CGV

ARTICLE 1 – SCOPE AND PURPOSE

These general conditions of distance selling (hereinafter " CGV ") govern the contractual relationship between on the one hand, The restaurant Le Garage (site www.legarage-valdisere.com) - SARL LE VAL D'ISERE, located AV OLYMPIQUE in VAL D'ISERE (73150), secondary establishment of the company SARL LE VAL D'ISERE, registered in the trade and companies register under number: 076 920 479 (hereinafter " The garage ») and, on the other hand, each customer (hereinafter the “ Client(s) “) placing an order via the website at the address www.legarage-valdisere.com.

The fact of placing an order with Le Garage implies unreserved acceptance of these GCS by the Customer, to the exclusion of any other condition, except with the prior written consent of Le Garage. The T&Cs are available on the site.

The Garage reserves the right to adapt or modify these T&Cs at any time without notice. These changes are applicable and enforceable against the Customer from the time they are posted on the site and apply to any subsequent order. The version of the GCS applicable at the time the order is placed is available on the site.

ARTICLE 2 - DELIVERY AREA

The Customer via the site is invited to choose between an order to be delivered or to take away, it being specified that:

  • not all of the territory is currently serviced by delivery by Le Garage and that delivery outside of Val d'Isère is not eligible;

ARTICLE 3 - ORDER 

I) Online Ordering Process

 

(1) The Customer chooses the Product(s) he wishes to order and confirms by clicking on the "Add to cart" icon. 

(2) A minimum order amount may be imposed for delivery, in which case the Customer is notified before payment of the order. No minimum amount is imposed for the take-out sale.

(3) Via the "basket" tab, always accessible on the site, the Customer will find a summary of the Products chosen, their quantity and the total amount of the order.

(4) The Customer who has not yet logged into his Customer Account must do so to finalize his order.

II) Validation of the online order

(5) After validation of the basket, the Customer is automatically directed to a window indicating the delivery address entered during registration. He then has the option of modifying it, adding to it or creating a new address.

(6) The Customer also has the option of adding a voucher/discount code and filling in additional information.

(7) The Customer then indicates the method of payment: "On receipt" or "By credit card". If payment "At the reception" is selected, the Customer has the option of paying in cash, by check or by meal ticket. 

(8) If the Customer has chosen the option of payment by credit card, he is redirected to a secure site administered by a secure internet payment service company, which accepts payments by Carte Bleue Visa and Mastercard. He must then enter his card number, its expiry date and the card verification code.

(9) The Customer finally receives an email confirming his order to the email address indicated in his customer area.

The order of Products is not definitively confirmed and commits The Garage only upon receipt of this e-mail by the Customer. The Customer is therefore invited to ensure that it has been received and to contact customer service by telephone in the event of difficulty (see below, article 11). 

III) Unavailability of Products

The Products presented on the Le Garage menu are subject to the stocks available in the Restaurant.

If stocks are exhausted, the Restaurant will notify the Customer by telephone to offer him either to opt for another Product, or to deduct the price of the unavailable Product from the amount of the invoice and reimburse the missing Product. With the Customer's agreement, this reduction may also take the form of a credit note to be applied to a future order.

ARTICLE 4 – DELIVERY AND COLLECTION IN RESTAURANTS 

The delivery of the order will take place at the delivery address indicated by the Customer when ordering.

All deliveries are made within the approximate time indicated when ordering on the site. The Garage makes its best efforts to respect them, but hazards (in particular related to bad weather, traffic, etc.) may lead to delivery times being exceeded, which cannot give rise to compensation.

If the Customer is not present to receive the delivery of the Products ordered at the address indicated during the order, it will be won and The Garage will not refund the price of the order and will invoice the Customer for the full amount.

If you choose to withdraw the order from a restaurant, it is available only from the Restaurant at the time indicated when ordering. In the event of a delay in the provision, the restaurant will contact the Customer by telephone.

ARTICLE 5 – RIGHT OF WITHDRAWAL 

The right of withdrawal does not apply to perishable products. Consequently, the Customer has no right of withdrawal and cannot return to his order once it has been registered by Le Garage. 

ARTICLE 6 – PRICE

The applicable prices are those in force at the time of the Customer's order, as displayed on the site.

They are expressed in euros all taxes included. They take into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the prices of the Products.

ARTICLE 7 – PAYMENT 

Orders are payable either by credit card, Paypal or Apple Pay directly on the site, or in cash or restaurant vouchers upon delivery or withdrawal from the Restaurant.

Orders must be paid in full. No deduction of discounts or coupons that the Customer would not have mentioned when ordering is possible. Compensation is only possible in the case of a credit note approved by Le Garage and registered in the Customer's account on the date of payment.

The Garage will not be required to return the Products ordered by the Customer if the latter does not pay the total amount of the order.

If the Customer is a professional, in the event of late payment, late payment interest will be applied at a rate equal to three times the legal interest rate until the day of final payment. In addition, The Garage will be entitled to a lump sum compensation for recovery costs in the amount of forty (40) euros. Late payment penalties and this fixed amount are due automatically without the need for a reminder.

ARTICLE 8 – GUARANTEES 

The Garage undertakes that the Products delivered comply with the registered order.

In the event of a missing Product, the Customer must inform Le Garage upon delivery or collection from the restaurant, failing which no claim will be accepted.

In the event of a non-compliant Product, the Customer must inform Le Garage within a reasonable time and at the latest within 24 hours of delivery or availability in a restaurant and may request the replacement of the Products or the reimbursement of their price.

The legal provisions relating to the guarantee due in the event of hidden defects (article 1641 and following of the Civil Code) and to the guarantee of conformity (articles L. 217-4 and following of the Consumer Code) apply and are reproduced here. -after : 

Article 1641 of the Civil Code

The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article L. 211-4 of the Consumer Code (only for the Customer having the quality of consumer)

The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 211-5 of the Consumer Code (only for the Customer having the quality of consumer)

The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

-       if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

-       if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L. 271-12 of the Consumer Code (only for the Customer having the quality of consumer)

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

ARTICLE 9 – LIABILITY 

The responsibility of Le Garage can not be engaged in case of inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion, the presence of computer viruses, the fraudulent use of the bank card, etc

ARTICLE 10 – CONFIDENTIALITY – PERSONAL DATA 

The Garage implements all reasonable means to ensure the confidentiality and security of data transmitted over the web.

The conditions for processing the Customer's personal data, entered and recorded during the order are specified in the Legal Notice and General Conditions of Use (CGU) of the site which have contractual value and can be consulted on the following link:below.

All elements of the site, whether visual or audio, including the underlying technology, are protected by intellectual property rights and the Customer acknowledges that these rights are the exclusive property of Le Garage or its suppliers.

ARTICLE 11 – AFTER-SALES SERVICE 

For any question relating to the performance of the contract, the Customer may contact Le Garage customer service via the dedicated email address or the telephone number indicated on the site for this purpose.

ARTICLE 12 – APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are governed by French law.

All disputes to which these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their consequences and their consequences will be submitted to the competent courts under the conditions of common law. In the event of a dispute with Professional Customers, the Chambery Commercial Court will have sole jurisdiction.

Consumers are invited to first submit their dispute with Le Garage which could not be resolved by mutual agreement to the mediation mechanism offered by the French Franchise Federation. For more information, visit the dedicated page of the FFF website: http://www.franchise-fff.com/fff/mediation-franchise-consommateurs.html