerf51500@gmail.com.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTCs are governed by French law.
The User is hereby informed that, in the event of a dispute, he/she may resort to extrajudicial mediation at any time.
Consumers are also reminded that they have the right to contact a consumer mediator free of charge in order to find an amicable solution to a dispute with a professional. To this end, SAS LE GRAND CERF guarantees the User effective recourse to a consumer mediation system.
Mediation is not compulsory; it is offered solely as a means of resolving disputes outside the courts.
The User may also contact the dispute resolution platform set up by the European Commission, which can be found at the following address: http://ec.europa.eu/consumers/odr/.
If an amicable solution cannot be found, the matter shall be brought before the competent courts, it being specified that the time limits for taking legal action shall not be suspended while such an amicable solution is being sought.
In the event of any dispute or objection, the French courts shall have exclusive jurisdiction and French law shall apply exclusively.
Disputes with users registered in the Trade and Companies Register shall be submitted to the Commercial Court of the place where SAS LE GRAND CERF is registered.
