Racine restaurant General Conditions of Sale and Use of the website www.racine.re
New conditions active from 16/03/20
These general conditions of sale and use are composed of the general conditions of sale of the Racine restaurant and the general conditions of use of the website www.racine.re
. They form an inseparable and indivisible whole. Only the French version is authentic in case of dispute. The English version is provided for information purposes only and does not replace the original French version.
For the purposes hereof, the terms defined below, in both singular and plural, shall have the following meanings:
|Deposit||Means the partial payment made by the Customer when the contract between the Service Provider and the Customer is finally concluded. It is deducted from the final price of the Service. The Deposit is binding on the parties, it is not intended to be returned except in case of modification / cancellation under the conditions of the Terms and Conditions of Use|
|Gift Card||Refers to an electronic card to a face value is assigned, corresponding to the choice of one or more menus paid in advance, excluding additional services, allowing the beneficiary of the gift card to then book at the Restaurant according to the dates and services where the reserved menus are available. This Service is not currently available.|
|GCU||Refers to the general conditions of use of the Site|
|GCS||Refers to the Racine restaurant's General Conditions of Sale|
|GCSU||Refers to the General Conditions of Sale and Use of Racine Restaurant and the Site|
|Customer||any natural person acting as a consumer within the meaning of the Consumer Code|
|Covers||Refers to the number of persons served during the Service|
|Date of the Service||Refers to the first hour of the day, 12:01 a.m. (French time), of the date scheduled for the Service|
|Functionality||Refers to the functions made available to the User on the Website as described in the GCU|
|Service Provider||Refers to the company TAKAMA, limited liability company with a capital of €5,000 whose registered office is in Reims (51100), 6 rue Godinot, registered in the Reims Trade and Companies Register under number 821 275 948|
|Services||Refers to the catering and/or additional services offered directly by the Service Provider or indirectly via its Website|
|Restaurant||Refers to the "Racine" restaurant operated by the company TAKAMA|
|Website||Refers to the website www.racine.re|
|User||Refers to any person connecting to the website (Customer, visitors, etc.)|
Part I – General Conditions of Sale
These general conditions of sale (GCS) apply to the services provided by the Restaurant. Any reservation implies the Customer's acceptance of these conditions. Only the specific clauses of the agreements signed with the customer may supplement, specify or even derogate from these GCSU. The Service Provider reserves the right to adapt or modify these GCSU at any time. In case of modification, the general terms and conditions of sale in force on the day of the reservation will be applied to each reservation. However, each time the Customer makes a payment, he will accept again and without reservation, the general conditions of sales and use present on the Restaurant's website on the day of his payment. The GCS applicable to the Customer will be the last GCS accepted by the Customer prior to the date of the Event.Article 1 - General
The performance of the Services is subject to the provisions of these GCS, supplemented by the special conditions of the Service. They prevail over any terms and conditions of purchase that may be opposed to them and express all the rights and obligations of the parties and are inseparable from the GCU below for any reservation made via the Service Provider's Website.
If any of the provisions hereof are unenforceable, illegal or invalid in whole or in part, the remaining provisions shall remain in full force and effect. The failure of the parties to exercise any of their rights hereunder shall in no way be construed as a waiver of such rights.Article 2 - Prices
Prices are in Euros, including VAT. Prices may be revised at any time without notice. The prices invoiced are those in force on the day of the reservation. They are subject to the VAT rates in force on the day of the service. Any subsequent new taxes or charges or any change in current taxes or charges will automatically result in a price adjustment.
It is up to the Customer to assess, before the validation of the reservation, whether the price suits him. No dispute concerning the price can be taken into consideration at a later date. All services and facilities not provided for at the time of booking (drinks, meals, etc.) will be subject to additional invoicing at the end of the Service.Article 3 - Booking conditions
The Service Provider makes these General Terms and Conditions of Sale available to the Customer on its Website so that the Customer can read them before making a reservation. Reservations are mainly made on the Service Provider's Website according to the procedure described in Article 13 of the GCU. Exceptionally, bookings may be made by telephone or e-mail, and must be explicitly confirmed by an e-mail from the Service Provider or its Site. To make a reservation, the Customer must be at least 18 years of age and be legally capable of entering into a contract.
