CGV

ARTICLE 1 - SCOPE AND PURPOSE

These general conditions of distance selling (hereinafter " CGV ") Govern the contractual relationship between, on the one hand, Le Garage restaurant (site www.legarage-valdisere.com) - SARL LE VAL D'ISERE, located AV OLYMPIQUE in VAL D'ISERE (73150), secondary school 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) ") Ordering through the website at www.legarage-valdisere.com.

Placing an order with Le Garage implies unreserved acceptance of these GTCS by the Customer, to the exclusion of any other condition, except with the prior written consent of Le Garage. The GTC 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 their posting on the site and apply to any subsequent order. The version of the GTC applicable at the time the order is placed is available on the site.

ARTICLE 2 - DELIVERY ZONE

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

  • not all of the territory is currently served with delivery by Le Garage and 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 my basket” icon. 

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

(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 in to his Customer Account must do so to finalize his order.

II) Online order validation

(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 possibility of modifying it, supplementing it or creating a new address.

(6) The Customer also has the option of adding a voucher / reduction code and providing additional information.

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

(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 Visa and MasterCard credit cards. He must then enter his card number, its expiration date and the card verification code.

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

The order of Products is not definitively confirmed and does not bind Le Garage until receipt of this email by the Customer. The Customer is therefore invited to ensure that it is 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 stocks available in the Restaurant.

In case of exhaustion of stocks, the Restaurant will notify the Customer by telephone to offer him either to opt for another Product, or to deduct from the amount of the invoice the price of the unavailable Product and refund the missing Product. With the Customer's agreement, this reduction may also take the form of a credit to be used on a next order.

ARTICLE 4 - DELIVERY AND WITHDRAWAL FROM A RESTAURANT 

The order will be delivered to the delivery address indicated by the Customer when ordering.

All deliveries are made within the approximate deadlines indicated when ordering on the site. The Garage makes its best efforts to comply with them, but contingencies (particularly related to bad weather, traffic, etc.) may lead to delivery deadlines being exceeded, which cannot give rise to compensation.

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

If you choose to collect your order from a restaurant, it is only available 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 for perishable products. Consequently, the Customer does not have any right of withdrawal and cannot reverse his order when it has been registered by Le Garage. 

ARTICLE 6 - PRICE

The applicable prices are those in effect 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 reflected in 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 a 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 entered 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 Client 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 settlement. In addition, Le Garage will be entitled to a lump sum indemnity for recovery costs in the amount of forty (40) euros. Late payment penalties and this lump sum are payable automatically without the need for a reminder.

ARTICLE 8 - GUARANTEES 

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

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

In the event of a non-conforming Product, the Customer must inform Le Garage within a reasonable period of time and at the latest within 24 hours from the delivery or the provision in the 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 warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code

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

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

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

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

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

The good complies with the contract:

1 ° If it is suitable for the use usually expected of a similar good 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 attention of the seller 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 lapses two years after delivery of the goods.

ARTICLE 9 - RESPONSIBILITY 

Le Garage cannot be held liable for any 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 

Le 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 when ordering are specified in the Legal Notices and General Conditions of Use (T & Cs) of the site which have contractual value and can be viewed 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 questions relating to the performance of the contract, the Customer can 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 GTC are governed by French law.

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

Consumers are invited to submit their dispute with Le Garage in advance, which could not have been resolved by mutual agreement through the mediation mechanism proposed by the Fédération Française de la Franchise. For more information, go to the dedicated page of the FFF website: http://www.franchise-fff.com/fff/mediation-franchise-consommateurs.html