Terms and Conditions

Preamble

The Customer is invited to read the Terms & Conditions of Sale carefully, which outline:

The shop, which permits the online order of products available in the establishment and accessible via the website: https://shop-leroyalmonceau.com (hereinafter referred to as the “Website”).

• These services are offered online by LE ROYAL MONCEAU, RAFFLES, with share capital of €1,000,000.00, whose registered office is located at 24 AVENUE HOCHE, 75008 PARIS, FRANCE, registered in the PARIS Trade and Companies Register under number 479 829 582.

These Terms & Conditions of Sale apply to any order (hereinafter referred to as the “Order”) of one or more products (hereinafter the “Product(s)”) placed by the buyer (hereinafter the “Customer”) on the Website for an order of Products for delivery (hereinafter referred to as the “Order”) from the establishment (hereinafter the “Seller”, the “Establishment”).

Sale on the Website is reserved for Customers aged 18 years and over, on the date of placing the Order.

The use of this service is strictly for personal use only.

These Terms & Conditions of Sale shall prevail over any other general or special terms & conditions not expressly agreed by the Seller.

The Seller reserves the right to modify the Terms & Conditions of Sale at any time. In this case, the new conditions will apply to any new Order, as well as to all ongoing operations, from the date they have been brought to the attention of the Customer by any means.

The fact that the Seller does not invoke these Terms & Conditions of Sale at any given time cannot be interpreted as a waiver to invoke them at a later date.

Definitions

The terms and/or expressions referred to in these Terms & Conditions of Sale mean, when preceded by a capital letter, for the purposes of the interpretation and execution hereof:

• The terms “Seller” and “Establishment” refer to the operating company of the establishment with which the Order will be registered and whose contact details will be indicated on the email confirming the order and on the receipt issued at the establishment when the Products are collected or during Delivery.
• The term “Order” refers to the online ordering service for products offered by the Establishment. The Customer makes the payment for their order online. They can collect their order directly from the establishment.
• The terms “Goods” or “Product” refers to any product offered for sale on the Website.
• The terms “Terms & Conditions of Sale” or “T&Cs” refer to the general terms & conditions of sale covered herein.
• The term “Price” refers to the unit value of a Product; this value includes all taxes and excludes delivery charges.
• The term “Online Sale” refers to the commercialisation of the Seller’s Goods, Products and services on the Website.

References to “Articles” are references to articles within this Agreement, unless otherwise stated.

Any reference to the singular includes the plural and vice versa.

Any reference to one gender includes the other.

Article 1 – Purpose

The purpose of this agreement is to define the rights and obligations of the parties in relation to Online Sale.

Confirmation of the Order made online implies that the Customer has full legal capacity to enter into a contract, and implies unreserved acceptance of these Terms & Conditions of Sale. Consequently, the Seller cannot be held liable in this respect for any order placed by a person considered to be incapable.

 

Article 2 – Scope of application

These Terms & Conditions of Sale are reserved exclusively for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf and residing in France.

In accordance with Articles L. 111-1 aet seq. of the French Consumer Code, the essential characteristics and prices of Goods, Products and services sold electronically are available on the Website and/or on the Application.

These Terms & Conditions of Sale apply to all sales of Goods, Products and services by the Seller, made through the Website and/or the Application.

It is expressly specified that the articles concerning delivery are not applicable in the event that the Establishment does not offer delivery.

 

Article 3 – Acceptance of the Terms & Conditions of Sale

The Customer declares that they have read and accepted these T&Cs prior to placing their order. Any Order placed for a Product on the Website and/or the Application therefore constitutes acceptance of these T&Cs by the Customer.

 

Article 4 – The Products

The Products offered by the Establishment are those listed in the catalogue published on the Website on the date of the Order, subject to availability. It is recommended to consume products in a timely manner following collection from the Establishment, or Delivery, and to never freeze them.

Prior to placing an order, the Customer should refer to the description of each Product to gain information about its essential properties and characteristics, as well as any information relating to allergens.

The choice and purchase of a Product is the sole responsibility of the Customer.

The Products presented for sale may be modified or deleted by the Seller without prior notice. Images and illustrations presented online are non-contractual. The Seller cannot be held liable in the event of any discrepancy between these images and information and the Product chosen by the Customer.

The Customer agrees that in the event of any dispute, written information about the Products appearing on the Website will prevail over any spoken claim made by the Establishment or by employees or other personnel. The Establishment shall use all reasonable efforts to ensure the accuracy of the information provided about Products appearing on the Website.

Article 5 – Creating an account

To place an order, the Customer must create an account on the Website that will, notably, enable them to access their Order history.

When registering, the Customer chooses a personal username and password. The Customer is advised to link this username to a valid email address.

It is the Customer’s responsibility to keep this information strictly confidential and not to pass it on to third parties, in order to avoid any risk of intrusion into the Customer’s account and orders being placed by unauthorised individuals without the Customer’s knowledge. The Seller cannot be held responsible for any use of the Customer’s account by a third party who may have had access to their username and password, in any way whatsoever.