Any reservation implies acceptance of these GCSU and becomes effective upon payment of the Deposit paid by the Client and cashed by the Service Provider. The minimum deposit requested is sixty-five (65) Euros per cover. In the event of partial payment, the remaining balance must be paid by the Customer on the day of the Event.
It is recalled that under Article L 221-28, 12° of the French Consumer Code, the Customer may not exercise the right of withdrawal for catering services that must be provided on a specific date or at a specific period.
At the time of booking, the Customer undertakes to inform the Service Provider in the sections mentioned for this purpose on the Website, of any dietary intolerances or specific diets that may affect the progress of the Service.
the Customer has the possibility to modify, five (5) calendar days before the Date of the Service, the number of covers upwards, subject to availability, or downwards, via the email received when confirming the reservation or the reminder email that will follow in accordance with the GCU, it being specified that if the modification takes place less than five (5) calendar days before the Date of the Service, the cancellation fees will be equivalent to an amount of sixty-five (65) Euros per cancelled cover. In any event, the Deposit received by the Service Provider at the time of booking for the covers concerned will not be returned and will be deducted and offset against the compensation to be paid by the Customer for cancellation costs.
The Customer may change the date and/or time of the reservation five (5) calendar days before the Date of the Service, via the email received when confirming the reservation or the reminder email that will follow in accordance with the GCU, subject to availability, it being specified that the date of postponement may not exceed 120 calendar days from the Date of the Service.Any change to the date and/or time of the reservation after the deadline for postponement (120 calendar days) or less than five (5) calendar days before the Date of the Service, will give rise to cancellation fees equivalent to sixty-five (65) Euros per covers concerned. In any event, the Deposit received by the Service Provider at the time of booking for the covers concerned will not be returned and will be deducted from and offset against the compensation to be paid by the Customer for cancellation costs.
For bookings of more than 6 people, the reservation is made via the Service Provider's website. The choice of the price of the menus is made at the time of booking.
As the composition of the dishes on the menus changes regularly, only the price of the menus and the number of dishes is guaranteed.Article 4 - Moyens de paiements
The payment of the Deposit at the time of the reservation or the refunding is carried out via the BNP PARIBAS Mercanet secure payment module. At the time of the Service, the balance of the Service may be paid, in accordance with the regulations in force (cash, cheque drawn on a bank domiciled in France, bank card, etc.) or any other means of payment accepted by the Service Provider. In the event of fraudulent use of a means of payment by the Customer, the Service Provider shall not be held liable. Any unavailability of the electronic payment service shall in no case release the Customer from its obligation to pay the price of the chosen Services.
Any non-payment or late payment will result, after a letter of formal notice has been sent, in the invoicing of late payment interest excluding all taxes, equivalent to the application of a rate equal to the European Central Bank rate plus 10 points. These penalties will be applied from the due date of the principal to the date of actual and total payment. The flat-rate compensation for collection costs of 40 € provided for in Article L 441-5 of the Commercial Code will be due, in addition, for all professionals within the meaning of the law.
Any refund of the Deposit falling within the scope of these GCSU will be made within 48 hours of receipt by the Customer of an email confirming that the cancellation or modification has been taken into account.Article 5 - Gift Card
This service is not currently available.Article 6 - Cancellation of a reservation
6.1 Cancellation by the Customer
The Customer has the possibility to cancel his total reservation, five (5) calendar days before the Date of the Service via the email received when his reservation is confirmed or the reminder email that follows in accordance with the GCU, without cancellation fees.
On the other hand, the total or partial cancellation of the services within five (5) calendar days of the Date of the Service or the non-arrival of the Customer on the agreed date gives rise to a fee for cancellation by the Customer, invoiced at sixty-five (65) Euros times the number of covers indicated at the time of the reservation. In any event, the Deposit received by the Service Provider at the time of booking will not be returned and will be deducted and offset against the compensation to be paid by the Client for cancellation costs.
All cancellations are final regarding the reservation concerned.
6.2 Cancellation by the Service Provider
In the event of partial or total cancellation of the planned Service, caused by any event beyond the Service Provider's control (total or partial strikes by suppliers and/or staff, epidemic viruses, subcontractors or transporters, interruption of transport, supply of energy, raw materials or in the event of force majeure (war, demonstrations, disasters affecting restaurant facilities, etc.), the Service Provider shall reimburse the Customer for the amount of the Deposit paid to the exclusion of any other compensation or costs of any kind whatsoever.Article 7 - Intellectual Property Rights and Personal Data
7.1 The Service Provider alone is authorised to exploit the intellectual property rights relating to the Racine Restaurant and Website.
