Terms & Conditions

Restaurant Test developed by the MenuChic SaaS solution, owned by the company VIDEOMARK The purpose of these General Terms and Conditions of Sale (hereinafter the “GTC”) is to define the terms and conditions applicable between the Biodégustation restaurant (hereinafter the “Seller”) and the Customer using the site: https://biodegustation.com (hereinafter the “Site”) made available to the Seller by the company VIDEOMARK, publisher of the IT solution. These conditions apply to all reservations as well as orders at the table, to take away (or "Click & Collect") of one or more products offered on the Site. 1 - Acceptance of the GCS The Customer acknowledges having read these GCS before placing his order or booking. By placing an order or making a reservation, the Customer expressly accepts the application, without reservation, of these GTC. 2 - Products and availability All of the Products on the Site are offered for sale to Customers ordering from the Site. The Seller strives that the images and graphic highlights are as close to reality as possible. However, they are not contractual. The Products are offered within the limits of the stocks available at the time of the order by the Customer. If a Product is unavailable, it will be removed from the list of Products or indicated as such on the Site. The Seller reserves the right to modify the list of Products without notice. The Customer is informed that the products offered on the Site are perishable foodstuffs with a date of minimum durability. He therefore does not have the right of withdrawal provided for in article L.121-21 of the Consumer Code. 3 - Price The prices of the Products include the VAT applicable on the day of the order and are therefore indicated inclusive of all taxes (TTC). Prices are subject to revision at any time, but changes do not apply to orders for which the Customer has received a confirmation email, unless there is an obvious price error. In this case, the Seller will notify the price problem as soon as possible. The Customer can then cancel his order when he is informed of the error. 4 - Payment Payment for orders can be made by credit card from the Site. The Site uses the secure payment system made available by the Stripe software, the terms of use of which can be consulted via this link: https://stripe.com/en-fr/checkout/legal The Customer can also pay for his orders directly with the Seller without using the means of payment made available by the Site. By agreeing to contract on the basis of these conditions, the Customer explicitly acknowledges his obligation to pay. 5 - Customer account The Customer has the option of ordering or booking via the creation of a Customer account. Registration is not required to order at the table, to reserve or to order online via the Click & Collect system. Nevertheless, the Customer will be asked to provide the information necessary for the smooth running of the service such as his surname, first name, email address and/or telephone number. The Customer has the option to accept or not that his data be saved for 30 days on the Site to facilitate an order or a future reservation. In case of registration, the Customer chooses a username and a password. He must provide certain mandatory data such as his surname, first name, date of birth, telephone number, e-mail address as well as all the data likely to be provided in order to ensure the smooth running of the service (building, codes, floor in particular). It is the Customer's responsibility to keep their information strictly confidential. The seller can in no way be held responsible for the use of the account by a third party who would have access to the Customer's account in any way whatsoever. In the event of loss of access to his account, the Customer may request a change of password from the login page of the Site. 6 - Reservations The Site provides the Customer with a reservation system. Reservations made from the Site are considered due from the moment it has been validated by the Customer by clicking on the "Request a reservation" button. The Customer then receives a confirmation e-mail summarizing his reservation. In the event of a delay exceeding 10 minutes and without prior modification of his reservation by the Customer, the Seller reserves the right to assign the reservation to another Customer. If the reservation exceeds eight (8) people, the Customer is invited to contact the Seller directly by e-mail or by telephone. Without express validation from the Seller, the latter may refuse to accept the reservation. 7 - Orders at the table The Customer has the option of placing orders at the table by accessing the Site via its url or by making QR codes available on the tables or in the restaurant. He can then choose his Products and validate his basket from the Site. 8 - Take-out order (Click & Collect) To order online and collect their order, the Customer must go to the Site and select the products they wish to order. He can connect to his Customer account or order without registering. He can then choose the day, time and place of collection of his order according to the choices offered on the Site. Once the order has been validated, an order number will be assigned and a summary email will be sent to the email address provided by the Customer. The validation of an online order via the Site expressly entails the acceptance of these GCS. The Customer must present himself with his order number at the place he has selected. The Seller cannot be held responsible in the event of an error on the part of the Customer when ordering. 9 – Personal data The collection and processing of the Customer's Personal Data is carried out in compliance with law n° 78-17 of January 6, 1978 in force and European Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data. In accordance with Regulation (EU) 2016/679 relating to the protection of personal data, the Customer has the following rights over his data: right of access, right of rectification, right to erasure (right to be forgotten), right of opposition, right to limitation of processing, right to portability. You can also define directives relating to the storage, erasure and communication of your personal data after your death. To exercise his rights, the Customer may modify or delete his account and his personal data from his customer account by clicking on the "edit" button. 10 - Responsibilities Within the limits authorized by law, the publisher of the IT solution provides its service and its content “as is” and “according to availability”. Neither he nor the Seller can be held liable vis-à-vis the Customer for losses resulting from his error or his inability to use the service. The sales contract is concluded between the Seller and the Customer. Consequently, apart from the strict legal conditions, the responsibility of the publisher of the IT solution cannot be engaged. The Seller is the sole guarantor of the conformity of the Products. If the Seller's liability is engaged, the amount of the damage cannot exceed the cumulative total amount of the purchase prices of the Products that the Customer has paid in his order. This does not include or limit in any way the liability of the Seller or the publisher of the IT solution on a matter for which either would be illegal, which they exclude or attempt to exclude from their liability, in particular, liability in death or personal injury due (due) to negligence or fraud or fraudulent misrepresentation. No party can be held responsible for the absence or delay in the performance of its obligations in the event of "force majeure" as defined by French law. 11 - Hypertext links The Site may contain links (including hypertext links) to other Internet sites or applications which are not under the control of the Seller or the publisher of the IT solution. They are therefore not responsible for the content of these sites or applications, the links they contain, or any changes or updates made to them. It is not possible to create a hypertext link to third-party websites without express authorization. Under no circumstances may the creation of a hypertext link on this Website engage the responsibility of the Seller or the publisher of the IT solution. 12 - Revisions to the GCS The Seller reserves the right to modify all or part of these general conditions of sale at any time. It is the Customer's responsibility to refer to the latest version of the T&Cs accessible from the Site. He is deemed to have accepted the latest version with each new order. 13 - Applicable law and disputes These T&Cs are subject to French law. In the event of a dispute, the French courts will be competent. In accordance with the provisions of the Consumer Code, the Customer has the option of using an alternative dispute resolution method or a conventional mediation procedure. More information via the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references