When registering, the Customer will be asked to provide some mandatory information, notably their surname, first name, date of birth, mobile phone number and email address. This data is processed by the Seller in accordance with the terms provided for in Article 15 hereof.

If the Customer loses or forgets their password, the Customer will be able to click on the link to recover their password. The Customer will then receive an email to the email address previously entered reminding them of their personal password.

 

Article 6 – Ordering

To place an Order online for collection from the Establishment, the Customer must:

• Create an account or log in to their account, using their username and password, to enable the Customer to be identified and connect to the account;
• Follow the instructions on the Website and, in particular, the instructions required for opening a customer account;
• Go to the Website or Application;
• Place an Order by selecting Products and adding them to the basket;
• Complete the order form. In the event of prolonged inactivity when logged in, the Goods, Products and services previously selected by the Customer may no longer be guaranteed. The Customer is therefore invited to resume their selection of Goods, Products and services from the beginning;
• Confirm the contents of your basket and place the order.
• Under your sole and exclusive responsibility, check the elements of the Order and, where necessary, identify and correct any errors;
• Expressly accept the Terms & Conditions of Sale;
• Make the payment for your Order online;
• Go to the Establishment with your Order number and proof of payment to collect your Order.

The Order is confirmed once the payment has been processed.

The Seller then sends confirmation of the Order made on the Website to the Customer by email, with an Order number.

After confirmation of their Order, the Customer will have access to their account, allowing them to track their Orders.

By providing their bank card number online, confirming the Order and expressly accepting these T&Cs, the Customer acknowledges that they are fully aware of them and waives the right to invoke their own terms and conditions of purchase or any other terms and conditions.

Any Order implies acceptance of the Prices and the description of the Products available for sale on the Website.

The acceptance of Orders placed by a Customer for Products is at the sole discretion of the Establishment. The Establishment, notably, reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous order.

In the case of sales to take away, the Customer must collect the Order from the Establishment or its partner on the date specified when it was confirmed on the Website and during the opening hours of the Establishment or partner or the online ordering service provided by the Establishment.

It is the Customer’s responsibility to check the opening and closing times of the Establishment and/or the partner or online ordering service, available on the Establishment’s page.

If the website specifies an order collection time, the Customer will need to make the collection at that time.

If applicable, the Establishment may not be held liable.

The opening hours of the online ordering service and the opening hours of the Establishment where the Customer collects their Order are available on the Website.

The Seller undertakes to fulfil the Order subject to the availability of the Products.

 
Article 7 – Proof of Order

Providing a bank card number online and confirming the Order will be deemed proof of the completeness of the said Order and will also be considered proof that all sums involved in the Order are payable.

The Seller will archive purchase orders and invoices on a reliable and durable medium, which constitutes a faithful copy in accordance with the provisions of Article 1360 of the French Civil Code.

The Seller’s digital records will be considered by the Seller and the Customer as proof of communications, orders, payments and transactions between the parties.

Article 8 – Cancellation and modification of an Order

In accordance with the provisions of Article L. 121-20-2 3° of the French Consumer Code, the right of withdrawal applicable to remote sales cannot be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly.

In compliance with this legislation, it is expressly stated that all Orders placed on the Website are firm and final and that the right of withdrawal may not be exercised.

Orders that have been definitively confirmed, paid for and collected cannot be cancelled.

Goods cannot be returned or exchanged.

However, the Customer has the right to cancel an order within a maximum period of 72 hours from the time of placing the Order on the Website, provided that the Establishment has not started preparing the Order.

The Establishment may cancel an Order placed by the Customer. In such cases, cancelled Orders are not invoiced. Any payment made prior to the cancellation of an Order by the Establishment is generally refunded by the same means used to pay for the Order.

The Seller reserves the right to cancel any Order that appears to be fictitious.

Article 9 – Collection of Products

Products may only be collected from the Establishment once the Establishment has opened and before it closes, or before the online ordering service closes, as determined by the Establishment.

The opening hours of the Establishment where the Customer collects their Order are available on the Website when the Customer places their Order.

When placing an Order on the Website, Customers must collect their Products from the Establishment, presenting their Order number, proof of payment and their Order confirmation email. The Customer will only be able to collect their Products once they have provided these details.

The Seller will give the Customer a receipt.

If an Order is not collected by the Customer within the specified period, the products ordered will not be delivered despite receipt of payment and no refund may be requested by the Customer.

 

Article 10 – Complaints

10.1. - Any queries or complaints concerning Products collected from the Establishment must be made to the Seller within a maximum of twenty-four (24) hours after collection of said Products, by recorded delivery to the address shown on the invoice and on the confirmation email sent at the time of placing the Order. After this period, no queries or complaints can be taken into account.

10.2. - Any queries or complaints regarding the operation of the Website should be sent by post to the following address: LE ROYAL MONCEAU, 24 AVENUE HOCHE 75008 PARIS, FRANCE

 

Article 11 – Pricing

The Prices shown on the Order pages of the Website are inclusive of all taxes in euros and include the VAT applicable on the date the Order is placed.

Any mention of Prices in currencies other than Euros is purely given for information purposes. It is the Customer’s responsibility to find out, if necessary, the applicable exchange rate for the Euro and the currency of payment.

