1 - DEFINITIONS
1.1 These General Terms and Conditions of Sale (hereinafter referred to as ''GTC'') are offered by VOILA CHEF (hereinafter referred to as ''the company''), a SAS with capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 890489099, represented by Sophie Dubost, whose registered office is located at 10 rue Mandar, 75002 Paris, France.
1.2 The company is the owner and publisher of the website www.voilachef.com (hereinafter referred to as ''the Site''). The Site is hosted by Webflow, Inc, domiciled at 398 11th Street, 94103 San Francisco, United States. The publication director is Sophie Dubost.
1.3 The Site offers the Customer (hereinafter referred to as "the Customer") the opportunity to The Site offers exclusive video master classes by leading French chefs (hereinafter referred to as the "Services").
1.4. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the services on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any virus.
2 - APPLICATION AND ENFORCEABILITY OF THE GSVS
2.1. The purpose of these General Terms and Conditions is to define all the conditions under which the company markets the Services as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter "Order") for Services placed on the Site by the Customer.
2.2. The Customer declares that he/she has read and accepted these GTC before placing the Order.
2.3. The validation of the Order therefore implies acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site at the time the Order is placed.
2.4. Any condition to the contrary imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.
2.5. The fact that the company does not take advantage at a given time of any provision of these GTC shall not be interpreted as a waiver of the right to take advantage at a later date of any provision of these GTC.
3 - ORDERING SERVICES ON THE SITE
The company reserves the right to correct the content of the Site at any time.
3.1. The Customer selects the Service(s) he/she wishes to purchase, and may access the summary of his/her Order at any time.
3.2. The Order summary lists the Service(s) selected by the Customer and includes any additional charges, such as delivery charges, which are added to the price of the Service(s) in the Order. The Customer may modify his/her Order and correct any errors before accepting it.
3.3. Once the Customer has accessed the Order summary, he/she shall confirm acceptance of his/her Order by ticking the box indicating that he/she accepts the General Terms and Conditions of Sale and by clicking on the "Order validation" icon. The words ''Order with payment obligation'' or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.
3.4. Once the GTC have been accepted and the Order validated with the obligation to pay, the contract is validly concluded between the company and the Client and is irrevocably binding on both parties.
3.5. Once the Order has been validated and in order to proceed with payment, the Client shall enter the contact details for receiving the service(s), and for invoicing if they are different. The process for receiving the service(s) is described in article 5 of these GTC.
3.6. The company shall then send the Customer an Order confirmation by e-mail, containing the details of the summary of the Customer's Order and the delivery and, where applicable, billing addresses provided.
3.7. Once the Customer has validated their delivery details and, where applicable, their invoicing details, they shall proceed with the payment of their Order in accordance with the terms and conditions set out below.
4 - ORDER PRICES AND PAYMENT TERMS
4.1. The prices mentioned on the Site and in the descriptions of the Services are in euros and exclusive of tax and all taxes included.
4.2. The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. Orders for Services placed on the Web site are payable in euros. Payment must be made in full on the day the Order is placed by the Client, by credit card, unless the Client and the company expressly agree to special conditions of sale.
4.4 In the case of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the total confidentiality of the Customer's banking information. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The customer's bank details are not stored by the company. Stripe's general terms and conditions of use are available at the following address: https://stripe.com/fr/privacy.
4.5. The Client guarantees the company that he/she has the necessary authorisations to use the payment method when placing the Order.
4.6. The company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Client to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5 - USE OF SERVICES
5.1. The services are automatically delivered to the Customer as soon as the Order is validated.
5.2. The Customer must ensure that the information provided at the time of placing the Order is correct.
5.3. The company will not be responsible either if the non-receipt of the Services is due to a third party outside its intervention or in case of theft.
6 - CUSTOMER SERVICE
6.1. For any information request, clarification or complaint, the Client must contact, first and foremost, the company's customer service department, in order to allow the latter to try to find a solution to the problem.
6.2. The company's customer service can be reached using the following contact details:
- email: contact@voilachef.com
- mail: 10 rue Mandar, 75002 Paris, France
7 - CUSTOMER OBLIGATIONS
7.1. The Customer agrees to comply with the terms of these GTC.
7.2. The Client agrees to use the Site and the services in accordance with the company's instructions.
7.3. The Customer agrees to use the Site solely for personal use, in accordance with these GTC. In this respect, the Customer agrees not to:
- Use the Site in any manner that is unlawful, for any purpose that is unlawful or in any manner that is inconsistent with these GTC.
- Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or any part of the content appearing on the Site, or decompile, reverse engineer, disassemble, modify, display in customer-readable form, attempt to discover any source code or use any software that enables or includes all or any part of the Site.
- Attempt to gain unauthorized access to the Site's computer system, or to engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionalities of the Site.
- Use the Site for improper purposes by deliberately introducing viruses or any other malicious program, or attempt to gain unauthorized access to the Site.
- Infringe the intellectual property rights of
- Denigrate the Site.
7.4. If, for any reason, the Company considers that the Customer is in breach of these GTC, the Company may at any time, and at its sole discretion, remove the Customer's access to the Site and take any action including civil and criminal legal action against the Customer.
8 - RIGHT OF WITHDRAWAL
8.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of validation of his/her Order on the Web site to exercise his/her right of withdrawal from the company, without having to justify his/her reasons or pay any penalty.