All content accessible via the Website www.racine.re
(texts, GCSU, codes, illustrations, images, etc.) and the Site is the property of the Service Provider and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
7.2 The Racine restaurant website uses personal data for the purpose of managing "Customer" reservations such as surname, first name, contact information, email address, bank details, etc., in particular for the purposes of providing the Services ordered and managing its contractual relationship with the Customer. This data is only intended to implement the reservations of the Racine restaurant.
This data may be communicated to any partners of the Service Provider responsible for the execution, processing, management and payment of reservations.
Processing of information communicated via the website www.racine.re
complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The obligatory or optional nature of the communication of the data requested is mentioned on the personal data collection forms on the website. When the communication of data is mandatory to fill in the reservation forms, the absence of their communication will result in the inability of the website to process the Customer's reservation request. Concerning the website, the statistical data is automatically pseudonymised by the site after a maximum of 18 months if no new reservation is made by the Customer. Any new reservation, modification or cancellation of the reservation by the Customer extends the storage period by 18 months.
In accordance with the law of January 6, 1978 amended by Law n°2018-493 of June 20, 2018, you have the right to access, modify, correct and delete data concerning you, as well as the right to object on legitimate grounds. These rights can be exercised online via the link after signature, in the booking confirmation email sent online or directly to the data manager, Marine Tanaka by email firstname.lastname@example.org or by mail to TAKAMA 6 place Godinot, 51100 Reims.Article 8 - Liability
The Service Provider shall not be liable in the event of theft of or damage to any type of object or property belonging to the Customer or entrusted to him. In the event that the Restaurant is unavailable when a reservation is modified and/or cancelled by the Customer or the Service Provider under the terms of the GCS, including within the 120-day period, the Service Provider cannot be held liable. Similarly, the Service Provider cannot be held liable for the failure of the Customer's information system, telecommunications network, delivery terminal or computer equipment or for the loss of the reservation email sent to the Customer.
The Service Provider will invoice the Customer for any theft or damage to personal property or real estate caused on the premises of the Service by himself or one of his guests.
The Service Provider declares that it has taken out professional liability insurance.Article 9 - Evidence
The information stored in the Service Provider's information system shall have evidentiary force in the same way as any document drawn up, received or stored in writing.The information on computer or electronic media of the Service Provider is considered as evidence and may be produced in any amicable or legal proceedings.Article 10 - Applicable law - Claims - Disputes
This contract is drawn up in French and governed by French law. It must be applied and interpreted in accordance with this law. Only the French version of the GCSU is authentic and only French courts have jurisdiction.
In the event of a complaint or dispute, the Customer shall first contact the Service Provider to find an amicable solution by mail at the address of TAKAMA 6 rue Godinot in Reims (51100) or by email email@example.com.
In the absence of an amicable agreement, the Customer has the option of referring the matter free of charge to the consumer ombudsman on which the professional depends, within a period of one year from the date of the written complaint sent to the Service Provider.
The Consumer Ombudsman is the Association of European Ombudsmen (AME CONSO). The referral can take place within one year from the written complaint addressed to the Service Provider. The referral to the Consumer Ombudsman must be made either:
- by filling in the form on the AME CONSO website: www.mediationconso-ame.com
- by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.
In the absence of amicable settlement of any dispute or claim concerning the Service or the interpretation or application of the general terms and conditions of sale or use, the competent courts will be the territorially competent civil or commercial courts where the defendant is within his rights. In any event, only the Commercial Court of Reims will have jurisdiction over disputes between professionals.
Part II – General Conditions of Use of the website www.racine.re
The general conditions of use of the site www.racine.re
are intended to define the terms and conditions of access and use of the Service Provider's website and are enforceable against Users. They are an integral part of the Racine Restaurant's general terms and conditions of sale.Article 11 - Access to Functionalities
Access to the Website's Functionalities is open to any person browsing the Website and is subject to compliance with these terms and conditions. The costs of access and use of the telecommunications network shall be borne by the User, according to the terms and conditions set by his access provider and telecommunications operator. The GCU are available online and may be modified at any time at the discretion of the Service Provider without any other formality than being put online. The version applicable to the Customer User is the one mentioned in the GCS.The GCSU are downloadable for the needs of the Customer User. Any User undertakes, after acceptance of the GCSU, to respect them scrupulously. Failure to comply with the GCSU engages the responsibility of the User and may result in the suspension and/or immediate termination, by operation of law, of access to the Website and the associated Functionalities.