Any telecommunications costs incurred in accessing the Website remain the exclusive responsibility of the Customer.

The validity period of offers and Prices is determined by when the Website is updated.

The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Website on the day of the Order will be the only price applicable.

 

Article 12 – Order payment terms

Orders made on the Website are payable using a payment method offered by the Establishment (bank cards, etc.).

The transaction is immediately debited from the Customer’s bank card after verification of the data thereof, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer.

In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is binding. By communicating the information relating to their bank card, the Customer authorises the Seller to debit their card for the amount corresponding to the Price.

To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name on the bank card is indeed their own. The Customer must provide the sixteen digits and expiry date of their bank card and, where applicable, the visual cryptogram (card validation code (CVC)).

In the event that it is impossible to debit the Total Price, the Online Sale shall be immediately terminated and the Order shall be cancelled.

The Seller guarantees that the confidential nature of bank card numbers will be preserved by means of protection and encryption procedures.

 

Article 13 – Liability

In the online sales process, the Seller is only bound by an obligation of best endeavours.

The Seller may not be held liable for any damage of any kind, whether material or immaterial, which may result from improper use of the username or the ordering procedure. The Seller may not be held liable for any risk arising from use of the Internet, such as loss of data, intrusion, viruses, disruption of service or any other similar risk.

The Products sold on the Website comply with the regulations in force in France and benefit from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with Articles L.217-4 to L.217-14 of the Consumer Code and Articles 1641 to 1649 of the Civil Code.

The name and address of the Seller who guarantees that the Products conform to the contract are stated in the Order confirmation email sent to the Customer once the Order has been confirmed.

 

Article 14 – Protection of personal data

Personal data collected on the Website is subject to the Establishment’s personal data protection policy.

The Customer expressly accepts the transmission of this information to third parties.

 

Article 15 – Sale of Alcohol and Minors

15.1. In accordance with Order No. 59-107 of 7 January, 1959, Law No. 74-631 of 5 July, 1974 and the provisions of Article L3342-1 of the French Public Health Code amended by Law No. 2009-879 of 21 July, 2009, the sale of alcohol to minors under eighteen (18) years of age is prohibited.

Therefore, the purchase of any alcohol-based product when placing the Order, is officially prohibited to minors under the age of eighteen (18) years. In case of any doubt, the Customer may be asked to show proof of identity when collecting the Order from the Establishment.

By placing their Order, the Customer acknowledges having the legal capacity to conclude this contract.

By placing an order containing alcohol, the Customer confirms that they are at least 18 years old.

Any breach of this article shall incur the sole personal liability of the Customer.

15.2. Alcohol abuse is dangerous to your health. The Customer is expected to know how to consume and enjoy alcohol in moderation. By the sole fact of placing an Order on the Website, the Customer expressly waives the benefit of Article 1587 of the French Civil Code, which provides that the conclusion of the sale of wine becomes final only after tasting and approval by the purchaser.

 

Article 16 – Intellectual property rights

The general structure of the Website, all elements of any kind contained on the Website, notably including software, database structures, photographs, visuals, videos, written material, illustrations, still or animated images, audio, graphics and logos are the exclusive property of the Seller or, where applicable, of their respective owners from whom the Seller has obtained prior authorisation to use them, and are protected by intellectual property rights.

In particular, the Customer undertakes not to reproduce and/or represent, download, sell, distribute, issue, translate, adapt, exploit, broadcast or communicate, in full or in part, in any form whatsoever, whether commercially or otherwise, any original intellectual property or content appearing on the Website, other than for private use.

Failure to do so may result in legal action being taken against the Customer.

 

Article 17 – Indivisibility

The nullity of one of the clauses of this contract pursuant in particular to a law, a regulation or following a court decision will not result in the nullity of these T&Cs.

 

Article 18 – Unforeseen events - Force Majeure

The Establishment may not be held liable in the event of failure to perform its obligations being attributable either (i) to the unforeseeable and insurmountable act of a third party to the agreement, or (ii) to a case of force majeure, within the meaning of Article 1218 of the French Civil Code, or (iii) in the event of a failure to deliver due to incorrect contact details on the part of the Customer.

 

Article 19 – Applicable law - Language

These T&Cs and the operations resulting therefrom are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French version would prevail in the event of a dispute.

 

Article 20 – Settlement of disputes

In the event of a dispute, only the French courts have jurisdiction.

In case of disputes, the Customer may first contact the Seller in order to seek an amicable solution.

Any disputes that could not have been resolved amicably between the Seller and the Customer within one (1) month of notification, will be submitted to the competent French courts under the conditions of common law.

In addition, the European Commission has set up an Online Dispute Resolution platform, making it easier to settle online disputes independently and out-of-court between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

The Customer may also contact a mediation service: Centre de Médiation et d’Arbitrage de Paris (Paris Mediation and Arbitration Centre).

Before contacting this service, the Customer must contact the Establishment in writing by recorded delivery, with an acknowledgement of receipt.

To refer the matter to the mediation service, the Customer must complete a claims form, which is available at https://www.cmap.fr/offre/un-consommateur/ and follow the steps indicated on the site.