All Products/Services may be retracted, except those excluded by article L. 221-28 of the French Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1°For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal;
2°Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3°Supply of goods made to the consumer's specifications or clearly personalized;
4°Supply of goods likely to deteriorate or expire rapidly;
5°Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6°Supply of goods which, after delivery and by their nature, are indissociably mixed with other articles;
7°Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in 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 the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
9°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 for these publications;
11°Concluded in a public auction;
12°Supply 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 during a specific period;
13°Supply of digital content not provided on a tangible medium whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
8.3. To exercise his/her right to withdraw from the Order, the Customer must notify his/her decision to withdraw using the withdrawal form attached hereto or by means of an unambiguous statement, without giving any reason. Customers may notify the company of their decision to withdraw by any means, including by post to the company at the following address:
10 rue Mandar, 75002 Paris, France or by e-mail to contact@voilachef.com.
8.4. In case of notification to the company by the Client of his decision to withdraw, whatever the means used, the company will send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
8.5. In the event of the Client's withdrawal, the reimbursement of the Service(s) which was (were) the subject of the right of withdrawal shall be made by the Company by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client. The refund shall be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client's decision to withdraw from the Order. If the Services are used within the withdrawal period, the Client shall be deemed to have expressly waived his/her right of withdrawal.
9 - LIABILITY
9.1. The Company shall take all appropriate measures to ensure that the Client is provided with quality service(s) under optimum conditions. However, the Company shall in no case be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the company's liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.
9.2. The company shall not be held responsible for any damage caused by misuse of any of its services or by failure to observe the precautions for use and conditions of hygiene, storage and safety when using any of its Products/Services.
9.3. The Site may contain links to other sites not edited or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
9.4. The establishment of such links or reference to any information, articles or services provided by a third party, cannot and shall not be construed as an express or implied endorsement by the Company of such sites and materials or their contents.
9.5 The Company is not responsible for the availability of these sites and cannot control the content of these sites nor validate the advertising, service(s) and other information provided on these websites.
9.6. It is expressly stipulated that the company shall in no way be held liable, in any way whatsoever, should the Client's computer equipment or e-mail system reject, for example due to anti-spam software, e-mails sent by the company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
9.7.The Client is fully aware of the provisions of this article and in particular of the above-mentioned guarantees and limitations of liability, which are essential conditions without which the company would never have contracted.
10 - SAFETY
The Client undertakes not to undermine the security of the Site. To this end, he undertakes not to proceed to any fraudulent access and/or maintenance in the company's information system. The Client may not harm or hinder the company's information system. Should he fail to do so, the company may take any measure against him and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.
11 - INTELLECTUAL PROPERTY AND PERSONAL DATA
11.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved for the whole world.
11.2. The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
11.3 No title or right whatsoever in any material or software shall be obtained by downloading or copying material from this Site. The Customer may not reproduce (other than for personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, nor sell or participate in any sale of this Site, the materials on this Site or any software related thereto.
11.4. The company grants the Customer a non-exclusive licence to use the Site. This license is strictly personal and may not be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Site.
11.5 Any use by the Client of the company names, trademarks and distinctive signs belonging to the company is strictly prohibited unless the company has given its express prior consent.
11.6 The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the RGPD regulation, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person.
11.7 In the context of the order, the Company is required to collect personal data from the Customer. The company undertakes to protect the personal data of the customers.
11.8. The files containing personal data necessary for the order are stored on the servers of the Site's host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (RGPD). The company does not communicate and does not trade in the personal data of customers.
11.9. When ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.
11.10. The personal data collected by the company is intended to enable the order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.
11.11. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as the French Data Protection Act, and the General Data Protection Regulation (RGPD), subject to proving your identity, all Customers, regardless of their nationality, have the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of personal data concerning him or her.
11.12. For the purposes of the application of this clause and, in particular, to ensure the confidentiality of the Customer's data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (RGPD), a data protection officer, who can be contacted at the following address: contact@voilachef.com
11.13. In any case, any Customer has the right to make a claim to the CNIL.
12 - NEWSLETTER
12.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the company may send him, at a frequency and in a form determined by it, a newsletter that may contain information relating to its activity.
12.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the company for Services similar to those ordered.
12.3. Customers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
13. DO NOT CALL LIST
The Customer can register, free of charge, on the BLOCTEL (www.bloctel.gouv.fr) list of opposition to cold calling in order to no longer receive cold calls by telephone by a professional with whom they have no current contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 dealing with consumer issues. Any consumer has the possibility to register free of charge on this list on the website https://conso.bloctel.fr/index.php/inscription.php.
14 - APPLICABLE LAW AND JURISDICTION
14.1. These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.
14.2. In the event of a dispute arising from the interpretation and/or performance of these GTC, or in relation to these GTC, the Customer may decide to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.
14.3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company turns to the Service of the Mediator of e-commerce Mediation Solution whose contact details are as follows: 222 Chemin de la Bergerie, 01800 Saint-Jean-de-Niost, France - https://sasmediationsolution-conso.fr/ You may resort to the mediation service for consumer disputes related to an order placed on the Internet. To find out how to contact the Mediator: https://sasmediationsolution-conso.fr/processus-mediation/saisir-le-mediateur
14.4 Finally, it should be noted that mediation is not compulsory and that it is only suggested to resolve disputes and avoid a recourse to the courts
14.5. The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all approved dispute settlement bodies in France:
https://webgate.ec.europa.eu/odr/.
14.6. If this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure shall apply.