The User is responsible for the use he makes of the information made available to him by the Service Provider and must take into consideration all the warnings contained in these GCSU and on the Website. The User must declare complete and accurate information when making a reservation.
The conditions of access and use of the Functionalities are subject to change without notice by the Service Provider.Article 12 - Functionalities
The Website offers the User access to all or part of the following Functionalities:
- Consult information on the Services offered by the Restaurant. This Functionality allows the User to access information relating to the terms and conditions of the Services (e.g. calendars, schedules, menu descriptions, rates, etc.).
- Reservation. The User may book Services on the Website. The conditions of access and operation of the order of these Services appear on the Website and in these GCSU.
- Receive information notifications from the Service Provider in connection with his reservation or his navigation on the Site.
The Service Provider is not responsible for the unavailability of the Website in the event of maintenance, updating, testing, security, repair, power interruption, or any other interruption of any kind whatsoever.Article 13 - Reservation stages via the Site
When making an online reservation, the User selects the number of covers he wishes to reserve. For reservations of more than 6 covers, the User also selects the price of the selected menus. The Site proposes to the User the available dates for lunch and/or dinner. The User selects the date, the time of day (lunch or evening), the time of arrival and then fills in the contact details and information necessary to follow up the reservation.
The Site summarizes the pre-reservation to the User and mentions the next steps in order to definitively validate the reservation. The User must then validate the reservation by having previously read and accepted the GCSU by ticking the box provided for this purpose. The customer's click in the box "I accept the general conditions of sale and use of the site" constitutes acceptance of said conditions and has, by the same token, the value of a handwritten signature. By ticking the box, the customer declares that he has read and accepted these GCSU without reservation and irrevocably commits himself. His acceptance is final.
The user then receives a summary pre-reservation at the e-mail address he has previously entered in order to finalize the booking. The user has one hour to follow the link received by email and complete the following steps including the payment of the Deposit. In the absence of a deposit paid within the hour of receipt of the email, the pre-reservation is cancelled. An email will confirm the automatic cancellation to the User.
Via the link received, the User pays the Deposit corresponding to the number of covers reserved via the BNP PARIBAS secure payment module.
The site will confirm receipt of the Deposit and the User will receive confirmation of receipt of the Deposit and the reservation by email within 15 minutes. This email validates the reservation and recalls the details of the reservation.
This email is to be kept by the Customer User in order to allow for possible modifications or cancellation of the reservation subject to these GCSU.
A summary reminder email allowing for possible modifications or cancellation under the conditions of the GCS will be sent 15 calendar days before the Date of the Service to the email address communicated by the User, as well as a second summary reminder email 24 hours before the Date of the Service.Article 14 - Website
The Service Provider does not warrant that the Website will be free of errors, omissions or bugs, nor that the Website will operate without interruption or failure, nor that it is compatible with your computer equipment or delivery terminal.
In no event shall the Service Provider be liable for damages of any kind that may result from changes and/or temporary or permanent, total or partial unavailability of the Website or any Functionality. The Service Provider is in no way liable for damages of any kind that may result from the use of the Website, such as, in particular, loss of data, computer viruses, suspension of Functionality, fraudulent use of credit cards, lack of availability. All hardware and software necessary to access the Site remain the sole responsibility of the User. It is the User's responsibility to take all appropriate measures to protect his own data and/or software from contamination by possible viruses.Article 15 - Cookies
The Service Provider shall not be held directly or indirectly liable for any hypertext links set up within the framework of the Site to other sites present on the Internet, in particular with regard to all the content of these other sites.Article 17 - Legal Notice
Site owner: "TAKAMA"
Tel.: 03 26 35 16 95
Email address: firstname.lastname@example.org
SARL with a capital of €5,000
Registered office: 6 rue Godinot 51100 Reims
R.C.S Reims 821 275 948 – Siret 82127594800015
Code APE: 5610A
EU VAT No. FR17821275948
Publication Director: Marine Tanaka
Identification of the hosting provider
OVH SAS - 2 rue Kellermann - 59100 Roubaix